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, TUESDAY, JANUARY 23, 2007 No. 13 House of Representatives The House met at 10:30 a.m. and was wondering out loud, what’s going on up House.’’ And these are from the New called to order by the Speaker pro tem- there in Washington? There is skep- York Times and the Chicago Tribune pore (Mr. SHULER). ticism about the Six for ’06, you know, and the Washington Post, not this f the things that the Democrat majority year, but in 1992. adopted in their vaunted first 100 Now the issue is whether or not to DESIGNATION OF SPEAKER PRO hours, albeit under an unfair process allow non-Members of the House of TEMPORE and with no input from either their Representatives, specifically the Resi- The SPEAKER pro tempore laid be- new Members or the minority. Really a dent Commissioner from Puerto Rico, fore the House the following commu- clear abuse of power. But the expla- and the Delegates from Guam, the Vir- nication from the Speaker: nation was, well, we ran on these gin Islands, the District of Columbia WASHINGTON, DC, issues, everyone knew they were com- and American Samoa the privilege to January 23, 2007. ing, they endorsed them in the elec- vote during the Committee of the I hereby appoint the Honorable HEATH tion. Whole on this floor of the House. Mr. SHULER to act as Speaker pro tempore on Now, regardless of the truthfulness of Speaker, this is outrageous; it is an in- this day. that statement, most folks just kind of credible, phenomenal move in both NANCY PELOSI, shake their head, and most in the press process and in substance. Speaker, House of Representatives. have given the Democrats the benefit Once again, now becoming the rou- f of the doubt, and that’s all right. There tine, this bill, scheduled to come to the MORNING HOUR DEBATES is a basic sense of, you know, it’s tough floor of the House tomorrow, has had to believe that they would violate so no committee hearing, no debate, no The SPEAKER pro tempore. Pursu- many principles coming right out of opportunity to amend, no democracy. I ant to the order of the House of Janu- the chute. assure you, this is not the kind of ary 4, 2007, the Chair will now recog- And then yesterday we had a suspen- change that the American people voted nize Members from lists submitted by sion bill; that is a bill that is brought for last November. the majority and minority leaders for to the floor of the House that requires The Constitution states that the morning hour debates. The Chair will a supermajority, two-thirds, in order to House shall be composed of, quote, alternate recognition between the par- pass. And by tradition, it is brought to ‘‘Members chosen by the people of the ties, with each party limited to not to the floor because it has got an over- several States,’’ not Delegates rep- exceed 30 minutes, and each Member, whelming amount of support, with the resenting non-State territories. It is an except the majority leader, the minor- full knowledge of both the majority unconstitutional power grab, a plan ity leader, or the minority whip, lim- and the minority. And yesterday, a bill that runs roughshod over the constitu- ited to not to exceed 5 minutes. that virtually everyone here supports, tional principle of one person, one vote. The Chair recognizes the gentleman removing Federal pensions from Mem- One of these territories has 57,000 resi- from Georgia (Mr. PRICE) for 5 minutes. bers of Congress who are convicted of a dents, compared to the 650,000 in my f felony, was brought to the floor and district. These individuals could vote amended or changed twice within a few to raise your taxes, Mr. Speaker, with- DELEGATE VOTING minutes before even reaching the floor. out paying taxes themselves. Mr. PRICE of Georgia. Mr. Speaker, Now this is fairly esoteric stuff; how- Clearly the plot by the Democrats is what if I were to tell you that non- ever, it is important because it dem- to slip this through during the week of Members of the House of Representa- onstrates the unfair process, the abuse the State of the Union when they think tives were about to be given a vote of the rules and the abuse of power. no one is paying attention. This is an right here in the House? You would say And now we have another in what unconscionable action, it is a violation no, can’t happen, right? Well, hold on, seems to be this daily event of power- of trust and a clear abuse of power. because it’s about to happen and it’s hungry Democrat majorities to give Under the Democrat plot and logic, about to happen this week. non-Members of the House a vote on they could seat and allow anyone that This week is a remarkable week; it this floor. It is a move that they tried the majority desires in the House. should be a time of great anticipation, the last time they were in control, a Who’s next, Mr. Speaker? Howard the State of the Union, we’ve got in- move that generated some interesting Dean? Does he get a vote in the House? credible and remarkable challenges headlines—‘‘Have the Democrats No The American people are disgusted that face our Nation. But at home, Shame?’’ ‘‘The Democrats’ Greedy with this level of arrogance and abuse when I go home, people are kind of Power Grab,’’ ‘‘Power Grab in the of power.

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 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JA7.000 H23JAPT1 ccoleman on PROD1PC61 with HOUSE H838 CONGRESSIONAL RECORD — HOUSE January 23, 2007 The oath that all of us took just a make a difference, and it is up to us as crats have put in place since day one, few weeks ago, we all pledged to uphold their representatives to make the and that is an abuse of power. This pro- the Constitution of the United States; changes necessary so they can continue posal this week means that Delegates this proposal belies that oath. to have hope. from Guam, the Virgin Islands, Puerto I urge my Democrat colleagues to re- Mr. Speaker, Senator BOB MENENDEZ Rico, and my favorite, American gain some sense of propriety, some and I will soon introduce legislation to Samoa, will enjoy new voting privi- sense of history, some sense of rec- address the issue of gang violence. The leges similar to Members of Congress titude. When you trample on the Con- bills will have three main goals. Our who actually represent districts in the stitution, when you use the Constitu- first goal is to provide after-school pro- United States and who actually rep- tion as a doormat and not the grams for students so they have a place resent districts with tax-paying citi- foundational document of our wonder- to go instead of joining a gang. The zens of the United States. This is a ful representative democracy, you do type of recreation and mentor pro- clear abuse of power. great harm to our Nation. grams that were discussed in Asbury And beyond that, as we all know, f Park at the community meeting I at- there is this little thing called the Con- tended could benefit from the grant set stitution, and the Constitution says ELIMINATING POVERTY up by this legislation. very clearly, the House shall be com- The SPEAKER pro tempore. Pursu- The second goal is to prevent recidi- prised of Members chosen by the people ant to the order of the House of Janu- vism, the idea that people who leave of the several States, not territories, ary 4, 2007, the gentleman from New jail don’t get caught up in a gang once not any member who wishes to come to Jersey (Mr. PALLONE) is recognized again because they have no job, no this House floor and vote, but those during morning hour debates for 5 min- family or home to return to after jail. elected by the citizens of the United utes. The legislation expands adult and juve- States from districts in the United Mr. PALLONE. Mr. Speaker, last nile offender demonstration projects to States. week, on the night of the Martin Lu- help with post-release housing and pro- What the Democrats are trying to do ther King, Jr. holiday, I attended a mote programs that hire former pris- here is cushion their numbers. There is truly amazing event in the West Side oners. a tight majority here in the House that Community Center in Asbury Park, And last, the administration address- the Democrats have, and they are try- New Jersey. es better police enforcement as well as ing to add to those numbers so that The city of Asbury Park is in my gang suppression initiatives. At the As- when they have tough votes on the congressional district, and has been bury Park meeting, the cries of ‘‘Stop House floor, they can look up and point plagued in recent months by gang vio- the Violence’’ came up repeatedly. The to a better number for their side than lence. It is a phenomenon shared by legislation will direct more resources for the Republican side. many New Jersey municipalities, in- to towns to create a new COPS grant Beyond that, 80 percent of the Dele- cluding my hometown of Long Branch program and put more police on the gates from these territories are Demo- nearby, which recently witnessed sev- street. Penalties will increase for those crats. Let’s think this thing through. I eral gang murders. convicted of gang crimes, and particu- think it is starting to make sense now, Mr. Speaker, redevelopment has larly those using firearms, and commu- Mr. Speaker. There is an abuse of come to Asbury Park, all the outward nities would be empowered to create power that is continuing in the third signs are of a seaside resort that is their own task forces to implement week of Congress that began even be- coming back big time. So why, you antigang initiatives. fore its first day. And let me tell you might ask, the gang violence? Why the Now all of these ideas require more what is so perplexing about this, is murders? One of which took place right dollars, and on the day when President that while my constituents have to pay in front of the West Side Community Bush is making his State of the Union Federal income tax in order to have Center where the Dr. King celebration address, I want to make one very seri- their representation in Congress, the took place. The truth is that the plight ous point about Federal resources. We Delegates from the territories rep- of the have-nots, that other America, can’t, as a nation, continue to escalate resent constituents who never have to has gotten worse in the last few years. the war in Iraq with no positive con- pay Federal income tax. While the Rev- The event was organized by the Rev- sequences for America at a continued olutionary War was fought over this erend Kevin Nunn, leader of Spirit of drain of hundreds of billions of dollars. idea of taxation without representa- Truth World Vision Outreach in As- President Bush needs to reverse course tion, what we have here today with bury Park. More than 15 local clergy and redeploy our troops out of Iraq. this Delegate voting is representation testified to the difficulty of young peo- The money and manpower are not only without taxation. I think that would be ple in getting an education, avoiding needed on the fight against terrorism great for my constituents in western drugs, and preventing a return to pris- elsewhere, for example, in Afghanistan, North Carolina; I think it would be on because of lack of economic oppor- but also at home, to fight the criminals great for all of America if we don’t tunities. The recreation programs on our streets. The need is not only for have to pay Federal income tax and which had been the backbone of the more policemen, but for the housing, still have our power and our elected de- West Side Community Center are at health care education and life support mocracy, but that is not the case. risk because of lack of funding. needs that will make it possible to get But let’s rewind. Just 2 weeks ago, Now, Mr. Speaker, the most impor- rid of the poverty that I saw on Martin the new Speaker of the House pushed tant theme I can convey about Monday Luther King Day in my community of forward a new minimum wage bill, a night’s event was the message of hope. Asbury Park. minimum wage bill that covered all of Dr. King was invoked as the example of f America and all of the territories, save love, peace and harmony among those one, American Samoa. The largest em- of all races and creeds, and he was a DELEGATE VOTING ployer in American Samoa is head- symbol that pervaded the audience as The SPEAKER pro tempore. Pursu- quartered in no other district than the the speakers talked about the need to ant to the order of the House of Janu- Speaker’s home district in San Fran- vote, to go to church and unite as a ary 4, 2007, the gentleman from North cisco. I think something smells fishy. committee. Reverend Nunn and most of Carolina (Mr. MCHENRY) is recognized That is what I said at the time. And I the clergy who spoke at this meeting during morning hour debates for 5 min- think this is another fishy favor to the are directly involved in bringing shel- utes. Delegates from the territories. It is ter to the homeless, food to the needy, Mr. MCHENRY. Mr. Speaker, this quite perplexing, Mr. Speaker, that in and promoting economic opportunity. week House Democrats are pushing for- week three we have a continued abuse The people present Monday night are ward a measure allowing Delegates to of power on this House floor. proud Americans, but they need help. cast votes even on the House floor, But let’s go back, let’s rewind. What They are certainly not looking to gov- even in this chamber. else have the Democrats done in their ernment to solve all their problems, Now, what is happening here is a con- short time in power to abuse the power but they believe that government can tinuation of a policy that the Demo- that the American people gave them?

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.002 H23JAPT1 ccoleman on PROD1PC61 with HOUSE January 23, 2007 CONGRESSIONAL RECORD — HOUSE H839 Well, let’s look at this: On opening day, gates, who play an important role, in- STATEMENT ON PRESIDENTIAL we proposed the Pelosi minority bill of cluding Puerto Rico, a Republican Del- PARDON FOR TWO U.S. BORDER rights, the same bill of rights that the egate, and ELEANOR HOLMES NORTON, PATROL AGENTS IN FEDERAL Democrats demanded 2 years ago. We who represents American citizens PRISON proposed the same thing, and the disenfranchised in the District. The SPEAKER pro tempore. Pursu- Speaker summarily dismissed it. Look Mr. Speaker, I come to the floor ant to the order of the House of Janu- at the 9/11 Commission, they pledged to ary 4, 2007, the gentleman from North implement all of the 9/11 Commission today on a somewhat lighter note. While we are dealing with affairs of Carolina (Mr. JONES) is recognized dur- recommendations, and they went back ing morning hour debates for 5 min- state, we are going to hear partisan on that pledge. A 5-day workweek, that utes. was a key pledge they made during the bickering back and forth. We are going Mr. JONES of North Carolina. Thank campaign, and after the campaign they to be dealing with major issues or war you, Mr. Speaker. said this House will work 5 days a and peace and global warming. We also Mr. Speaker, now is a critical time in week. We have yet to work a 5-day have an opportunity this week to re- the case of two United States Border workweek. In fact, last Friday we institute a tradition that continues to Patrol agents. Last week, the agents voted on only one bill. unify and uplift Congress, and I am turned themselves in to U.S. marshals And also, in 3 weeks in Congress, we speaking about bike-partisanship. The to begin serving 11 and 12 years, respec- only worked 40 hours in those 3 weeks. last 15 years have signaled a renais- tively, in Federal prison. U.S. Border Another abuse of power, Mr. Speaker. sance in cycling—the feats of Greg Patrol agents Ramos and Compean And finally, when they talk about LaMond and Lance Armstrong in the were convicted last spring for wound- keeping votes open in order to change Tour de France; Americans using over ing a Mexican drug smuggler who the outcome; they have already done a hundred million bicycles around the brought 743 pounds of marijuana across that, which is another abuse of power. country; the landmark ISTEA legisla- our southern border into Texas. The Mr. Speaker, this Delegate voting is tion reauthorizing the Surface Trans- agents fired shots during a foot chase something fishy, and it is another fishy with the smuggler, who had fled in a portation Act that since 1991 has di- favor put forward by the new Speaker van they were pursuing. The van con- rected $8 billion to biking and walking of the House and the new Democrat tained approximately $1 million worth majority in order to pad their number and trail activities, $4.5 billion in the of marijuana. and further abuse power. We should re- last bill alone, another record. Mr. Speaker, after months of silence, ject it, and the American people who We are working for ways to enhance the President recently said in a tele- pay taxes should be angry at this pro- the status of people who burn calories, vision interview that he would take a posal. not oil, people who take up less space sober look at the case and a tough look f on congested roadways, do not con- at the facts to see whether the agents should be pardoned. For the agents’ THE BIKE CAUCUS tribute to air pollution, and simplify the parking problems faced by more safety, I am hopeful that the President The SPEAKER pro tempore. Pursu- Americans. of the United States will look into this ant to the order of the House of Janu- case as soon as possible. ary 4, 2007, the gentleman from Oregon It is not just better for the cyclists, The facts will tell the President what (Mr. BLUMENAUER) is recognized during but it is better for the motorists who countless citizens and Members of Con- morning hour debates for 5 minutes. don’t have the cyclists competing with gress already know, that the United Mr. BLUMENAUER. Mr. Speaker, I them. It is better for the health of States Attorney’s office was on the find it somewhat amusing listening to Americans. We know that we are deal- wrong side in this case. Compelling my colleagues on the other side of the ing with an issue of obesity in Amer- physical evidence—the angle of the aisle fulminating against the notion ica, a lack of exercise. Think right now bullet that struck the drug smuggler— that we would allow Delegates to par- how many Americans are stuck in traf- makes it clear that the smuggler was ticipate in our deliberations of the fic on their way to ride an exercise pointing something at the agents as he Committee of the Whole. Obviously the bike at a health club. ran away and the agents fired in self- people either haven’t read the proposal, defense. Yet the U.S. Attorney’s office or they don’t care about what the con- Well, we have an opportunity, Mr. prosecuted the agents almost exclu- tent is, because these are duly elected Speaker, by enlisting friends on both sively on the testimony of an admitted representatives that we are proposing sides of the aisle to rejoin the Congres- drug smuggler who claimed he was un- to be able to enter into efforts only sional Bicycle Caucus. I strongly urge armed. Despite claims of insufficient under operation as Committee of the that my colleagues respond to the invi- evidence, the fact that the U.S. Attor- Whole. While they are signaling their tation that is going out today along ney’s office and Office of Inspector intent, how they would vote, that if at with my co-chairman, Tom Petri, a General were able to track down this any point they provide the margin that great member of the Transportation smuggler in Mexico proves that they would change the outcome, we provided and Infrastructure Committee, to join had enough evidence to tie him to the for a revote. So we are protecting the with us. Last session we had over 160 drug load, but they chose not to pros- integrity of the House, it is just when bike-partisan members from both par- ecute him. Instead, Mr. Speaker, the we are operating in the Committee of ties who dealt with issues of transpor- United States Attorney’s office pros- the Whole, and it is to give voice, for tation. We have done activities that in- ecuted the agents and granted immu- example, to the Republican Delegate volve members and staff and family. nity to the drug smuggler for his testi- from Puerto Rico who represents 4 mil- We urge fellow members to sign up now mony against our border agents. That lion people who do pay taxes, who fight to be ready for the hundreds of cyclists is absolutely unacceptable. in our wars; Delegate ELEANOR HOLMES that will join us for the annual Bicycle The drug smuggler received full med- NORTON, who represents full tax-paying Summit in March. This is one activity ical care in El Paso, Texas, was per- citizens of the District of Columbia that brings us together that all people mitted to return to Mexico, and is now who have been disenfranchised. In ef- can benefit from, and they will be enti- suing the Border Patrol for $5 million fect we have a tax-paying colony of tled to their membership pin in the for violating his civil rights. Contrary to the claims of the United States at- United States citizens. That is our Na- Congressional Bicycle Caucus. tion’s capital. It is shameful that EL- torney, there is no law that requires EANOR HOLMES NORTON hasn’t been ex- I strongly urge that we take these the government to give medical assist- tended full voting status, but we will steps for a healthier America, for an ance to injured illegal aliens. This drug work on that ultimately by changing environmentally sensitive America, for smuggler is not an American citizen. the Constitution. an America where children can get to He is a criminal. Since the agents were Until that day comes, this represents school safely on their own, and that we convicted, three of the 12 jurors have a reasonable compromise to give voice are able to live a little lighter on the submitted sworn statements that they to the men and women who are Dele- land. were misled into believing that there

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.003 H23JAPT1 ccoleman on PROD1PC61 with HOUSE H840 CONGRESSIONAL RECORD — HOUSE January 23, 2007 could be no dissent in the jury’s deci- On economic security. Last Novem- ary 4, 2007, the gentleman from Florida sion and therefore believed that they ber, the American people demanded (Mr. STEARNS) is recognized during had to give in to the majority opinion real results to improve their everyday morning hour debates for 5 minutes. of guilt. Still, the judge refused to lives and strengthen middle-class fami- Mr. STEARNS. Mr. Speaker, yester- overturn the verdict. lies. Today, President Bush has the op- day there was a pro-life rally here in Mr. Speaker, the extraordinary de- portunity to talk about a change of ac- Washington, DC. In fact, the 22nd an- tails surrounding the prosecution of tion there and work in a bipartisan nual rally. I thought I would take a this case assures that justice has not way with those of us that are here serv- moment and talk about some of the in- been served. For the sake of the agents ing in the House. novations involved with ultrasound and their families and for the sake of In its first 100 hours, the House of equipment which is very beneficial for the American people who they were Representatives succeeded in passing women who are pregnant who wish to working to protect, I encourage the legislation to raise the minimum wage, look at the fetus. President to review the facts of this expand Federal funding for stem cell Recently, my colleagues, National case as soon as possible. In addition to research, implement recommendations Geographic presented a 2-hour program the 250,000 petitions that have been col- of the bipartisan 9/11 Commission, re- charting the fetal development of sev- lected on behalf of the agents, the quire negotiations for lower prescrip- eral mammals with the use of new gen- American people and Members of Con- tion drug costs, make college more af- eration ultrasound imagery. Physi- gress should encourage the President fordable for many, many families, and cians created a stunning portrait of a to review this case. I hope that the end subsidies for Big Oil to invest in mammal in utero, but just imagine the Members of Congress and the American clean renewable energy. These 100-hour reaction of parents today when viewing people will call the White House and bills are just the beginning. The new a 3–D fetal snapshot of their unborn ask the President to immediately re- Congress will do more to take America son or daughter smiling back at them. verse this injustice by pardoning these in a new direction. Professor Stuart Campbell, one of the two innocent men. On health care. President Bush’s world’s leading experts in obstetrics, f health insurance proposal is a tax hike believes that ever improving imagery, on the middle class of our country. It particularly moving from 3–D to 4–D STATE OF THE UNION will do little to help the uninsured and scanning, which are inching closer and The SPEAKER pro tempore. Pursu- will undermine the health insurance of closer to actually displaying real-time ant to the order of the House of Janu- those lucky enough to have it already. movements, represents the tip of the ary 4, 2007, the gentlewoman from Cali- In the same year that President Bush iceberg for fetal behavior study. fornia (Ms. SOLIS) is recognized during is once again submitting a budget mak- As with these amazing images, morning hour debates for 5 minutes. ing his tax cuts permanent—tax cuts ultrasound technology provides par- Ms. SOLIS. Last November, the that go overwhelmingly to the richest ents-to-be with a window into the American people demanded a dramatic Americans—he is proposing to shift womb which can result in a stronger change at home and abroad. Now in the more of the cost of health care onto parent-child bond, better prenatal majority, Democrats in Congress are working families. Under President treatment and also supply doctors with delivering on that promise. With the Bush’s leadership, the Nation’s health obviously an advanced understanding State of the Union address to be held insurance crisis has actually worsened, of fetal development and behavior. tonight, President Bush can dem- costs are up and the number of unin- Today’s ultrasound equipment is bet- onstrate that he has listened to the sured Americans has grown. This latest ter than ever and the technology will American public and is ready to work proposal is another step in the wrong improve even better over time. Such with the Congress on these priorities. direction. images allow physicians to readily On critical issues from Iraq to energy On energy independence. Key to our identify critical health problems such independence, it is time to take Amer- national security and our economic se- as spina bifida, heart complications, ica in a new direction. curity is energy independence. Last neural tube defects, and genetic syn- On security and Iraq. President Bush year in the State of the Union address dromes. Ultrasound imagery brings likes to make promises in the State of by the President, he declared that we many benefits to women, their unborn the Union addresses, he just doesn’t al- were addicted to oil. One week later in children and, of course, to our health ways keep those promises. The Presi- his annual budget, he shortchanged the care system in general. Continued re- dent has promised the American people development of alternative fuels and search, breakthrough developments, to strengthen America’s security. Un- technologies needed to make America and preventative care could save mil- fortunately, his policies have made the energy independent. As you know, lions of dollars. world more dangerous and America less Democrats are already putting Amer- Public health advocates know that safe. Now he wants to escalate the war ica on a path to energy independence access to early, high-quality prenatal in Iraq over the overwhelming opposi- by cutting huge subsidies to Big Oil care is key to maternal and newborn tion of the American public and many and investing in the alternative fuels health. Therefore, this prenatal care of his own generals. Unfortunately, and technologies needed to protect our should include ultrasound equipment. President Bush’s plan to escalate the national security, our economy and our Sonograms can diagnose serious com- war in Iraq will not bring success in environment. The science of global plications that can be easily avoided if Iraq or make America safer. It will re- warming and its impact is over- discovered early on during a preg- ceive an up-or-down vote in both cham- whelming, as you know. The American nancy. Four-dimensional imaging bers of Congress. We will always put public understands the urgency of the shows objects in 3–D moving close to our troops first, and that means hold- problem. We want to work with Presi- real time. Doctors have long known ing the President accountable for those dent Bush in a bipartisan fashion but that fetuses move, but the physical be- changes that he wants to provide. we can’t wait for him to put science be- havior revealed by these scans is ex- Democrats have a plan for success fore special interests. panding upon their knowledge exponen- that will make America safer and bring Democrats will listen to what Presi- tially. The possibilities of improving our troops home. Shifting the principal dent Bush has to say today and we the health of women and their unborn mission of our forces from combat to hope he will listen to the American children are endless. training, logistics, force protection and public. It is time for all of us to work Mr. Speaker, these advanced activities to counter terrorism; begin- together for a new direction for all ultrasound images can give women an ning the phased deployment of our Americans. opportunity for better prenatal health forces in the income tax 4 to 6 months; f and decrease risks during pregnancy and implementing an aggressive diplo- not only for themselves but obviously matic strategy both within the region THE INFORMED CHOICE ACT, H.R. for their unborn child. Unfortunately, and beyond to help the Iraqis achieve a 223 there are a lot of women today that sustainable political settlement, in- The SPEAKER pro tempore. Pursu- cannot afford access to this critical cluding amending their constitution. ant to the order of the House of Janu- medical service. These underprivileged

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.005 H23JAPT1 ccoleman on PROD1PC61 with HOUSE January 23, 2007 CONGRESSIONAL RECORD — HOUSE H841 women do not have the option of safe- ment and public attitudes of the sol- ices. As of May last year, of the 5 per- guarding their health and prenatal diers’ actions all affect the vulner- cent of Iraq and Afghanistan soldiers well-being. Therefore, I have intro- ability and prognosis for this disorder. who may have been at risk, only 22 per- duced the Informed Choice Act, H.R. PTSD is a severe anxiety disorder cent sought help from mental health 223. This legislation authorizes Health that develops after a traumatic event providers. The rest sought help from and Human Services to establish sim- involving physical danger. It is also primary care doctors, many without ple grants for not-for-profit and com- called ‘‘shell shock’’ or ‘‘battle fa- mental health training. munity-based health clinics to pur- tigue’’ in other wars and is particularly The National Defense Authorization chase ultrasound equipment. The cen- prevalent among soldiers who have ex- Act of last year created the defense ters that purchase these machines will perienced wartime combat. Symptoms task force on mental health. Within a be able to provide free examinations to can include insomnia, irritability, in- year, they are to submit a report to us women who are unable to obtain access ability to concentrate, panic, terror, with a long-term plan to improve the to this critical care. That is, women dread, despair, grief and include day- effectiveness for Armed Forces who that are poor. Each year, these preg- time recollections, traumatic night- have experienced multiple deploy- nancy centers serve hundreds of thou- mares or combat flashbacks. Most per- ments. But Congress can improve the sands of women, ranging from girls sons exposed to severe trauma do not Department of Defense referral process barely in their teens to women in their develop symptoms. Onset can be imme- for mental health evaluations by psy- mid to late thirties. Many of these diate but more commonly occurs from chiatrists/psychologists to better meet women are among the poorest of the a few months to years after the event. the needs of our troops. As chronic Currently, the Department of De- PTSD symptoms can continue for poor. For them, the free care that they fense provides mental health services years, the VA should extend the 2-year receive is an essential lifeline. Access for 180 days following discharge and the universal coverage period for mental to ultrasound equipment is clearly one VA offers its health care services, in- health services for our Nation’s sol- of the best things that this Congress cluding mental health, to veterans at diers when they return from active can do to promote women’s health and no cost for 2 years following discharge. duty and combat. And we need to study prenatal care. Afterwards, veterans may continue to the effects of the 24-hour media expo- Women understand the importance of receive mental health treatment but sure on the occurrence of PTSD symp- ultrasound equipment. A recent poll are subject to copayments. toms upon returning veterans from confirms this. In order to provide Unit support while still deployed Iraq and Afghanistan. Congress can women in crisis pregnancies with suffi- helps reduce symptom risk. Once sol- also increase public awareness of PTSD cient prenatal care and the full scope diers return home these supports end, to reduce the stigma for returning vet- of information about their pregnancy, I but ongoing support is essential to re- erans and for them to take advantage urge my colleagues today to cosponsor duce the risk, from families, friends, of mental health services at the VA. my legislation. It is clear that these veterans, the VA and our society as a Working together, we can ensure women view ultrasounds as an essen- whole. Many with early symptoms of that none of our Nation’s veterans suf- tial resource, a resource for women PTSD, however, isolate from social fering with PTSD are left behind, but who are faced with unplanned preg- contact and do not benefit from these above all as Members of Congress we nancies struggling with that prime de- supports. have to make sure that the things we cision. Additionally, the Focus on the In the current war in Iraq, unlike do and say respond to the caveat to Family organization found that an Vietnam, society as a whole is gen- first do no harm. overwhelming 84 percent of women sur- erally able to separate support for the f veyed decide against abortion after soldier from support for the war. How- viewing an ultrasound of their unborn ever, as criticism for the war increases DELEGATE VOTING baby. and the public questions the purpose The SPEAKER pro tempore. Pursu- Women have a right to know what is and outcome of this war, a significant ant to the order of the House of Janu- going on during their pregnancy. These question remains as to the impact upon ary 4, 2007, the gentlewoman from Ten- ultrasound images, specifically with the soldier’s mental health of these ex- nessee (Mrs. BLACKBURN) is recognized the 3–D and 4–D technology, depict pressions of doubt. For those at risk during morning hour debates for 5 min- fetuses beyond 24 weeks sucking their for PTSD and since hopelessness may utes. thumbs, sticking their tongues out and raise the risk, society’s comments of Mrs. BLACKBURN. Thank you, Mr. even making emotional faces. the situation may increase the sol- Speaker. I appreciate the time and the So again, my colleagues, I urge you dier’s sense of personal blame and lead opportunity to talk with my colleagues to join me in protecting the health of the soldiers to question if they did about an issue that is of tremendous women and their unborn children by their job well. Or they may develop a importance to us. It is certainly one cosponsoring the Informed Choice Act, sense of worthlessness and guilt that that I have heard from from my con- H.R. 223. This bill is about giving vul- their fellow soldiers lost their lives for stituents in Tennessee’s Seventh Con- nerable women the information they a cause that was not supported by the gressional District. They are quite con- need about their pregnancy and mak- country. Further research must be cerned about this. It seems that all of ing this critical technology available done to explore this link, but it also a sudden last week, outside of regular to all Americans. raises an important issue. Not only is order, outside of the normal committee f there a concern for a stigma for the process, an old idea resurfaced and came before this body in the form of a WHEN THEY COME HOME: MEET- war action itself but also getting help. The majority of soldiers who need piece of legislation that is not going ING THE MENTAL HEALTH treatment for PTSD and mental health through regular order, is not going NEEDS OF OUR TROOPS symptoms do not seek help for fear of through the committee process. And I The SPEAKER pro tempore. Pursu- being seen as weak, for fear of being had many constituents who were quite ant to the order of the House of Janu- treated differently by their com- concerned about this, and how could a ary 4, 2007, the gentleman from Penn- mander, or fear of future harm to their bill that is important to us, important sylvania (Mr. TIM MURPHY) is recog- career. to our Nation, important to our struc- nized during morning hour debates for Pictures, commentary and news cov- ture and our way of governing come be- 5 minutes. erage of this war affects not only re- fore us without people being aware? Mr. TIM MURPHY of Pennsylvania. cent combat veterans but extends to This issue is the issue of delegate vot- Mr. Speaker, over 17 percent of soldiers those of prior wars. A survey of 70 Viet- ing. We are going to hear more about returning from Iraq, higher than any nam veterans stated that 57 percent re- this today and tomorrow. Then the other measured military conflict, meet ported flashbacks after watching re- Democrat majority is going to push the criteria for post-traumatic stress ports about this war on television, and this to the floor for a vote so that they disorder, or PTSD. Predeployment almost half faced sleep disorders. can circumvent what is the constitu- mental health screening, availability Mr. Speaker, there is a need for spe- tional underpinning of this great Na- of treatment, perception toward treat- cialized military mental health serv- tion.

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.006 H23JAPT1 ccoleman on PROD1PC61 with HOUSE H842 CONGRESSIONAL RECORD — HOUSE January 23, 2007 Now, we as Republicans believe in Now, we know that the Democrat b 1200 the constitutional principle of one per- leadership is trying to ram this son, one vote. We think that that is through the House and there are some AFTER RECESS important. It is important to adhere to reasons for doing this. They feel like The recess having expired, the House that, that everyone is equal under the they can literally do it on the sly this was called to order at noon. law. Everyone is entitled to their vote, week. Tonight is the State of the f everyone is entitled to that representa- Union. They feel like they can do this tion of one person, one vote. And to in the shadow of the State of the Union PRAYER change that principle and allow dele- without going through the process of The Chaplain, the Reverend Daniel P. gate voting would require an amend- the committees, without going through ment of the Constitution. That is not a Coughlin, offered the following prayer: the process of amending the Constitu- Lord God, King of the universe, Cre- statement that comes only from me tion. We also know that they would but the Democrats can look at their ator of all, tonight television cameras choose to do it before they establish and media from around the world will former Speaker of the House, Tom regular order. Foley, who is on record in 1970 when be focused on this Chamber, where Mr. Speaker, you know, we have not President George W. Bush, 43rd Presi- this old issue came up at that point. In been in the committee process. The 1970, former Speaker of the House Tom dent of the United States of America, committees have not been functioning. will address a joint session of the 110th Foley, a Democrat from Washington We have been having bills come State said, and I am quoting, it is very Congress in his State of the Union. straight to the floor without the due Holding the office of the highest au- clear that a constitutional amendment diligence and the oversight that is done would be required to give delegates a thority in the land and elected by the by the committees. We know the vote in the Committee of the Whole, people of this Nation, he has become a Democrats would choose to circumvent which is the full House. world figure whose words and actions Now, Mr. Speaker, this act by the that process and pass this before reg- draw the attention of peoples world- Democrats is nothing more than an un- ular order is established. It is an issue wide and will shape the human events constitutional power grab that they of great concern. I appreciate very of our time. Thereby, he is so deserving want in order to be able to further much that my constituents have been of our prayer today and every day. We their agenda. So we feel that it is im- involved in the issue. owe him our prayerful support as free portant to stand against this. We feel f citizens who pledge allegiance to the that it is also important that we look flag of the United States of America. HOPING FOR LESS TALK AND at the Constitution, when it says that Lord God, bless, protect and guide MORE ACTION FROM WHITE HOUSE the House shall be composed of Mem- our President, for Divine Providence bers chosen by the people of the several The SPEAKER pro tempore. Pursu- has called him at this moment to be a States, not delegates representing the ant to the order of the House of Janu- living symbol of free democracy and a non-State territories. There is a dis- ary 4, 2007, the gentleman from New blessing for this Nation and for the tinction here. There is a bright line York (Mr. MCNULTY) is recognized dur- world. Grant him health, wisdom and here. ing morning hour debates for 5 min- strength. We also feel like that it is important utes. For You, O Lord God, give strength to note that this plan would run over Mr. MCNULTY. Mr. Speaker, the and power to Your people, both now that tenderly held principle of one per- President is going to come here tonight and forever. Amen. son, one vote. The average congres- and by all indications he is going to sional district has approximately call for a new era of cooperation. I hope f 650,000 people. Mine in Tennessee has a that comes to pass. But that is not his THE JOURNAL little bit more than that. We know record. On Iraq, he continues to ignore The SPEAKER. The Chair has exam- that Speaker PELOSI’s has 640,000 peo- the American people, both parties in ined the Journal of the last day’s pro- ple. But we also know that American this Congress, and even his own gen- ceedings and announces to the House Samoa has 57,000 people, the Virgin Is- erals. And our troops continue to suffer her approval thereof. lands 108,000, and Guam 155,000. So the the consequences. Pursuant to clause 1, rule I, the Jour- Delegates that represent those num- On energy policy, I have been in this nal stands approved. bers of individuals could vote to raise chamber for the last several years your taxes, but—and this is another when the President has spoken, I be- f point that concerned my constitu- lieve eloquently, about the need to de- ents—they would not have to pay velop alternative sources of energy. PLEDGE OF ALLEGIANCE them. So their Delegates can vote to Then he gave huge multibillion-dollar The SPEAKER. Will the gentleman raise the taxes of my constituents in tax cuts to the oil companies. from Oregon (Mr. WALDEN) come for- Tennessee but those Delegates’ con- Health insurance is also a subject he ward and lead the House in the Pledge stituents wouldn’t have to be paying is going to address tonight. In the of Allegiance. the taxes. They get benefits, they want words of former Governor Al Smith of Mr. WALDEN of Oregon led the a vote, they want to use that money. New York, ‘‘Let’s look at the record.’’ Pledge of Allegiance as follows: They are just not having to pay the When this President took office, there taxes. I pledge allegiance to the Flag of the were 39 million people uninsured in United States of America, and to the Repub- Now, Mr. Speaker, I do believe that this country. Today that number is 47 lic for which it stands, one nation under God, this is something that many people indivisible, with liberty and justice for all. would say, well, if we’re going to have million, up by 8 million people. We’re equity under the law, if they’re not going in the wrong direction. f Mr. Speaker, I hope that in the year going to have to pay though those MESSAGE FROM THE SENATE taxes, if they’re going to have a Con- 2007, from the White House and from gressman for 57,000 people and they this administration, we get less talk A message from the Senate by Ms. have their vote for 57,000 or 108,000 or and more action. Curtis, one of its clerks, announced 155,000, then why don’t we just change f that the Senate has passed with an the rules for everybody? The answer to amendment in which the concurrence that, Mr. Speaker, we know is because RECESS of the House is requested, a concurrent this Constitution means something. The SPEAKER pro tempore. Pursu- resolution of the House of the following This is a Nation of laws. It is a Nation ant to clause 12(a) of rule I, the Chair title: that is built on the rule of law. And to declares the House in recess until noon H. Con. Res. 38. Concurrent resolution pro- give Delegates the right to vote is in- today. viding for a joint session of Congress to re- appropriate. It is a circumvention of Accordingly (at 11 o’clock and 18 ceive a message from the President. our law. It is a violation of our Con- minutes a.m.), the House stood in re- The message also announced that stitution. cess until noon. pursuant to section 8002 of title 26,

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.008 H23JAPT1 ccoleman on PROD1PC61 with HOUSE January 23, 2007 CONGRESSIONAL RECORD — HOUSE H843 United States Code, the Chair, on be- It is my sincere hope that the Turk- schools remaining competitive with half of the Committee on Finance, an- ish Government uses this tragedy to urban schools or not.’’ nounces the designation of the fol- revisit its laws and open up to free Grant County Commissioner Boyd lowing Senators as members of the speech. The laws themselves are a cata- Britton says, ‘‘If the Federal Govern- Joint Committee on Taxation: lyst for this type of intolerance. ment would simply allow us to manage The Senator from Montana (Mr. BAU- f these natural resources, we would not CUS). need these funds. However, losing these The Senator from West Virginia (Mr. STATE OF UNION ADDRESS PRO- funds will be felt by every man, woman VIDES OPPORTUNITY TO BEGIN ROCKEFELLER). and child in the county, especially the The Senator from North Dakota (Mr. WORKING IN BIPARTISAN FASH- school children.’’ ION CONRAD). My colleagues, Congress needs to The Senator from Iowa (Mr. GRASS- (Mr. BRALEY of Iowa asked and was pass H.R. 17 and keep the Federal Gov- LEY). given permission to address the House ernment’s word to timbered commu- The Senator from Utah (Mr. HATCH). for 1 minute.) nities and the citizens who live there. f Mr. BRALEY of Iowa. Madam Speak- Time is running out for them. er, last November the American people f PRESIDENT NEEDS TO GET SERI- demanded real results to improve their OUS ABOUT ADDRESSING NA- everyday lives and strengthen middle- TIME TO GET TO THE PEOPLE’S TION’S HEALTH CARE NEEDS class families. Tonight President Bush AGENDA (Mr. SIRES asked and was given per- has the opportunity to change course (Ms. EDDIE BERNICE JOHNSON of mission to address the House for 1 and work in a bipartisan way to deliver Texas asked and was given permission minute.) results for America’s families. to address the House for 1 minute.) Mr. SIRES. Madam Speaker, the sky- The new Democratic Congress has Ms. EDDIE BERNICE JOHNSON of rocketing price of health care con- not waited for the President to ask. In Texas. Madam Speaker, President Bush tinues to be a major concern for mil- our first 100 hours, this House has al- will deliver his State of the Union Ad- lions of Americans. Skyrocketing costs ready succeeded in passing legislation dress tonight. The American people are causing the number of uninsured to raise the minimum wage, expand have been very clear in what they Americans to increase by 1 million peo- Federal funding for stem cell research, want. They want a change in the tone, ple every year since the President took implement the recommendations of the they want a change in direction in office. bipartisan 9/11 Commission, require ne- Iraq, and they want our national prior- Last year, during his State of the gotiation for lower prescription drug ities to focus on helping families. Union Address, the President promised costs, make college more affordable The President should use this oppor- his administration would ‘‘confront the and end subsidies for Big Oil to invest tunity to answer some questions. I rising cost of health care, strengthen in clean, renewable energy. know my constituents would like to the doctor-patient relationship, and Tonight I would hope that the Presi- hear three things from the State of the help people afford the insurance cov- dent would voice support for these pop- Union: One, how is the President going erage they need.’’ The President did ular bills. After all, they received to work with Congress to really fix this not live up to his promise. strong bipartisan support here in the country’s broken health care system; Madam Speaker, the President can House. On average, 67 Republicans sup- two, how is the President going to no longer afford to provide lip service ported each of these bills. bring our troops home swiftly and safe- on health care. The proposal that the The Democratic Congress looks for- ly; and, three, when is the President President will unveil tonight will do ward to working with the President to really going to return to the domestic nothing to lower health care costs, nor take America in a new direction, but in priorities. will it provide health insurance to order to do that, the President needs to The Democratically controlled House more Americans. He should reject this realize that he cannot continue down and Senate are ready for him to change proposal and instead work with this the same road he has traveled for the his agenda, change his tone and get to Democratic Congress to help come up last 6 years. We will see tonight if he the people’s agenda. So tonight we hear with real health care solutions. has learned that lesson. from our President. f f f CONDEMNING THE BRUTAL CONGRESS NEEDS TO PASS THE CONGRESS AND AMERICA MUST MURDER OF HRANT DINK SECURE RURAL SCHOOLS AND BACK AMERICAN TROOPS (Mr. ROYCE asked and was given per- COMMUNITY SELF-DETERMINA- (Mr. SAM JOHNSON of Texas asked mission to address the House for 1 TION ACT and was given permission to address minute.) (Mr. WALDEN of Oregon asked and the House for 1 minute.) Mr. ROYCE. Madam Speaker, I rise was given permission to address the Mr. SAM JOHNSON of Texas. Madam to condemn the brutal murder of news- House for 1 minute.) Speaker, I filed a bill to support our paper editor and leading figure in the Mr. WALDEN of Oregon. Madam troops in harm’s way, and I rise in sup- Armenian genocide debate in Turkey, Speaker, the failure of Congress to re- port of them, and in support of this Hrant Dink. authorize the Secure Rural Schools and country and this Congress backing our Last Friday freedom of speech suf- Community Self-Determination Act brave men and women in uniform 100 fered a setback as Dink was shot three amounts to breach of faith to the more percent. times in the head in broad daylight than 600 forested counties across Amer- I fear what all the talk of Wash- outside of his office. As a Turkish cit- ica. ington about pulling funding for our izen of Armenian descent, he had For Grant County, Oregon, where 61 troops is going to do to the privates gained notoriety in Turkish society for percent of the land in the county is and sergeants stationed in Camp Blue the court cases brought against him, in Federal, this means the school district Diamond, think about it, for the next which he faced jail time for simply will now be forced to eliminate essen- 11 months. talking of that genocide. Nationalists tial school programs and nearly double We are elected to protect our men see such statements, they say, as in- class sizes, delay school repairs and and women in uniform, just as they sults to the honor of Turks. begin telling teachers, administrators protect our freedoms every day. Our Well, Dink was mourned worldwide, and staff who gets to stay and who has guys are fighting for America. They and journalists like him and Nobel to go. are fighting for you and me. Laureate Orhan Pamuk continue to be School Superintendent Newell Cleav- All this talk of doom and gloom persecuted by suppressive laws that er puts it this way: ‘‘We are watching hurts mission success and stifles troop seek to stifle discussion on matters our infrastructure being destroyed as morale. It is imperative our Nation that are claimed to be insulting to this issue is debated in Congress. This backs our troops to the hilt. As long as Turkish identity. program is the difference between rural we deploy men and women across the

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JA7.002 H23JAPT1 ccoleman on PROD1PC61 with HOUSE H844 CONGRESSIONAL RECORD — HOUSE January 23, 2007 globe, we will never, ever leave a mem- support, nor can we let their families Good thing that commander pressed ber of our military in harm’s way with- doubt the support of this Congress. on and won the war. He said to those out support. That is our Congress’s re- So I rise in support and encourage all skeptics and cynics in Congress, ‘‘We sponsibility. of my colleagues to support H.R. 511, to should never despair. Our situation be- Our troops are not the enemy. They say to the men and women and our fore has been unpromising, and has deserve our full support, and that is troops, thank you, God bless you, and changed for the better. So it will why I hope folks will cosponsor my bill we will support you. again.’’ The war was the War for Inde- to support our troops in harm’s way. f pendence, and the Commander in Chief f TIME TO BRING OUR MISSING was George Washington. BUSH TROOP ESCALATION PLAN CHILDREN HOME And that’s just the way it is. IS NOT GOING TO MAKE AMER- (Mr. LAMPSON asked and was given f ICA SAFER permission to address the House for 1 b 1215 (Ms. WATSON asked and was given minute.) PRESIDENT BUSH EXPECTED TO permission to address the House for 1 Mr. LAMPSON. Madam Speaker, SPEAK OUT ABOUT GLOBAL minute.) when I last served in Congress, I made Ms. WATSON. Madam Speaker, in it my mission to discuss missing and WARMING TONIGHT AND NEEDS past State of the Union addresses, the exploited children at every oppor- TO ACT President has promised the American tunity, and I rise today to bring atten- (Mr. PAYNE asked and was given people that he will strengthen Amer- tion to the hundreds of thousands of permission to address the House for 1 ica’s security. Unfortunately, his poli- children who go missing annually and minute and to revise and extend his re- cies have made the world more dan- to the thousands of children who go marks.) gerous and America less safe. Now he missing every day. Mr. PAYNE. Madam Speaker, over wants to escalate the war in Iraq, de- Pedro Maldonado is just one of those the last week, we have heard that spite the overwhelming opposition of children. Pedro is missing from Cam- President Bush is finally going to the American people and many of his den, New Jersey. He is 17 years old and admit tonight what most of us have own generals. was last seen on September 14, last known for many years, that global After years of insisting we ‘‘stay the year. At that time he was 5′11″ and warming is actually occurring and that course’’ in Iraq, the President has fi- weighed 180 pounds. He is biracial, we as a Nation need to take action. nally decided to make a change. Unfor- white and Hispanic, and has black hair Tonight’s expected pronouncement tunately, it is one that puts more and brown eyes. Pedro has a scar above from the President is welcome news, Americans in danger and further com- his right eye and may still be seen in but it does not excuse the administra- promises our security here at home. the local area. He may still be in the tion’s past record on global warming. There is no doubt that the war in Iraq Camden area and is considered ‘‘endan- Over the last 6 years the Bush adminis- was the defining issue during last gered missing.’’ tration has served as a major road- year’s election. Americans overwhelm- Madam Speaker, I ask that anyone block to reversing dangerous warming ingly voted in favor of a change in who is watching this proceeding, espe- trends. The President walked away course, but not the one now proposed cially if they are in New Jersey or New from international efforts to help re- by President Bush. York, take a moment, look at Pedro’s duce the growing danger to our planet, Madam Speaker, tonight President picture to see if you recognize him, and refusing to actually lead on this criti- Bush has a chance to show he has lis- anyone having information should con- cally important issue. tened to the American people, his own tact the National Center for Missing In my home State of New Jersey, we generals, and Democratic and Repub- and Exploited Children at 1–800–THE- are proud of the fact that former Gov- lican Members of Congress. LOST or the Camden City Police De- ernor Richard J. Codey took decisive f partment at 856–757–7400. action over a year ago to strengthen Madam Speaker, it is time we bring our State’s efforts to combat global PLEDGING THE SUPPORT OF CON- our missing children home. GRESS TO UNITED STATES warming by classifying carbon dioxide ARMED FORCES SERVING IN f as an air contaminant. This action HARM’S WAY SUPPORT AMERICAN TROOPS made New Jersey one of the first (Mr. NEUGEBAUER asked and was (Mr. POE asked and was given per- States in the Union to take such a given permission to address the House mission to address the House for 1 step. By contrast, the Bush administra- for 1 minute.) minute.) tion has been in constant denial that Mr. NEUGEBAUER. Madam Speaker, Mr. POE. Madam Speaker, the Amer- environmental dangers to our planet I rise today and I am proud to follow ican soldier has always protected this exist. So, therefore, we hope that the my good friend from Texas, Mr. JOHN- Nation from those seeking to destroy Nation will take this seriously. SON, and support his bill, H.R. 511, to our freedoms. U.S. soldiers go to the f vast plains of combat. These troops say to those men and women across the ANNOUNCEMENT BY THE SPEAKER forge onward into the fires of battle. world that are defending freedom and PRO TEMPORE democracy on our behalf, we will not They ensure generations of Americans let you down; we will support you. that our interests will be protected The SPEAKER pro tempore (Mrs. One of the things that there is a lot around the world. Our volunteers ex- JONES of Ohio). Members should not of debate in this House on and will be pect their government to support traffic the well while another Member is about whether our mission is the them. is speaking. right mission or not. But let there be Now some Members of Congress talk f no mistake that we cannot fail in our of cutting funding to the American sol- FUNDING FOR TROOPS IN IRAQ mission, and we cannot afford for our diers engaged in the desert battles of young men and women to ever doubt Iraq, and they want to pull our soldiers (Mrs. BLACKBURN asked and was that this United States Congress will out a few at a time. This ill-advised po- given permission to address the House support them. litical decision will leave U.S. soldiers for 1 minute and to revise and extend Also, I rise to honor today a great abandoned and at the mercy of an her remarks.) American, Roy Velez, Jr., who will be enemy that will exploit this weakness. Mrs. BLACKBURN. Madam Speaker, my guest tonight for the President’s But this action by Congress is not efforts to cut off funding for our troops State of the Union message. Roy paid new. A previous Congress did not like in harm’s way is really unacceptable the ultimate price for our country in the way a war was going and tried to and would be a devastating message for that he gave two sons to our efforts in change the policy and tried to change us to send to our men and women in Iraq and Afghanistan. the plan. That Congress even com- our Armed Forces, to their families, Madam Speaker, we cannot let our plained about funds for the war and and to the families of our Nation’s fall- men and women have any doubt of our wanted a new leader. en heroes. No one knows this better

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.013 H23JAPT1 ccoleman on PROD1PC61 with HOUSE January 23, 2007 CONGRESSIONAL RECORD — HOUSE H845 than SAM JOHNSON, our colleague from The President has recognized SEVERE WINTER STORMS IN Texas, who is a true American hero; missteps and offered a new direction NEBRASKA and I commend him for introducing and plan for victory. My colleagues on (Mr. SMITH of Nebraska asked and House Resolution 511. I would com- the other side of the aisle have yet to was given permission to address the mend it to every Member of this body address the issue, except to criticize House for 1 minute.) to support. the President’s plan before it has even Mr. SMITH of Nebraska. Madam And I want to say to the Democrats been implemented. It was Leader Speaker, I rise today to address the se- that if they should mean what they say BOEHNER and the Republican Con- rious situation many of my constitu- and do what they mean, they really ference that have called upon the ents are facing. Recently, a series of se- cannot have it both ways on this vote. Speaker to create a select committee vere winter storms and ice storms, To vote to support the troops in the on oversight to hold the President and more specifically, hit Nebraska, leav- field and then not give them the equip- Prime Minister Maliki accountable for ing thousands in the Third District ment and the supplies and the re- progress in Iraq. without power. sources that they need to win is decep- Madam Speaker, I stand here with An expedited major disaster declara- tive, it is dangerous, and it puts the pride and offer my full support to the tion for 57 affected counties in Ne- lives of American servicemen and brave soldiers who are helping foster braska, almost all in the Third Dis- -women at risk. democracy in the Middle East, while, trict, was granted, freeing up Federal The Democrat majority must under- at the same time preventing terrorists funds to assist the utility companies stand the stakes in Iraq. Certainly, our from attacking us on our soil. So many and local governments with the im- constituents understand the stakes Members pledged ‘‘We will never for- mense recovery efforts. that are there, both in the terms of get.’’ Well, that is a promise I made Due to the severity of the storms, human life and global stability. and intend to fulfill. thousands of constituents were without I would commend H.R. 511 to our col- To our troops, thank you for your power for days and even weeks. They leagues for support. dedication, bravery and noble work to lost wages, food spoiled and expenses f make the world and America a better began piling up. place, following in the footsteps of so PRESIDENT BUSH MUST BEGIN During these trying weeks, neigh- many American heroes. MOVING IN A NEW DIRECTION bors, families, friends and strangers I commend Congressman SAM JOHN- have worked together to aid and assist (Mr. CARNAHAN asked and was SON, an American hero, and urge sup- those in need. Donations were made. given permission to address the House port of H.R. 511. Generators, gas, food and shelter have for 1 minute.) poured in to assist those suffering from Mr. CARNAHAN. Madam Speaker, f last November the American people de- the effects of the storm. manded dramatic changes and provided Utility linemen have been working THE PRESIDENT SHOULD LISTEN a substantial Democratic majority. long hours and even volunteering to re- TO THE AMERICAN PEOPLE Since the election, President Bush has pair the shattered grid system. yet to show he got the message. (Mr. MAHONEY of Florida asked and This difficult time has brought about While an overwhelming majority of was given permission to address the great personal sacrifice for many Ne- Americans are demanding that the House for 1 minute.) braskans, and I strongly commend the Iraqi Government take more control, Mr. MAHONEY of Florida. Madam volunteers and donors who have come the President has, instead, proposed an Speaker, I am here today representing to the aid of those in need. escalation plan that flies in the face of Florida’s 16th District. Tonight we will I urge my colleagues in the House, military experts, the bipartisan Iraq listen to the President with the expec- whether or not your district has been Study Group, Democrat and Repub- tation that he will listen to the Amer- hurt, to remember these folks as we lican leaders in Congress and the ican people. take up tax issues, the AMT and the American public. Our Nation is facing some of the farm bill. While the President continues his greatest challenges of our time. From f failure to listen when it comes to Iraq, the war in Iraq, to global terrorism, to ENERGY I hope tonight he will actually propose ending the addiction to foreign oil, the some helpful solutions to some of the stakes are high and getting higher. (Mr. PERLMUTTER asked and was most pressing concerns of hardworking Americans understand the urgency of given permission to address the House middle-class Americans like those I our challenges. It is time for the Presi- for 1 minute.) represent in the State of Missouri. dent to step up to the plate and offer Mr. PERLMUTTER. Madam Speaker This Democratic House has already real solutions that put America on the and Members of the House, tonight we produced positive results for the Amer- path to success and security. will hear the President give his State ican people, passing our promised 100- I hope the President will offer a new of the Union address, and I expect and hour agenda. I hope the President em- strategy to win the war in Iraq and I am confident that he will address en- braces these policies tonight and shows that that strategy will use diplomacy ergy issues. the American people that he has heard as its cornerstone, not troop esca- I had a meeting this morning with an their discontent and plans to work lation. Let me be clear. I am com- Assistant Secretary from the Depart- with the Democratic Congress that the mitted to supporting our brave men ment of Energy, and I believe that we American people chose to take us in a and women in uniform, but do not be- are going to have a chance to have bi- new direction. lieve their role should be policing a partisan effort, Democrats and Repub- f civil war. licans, coming together with the Presi- We need to turn our energy crisis dent to deal with energy efficiency, re- SUPPORT FOR OUR TROOPS into an opportunity by investing in do- newable energy, and redeveloping and (Ms. FOXX asked and was given per- mestic production of biofuels and alter- re-energizing our distribution grid mission to address the House for 1 native and renewable energies. Last throughout the country. This is going minute.) year the President called for an end to to be good for all of America, no mat- Ms. FOXX. Madam Speaker, I rise America’s addiction to oil. And one ter what side of the aisle you might be today in full support of our troops and week later, he cut funding for the de- on, because it is good for national secu- H.R. 511, legislation reaffirming velopment of alternative fuels and en- rity. It is good for the climate, and it Congress’s support for the troops de- ergy-efficient technologies. Instead of is good for jobs across this country. ployed in a theater of war. Those over- rhetoric, we need results. In the Seventh Congressional Dis- seas protecting us from further ter- I ask the President to listen to the trict of Colorado, which I represent, rorist attacks and fighting nobly on American people, to the message they the suburbs of Denver, we have the pre- the Global War on Terror deserve our sent last November. Our children de- eminent laboratory in America and in steadfast support. pend on it. the world in the National Renewable

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.015 H23JAPT1 ccoleman on PROD1PC61 with HOUSE H846 CONGRESSIONAL RECORD — HOUSE January 23, 2007 Energy Lab. And with this focus on en- sional districts around the country, vide enough of an incentive for unin- ergy conservation, renewable energy Americans want our troops home. sured workers to sign up. and distributing energy in a way that Mr. President, end this war in Iraq. At the same time, the Bush adminis- is reliable, we will make this country Redeploy our troops now. We need our tration falsely believes they can begin more secure. And I am confident that domestic tranquility. to target the cost of health care pre- the President is going to focus on it, as f miums by taxing employee-based will we in the Congress. health benefits. This is nothing more f ANNOUNCEMENT BY THE SPEAKER than a tax increase on middle-class PRO TEMPORE workers who have been lucky enough FUNDING FOR OUR TROOPS The SPEAKER pro tempore. Mem- to secure good benefits through their (Mr. HENSARLING asked and was bers are reminded to address their re- job. Quality health benefits provided given permission to address the House marks to the Chair. by employers should be the norm; and for 1 minute and to revise and extend as policymakers, we should not dis- his remarks.) f courage it. Mr. HENSARLING. Madam Speaker, SUPPORT OUR TROOPS The President’s proposal is a non- efforts to cut off funding for our troops starter for me, Madam Speaker. But I (Mr. KINGSTON asked and was given in harm’s way is simply unacceptable. am hopeful that I can work with the permission to address the House for 1 It would be a devastating message to Bush administration to begin to solve minute.) the brave men and women who serve in some of our health care problems. Mr. KINGSTON. Madam Speaker, I our Armed Forces, their families and wanted to speak today about the de- f the families of our Nation’s fallen he- bate on the war. And I have the honor roes. No one knows this better than b 1230 of representing Fort Stewart, home of SAM JOHNSON, a true American hero, IN SUPPORT OF H.R. 511 the Third Infantry Division, which is and I commend him on introducing located in Hinesville and Savannah, (Mr. GARRETT of New Jersey asked H.R. 511. Georgia. and was given permission to address It is time for the Democrats to say the House for 1 minute.) what they mean and mean what they This month the Third Infantry will start its third deployment to Iraq. And Mr. GARRETT of New Jersey. say. They can’t have it both ways. To Madam Speaker, I rise to associate my- vote to support troops in the field and as they go over there, certainly they know what is going on in Washington self today with the words of my col- then vote not to give them the re- league, Mr. SAM JOHNSON from Texas, a sources needed to win can be deceptive, in terms of the debate. But I think it is real important that we don’t send a Member who can probably speak more dangerous, and could put the lives of eloquently than any Member of Con- American servicemen and -women at signal to our men and women in harm’s way that what they are doing is irrele- gress on the loneliness, the separation, even greater risk. the uncertainty that is war, and the If the Democrat majority does not vant, that we can’t win, and that be- cause Bush might be a President whose need to know for such soldiers that the support the President’s plan, they are Nation is behind them and supports in the majority, they need to put forth policies aren’t perfect that we need to withdraw. them. their plan that is in the interest of the I have had the honor to travel and In fact, I think what we should do is American people, and they must also visit our troops in Iraq, and I have had reaffirm on a bipartisan basis that we reflect upon the cost of failure. They the opportunity to visit the troops support the troops. We want to get must understand how high the stakes when they have returned. And in each them all the up-armored vehicles that are in Iraq, both in terms of human life and every one of them, I have seen they need, the Cougars, for example, and global stability. Our failure in Iraq their commitment and determination blue tracking, the advanced night vi- could cause the nation to become what to the completion of their mission. sion goggles. We should say on a bipar- Afghanistan once was, a breeding I have also had the opportunity to be tisan basis, we want to give them abso- ground for terrorists. Let’s work to- with parents who have lost a son or lutely all the military hardware that gether and find freedom and security in daughter in the war, to look them in they need to win the war. And then, in Iraq. the eye and to hug them during that a separate debate, have the discussion time, and to be with other parents who f of what an alternative is, where is the were about to see their son and daugh- THE STATE OF THE UNION plan of the Bush critics and what is the ter go off to war, and to be with them price of pulling out. And I think we (Ms. CLARKE asked and was given during those uncertain times. permission to address the House for 1 need to make that statement. And I am Madam Speaker, at this point in minute.) glad SAM JOHNSON is moving in that di- time, this Nation and this Congress Ms. CLARKE. Madam Speaker and rection. must double its commitment to our my colleagues, the State of the Union? f troops to make sure that they know Mr. President, we are on edge. The HEALTH CARE IN AMERICA that we are behind them and support American public have said no to the them for their eventual and soon safe war in Iraq and you have turned a deaf (Mr. PALLONE asked and was given return to their families. permission to address the House for 1 ear to this American admonition. f What does a troop escalation mean to minute.) American families? Mr. PALLONE. Madam Speaker, we STATE OF THE UNION DOES NOT More of our women and men, sons must seriously begin to address the SUPPORT THE HISPANIC COMMU- and daughters, brothers and sister, problem of the Nation’s uninsured and NITY neighbors and friends will lose their the skyrocketing price of health insur- (Mr. BACA asked and was given per- lives or the life of someone they love, ance. mission to address the House for 1 more families, such as the family of Unfortunately, the plan the Presi- minute.) Operations Specialist Joseph Alomar, dent is expected to outline tonight will Mr. BACA. Madam Speaker, tonight who gave his life in honor just this past do nothing to cut down on the number the President will give the State of the week, and LCpl Nicholas Whyte, who of uninsured because a tax deduction Union Address. For Hispanics, the gave his life this summer. More fami- simply is not going to be enough to State of the Union Address is dis- lies, Mr. President, will be mourning. make insurance affordable to low and appointing. The President has broken More of the American tax dollars will middle-income workers. In most cases, his promise on education and cut fund- be spent on the war, rather than on individual health plans are more ex- ing for programs at the expense of His- building better schools, hospitals, pensive to purchase and provide consid- panic children. He has failed to support roads and bridges. erably less coverage, but the Bush ad- the higher minimum wage, and forced Madam Speaker, in the 11th District ministration is under the false impres- nearly 3 million of our workers to of Brooklyn, New York, and in congres- sion that their tax deduction will pro- struggle to feed their families.

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.016 H23JAPT1 ccoleman on PROD1PC61 with HOUSE January 23, 2007 CONGRESSIONAL RECORD — HOUSE H847 While Hispanics are fighting and SUPPORT H.R. 511 OUR TROOPS NEED TO LEAVE dying in a mistaken war, President (Mr. GOHMERT asked and was given IRAQ Bush still has no plan to make our permission to address the House for 1 (Mr. KUCINICH asked and was given country safer. Even when the country minute.) permission to address the House for 1 has cried for a comprehensive immigra- Mr. GOHMERT. Madam Speaker, I minute and to revise and extend his re- tion reform, the President has failed to rise in support of SAM JOHNSON’s reso- marks.) lead his own party to make the right lution. I visited this fall with a Spe- Mr. KUCINICH. Madam Speaker, so course or take the right course of ac- cialist William Barth at Walter Reed. I what is the state of our Union? It is tion. got this e-mail from his father, and I war. It is neglect of an overt agenda. Last November, Hispanics along with talked to his wife Rachel this morning. The President will come to our country all Americans voted for a new direction They encouraged me to proceed with tonight, and he will give us more war, for America. Thanks to Speaker PELOSI this. 21,500 troops sent to escalate the war in and the Democratic Caucus, half the This is Specialist William Barth. His Iraq, a war that has cost the lives of Hispanic Caucus are now in leadership father said: 650,000 innocent Iraqi civilians. positions. Ya es tiempo para una nueva I wanted to thank you for visiting my son, We need our President to realize that direccion! (It’s time for a new direc- Specialist William Barth, at Walter Reed. it is time to take a new direction, and tion!) William was injured by an IED in Iraq that direction is out of Iraq. It is time f around September 8, 2006. He since has recov- to end the occupation, to withdraw our ered from these injuries and he has been re- troops, to close the bases. It is time for SUPPORT H.R. 511 deployed to Iraq. He is heading there now. us to work with the international com- William is committed to his job and his (Mr. MCHENRY asked and was given fellow soldiers. He could have chosen to stay munity in an overall peace plan, which permission to address the House for 1 stateside; however, he felt the job, his job, I presented to this Congress. The minute.) was not finished. I have another son, Ser- Kucinich plan calls for not only ending Mr. MCHENRY. Madam Speaker, geant Aaron Barth, who is equally com- the occupation, withdrawing troops, today I rise to encourage my col- mitted to the cause of freedom. Aaron has al- closing the bases, but also an inter- leagues to support the troops in harm’s ready served over a year in Iraq and is pre- national peace plan that enables the way. We are fighting an ongoing war on paring to return as well. Iraqi people to have the security they terror not just in Iraq, but around the Mr. Gohmert, my family is behind the need through reconciliations, through President 100 percent. We are committed to globe, and it is immoral for Members of the cause of freedom. Keep up the good work reparations, and through paying for re- this body to defund troops that are in and do not allow anyone to defund the mili- construction. harm’s way. tary. The next time you see the President, The United States must lead the way That is why I commend my colleague let him know that fellow Texans are praying with the international community in a SAM JOHNSON for stepping forward, for for him, for you and for our Nation. plan for peace. The President must a resolution saying that we are not Now, this is support for the troops. take a new direction. going to defund troops in harm’s way, That is what we need to be about, not f that we are going to stand beside them defunding these guys fighting for us. PROVIDING FOR A JOINT SESSION and fight with them in this war on ter- f OF CONGRESS TO RECEIVE A rorism and this war in Iraq, because, MESSAGE FROM THE PRESIDENT after all, terror is merely a tactic that SUPPORT H.R. 511 Islamic extremists are using to fight (Mr. PRICE of Georgia asked and was The SPEAKER pro tempore (Mrs. the West. given permission to address the House JONES of Ohio). The Chair lays before As one of the last great powers in for 1 minute.) the House a privileged Senate amend- this world, we are the embodiment of Mr. PRICE of Georgia. Madam ment to the concurrent resolution (H. the West. Therefore the Islamic ex- Speaker, I am pleased to rise today in Con. Res. 38) providing for a joint ses- tremists are seeking to destroy and un- support of H.R. 511 introduced by Mr. sion of Congress to receive a message from the President. dermine our society. So now more than SAM JOHNSON of Texas, which says that ever we have to stand with our troops we ought to pledge the faithful support The Clerk read the title of the con- in harm’s way so that they can defend of Congress to members of the United current resolution. us and make it possible for us to live in States Armed Forces serving in harm’s The SPEAKER pro tempore. The a vibrant, free Nation and a great econ- way. Clerk will report the Senate amend- omy. Madam Speaker, there are a lot of ment. The Clerk read as follows: f things we can disagree on on this floor of the House, but cutting funding for Senate amendment: SUPPORT H.R. 511 our troops ought not be one of them. Page 1, line 3, strike out ‘‘Wednesday’’ and insert ‘‘Tuesday’’. (Mrs. BACHMANN asked and was As many others have done, I have also given permission to address the House visited Walter Reed and talked to the The Senate amendment was con- for 1 minute.) brave men and women who have served curred in. Mrs. BACHMANN. Madam Speaker, I there, not just from my district, from A motion to reconsider was laid on rise today to let all of our troops serv- my State and around the Nation. And the table. ing overseas know that America sup- when I ask them, is there anything f ports you. Eliminating or cutting fund- that we can do for you, the vast major- PROVIDING FOR AN ing for our men and women who wear ity of them say, Congressman, just let ADJOURNMENT OF THE HOUSE the uniform of the United States is not me get back to my unit. Mr. FRANK of Massachusetts. a recipe for ensuring stability in the Madam Speaker, that sense of duty, Madam Speaker, I send to the desk a Middle East; in fact, it is a recipe for that sense of honor, that sense of com- privileged concurrent resolution (H. demoralization, and it is irresponsible mitment and that sense of patriotism Con. Res. 41) and ask for its immediate in its proposal. I urge all Members to is something we in Congress would do consideration. support our troops and oppose any ef- well to emulate. This resolution says The Clerk read the concurrent reso- fort to cut off or restrict funding for that members of the United States lution, as follows: American troops in harm’s way, wheth- Armed Forces have served honorably in er in Iraq, in Afghanistan, or elsewhere their mission to fight terrorism and H. CON. RES. 41 in the global war on terror. protect the greater security of the Resolved by the House of Representatives (the It is imperative that we fully support United States, that these members of Senate concurring), That when the House ad- journs on the legislative day of Wednesday, those who are on the front lines fight- the Armed Forces and their families January 24, 2007, on a motion offered pursu- ing the war on terror. America thanks have made many sacrifices. This reso- ant to this concurrent resolution by its Ma- you, our brave men and women in uni- lution, Madam Speaker, deserves our jority Leader or his designee, it stand ad- form. support. journed until 2 p.m. on Monday, January 29,

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.019 H23JAPT1 ccoleman on PROD1PC61 with HOUSE H848 CONGRESSIONAL RECORD — HOUSE January 23, 2007 2007, or until the time of any reassembly pur- value to ongoing efforts of law enforcement ‘‘(B) has maintained a deposit account suant to section 2 of this concurrent resolu- agencies, financial regulatory agencies, and with the depository institution for at least tion, whichever occurs first; and that when the financial services industry to inves- 12 months; and the House adjourns on the legislative day of tigate, detect, or deter financial crimes ‘‘(C) has engaged, using such account, in Wednesday, January 31, 2007, on a motion of- would continue to fulfill the compelling need multiple currency transactions that are sub- fered pursuant to this concurrent resolution to produce and provide meaningful informa- ject to the reporting requirements of sub- by its Majority Leader or his designee, it tion to policy-makers, financial regulators, section (a). stand adjourned until 2 p.m. on Monday, law enforcement, and intelligence agencies, ‘‘(3) REGULATIONS.— February 5, 2007, or until the time of any re- while potentially lowering the compliance ‘‘(A) IN GENERAL.—The Secretary of the assembly pursuant to section 2 of this con- burden placed on financial institutions by Treasury shall prescribe regulations requir- current resolution, whichever occurs first. the need to file such reports. ing a depository institution to file a 1-time SEC. 2. The Speaker or her designee, after (5) The Secretary of the Treasury has by notice of designation of exemption for each consultation with the Minority Leader, shall regulation, and in accordance with section qualified customer of the depository institu- notify the Members to reassemble at such 5313 of title 31, United States Code, imple- tion. place and time as she may designate if, in mented a process by which institutions may ‘‘(B) FORM AND CONTENT OF EXEMPTION NO- her opinion, the public interest shall warrant seek exemptions from filing certain currency TICE.—The Secretary shall by regulation pre- it. transaction reports based on appropriate cir- scribe the form, manner, content, and timing cumstances; however, the financial industry of the qualified customer exemption notice The concurrent resolution was agreed has not taken full advantage of these provi- to. and such notice shall include information sions and has contended that they are un- sufficient to identify the qualified customer A motion to reconsider was laid on duly burdensome. and the accounts of the customer. the table. (6) The act of providing notice to the Sec- ‘‘(C) AUTHORITY OF SECRETARY.— retary of the Treasury of designations of ex- f ‘‘(i) IN GENERAL.—The Secretary may sus- emption— pend, reject, or revoke any qualified cus- ANNOUNCEMENT BY THE SPEAKER (A) provides meaningful information to tomer exemption notice, in accordance with PRO TEMPORE law enforcement officials on exempt cus- criteria prescribed by the Secretary by regu- tomers and enables law enforcement to ob- lation. The SPEAKER pro tempore. Pursu- tain account information through appro- ‘‘(ii) CONDITIONS.—The Secretary may es- ant to clause 8 of rule XX, the Chair priate legal process; and tablish conditions, in accordance with cri- will postpone further proceedings (B) complements other sections of title 31, teria prescribed by regulation, under which today on motions to suspend the rules United States Code, whereby law enforce- exempt qualified customers of an insured de- on which a recorded vote or the yeas ment can locate financial institutions with pository institution that is merged with or relevant records relating to a person of in- and nays are ordered, or on which the acquired by another insured depository insti- vestigative interest, such as information re- tution will continue to be treated as des- vote is objected to under clause 6 of quests made pursuant to regulations imple- rule XX. ignated exempt qualified customers of the menting section 314(a) of the USA PATRIOT surviving or acquiring institution.’’. Record votes on postponed questions Act of 2001. (c) 3-YEAR REVIEW AND REPORT.—Before will be taken later today. (7) A designation of exemption has no ef- the end of the 3-year period beginning on the fect on requirements for depository institu- f date of the enactment of this Act, the Sec- tions to apply the full range of anti-money retary of the Treasury, in consultation with SEASONED CUSTOMER CTR laundering controls required under sub- the Attorney General, the Secretary of chapter II of chapter 53 of title 31, United EXEMPTION ACT OF 2007 Homeland Security, the Federal banking States Code, and related provisions of law, agencies, the banking industry, and such Mr. FRANK of Massachusetts. including the requirement to apply the cus- other persons as the Secretary deems appro- Madam Speaker, I move to suspend the tomer identification program pursuant to priate, shall evaluate the operations and ef- rules and pass the bill (H.R. 323) to section 5326 of such title, and the require- fect of the provisions of the amendment amend section 5313 of title 31, United ment to identify, monitor, and, if appro- made by subsection (a) and make rec- priate, report suspicious activity in accord- States Code, to reform certain require- ommendations to Congress as to any legisla- ance with section 5318(g) of such title. tive action with respect to such provision as ments for reporting cash transactions, (8) The Federal banking agencies and the the Secretary may determine to be appro- and for other purposes. Financial Crimes Enforcement Network have priate. The Clerk read as follows: recently provided guidance through the Fed- SEC. 3. PERIODIC REVIEW OF REPORTING H.R. 323 eral Financial Institutions Examination THRESHOLD AND ADJUSTMENT FOR Council Bank Secrecy Act/Anti-Money Laun- INFLATION. Be it enacted by the Senate and House of Rep- dering Examination Manual on applying ap- Section 5318 of title 31, United States Code, resentatives of the United States of America in propriate levels of due diligence and identi- is amended by adding at the end the fol- Congress assembled, fying suspicious activity by the types of lowing new subsection: SECTION 1. SHORT TITLE. cash-intensive businesses that generally will ‘‘(o) PERIODIC REVIEW OF REPORTING This Act may be cited as the ‘‘Seasoned be subject to exemption. THRESHOLD AND ADJUSTMENT FOR INFLA- Customer CTR Exemption Act of 2007’’. (b) SEASONED CUSTOMER EXEMPTION.—Sec- TION.— SEC. 2. EXCEPTION FROM CURRENCY TRANS- tion 5313(e) of title 31, United States Code, is ‘‘(1) IN GENERAL.—Before the end of the 90- ACTION REPORTS FOR SEASONED amended to read as follows: day period beginning on the date of the en- CUSTOMERS. ‘‘(e) QUALIFIED CUSTOMER EXEMPTION.— actment of the Seasoned Customer CTR Ex- (a) FINDINGS.—The Congress finds as fol- ‘‘(1) IN GENERAL.—Before the end of the 270- emption Act of 2007 and at least every 5 lows: day period beginning on the date of the en- years after the end of such period, the Sec- (1) The completion of and filing of cur- actment of the Seasoned Customer CTR Ex- retary of the Treasury shall— rency transaction reports under section 5313 emption Act of 2007, the Secretary of the ‘‘(A) review the continuing appropriate- of title 31, United States Code, poses a com- Treasury shall prescribe regulations that ex- ness, relevance, and utility of each threshold pliance burden on the financial industry. empt any depository institution from filing a amount or denomination established by the (2) Due to the nature of the transactions or report pursuant to this section in a trans- Secretary, in the Secretary’s discretion, for the persons and entities conducting such action for the payment, receipt, or transfer any report required by the Secretary under transactions, some reports as currently filed of United States coins or currency (or other this subchapter; and may not be relevant to the detection, deter- monetary instruments the Secretary of the ‘‘(B) adjust each such amount, at such rence, or investigation of financial crimes, Treasury prescribes) with a qualified cus- time and in such manner as the Secretary including money laundering and the financ- tomer of the depository institution. considers appropriate, for any inflation that ing of terrorism. ‘‘(2) QUALIFIED CUSTOMER DEFINED.—For the Secretary determines has occurred since (3) However, the data contained in such re- purposes of this section, the term ‘qualified the date any such amount was established or ports can provide valuable context for the customer’, with respect to a depository insti- last adjusted, as the case may be. analysis of other data derived pursuant to tution, has such meaning as the Secretary of ‘‘(2) REPORT.—Before the end of the 60-day subchapter II of chapter 53 of title 31, United the Treasury shall prescribe, which shall in- period beginning upon the completion of any States Code, as well as investigative data, clude any person that— review by the Secretary of the Treasury which provide invaluable and indispensable ‘‘(A) is incorporated or organized under the under paragraph (1), the Secretary shall sub- information supporting efforts to combat laws of the United States or any State, in- mit a report to the Congress containing the money laundering and other financial cluding a sole proprietorship (as defined in 31 findings and conclusions of the Secretary in crimes. C.F.R. 103.22(d)(6)(vii), as in effect on Janu- connection with such review, together with (4) An appropriate exemption process from ary 4, 2007), or is registered as and eligible to an explanation for any adjustment, or lack the reporting requirements for certain cur- do business within the United States or a of adjustment, of any threshold amount or rency transactions that are of little or no State; denomination by the Secretary as a result of

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JA7.004 H23JAPT1 ccoleman on PROD1PC61 with HOUSE January 23, 2007 CONGRESSIONAL RECORD — HOUSE H849 such review, including the adjustment for in- years. It reduces the regulatory burden threshold which was set in 1970 is so flation.’’. on banks, and it is particularly impor- low in the existing exemption process, The SPEAKER pro tempore. Pursu- tant to small banks. so cumbersome and costly that it is ant to the rule, the gentleman from I would ask at this point, Madam causing banks to repeatedly file CTRs Massachusetts (Mr. FRANK) and the Speaker, under my general leave to in- for many of their known and expected gentleman from Alabama (Mr. BACHUS) clude a letter to myself and the gen- regular business transactions for their each will control 20 minutes. tleman from Alabama from America’s well-known customers. The Chair recognizes the gentleman Community Bankers strongly endors- And it doesn’t matter if that business from Massachusetts. ing this bill. has been a so-called ‘‘seasoned cus- GENERAL LEAVE AMERICA’S COMMUNITY BANKERS tomer’’ for the financial institution for Mr. FRANK of Massachusetts. Washington, DC, January 22, 2007. 5, 10, 15 or even 20 years. Right now it Madam Speaker, I ask unanimous con- Hon. BARNEY FRANK, is simply too difficult for our financial sent that all Members may have 5 leg- Chairman, Financial Services Committee, House institutions to apply for exemptions islative days in which to express them- of Representatives Washington, DC. for our customers that they know are selves on this and to include therein Hon. SPENCER BACHUS Ranking Member, Financial Services Committee, not a risk. So this forces, Madam extraneous material. House of Representatives Washington, DC. Speaker, our financial institutions to The SPEAKER pro tempore. Is there Dear Chairman Frank and Ranking Mem- file CTRs when they know the cus- objection to the request of the gen- ber Bachus: America’s Community Bankers tomer is not a risk just to protect tleman from Massachusetts? is pleased to support H.R. 323, the Seasoned themselves from legal liability or po- There was no objection. Customer CTR Exemption Act of 2007. The tential large fines. Mr. FRANK of Massachusetts. legislation would make important improve- And so when law enforcement is Madam Speaker, I yield myself such ments to the current exemption system for looking for a needle in a haystack, our cash transaction reports (CTRs) by making time as I may consume. financial institutions are being asked Madam Speaker, this is an example it easier to exempt the routine transactions of certain seasoned business customers. H.R. to put more hay on the stack and they of sensible regulation because sensible 323 would more appropriately balance the are being told to pay for it by taking regulation includes deregulation when cost and benefits of the Bank Secrecy Act’s money away from their local commu- that is appropriate. CTR reporting requirements. The legislation nities that otherwise could be used for The Committee on Financial Serv- would also reduce the number of CTRs filed local lending. If the financial institu- ices reported this bill out last year. It on routine transactions of well-known, law tions passed these CTR compliance passed the House. Surprisingly it man- abiding customers. costs on to customers, through higher aged not to make it through the Sen- We urge the full House of Representatives to adopt H.R. 323 and look forward to work- fees or higher interest rates, it makes ate. The efficiency of that body failed it more difficult for American citizens us on this occasion apparently, but we ing with you to enact this important legisla- tion. to save for retirement, finance a child’s are going to try again. While we fully support H.R. 323, we urge college education, or launch a small We believe in regulation, and this is the Committee to modernize the Bank Se- business that creates jobs. an important area where we provide in- crecy Act further by increasing the $10,000 This bill, which I have long sup- formation to our financial detectives, threshold that triggers CTR filing. This ported, will fix this problem by clari- and it is especially important with re- threshold has not been updated since 1970. fying the existing CTRs filing exemp- gard to terrorist financing. Increasing the $10,000 trigger would more ap- tion for seasoned customers. And as a But too much regulation can defeat propriately balance the reporting obligations result of this legislation, when passed, the purpose for which regulation is in- of depository institutions and the informa- a number of the 13 million-plus CTRs tended, and we have a situation now tion needs of law enforcement agencies. Sincerely, filed annually would stop, allowing where the banks are required to report ROBERT R. DAVIS, banks to devote more of their resources every year on customers’ transactions Executive Vice President and Managing to improving other suspicious activity of $10,000 or more. Now, one of the Director, Government Relations. reporting. things this bill would do is give the 1245 Secretary of the Treasury the author- b The fact remains, Madam Speaker, ity to increase a dollar figure that has What this will do is to reduce the pa- when we come across a regulation like been left unadjusted for inflation for perwork burden on the banks; it will this, if we cannot determine a compel- too long. ease the burden on the regulators. It ling reason for it to exist in the mod- More importantly, we are talking will not diminish in any way the flow ern marketplace, we have a duty to ei- now about the exemption that is given of information that is needed for those ther modify it or eliminate it, and that to what we call seasoned customers of whose job it is to keep us safe. is what we are doing today. the bank. When the banks are dealing, Madam Speaker, I reserve the bal- Congress today can help reduce the and this is particularly important for ance of my time. cost of banking for customers without our community bankers, when they are Mr. BACHUS. Madam Speaker, I jeopardizing critical law enforcement dealing with people whom they know, yield 3 minutes to the gentleman from goals. I urge all of my colleagues to with whom they have had regular and Texas (Mr. HENSARLING). support this important bill. continuing relationships, having to re- Mr. HENSARLING. Madam Speaker, Mr. FRANK of Massachusetts. port every time they do a transaction I thank the gentleman for yielding. I Madam Speaker, I reserve the balance of $10,000 or more generates extra work certainly thank him for his leadership of my time. for the bank, and I believe, if anything, in this area to remove some unneeded Mr. BACHUS. Madam Speaker, I interferes with the ability of the regu- regulation on our financial institu- yield 2 minutes to the gentleman from lators to find what they should be tions. I also want to thank our new Ohio (Mr. GILLMOR). looking for. chairman, the gentleman from Massa- Mr. GILLMOR. I thank the gen- If we are telling people to find nee- chusetts, for his steadfast support on tleman for yielding. I would also like dles, we should not set about building this issue as well. to thank my colleagues on the Finan- them bigger haystacks. What this bill Madam Speaker, current Federal reg- cial Services Committee for their dili- says is that where we are talking about ulations require financial institutions gence on this legislation. regular customers, regular seasoned to file a currency transaction report This much-needed regulatory relief customers, they can apply for the ex- with the IRS for any customer trans- provision will help reduce unnecessary emption, which is in the control of the action over $10,000 during a business paperwork for both banks and for their Secretary of the Treasury, with careful day. regulators. And by granting an exemp- criteria. We all know that these CTRs, as they tion from currency transaction report And having received that exemption, are called, are designed to help our requirements for seasoned customers, as long as they remain seasoned cus- Federal law enforcement thwart money this legislation seeks to streamline the tomers of the same bank, that process laundering and other illegal activities; filing of CTRs, which is a critical tool does not have to be repeated every 2 but the problem is that this $10,000 for our law enforcement officials.

VerDate Aug 31 2005 04:17 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JA7.007 H23JAPT1 ccoleman on PROD1PC61 with HOUSE H850 CONGRESSIONAL RECORD — HOUSE January 23, 2007 There is little doubt that our regu- Seasoned Customer CTR Exemption on both sides as a precedent that I hope latory structure has contributed to the Act. will be followed. United States being the model for the I appreciate the work of Chairman Mr. BACHUS. That sounds very good world when it comes to financial serv- FRANK and Ranking Member BACHUS to to me. ices; but without constant attention to introduce this legislation and get it on I do want to thank you for this piece the burdens of outdated rules and regu- the floor quickly in this Congress. of legislation because I think it is both lations, our markets can be weighted The last Congress succeeded in pass- a predictor of the past in that this down by unnecessary costs. ing some much-needed and long over- committee has worked in a bipartisan I am pleased to see that Congress is due regulatory relief for some of our fi- way to do the right thing for both the tackling the issues of the regulatory nancial institutions. Unfortunately, customers of financial services and for burden early in this session, and I look the provisions that originally were the financial services institutions. And forward to working with Chairman passed in this body as related to the I am very optimistic that we will con- FRANK, Chairman MALONEY, and Rank- CTR exemption were not included in tinue to work together. ing Member BACHUS and the other that very important legislation. I am going to yield back the balance members to look for ways to find sen- In passing H.R. 323 today, the House of my time. I have about a five-page sible regulatory relief for our banks, is saying once more that we believe fi- statement that I will spare the body our thrifts, and our credit unions. nancial institutions, their customers having to listen to. Mr. BACHUS. Madam Speaker, I and national security will be better I do want to say this: last year this yield 2 minutes to the gentleman from served by exempting institutions from legislation came up, a similar legisla- New Jersey. filing CTRs for their very qualified and tion to this, both in March and July of Mr. GARRETT of New Jersey. I seasoned customers. last year; so this is basically our third thank the gentleman. Banks in my district have been tell- shot in less than a year. It amends the I, too, rise today in support of H.R. ing me for the past few years that this Bank Secrecy Act; it amends specifi- 323, the Seasoned Customer CTR Ex- legislation is needed. They tell us cally the part of that act dealing with emption Act of 2007, legislation which about the countless staff hours that it currency transaction reports. It does seeks to reduce the regulatory burden takes to file reports for customers that not amend the part dealing with sus- caused by the previous Bank Secrecy they have had relationships with for 20, picious activity reports. They will con- Act and does so by simplifying exemp- 30 and 40 years just to be in compliance tinue to report to the different law en- tions for financial institutions, banks, with the current regulation. forcement agencies. What this will af- for example, in their currency trans- Under H.R. 323, instead of filing a fect is your drug stores, your grocery action reports, their CTRs, on seasoned form every time one of their long- stores, your retail outlets, who every customers. standing seasoned customers comes in day are filing these reports. You know, while well-intentioned with a transaction over $10,000, they It is estimated by the Financial CTRs have imposed a tremendous regu- will file a one-time exemption for that Crimes Enforcement Network that the latory burden on financial institutions customer to be recognized as a sea- cost of these alone is 25 minutes spent without a corresponding increase in soned and qualified customer. I think filing each one of these reports. So this benefit to our efforts to thwart ter- that makes more sense for the Amer- is going to be a tremendous burden rorist attacks, for the most part law ican people. I think it makes more taken away from them. The American enforcement agencies have found these sense to use common sense. Banking Association said that it will reports to be largely useless in the pre- Someone told me recently that the result in a savings of $187 million annu- vention of crimes and terrorist at- District of Columbia geographically is ally. tacks, while banks have found the fil- a 10-square-mile area, some have said I rise in strong support of H.R. 323, The ing costs and regulatory burden they it is a 10-square-mile logic-free envi- Seasoned Customer CTR Exemption Act of create enormous. ronment. Well, we have an opportunity 2007. Currency transaction reports were to overcome that feeling today by H.R. 323, which I introduced with Chairman created to follow any large transaction bringing some logic to the way we han- FRANK, simplifies the process by which finan- through the banking industry to catch dle these cash transactions. cial institutions may be exempted from filing money laundering before it became a I urge my colleagues to support H.R. currency transaction reports, CTRs, for sea- fait accompli, but the provision that 323. Let’s bring some common sense soned customers while still ensuring valuable created them is now outdated. What and logic back into the way govern- information is passed on to law enforcement. was considered a large amount of ment handles national security and Twice last year, legislation similar to H.R. money back in 1970 is hardly so today; recognize that banks and their sea- 323 passed the House overwhelmingly: H.R. in fact, the threshold for filing a CTR soned customers, those relationships 5341, the Seasoned Customer CTR Exemp- is $10,000, which in today’s term is are long-standing and that time would tion Act of 2006 passed the House by voice close to $50,000. be better served in looking at other op- vote last July. In addition, the language was So with the provisions caught in portunities. included in the House-passed version of regu- time, banks are now locked in a situa- Mr. FRANK of Massachusetts. latory relief legislation—H.R. 3505—which tion by which they are filing CTRs for Madam Speaker, I reserve the balance passed the House last March by a vote of many everyday transactions; and be- of my time. 415–2. cause of the frequency of these filings, Mr. BACHUS. Madam Speaker, I H.R. 323 seeks to reduce regulatory burden paper overflows and the actual track- yield to myself such time as I may con- caused by the Bank Secrecy Act. Specifically, ing of criminal activity is severely sume. the legislation requires regulators to promul- hampered. Potentially criminal trans- I want to take this occasion to first gate new regulations and streamline the proc- actions that should be setting all thank Mr. FRANK and congratulate ess by which financial institutions may be ex- alarms with the banks and law enforce- him. I think this is the first piece of empted from filing CTRs for seasoned cus- ment agencies are drowned out in a sea legislation that he is bringing to the tomers. CTRs are required to be filed for cash of paperwork. floor in his capacity as the new chair- transactions of $10,000 and above. This filing This legislation then is a good start man of the Financial Services Com- is required even in the case of seasoned cus- towards helping reduce regulatory bur- mittee. I congratulate you on your ap- tomers—long-time bank customers that rou- dens on our Nation’s banks and finan- pointment to that important position, tinely deal in large volumes of cash, but cial institutions, and I therefore en- Mr. FRANK. whose business dealings are well-enough un- courage all of my colleagues to support Mr. FRANK of Massachusetts. I derstood to rule out the possibility of money this important legislation. thank the gentleman, and if the gen- laundering or the financing of terror. Mr. BACHUS. Madam Speaker, I tleman would yield. The Financial Crimes Enforcement Network, yield 2 minutes to the gentleman from Mr. BACHUS. Yes, I would yield. FinCEN, which administers the Bank Secrecy Texas (Mr. NEUGEBAUER). Mr. FRANK of Massachusetts. I Act, received over 12 million CTRs in 2005. Mr. NEUGEBAUER. Madam Speaker, would certainly recommend the way According to a survey conducted by the I rise today in support of H.R. 323, the this bill is being treated and received Treasury Department, more than 30 percent of

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these CTRs were on recurring customer trans- MOORE, Congressman RENZI, Congresswoman often, these burdensome requirements con- actions that were eligible for exemption for fil- HOOLEY, and Congresswoman MALONEY for all tinue on the books to the detriment of our ing under existing rules. of their work on this legislation. Since this is business community. Congress should con- Unfortunately, the current process by which the first bill that the gentleman from Massa- tinue to work with our business community to a financial institution can exempt seasoned chusetts has brought to the floor in his capac- identity other instances of unnecessary regula- customers is rarely invoked because it is dif- ity as Chairman of the Financial Services tions and requirements so that appropriate ac- ficult to understand, needlessly cumbersome, Committee, I want to congratulate him on his tion can be taken. and subject to redundant renewals. appointment, and tell him that I look forward to Mr. BACHUS. Madam Speaker, I The filing of these superfluous forms im- working with him to build on the record of bi- yield back the balance of my time. poses an unnecessary cost on both the finan- partisan legislative accomplishments that our Mr. FRANK of Massachusetts. cial services industry and the law enforcement Committee has compiled over the past several Madam Speaker, I yield back the bal- community. Congresses. ance of my time. With respect to the financial services indus- Finally, let me also thank Former FinCEN The SPEAKER pro tempore. The try, according to data released last year the Director Fox, who deserves a lot of credit for question is on the motion offered by number of CTRs filed on an annual basis now his work on this issue. I look forward to work- the gentleman from Massachusetts tops 13.1 million. Even FinCEN’s conservative ing with the Senate and the new FinCEN Di- (Mr. FRANK) that the House suspend estimate of around 25 minutes per report for rector to ensure that this important legislation the rules and pass the bill, H.R. 323. filing and recordkeeping indicates the banking is signed into law. The question was taken; and (two- industry as a whole devoted about 5.5 million Ms. HIRONO. Madam Speaker, I rise in thirds being in the affirmative) the staff hours to handling CTRs in 2005. strong support of H.R. 323, the Seasoned rules were suspended and the bill was Based on a survey by the American Bank- Customer CTR Exemption Act. This bill elimi- passed. ers Association, the industry paid around $187 nates a no-longer-necessary regulatory re- A motion to reconsider was laid on million in wages for this staff time. quirement which increases the costs of doing the table. A typical bank with $2 billion of assets filed business for hundreds of financial institutions 1,400 CTRs in 2005. These filings took 583 f and their customers who ultimately bear the staff-hours, with 438 of the staffhours simply REMOVAL OF NAME OF MEMBER cost of this regulation. to report on long-standing customers. AS COSPONSOR OF H.R. 65 With respect to the law enforcement com- H.R. 323 provides long overdue relief for our financial institutions from the requirement Mr. TANNER. Madam Speaker, I ask munity, not only do these superfluous reports unanimous consent that my name be add nothing to its efforts, they actually make of keeping records and filing reports called removed as a cosponsor of H.R. 65. it more difficult for the law enforcement com- Currency Transaction Reports (CTRs) to the Treasury Department for any financial trans- The SPEAKER pro tempore. Is there munity to track suspicious activity by requiring objection to the request of the gen- it to wade through millions of pages of unnec- action valued in excess of $10,000.00. While the original purpose of the regulation, tleman from Tennessee? essary paperwork. There was no objection. The Government Accountability Office, to identify suspected money laundering activi- GAO, the Internal Revenue Service, IRS, and ties, was a commendable tool for Federal f FinCEN have all recommended that the num- prosecutors, its utility has been adequately re- DISTRICT OF COLUMBIA AND ber of CTRs be reduced by 30 to 40 percent placed since 1996 by the filing of Suspicious UNITED STATES TERRITORIES by simply exempting large well-established Activity Reports required by Treasury Depart- CIRCULATING QUARTER DOLLAR customers or so-called seasoned customers. ment’s Financial Crimes Enforcement Net- PROGRAM ACT In 1994, the GAO published a report which work. The CTRs are no longer the primary tool Mr. GUTIERREZ. Madam Speaker, I concluded, based upon an extensive analysis to identify suspected money laundering activi- move to suspend the rules and pass the of CTRs, that the volume of reports could be ties but banks must still file these reports, un- bill (H.R. 392) to provide for a circu- substantially reduced without jeopardizing law less an exemption is given by the Department lating quarter dollar program to honor enforcement priorities. According to that re- to certain ‘‘qualified business customers.’’ The the District of Columbia, the Common- port, in 1993 the IRS, which administers the exemption procedures, however, have been wealth of Puerto Rico, Guam, Amer- CTR program, stated that 30 to 40 percent of found to be difficult to understand, cum- these reports of routine deposits by large, bersome and still required the banks to obtain ican Samoa, the United States Virgin well-established retail businesses have no annual renewals. Islands, and the Commonwealth of the likelihood of identifying potential money laun- This legislation will allow by statute the Northern Mariana Islands, and for dering or other currency violations. Treasury Department to issue regulations that other purposes. William Fox, who headed up FinCEN from would permit depository institutions to apply The Clerk read as follows: 2003 to 2006, testified as follows before our for an exemption from the requirement to file H.R. 392 Committee: CTRs on a ‘‘qualified customer.’’ The bill de- Be it enacted by the Senate and House of Rep- We know that some of the currency trans- fines a qualified customer as any business or- resentatives of the United States of America in action reports filed by financial institutions ganized or incorporated under state or federal Congress assembled, are of little relevance in the investigation of law that has maintained a deposit account SECTION 1. SHORT TITLE. financial crimes. We also know that deposi- with the institution for at least twelve months This Act may be cited as the ‘‘District of tory institutions, especially our community and engaged in multiple currency transactions Columbia and United States Territories Cir- banks, identify the time and expense of fil- culating Quarter Dollar Program Act’’. otherwise subject to the reporting requirement. ing CTRs as the number one regulatory ex- SEC. 2. ISSUANCE OF REDESIGNED QUARTER pense. It is clear that our efforts to encour- An estimated 30 percent of the 12 million DOLLARS HONORING THE DISTRICT age the exemption of routine filings on cer- CTRs received by the Treasury Department OF COLUMBIA AND EACH OF THE tain customers has not brought about the re- were filed on recurring customer transactions TERRITORIES. ductions of filings that were sought. that were eligible for exemption under the cur- Section 5112 of title 31, United States Code, H.R. 323 will reduce the number of CTRs by rent law. This bill will relieve financial institu- is amended by adding at the end the fol- clarifying the exemption process, thereby free- tions of the costly and unnecessary require- lowing new subsection: ‘‘(r) REDESIGN AND ISSUANCE OF CIRCU- ing financial institutions from having to file ment to file CTRs in those instances and allow LATING QUARTER DOLLAR HONORING THE DIS- CTRs for routine cash transactions with their them to file a one-time notice of exemption for TRICT OF COLUMBIA AND EACH OF THE TERRI- long- time customers, i.e. supermarkets, fast each qualified customer. TORIES.— food restaurants or warehouse stores. This will The Department will still be permitted where ‘‘(1) REDESIGN IN 2009.— enable law enforcement to target its resources justified to suspend, reject or revoke such ex- ‘‘(A) IN GENERAL.—Notwithstanding the on CTRs where criminal or terrorist activity is emption notices to assure that it performs its fourth sentence of subsection (d)(1) and sub- suspected. Moreover, under the legislation, legal duties. It also requires the department to section (d)(2) and subject to paragraph (6)(B), banks will still be required to report suspicious report back within 3 years of enactment on the quarter dollar coins issued during 2009, shall have designs on the reverse side selected in transactions engaged in by exempted busi- effects of the bill. accordance with this subsection which are nesses pursuant to the Suspicious Activity Re- This bill is an example of Congress taking emblematic of the District of Columbia and porting regime administered by FinCEN. appropriate action after reviewing a regulatory the territories. Let me close by thanking Chairman FRANK, requirement that made sense when first en- ‘‘(B) FLEXIBILITY WITH REGARD TO PLACE- Congressman HENSARLING, Congressman acted but which no longer is needed. Too MENT OF INSCRIPTIONS.—Notwithstanding

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JA7.005 H23JAPT1 ccoleman on PROD1PC61 with HOUSE H852 CONGRESSIONAL RECORD — HOUSE January 23, 2007 subsection (d)(1), the Secretary may select a the 10-year period referred to in subsection Program Act. I want to thank Chair- design for quarter dollars issued during 2009 (l)(1), subsection (l)(7) shall apply, and this man FRANK, Chairman GUTIERREZ, and in which— subsection shall not apply, with respect to Ranking Member BACHUS for the Fi- ‘‘(i) the inscription described in the second such State. nancial Services Committee’s support sentence of subsection (d)(1) appears on the ‘‘(B) APPLICATION IN EVENT OF INDEPEND- reverse side of any such quarter dollars; and ENCE.—If any territory becomes independent of this legislation and for getting this ‘‘(ii) any inscription described in the third or otherwise ceases to be a territory or pos- important bill to the floor early in the sentence of subsection (d)(1) or the designa- session of the United States before quarter 110th Congress. This is a little bit un- tion of the value of the coin appears on the dollars bearing designs which are emblem- usual that we are doing early, perhaps obverse side of any such quarter dollars. atic of such territory are minted pursuant to early enough to get it done in the Sen- ‘‘(2) SINGLE DISTRICT OR TERRITORY DE- this subsection, this subsection shall cease ate as well. SIGN.—The design on the reverse side of each to apply with respect to such territory. The legislation before us would ex- quarter dollar issued during 2009 shall be em- ‘‘(7) TERRITORY DEFINED.—For purposes of tend the popular 50 State Quarter blematic of one of the following: The District this subsection, the term ‘territory’ means of Columbia, the Commonwealth of Puerto the Commonwealth of Puerto Rico, Guam, project to include coins honoring the Rico, Guam, American Samoa, the United American Samoa, the United States Virgin District of Columbia, the Common- States Virgin Islands, and the Common- Islands, and the Commonwealth of the wealth of Puerto Rico, Guam, Amer- wealth of the Northern Mariana Islands. Northern Mariana Islands.’’. ican Samoa, the United States Virgin ‘‘(3) SELECTION OF DESIGN.— The SPEAKER pro tempore. Pursu- Islands, and the Commonwealth of the ‘‘(A) IN GENERAL.—Each of the 6 designs re- ant to the rule, the gentleman from Il- Northern Mariana Islands. quired under this subsection for quarter dol- Madam Speaker, the 50 State Quarter lars shall be— linois (Mr. GUTIERREZ) and the gen- ‘‘(i) selected by the Secretary after con- tleman from Delaware (Mr. CASTLE) legislation has proven to be a great sultation with— each will control 20 minutes. success. It has reinvigorated coin col- ‘‘(I) the chief executive of the District of The Chair recognizes the gentleman lecting, has become an invaluable edu- Columbia or the territory being honored, or from Illinois. cational tool, and has so far contrib- such other officials or group as the chief ex- GENERAL LEAVE uted close to $6 billion to the United ecutive officer of the District of Columbia or Mr. GUTIERREZ. Madam Speaker, I States Treasury through seiniorage the territory may designate for such pur- and the sale of products to collectors. pose; and ask unanimous consent that all Mem- ‘‘(II) the Commission of Fine Arts; and bers may have 5 legislative days within With an estimated 140 million Ameri- ‘‘(ii) reviewed by the Citizens Coinage Ad- which to revise and extend their re- cans collecting these coins, the State visory Committee. marks on this legislation, and to insert quarters have become the most popular ‘‘(B) SELECTION AND APPROVAL PROCESS.— extraneous material thereon. coin program in the United States’ Designs for quarter dollars may be submitted The SPEAKER pro tempore. Is there Mint history. in accordance with the design selection and Madam Speaker, expanding the pro- approval process developed by the Secretary objection to the request of the gen- tleman from Illinois? gram to include D.C. and the U.S. terri- in the sole discretion of the Secretary. tories will further benefit the taxpayer ‘‘(C) PARTICIPATION.—The Secretary may There was no objection. include participation by District or terri- Mr. GUTIERREZ. Madam Speaker, I and educate Americans about our Com- torial officials, artists from the District of yield myself 3 minutes. monwealth. These coins are integral to Columbia or the territory, engravers of the Madam Speaker, I urge the House the history of our country and educate United States Mint, and members of the gen- pass H.R. 392, a bipartisan bill intro- children and tourists about the Amer- eral public. duced by the distinguished gentlelady ican way of life. This bipartisan legis- ‘‘(D) STANDARDS.—Because it is important from Washington, D.C., Ms. HOLMES lation is supported by the members of that the Nation’s coinage and currency bear the Financial Services Committee and dignified designs of which the citizens of the NORTON. United States can be proud, the Secretary This legislation simply extends the has passed the House in every Congress shall not select any frivolous or inappro- very popular quarter coin bill to honor since the 106th Congress. I am pleased priate design for any quarter dollar minted the District of Columbia, the Common- that we have brought this much-needed under this subsection. wealth of Puerto Rico, Guam, Amer- legislation to the floor today and urge ‘‘(E) PROHIBITION ON CERTAIN REPRESENTA- ican Samoa, the U.S. Virgin Islands, my colleagues on both sides of the aisle TIONS.—No head and shoulders portrait or to join me in supporting the bill. bust of any person, living or dead, and no and the Commonwealth of the North- ern Mariana Islands. Madam Speaker, I reserve the bal- portrait of a living person may be included ance of my time. in the design of any quarter dollar under this b 1300 subsection. Mr. GUTIERREZ. Madam Speaker, I 1 ‘‘(4) TREATMENT AS NUMISMATIC ITEMS.—For We believe that extending the pro- yield 3 ⁄2 minutes to the gentlewoman purposes of sections 5134 and 5136, all coins gram will generate the same cultural from the District of Columbia (Ms. minted under this subsection shall be consid- pride in the District of Columbia and NORTON), who is an effective and tire- ered to be numismatic items. the U.S. territories that is done in less advocate for the people of Wash- ‘‘(5) ISSUANCE.— every State across the Nation. When it ington, D.C., and the author of this ‘‘(A) QUALITY OF COINS.—The Secretary comes to American history and tradi- bill. may mint and issue such number of quarter Ms. NORTON. Madam Speaker, I dollars of each design selected under para- tion, Washington, D.C., is second to graph (4) in uncirculated and proof qualities none, and that is why I am pleased that thank the gentleman from Illinois for as the Secretary determines to be appro- the gentlewoman from the District of yielding and for his early work on this priate. Columbia has introduced this bill. bill, and I certainly thank the gen- ‘‘(B) SILVER COINS.—Notwithstanding sub- Citizens of other territories have tleman from Delaware, who has worked section (b), the Secretary may mint and made similar contributions and sac- on this matter with me, which now this issue such number of quarter dollars of each rifices. They, too, deserve the highest makes the fifth time. Indeed, this is design selected under paragraph (4) as the possible recognition and equality. That the fifth time, and I am grateful that Secretary determines to be appropriate, with is why, in my opinion, extending the the House has been willing to come a content of 90 percent silver and 10 percent copper. quarter program to include the U.S. back time and again, that we will pass ‘‘(C) TIMING AND ORDER OF ISSUANCE.—Coins territories is the least we can do to rec- a bill to afford the five insular areas minted under this subsection honoring the ognize the role that these great peoples and the District of Columbia a quarter District of Columbia and each of the terri- and their cultures played in enriching bearing a design of their choice on the tories shall be issued in equal sequential in- American history. reverse side. Inadvertently these Amer- tervals during 2009 in the following order: Madam Speaker, I reserve the bal- icans were excluded from the 50 State the District of Columbia, the Commonwealth ance of my time. bill affording this same right to the of Puerto Rico, Guam, American Samoa, the Mr. CASTLE. Madam Speaker, I States in 1998. United States Virgin Islands, and the Com- yield myself such time as I may con- We owe very special thanks to suc- monwealth of the Northern Mariana Islands. ‘‘(6) OTHER PROVISIONS.— sume. cessive committee and subcommittee ‘‘(A) APPLICATION IN EVENT OF ADMISSION AS I also rise in support of H.R. 392, the Chairs and ranking members of the Fi- A STATE.—If the District of Columbia or any District of Columbia and United States nancial Services Committee. We espe- territory becomes a State before the end of Territories Circulating Quarter Dollar cially appreciate the new chairman,

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JA7.009 H23JAPT1 ccoleman on PROD1PC61 with HOUSE January 23, 2007 CONGRESSIONAL RECORD — HOUSE H853 BARNEY FRANK, who reached out to us tleman from Puerto Rico (Mr. District of Columbia, the Common- to put this bill for consideration by the FORTUN˜ O). wealth of Puerto Rico, American House on the early suspension cal- Mr. FORTUN˜ O. Madam Speaker, I Samoa, Guam, the Commonwealth of endar. rise today in strong support of H.R. 392, the Northern Mariana Islands, and the Forty States have had their State de- the District of Columbia and United U.S. Virgin Islands is before this body signs on the reverse side of the quarter States Territories Circulating Quarter for passage. with four more States to be added be- Dollar Program Act, of which I am an And I want to thank Chairman fore this year is ended. All the coins original cosponsor. I want to thank FRANK, Ranking Member CASTLE, and are minted according to the year each Chairmen FRANK and GUTIERREZ and my colleagues who have supported this State ratified the Constitution of the Ranking Members CASTLE and BACHUS in the past and our colleague ELEANOR United States or were admitted into for their leadership on this. HOLMES NORTON for her persistence, the Union. This bill, introduced by Congress- which I believe is going to pay off in Although States have appropriate woman ELEANOR HOLMES NORTON, this Congress. The holdup in the past latitude, there are limitations as to whom I commend as well, would finally has been in the other body, but I be- what can be used as a design. Accord- allow the District of Columbia as well lieve we have a commitment to get it ing to the law, the Secretary of Treas- as Puerto Rico, American Samoa, passed this time. ury has the final approval of each de- Guam, the Virgin Islands, and the As often happens in the territories, sign. The law gives clear guidance as to Northern Mariana Islands the right to not usually Washington, D.C., we were what is an acceptable design concept. choose a design, which would be im- overlooked and left out when the bill Suitable design concepts include State printed on the reverse of a quarter. In- authorizing the coins first passed and landmarks, historically significant advertently these jurisdictions were was signed into law. With the passage buildings, symbols of State resources excluded from the 50 State quarter dol- today of H.R. 392, we will fix that over- or industries, official State flora and lar bill that gave each State their own sight, but I hope we can move to ensure fauna, State icons, and outlines of coins in 1998. that the territories are remembered States. Among the examples of suitable I echo the sentiments of my col- and considered when any legislation is coins are many, New York’s Statue of leagues. This bill recognizes the impor- being written. Liberty and the like. tance of including all Americans in the We will continue to work to that end, This bill points out the importance of symbols of American citizenship. I am but today my constituents are looking including all Americans in the symbols confident and hopeful that this bill will forward to displaying an image on our of American citizenship. The residents see swift congressional passage and coin that will convey a part of our rich of the District and of the insular areas then that the President will imprint history to our fellow Americans and people around the world, whether it are full and equal American citizens. his signature. To leave them out of mere exercises of As Puerto Rico’s sole representative would be General Budhoe, the slave citizenship is to seem to deny the citi- in Congress of the almost 4 million who led the effort that resulted in our zenship they revere and share with American citizens who reside in Puerto emancipation; the three women who are best known for having led the labor other Americans. The Americans who Rico, it is my honor to acknowledge revolt of 1878; D. Hamilton Jackson, a live in these areas have fought and died the significant contributions which judge, labor leader, champion of the in our country’s wars and have extraor- Puerto Rican Americans have made to free press, and actually the first dele- dinary records of service, particularly our Nation. In particular, Puerto gate to Washington on behalf of the in the Armed Forces, in considerably Ricans have never failed in their proud Virgin Islands; or any number of people larger numbers than many States. Dis- patriotic commitment to their call of or monuments that represent who and trict citizens, in addition, pay Federal duty, defending this Nation and its what we are when that is yet to be de- income taxes. democratic principles. Madam Speaker, We in the Congress all represent cided. Puerto Rican Americans have served But, Madam Speaker, with the pas- proud Americans. There are, of course, with honor and distinction in the sage of this bill today, we will have significant differences between the Armed Forces of the United States in begun the process, and the Virgin Is- States and the jurisdictions covered by all wars and conflicts since 1917 to this lands will be ready to proudly join the this bill. However, qualification to be day. States in this program. part of a program of quarter coins to This bill’s passage is long overdue. I urge my colleagues to support H.R. commemorate congressional districts Its enactment would be an extremely 392. is not one of them. Under the Constitu- meaningful way to honor these Puerto Mr. CASTLE. Madam Speaker, I have tion all Americans are equal notwith- Rican Americans. It may seem like a no further requests for time, and I re- standing important differences in form, small gesture, but our exclusion from serve the balance of my time. structure, and other significant dis- this program undermines how faithful Ms. NORTON. Madam Speaker, I tinctions. Today, by including all Puerto Rican Americans have been to yield 3 minutes to the gentleman from Americans, Congress avoids any ap- this Nation and how we revere our citi- American Samoa. pearance of differential or discrimina- zenship and fellowship with all Ameri- (Mr. FALEOMAVAEGA asked and tory treatment and any implication cans. was given permission to revise and ex- that these areas are colonies, never the Mr. GUTIERREZ. Madam Speaker, I tend his remarks.) intention when the five jurisdictions yield the balance of my time to the Mr. FALEOMAVAEGA. Madam were not included in the original bill in delegate from Washington, D.C. (Ms. Speaker, I rise today in strong support 1998, as the House has made clear by re- NORTON) and ask unanimous consent of H.R. 392, the District of Columbia peatedly bringing this bill to the floor. that she be permitted to control that and United States Territories Circu- Perhaps the other body this time is time. lating Quarter Dollar Program Act. ready to grant us our citizenship. The SPEAKER pro tempore (Mrs. I want to commend my colleague Today, when our country is at war JONES of Ohio). Is there objection to from the District of Columbia for in- and faces unparalleled dangers, this the request of the gentleman from Illi- troducing this proposed legislation to bill is yet another example of our unity nois? include the District of Columbia and as Americans and our indivisibility in There was no objection. the territories by amending the 50 honoring all of our country’s citizens. Ms. NORTON. Madam Speaker, I States Commemorative Coin Program By repeatedly passing this measure, yield 3 minutes to the gentlewoman Act that was made law since 1997. I the House has made it abundantly from the U.S. Virgin Islands (Mrs. want to commend the gentleman from clear that we are one country, and that CHRISTENSEN). Massachusetts, the chairman of the our hope is that the Senate will join Mrs. CHRISTENSEN. Madam Speak- House Financial Services Committee; us. er, I thank the gentlewoman for yield- as well as the ranking member, the Mr. CASTLE. Madam Speaker, at ing. gentleman from Alabama, for their this time I yield such time as he may Madam Speaker, once again the bill leadership and support of this legisla- consume to the distinguished gen- to add the quarters representing the tion. Madam Speaker, I also want to

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.028 H23JAPT1 ccoleman on PROD1PC61 with HOUSE H854 CONGRESSIONAL RECORD — HOUSE January 23, 2007 especially thank the gentleman from H.R. 392 represents the fifth consecu- I hope, to the distinguished woman Delaware, my esteemed friend, for his tive attempt, the fifth consecutive at- from the District of Columbia, that the unwavering support of this legislation. tempt to enact legislation to honor the fifth time is good luck. We have had For many years he has worked tire- Capital City, Washington, D.C., and the great luck here in the House; it is in lessly with the sponsor of this bill, and U.S. territories by including them in the Senate that we seem to struggle a I would be remiss if I did not thank the the 50 State Quarter Program. little bit, and hopefully we can get it good gentleman from Delaware for his I want to thank the gentlewoman done this time. commitment to pass this historic legis- from the District of Columbia (Ms. And let me make a point that I think lation. NORTON), who has persevered over all is important. There has been a lot in This important piece of legislation these years to try to get this piece of the news lately about a delegate voting has been an ongoing issue for the past legislation through, and I also thank bill which some people here on the 8 years, Madam Speaker. All five con- the gentleman from Delaware (Mr. floor may be interested in. This is not gressional delegates are and were origi- CASTLE) for his continued strong sup- that bill, and I am not either deni- nal cosponsors of this bipartisan meas- port for the District of Columbia and grating or advocating that bill today. ure. During the 107th Congress we in- the U.S. territories to be included in But I think it is very important to un- troduced H.R. 4005, identical legislation this successful program. derstand what this is: it is just a clear that was unanimously passed by the I represent Guam, an island approxi- recognition of those areas that have House and was received in the Senate mately 3,500 miles southwest of Hawaii. been left out of this quarter program in 2002. In the 108th and 109th Con- Guam, like the District of Columbia that many of us think should be gresses, the same legislation was and the other U.S. territories, has brought in and, for that reason, are unanimously passed with bipartisan unique attributes that too few Ameri- very supportive of this legislation. support by the House. But, unfortu- cans are aware of. In fact, it is all too Hopefully this is a bill which both po- nately, Congress adjourned before the common for Americans to be unaware litical parties can be very supportive of Senate could consider the bills. of or misinformed about Guam’s rela- when the time comes to vote on it. Madam Speaker, I am hopeful that tionship with the United States and Madam Speaker, I yield back the bal- we pass H.R. 392 and that the Senate that its residents are duly U.S. citi- ance of my time. Ms. NORTON. Madam Speaker, may I will pass this legislation before the zens. I believe this record should be im- proved, and one way to accomplish this inquire how much time is remaining. 110th Congress adjourns. H.R. 392 af- The SPEAKER pro tempore. The gen- fords us an opportunity to recognize is to authorize the Secretary of the tlewoman has 91⁄2 minutes remaining. Treasury to provide for the circulating the special contributions of the resi- Ms. NORTON. Madam Speaker, I can- dents of the good people of the District quarter dollar coin program to honor not close without saying a word about of Columbia and the territories. the District of Columbia, the Common- the spirit in which the gentleman from I urge my colleagues to support this wealth of Puerto Rico, Guam, Amer- Delaware has handled this matter. legislation. ican Samoa, the United States Virgin What is it, we are told 8 years. It was Ms. NORTON. Madam Speaker, I Islands, and the Commonwealth of the a quintessential moment of bipartisan- yield 4 minutes to the gentlewoman Northern Marianas. ship. from Guam (Ms. BORDALLO). The bottom line is that every time I was sitting in my office when the someone looks at the back of a quarter, b 1315 bill came to the floor, and staff came they learn something about the State in and said the District of Columbia Ms. BORDALLO. Madam Speaker, I represented. Much can be learned about and the territories are not included in rise in strong support of H.R. 392, the Guam and her sister territories and the this coin bill. I ran to the floor and ran District of Columbia and the United District. In doing so, the curious Amer- over to the gentleman. It is under- States Territories Circulating Quarter ican will learn more about their won- standable, it is called 50 States, that it Dollar Program Act. derful country in which they live and is easy to forget us I guess, and he as- This bill would authorize the Sec- more about their fellow Americans sured us there had been no intention. retary of the Treasury to provide for a with whom they share this bountiful Madam Speaker, I had two choices. circulating quarter dollar coin pro- land. One choice was on suspension, as it is gram to honor the District of Colum- Mr. CASTLE. Madam Speaker, just today, which was simply to ask my bia, the Commonwealth of Puerto Rico, in closing I thought I would reference side to vote against it and it wouldn’t Guam, American Samoa, the United back to what I said in the opening, and have passed on suspension. The other States Virgin Islands, and the Com- that is that this particular program side was to listen to what the chairman monwealth of the Northern Mariana Is- which is known as the 50 State Quarter said, and what he said was that he lands. Program, has made a profit, if you would put this bill again on the floor. The Commemorative Coin Program want to call it that, through what we He, and for that matter his successor Act was passed, Madam Speaker, in call seigniorage of about $6 billion for committee chairs and subcommittee 1997, and enacted as Public Law 105–124. the Federal Government. How can that chairs, has never wavered on putting It authorized the minting of 50 com- be? It is fairly simple: it costs about a this bill forward. Let us be clear that memorative coin designs to represent nickel to make a quarter, and we es- when we are talking about five times, the unique culture and history of each sentially sell the quarters, if you will, we are talking about, shall we call respective State. This is an unprece- for 25 cents; and that amount of them, the other body. dented program by which the design of money, that extra money is carried I point this out because I believe we the United States quarter dollar over, that 20 cents. And since none of owe the same reciprocal spirit of bipar- changes five times each year for a 10- these coins are being basically turned tisanship that, sir, you so kindly year period beginning in January 1999. in because of all the collecting which is granted us. The fact is, this is such a The 50 States are honored under the going on, this is money which the Fed- small matter. That such a small mat- current program in the order in which eral Government can spend, it is called ter can be so hurtful may not be under- they were admitted into the Union. seigniorage, and it has worked out ex- standable to others. This program authorized the first traordinarily well. One way to understand it is the dis- change to the quarter since production This program not only honors and proportionate service in the Armed of the bicentennial quarter in 1975–1976 recognizes these very important enti- Forces. I don’t know why, but you have and is meant to foster pride among ties that have been spoken to by their only to look at the statistics to be citizens of each State, greater appre- representatives here today, but also stunned by the disproportionate serv- ciation for the diversity of our Nation, provides an opportunity for the Federal ice in our Armed Forces of people from and to instill an enhanced sense of na- Government to continue to profit from the District of Columbia and the insu- tional unity. By all accounts, Madam this program, which will, by the end, lar areas. It is not because they during Speaker, this program has been a re- end otherwise in the year 2008. So I the period of the draft were more often sounding success. However, it has ex- would encourage everybody to vote for drafted; it was a greater willingness to cluded the territories. it. serve.

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.030 H23JAPT1 ccoleman on PROD1PC61 with HOUSE January 23, 2007 CONGRESSIONAL RECORD — HOUSE H855 I want to say, Madam Speaker, in ton during this war, if you had sat in (c) ISSUANCE OF DEPARTMENTAL DIREC- closing that a virtual unwritten rule of churches during this war, then you TIVE.—The Secretary of Homeland Security this House should be that no distinc- would understand that any opportunity shall, in accordance with the final rule im- tion not proscribed by laws ever be to remind this Congress, including my plementing the SAFETY Act, issue a Depart- mental management directive providing for made among American citizens, par- side, that the moment of truth has coordination between Department procure- ticularly in the people’s House. We will come and it has got to come in the ment officials and any other Department of- all be challenged, I hope shortly, on an 110th Congress for a seat for the Dis- ficial responsible for implementing the entirely unrelated bill, not the bill trict of Columbia this year. Meanwhile, SAFETY Act in advance of any Department that the gentleman from Delaware we begin with an entirely non- procurement of an anti-terrorism tech- spoke of that is due to come to the controversial ‘‘yes’’ symbolic bill. Let nology, as required under subsection (b). floor on delegate voting, but yet an- this bill pass the House. The SPEAKER pro tempore. Pursu- other bill, a bill 200 years in the mak- I thank the Speaker, and I particu- ant to the rule, the gentleman from ing, 200 painful years of service in the larly thank my good colleagues for per- Rhode Island (Mr. LANGEVIN) and the Armed Forces, of paying taxes without severing with us. I hope we have set gentleman from Alabama (Mr. ROGERS) representation which are going to call the tone for the 110th Congress. each will control 20 minutes. Congress to account, especially my Madam Speaker, I yield back the bal- The Chair recognizes the gentleman party, which has flooded this floor with ance of my time. from Rhode Island. statements of belief in the full voting The SPEAKER pro tempore. The GENERAL LEAVE rights of the people of the Nation’s question is on the motion offered by Mr. LANGEVIN. Madam Speaker, I Capital. the gentleman from Illinois (Mr. ask unanimous consent that all Mem- To his great credit, Representative GUTIERREZ) that the House suspend the bers have 5 legislative days to revise TOM DAVIS when he chaired the Gov- rules and pass the bill, H.R. 392. and extend their remarks, and to insert The question was taken; and (two- ernment Reform Committee discovered extraneous materials relating to the thirds being in the affirmative) the a magic opportunity, that is the only bill under consideration into the CON- rules were suspended and the bill was word for it because it won’t come again GRESSIONAL RECORD. soon, that the State of Utah had barely passed. The SPEAKER pro tempore. Is there A motion to reconsider was laid on missed getting a vote in the last cen- objection to the request of the gen- the table. sus. And he came to me and suggested tleman from Rhode Island? that we put Utah and the District of f There was no objection. Columbia together just as Alaska and STREAMLINING OF SAFETY ACT Mr. LANGEVIN. Madam Speaker, I Hawaii came in the Union together, AND ANTI-TERRORISM TECH- yield myself such time as I may con- and precisely the only way we have in- NOLOGY PROCUREMENT PROC- sume. creased representation in the House ESSES Today, Madam Speaker, I rise in sup- and the Senate, and that is through po- Mr. LANGEVIN. Madam Speaker, I port of legislation I introduced, the litical balance. move to suspend the rules and pass the SAFETY Reform Act of 2007, which It was an offer we couldn’t refuse, will help ensure that safe and effective but it took us 4 years of my negoti- bill (H.R. 599) to direct the Secretary of Homeland Security to streamline the antiterrorism technologies are being ating with the Democrats who kept deployed by the Department of Home- telling me what they wanted and Mr. SAFETY Act and anti-terrorism tech- nology procurement processes. land Security to bolster our security DAVIS negotiating with Republicans The Clerk read as follows: throughout the country. who kept telling them what they want- H.R. 599 ed, and finally we got the bill through b 1330 the Government Reform Committee 15– Be it enacted by the Senate and House of Rep- The Support for Anti-Terrorism by resentatives of the United States of America in Fostering Effective Technologies Act 14. This is such an extraordinary bipar- Congress assembled, tisan vote on a controversial bill, 15 SECTION 1. STREAMLINING OF SAFETY ACT AND of 2002, or SAFETY Act as it is known, Democrats, 14 Republicans voting for ANTI-TERRORISM TECHNOLOGY was designed to provide incentives for the bill, the Davis-Norton bill for a PROCUREMENT PROCESSES. development and deployment of House vote. Not a vote in both Houses, (a) PERSONNEL.—The Secretary of Home- antiterrorism technologies. my friends, a vote in the people’s land Security shall ensure that, in addition The SAFETY Act was intended to ad- to any personnel engaged in technical eval- dress the liability concerns of busi- House, went to the Judiciary Com- uations that may be appropriate, a sufficient mittee, additional requirements made, number of full-time equivalent personnel, nesses and to pave the way for innova- they were fulfilled by the State of who are properly trained and qualified to tive development of key antiterrorism Utah. apply legal, economic, and risk analyses, are technologies. Unfortunately, a lack of Here, we have the most Republican involved in the review and prioritization of personnel within the Office of SAFETY State in the Union and a big city nor- anti-terrorism technologies for the purpose Act Implementation, an excessively mally Democratic who come forward of determining whether such technologies burdensome application process, and a together, who are literally joined at may be designated by the Secretary as quali- lack of communication between the the hip together, and say regrettably, fied anti-terrorism technologies under sec- Department’s procurement and man- tion 862(b) of the SAFETY Act (6 U.S.C. although we thank the other side who 441(b)) or certified by the Secretary under agement divisions made for difficult took this almost to the floor, through section 863(d) of such Act (6 U.S.C. 442(d)). implementation of the SAFETY Act. two committees, didn’t get it to the (b) COORDINATION WITHIN DEPARTMENT OF This legislation which I have intro- floor, my party has an obligation writ- HOMELAND SECURITY.—The Secretary of duced, along with Chairman THOMPSON, ten in miles of rhetoric, written in Homeland Security shall— Subcommittee Ranking Member Rog- their platform over many decades to (1) establish a formal coordination process ers and many other members of the bring the bill for the full vote for the that includes the official of the Department Homeland Security Committee, should of Homeland Security with primary responsi- fix many of those shortcomings. residents of the District of Columbia to bility for the implementation of the SAFE- this floor. TY Act, the Chief Procurement Officer of the Last year the Homeland Security I congratulate my colleagues on the Department, the Under Secretary for Science Committee held a subcommittee hear- other side who almost brought us and Technology, the Under Secretary for ing highlighting some of the problems home. Now, the challenge is to those Policy, and the Department of Homeland Se- that arose from the SAFETY Act’s im- who got up and pointed their finger at curity General Counsel to ensure the max- plementation. We heard from a variety the other side about not doing enough, imum application of the litigation and risk of industry leaders and experts that the finger is now pointed at us and the management provisions of the SAFETY Act the application process was overly bur- time has come. While this bill has to anti-terrorism technologies procured by densome, and that it took far too long the Department; and nothing to do with that, if you rep- (2) promote awareness and utilization of for the Department of Homeland Secu- resent the District of Columbia, if you the litigation and risk management provi- rity to properly evaluate and approve were second per capita in Federal in- sions of the SAFETY Act in the procurement many of the applications that busi- come taxes, if you had gone to Arling- of anti-terrorism technologies. nesses submitted.

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.032 H23JAPT1 ccoleman on PROD1PC61 with HOUSE H856 CONGRESSIONAL RECORD — HOUSE January 23, 2007 While I am pleased to see that many As part of the oversight provided in analysts in the Office of SAFETY Act companies with new and innovative the 109th Congress, the Homeland Se- Implementation who can deal with the technologies have already applied for curity Committee determined that the ever-growing number of applications. the SAFETY Act program, the pro- SAFETY Act better protected the This will ensure that applications are gram can be effective only when the American people, and over 60 new tech- being processed in a timely fashion to applications are properly approved. nologies have been approved for cov- bring more technologies to the table My legislation, therefore, takes three erage under the SAFETY Act in areas earlier than ever. important steps to improve the effec- such as radiation detection, facility Perhaps more importantly, this bill tiveness of the application process. protection and passenger screening. will also ensure the proper coordina- First, this bill will help facilitate com- Unfortunately, in order to qualify for tion between the Department’s pro- munication between the Department of SAFETY Act protection, companies curement and implementing offices and Homeland Security’s procurement sec- must go through a cumbersome appli- raise the awareness of SAFETY Act tor and the Department’s Office of cation process rife with red tape. This risk management provisions among SAFETY Act Implementation, which is bill cuts that red tape by requiring procurement officers across Federal, the entity tasked with reviewing the DHS to streamline their process and State and local government, and applications. This approach will allow make it more effective. throughout the private sector. officials at DHS to thoroughly review In my district there are a number of In order to generate revolutionary applications while also maintaining companies developing antiterrorism breakthroughs in antiterrorism tech- quick turnaround times. technologies, including detection and nologies, the Department must ac- Second, the bill would require that identification systems. By limiting tively promote awareness of SAFETY the Secretary employ a sufficient num- their potential legal liability, this bill Act protections not only among pri- ber of analysts in the Office of SAFE- will help them develop new tech- vate sector, but across government TY Act Implementation who can deal nologies to address the real and con- procurement agencies. This legislation with the ever-growing number of appli- stant threat of a terrorist attack. will help achieve those goals. cations. Appropriate staffing will help This bill represents a commonsense, I congratulate Mr. LANGEVIN for of- ensure that the applications are being bipartisan approach, and I applaud my fering this legislation and strongly processed in a timely manner, thereby colleagues on the other side of the urge my colleagues to join me in sup- aisle, an approach to streamline gov- porting this bill. We must enable the allowing us to deploy the newest and ernment and make it friendlier to the private sector to deliver the revolu- best technologies as quickly as pos- American people. By doing this, we will tionary, breakthrough technologies sible. Finally, this legislation will help make it easier for government and the that will help win the Nation’s fight against terrorism. raise awareness of SAFETY Act risk private sector to work together to Mr. ROGERS of Alabama. Madam management provisions among pro- make America safer. Madam Speaker, I urge my col- Speaker, I reserve the balance of my curement officers across Federal, leagues to support this important leg- time. State, and local levels, and throughout islation. Mr. LANGEVIN. Madam Speaker, I the private sector. Mr. LANGEVIN. Madam Speaker, I yield 3 minutes to the gentleman from Contributions made by private enter- am pleased to yield such time as he Florida (Mr. MEEK). prises are an extremely important may consume to the gentleman from Mr. MEEK of Florida. Madam Speak- component of our Nation’s security, Mississippi (Mr. THOMPSON), the chair- er, let me just say that this piece of and our governmental policies should man of the Homeland Security Com- legislation is an outstanding bipartisan continue to encourage innovation, not mittee. piece of work. I know that it has bipar- stifle it. Mr. THOMPSON of Mississippi. tisan support, something that is going By passing the SAFETY Reform Act, Madam Speaker, I thank Mr. to help the private sector and be able I am optimistic that we will be able to LANGEVIN. to help us move forward in securing effectively streamline the application Today I rise to support a bill that re- America. process and encourage participation in affirms our commitment to ensuring I would like to thank my good friend this program across all levels of gov- that safe and effective antiterrorism Mr. ROGERS for his outstanding work ernment and the private sector. technologies are being deployed by the and also on the Republican side. We I urge my colleagues to join me in Department of Homeland Security. have had a great discussion. As you supporting the SAFETY Reform Act of This bill, offered by my colleague Mr. know, in the last Congress I was the 2007. LANGEVIN, will provide much-needed ranking member on the oversight com- Madam Speaker, I reserve the bal- reforms to the SAFETY Act process mittee, and all of us that are involved ance of my time. within the Department. in this bill have heard hours and hours Mr. ROGERS of Alabama. Madam In conducting oversight over the De- of testimony on why this is important. Speaker, I yield 3 minutes to the gen- partment’s implementation of the Even going as far back as the 108th tleman from Texas (Mr. MCCAUL), my SAFETY Act over the last several Congress in the select committee, we friend and colleague. years, it was apparent that there was were hearing from members of the pri- Mr. MCCAUL of Texas. Madam several significant disconnections vate sector, saying that we want to Speaker, I thank the gentleman for within the Department. participate in protecting America, yielding. It became clear that the Office of need it be bio or what have you, but we I want to thank Chairman LANGEVIN SAFETY Act Implementation and the also do not want to end up losing our and Ranking Member ROGERS for their private sector were working on sepa- shirts in the process or giving away se- leadership on this issue, and I am rate wavelengths. The right hand sim- crets. proud to have been a coauthor of this ply was not speaking to the left. So I think this legislation is going to bill. The private sector struggled to fulfill help us move forward. I hope it has a Madam Speaker, I rise today in sup- the lengthy paperwork requirements of speedy process in the Senate. I look port of H.R. 599, a bipartisan bill to the SAFETY Act, while the SAFETY forward to coming to the floor later on help protect and encourage companies Act office often seemed nonresponsive to vote on this very good piece of legis- that develop antiterrorism tech- to private sector requests. lation. nologies. This bill helps implement the While the Department’s adoption of I just wanted to come by and say, Support Anti-Terrorism by Fostering final regulations this summer imple- once again, this is another example on Effective Technologies, or SAFETY menting the SAFETY Act appears to how we have and we are now working Act. The SAFETY Act was passed as be an encouraging step forward, still in a bipartisan way on behalf of secur- part of the Homeland Security Act of more must be done to ensure that the ing America for future generations and 2002, and basically it encourages com- government is being responsive to de- this generation so that we can con- panies to develop antiterrorism tech- velopments in the private sector. tinue to move forward hand in hand. nology by limiting their liability in This bill would require that the Sec- I want to thank the bill’s sponsor the event of a terrorist attack. retary employ a sufficient number of from Rhode Island for bringing this

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.035 H23JAPT1 ccoleman on PROD1PC61 with HOUSE January 23, 2007 CONGRESSIONAL RECORD — HOUSE H857 legislation to the floor quickly, and antiterrorism technologies. The act Mr. LANGEVIN. Madam Speaker, in also Mr. THOMPSON, the chairman of does this, in part, by limiting the li- closing, I want to thank the speakers the committee, and ranking member of ability exposure of companies that pro- who have come forward. I want to the committee on the Republican side vide those technologies in the event of thank Members on the other side of the for bringing this to the floor for speedy a terrorist attack. aisle for working with us in a bipar- consideration. Since the law was enacted, however, tisan fashion to bring this bill to the I rise today in strong support of this legisla- the number of applications to DHS for floor. I want to particularly recognize tion. H.R. 599, the Support for Antiterrorism by SAFETY Act protections has fallen the leadership of Chairman THOMPSON Fostering Effective Technologies or ‘‘SAFETY’’ well below expectations. Critics and his due diligence in seeing that Act would provide greater incentive to US charged that this result is due to a this act was put together in such a companies that develop and produce domes- number of factors, including the De- timely fashion and brought to the floor tic, antiterrorism technologies and would better partment’s slow evaluation and ap- so quickly. proval process, the understaffing in ensure the integrity of our national security. b 1345 Congress enacted the SAFETY Act in 2002 key DHS offices, and the lack of full to limit the liability of manufacturers of quali- coordination between the SAFETY Act It is the responsibility of every level fied, antiterrorism technologies. This was seen office and the procurement office in of government, whether it is the local, as an essential step to promote innovation in the process at DHS. State or Federal level, first and fore- technology, and to ensure that our first re- To address those concerns, the Com- most to protect our citizens. Our Na- sponders received the very latest and best mittee on Homeland Security included tion is at war, and homeland security equipment. bipartisan provisions in the DHS au- must be our top priority. The quicker However, the methods used by the Depart- thorization bill for fiscal years 2006 and that we can get these new and vital ment of Homeland Security to implement the 2007, but time ran out, and neither bill technologies in place that will better original legislation were markedly slow and came to law. protect the American people, the bet- burdensome to applicants. This created dis- Last summer DHS issued its final ter off we will all be. incentive to companies to participate in the rule to implement the SAFETY Act. So it is my intent that this act will program, and negated the original intent of the The Department revised the applica- clarify some of the problems with the legislation. tion kit to make it easier for compa- original SAFETY Act and with the im- I raised this issue and others during a Sep- nies to apply for SAFETY Act protec- plementation that has been witnessed tember 2006 joint hearing before the Home- tion. by the Department of Homeland Secu- land Security Subcommittees on Management, To review those materials and hear rity, and I am pleased that we have Integration, and Oversight and Emergency from the private sector, I cochaired a brought this act to the floor today. Preparedness, Science and Technology. In hearing in the Management, Integra- Madam Speaker, I move its passage. that hearing, questions were raised addressing tion and Oversight Subcommittee with Mr. LANGEVIN. Madam Speaker, I request these issues; however, little was done in the the former Chairman REICHERT and his that the following letters be made part of the closing days of the 109th to enact sufficient subcommittee on September 13, 2006. CONGRESSIONAL RECORD. change. The Department did take positive We heard from the Under Secretary for PROFESSIONAL SERVICES COUNCIL, steps to alleviate some of these issues, by Science and Technology and the chief Arlington, VA, January 22, 2007. issuing improved application ‘‘kits’’ and ap- procurement officer at DHS. Hon. JAMES LANGEVIN, proving the final rule. We also heard from leading industry Chairman, Subcommittee on Emerging Threats, Cybersecurity, Science and Technology. Still more is needed, and H.R. 599 would be representatives, including the U.S. Hon. MIKE ROGERS, a significant step in that direction. Because Chamber of Commerce, the Homeland Ranking Member, Subcommittee on Manage- procuring these vital technologies as they be- Security and Defense Business Council, ment, Investigations and Oversight. come available is imperative to national and the Professional Services Council. HOMELAND SECURITY COMMITTEE, security, SAFETY Act certification must hap- The feedback we received from indus- House of Representatives, pen at the same time as production. try about the revisions DHS made to Washington, DC. To ensure that both our companies and our the process was mostly positive. DEAR CHAIRMAN LANGEVIN AND CONGRESS- first responders are protected, this bill would Progress has been made. MAN ROGERS: On behalf of the Professional require the Department to formalize the co- DHS reports a 100 percent increase in Services Council (PSC), the leading national trade association representing the profes- ordination between its procurement office and applications, from 14 to 28, over 1 year sional and technical services industry selling the Office of SAFETY Act Implementation. since the fourth quarter of 2005, but to the Federal Government, I am writing to This would stand to greatly improve the effi- more can be done to further streamline endorse the legislation introduced by you ciency of the program and the application and improve the SAFETY Act procure- and others (H.R. 599) to streamline the process. Moreover, this bill would also ensure ment process. SAFETY Act and anti-terrorism technology that sufficient staff be made available for re- The bill we consider today continues procurement processes. viewing applications. Delays in certification our work from the 109th Congress and We appreciated the bipartisan leadership of can dissuade companies from bringing life makes those improvements. First, the Chairman Thompson and Ranking Member bill would ensure DHS has a sufficient King during the 109th Congress to provide saving technology to market for long periods strong oversight of SAFETY Act implemen- of time. number of properly trained analysts to tation, including the execution of the re- The SAFETY Act, as it is named, is about review and prioritize antiterrorism sponsibilities of the Secretary of Homeland the security of the American people. Improving technologies that could qualify for Security and the Under Secretary for this process will ensure that our Federal, SAFETY Act designation. Science and Technology in administering the State, and local authorities have the tools they Second, the bill would establish a for- Act. We are confident that the Committee’s need to protect the American people. mal coordination process within DHS support for the full implementation of the I urge my colleagues, to support this bipar- and involve the Under Secretary for law and for extending the coverage of the tisan measure and to further strengthen our Science and Technology, the Under Act to appropriate anti-terrorism tech- nologies will remain strong through your defense from terror. Secretary for Policy, the chief procure- Subcommittees’ leadership. ’ Mr. ROGERS of Alabama. Madam ment officer and the general counsel. PSC has been a strong and active supporter Speaker, I yield myself such time as I And third, the bill would require that of the SAFETY Act since its development in may consume. SAFETY Act issues are fully consid- Congress in 2002. We have commented exten- The bill we consider today will ered in advance of procurement by DHS sively on the Act, on the implementing regu- streamline the procurement process of of an antiterrorism technology. lations, application kits, and operating prin- the Department of Homeland Security This bill would improve implementa- ciples. We have met repeatedly with key by implementing the SAFETY Act. tion of the SAFETY Act so the private leaders within the Department and other of- The SAFETY Act was enacted in No- sector can do more to protect our Na- fices in the Executive Branch. We testified before your Committee last year on the Act. vember 2002 as a part of the Homeland tion from terrorist attacks. I urge my We are pleased with the recent progress Security Act. At that time it was the colleagues to support its passage. made in providing the regulatory and admin- intent of Congress to spur the develop- Madam Speaker, I yield back the bal- istrative framework for implementation, and ment and deployment of innovative ance of my time. with DHS’s renewed commitment to moving

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.036 H23JAPT1 ccoleman on PROD1PC61 with HOUSE H858 CONGRESSIONAL RECORD — HOUSE January 23, 2007 that implementation forward. However, introduced with Rep. Michael D. Rogers (R– unfortunately industry was skeptical about the more can and should be done. AL), Ranking Member of the Subcommittee burdens imposed by the SAFETY Act’s appli- While the Department is fully committed on Management, Investigations and Over- cation process as implemented by the Depart- to robust implementation of the Act, we see sight. This bipartisan legislation provides an ment of Homeland Security. Regrettably, our your bill as an important step in helping the incentive to develop and deploy anti-ter- Department achieve that goal—whether rorism technologies and services. high expectations for the SAFETY Act were through the allocation of additional full- The Chamber applauds your leadership on not met and issues were raised about the ex- time DHS employees to carry out the func- this critical national security issue and cessively burdensome and slow evaluation tions assigned under the Act or ensuring looks forward to working with the Com- and approval of applications by the Depart- that the Department’s internal procurement mittee to ensure the SAFETY Act of 2002 is ment’s Office of SAFETY Act Implementation, and policy organizations are aligned with fully implemented. OSAI, during the September 2006 joint hear- and use the authorities provided under the Sincerely, ing before the Homeland Security Subcommit- Act. In addition, the Department plays an R. BRUCE JOSTEN. tees on Management, Integration, and Over- important role in providing guidance and in- sight and Emergency Preparedness, Science formation to other federal agencies and to JANUARY 23, 2007. other stakeholders about the Act. Each of Re Support for H.R. 599 and Technology. Significant improvements have been made these important items is addressed in H.R. Hon. JAMES R. LANGEVIN, 599. Chairman, Subcommittee on Emerging Threats, to make this process more user-friendly, less We appreciated the opportunity to com- Cybersecurity, and Science and Technology, time-consuming, and less costly for business ment on the draft bill and are pleased to House of Representatives, Committee on with the SAFETY Act Application Kit, Kit, and offer PSC’s support for the legislation as in- Homeland Security, Washington, DC. final rule. However positive these improve- troduced. We strongly support passage by DEAR MR. LANGEVIN: I am writing to you in ments implemented may have been, additional the House early in the legislative cycle and my personal capacity to express my support improvements are of paramount importance to look forward to further legislative and ad- for the goals expressed in H.R. 599. H.R. 599 ensure that Congress’ legislative intent of the ministrative action to fully implement the is intended to encourage the Department of goals and objectives of the SAFETY Act. We SAFETY Act is met. Homeland Security to streamline the Sup- H.R. 599 will better address our legislative also look forward to working with your Sub- port Anti-Terrorism By Fostering Effective committees and others on this important Technology Act of 2002 (SAFETY Act) appli- intent of the SAFETY Act and facilitate the fol- homeland security initiative. cation and procurement processes. The bill is lowing improvements: Make the application In the interim, if you or your staffs have drafted to ensure that the Department uti- process more user-friendly, less time-con- any questions or need any additional infor- lizes a sufficient number of trained personnel suming, and less costly for businesses; make mation, please do not hesitate to let me to review any individual application, that the review process more swift, efficient and ef- know. the various components of the Department fective; result in a significant increase in the Sincerely, coordinate in implementing the Act, and volume of SAFETY Act applications; more ALAN CHVOTKIN, ESQ., that Department issues a management direc- closely integrate the application and review Senior Vice President and Counsel. tive to coordinate procurement and SAFETY process with the procurement of such tech- Act implementation efforts. CROWELL MORING, In light of my experience in drafting nu- nologies and services; and bolster awareness Washington, DC, January 22, 2007. merous SAFETY Act applications, I support of and confidence in the efficacy of the SAFE- Re Proposed Legislation for Streamlining of the goals enumerated by the legislation, par- TY Act program among producers of anti-ter- SAFETY Act Processes ticularly as related to Department-wide co- rorism technologies as well as Federal, state, Representative JAMES R. LANGEVIN, ordination and coordination in procurement and local government purchases of these House of Representatives, policy and implementation. Through my ex- technologies. Washington, DC. periences with the SAFETY Act, I believe While implementing the SAFETY Act, DHS DEAR REPRESENTATIVE LANGEVIN: Your the Department has taken a number of solid has faced substantial criticisms about delays proposed legislation—‘‘Streamlining of steps in ensuring that such goals are met, and insufficient personnel. It is critical that the SAFETY Act and Anti-Terrorism Tech- and any encouragement from the U.S. Con- Department continue to address these per- gress to meet those goals is welcome. The nology Procurement Processes’’—represents sistent issues and increase the number of a critical step forward to enhance the imple- widespread utilization of the SAFETY Act is mentation of the SAFETY Act. This legisla- critical to defending our nation from ter- highly trained, full-time personnel dedicated to tion recognizes the clear Congressional pur- rorist attacks, and so I welcome the efforts reviewing and approving SAFETY Act applica- pose embodied in the SAFETY Act—save of the U.S. Congress to support the Depart- tions. It is imperative that quick turnaround lives through anti-terrorism technology. ment’s efforts at full implementation. times are maintained when responding to One of the continuing impediments to Thank you for your consideration, and I operational needs. The link between the more aggressive implementation of the welcome any queries on this matter. SAFETY Act office and the procurement office SAFETY Act has been the concern that the Respectfully submitted, must be improved. If a product meets a test BRIAN E. FINCH Department of Homeland Security (DHS) has for procurement officials, there is no reason Ms. JACKSON-LEE of Texas. Madam not fully synchronized SAFETY Act approv- why the SAFETY Act office should have to run als with major procurements for anti-ter- Speaker, I rise today in support of H.R. 599, through a new process to test the effective- rorism technology. Your legislation squarely to direct the Secretary of Homeland Security ness of the product. addresses this concern by requiring the DHS to streamline the SAFETY Act and anti-ter- Secretary to establish a formal coordination I commend Congressman LANGEVIN for rorism technology procurement processes. sponsoring this legislation that requires the process to assure more effective implementa- I would like to thank my friend from Rhode tion of the Congressional directive to accel- issuance of a Department directive to for- erate the availability of anti-terrorism tech- Island, Mr. LANGEVIN, for introducing H.R. 599 malize the coordination between the Depart- nology. Thank you for promoting the SAFE- which is essential to the exercise of our over- ment’s procurement office and OSAI. TY Act’s core purpose and clearing the path sight responsibility over the Department of Thus, I strongly urge my colleagues to join for moving anti-terrorism technology to the Homeland Security and critical in ensuring our me in supporting H.R. 599, to direct the Sec- Nation’s front lines. great Nation’s preparation for future terrorist retary of Homeland security to streamline the Sincerely, threats and attacks. SAFETY Act and anti-terrorism technology DAVID Z. BODENHEIMER, This bill serves largely to rearrange and procurement processes. It is my hope and ex- Homeland Security Practice Chair, streamline the Support for Anti-terrorism by Crowell & Moring LLP. pectation that the passage of H.R. 599 will en- Fostering Effective Technologies (SAFETY) sure the proper and timely implementation of CHAMBER OF COMMERCE OF THE Act of 2002. The SAFETY Act was imple- the SAFETY Act of 2002. UNITED STATES OF AMERICA, mented to protect the American people from Mr. LANGEVIN. Madam Speaker, I Washington, DC, January 23, 2007. terrorism by providing incentives for the devel- yield back the balance of my time. Hon. JAMES R. LANGEVIN, opment and deployment of anti-terrorism tech- The SPEAKER pro tempore (Mrs. Chairman, Subcommittee on Emerging Threats, nologies for homeland security by limiting the JONES of Ohio). The question is on the Cybersecurity, and Science and Technology, liability of providers of qualified anti-terrorism motion offered by the gentleman from House of Representatives, Washington, DC. technologies from claims arising out of acts of Rhode Island (Mr. LANGEVIN) that the DEAR CHAIRMAN LANGEVIN: The U.S. Cham- ber of Commerce, the world’s largest busi- terrorism. House suspend the rules and pass the ness federation representing more than three Despite our legislative intent that the SAFE- bill, H.R. 599. million businesses and organizations of every TY Act would pave the way for innovative de- The question was taken. size, sector, and region, supports H.R. 599, velopment of key anti-terrorism technologies The SPEAKER pro tempore. In the the ‘‘SAFETY Act Reform Bill,’’ which you by addressing businesses’ liability concerns, opinion of the Chair, two-thirds of

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JA7.026 H23JAPT1 ccoleman on PROD1PC61 with HOUSE January 23, 2007 CONGRESSIONAL RECORD — HOUSE H859 those voting have responded in the af- Lantos Neugebauer Shea-Porter HONORING THE CONTRIBUTIONS firmative. Larsen (WA) Nunes Sherman OF CATHOLIC SCHOOLS Larson (CT) Oberstar Shimkus Mr. PRICE of Georgia. Madam Latham Obey Shuler The SPEAKER pro tempore. The un- Speaker, on that I demand the yeas LaTourette Olver Shuster finished business is the question of sus- and nays. Lee Ortiz Simpson Levin Pallone Sires pending the rules and agreeing to the The yeas and nays were ordered. Lewis (CA) Pascrell Skelton resolution, H. Res. 51. The SPEAKER pro tempore. Pursu- Lewis (GA) Pastor Slaughter The Clerk read the title of the resolu- ant to clause 8 of rule XX, this 15- Lewis (KY) Paul Smith (NE) Linder Payne Smith (NJ) tion. minute vote on the motion to suspend Lipinski Pearce Smith (TX) The SPEAKER pro tempore. The the rules and pass H.R. 599 will be fol- LoBiondo Pelosi Smith (WA) question is on the motion offered by lowed by 5-minute votes on motions to Loebsack Pence Snyder Lofgren, Zoe Perlmutter the gentlewoman from California (Mrs. suspend the rules with respect to House Solis Lowey Peterson (MN) Souder DAVIS) that the House suspend the Resolution 51, H.R. 476, and House Res- Lungren, Daniel Peterson (PA) Space rules and agree to the resolution, H. olution 57. E. Petri Spratt Lynch Pitts Res. 51, on which the yeas and nays are The vote was taken by electronic de- Stark Mack Platts Stearns ordered. vice, and there were—yeas 427, nays 0, Mahoney (FL) Poe Stupak This will be a 5-minute vote. not voting 8, as follows: Maloney (NY) Pomeroy Sullivan Marchant Porter The vote was taken by electronic de- [Roll No. 47] Sutton Markey Price (GA) Tancredo vice, and there were—yeas 428, nays 0, YEAS—427 Marshall Price (NC) Tanner not voting 7, as follows: Matheson Pryce (OH) Tauscher Abercrombie Coble Gohmert Matsui Putnam [Roll No. 48] Ackerman Cohen Gonzalez Taylor McCarthy (CA) Radanovich Terry YEAS—428 Aderholt Cole (OK) Goode McCarthy (NY) Rahall Thompson (CA) Akin Conaway Goodlatte McCaul (TX) Ramstad Abercrombie Clarke Garrett (NJ) Thompson (MS) Alexander Conyers Granger McCollum (MN) Rangel Ackerman Clay Gerlach Thornberry Allen Cooper Graves McCotter Regula Aderholt Cleaver Giffords Tiahrt Altmire Costa Green, Al McCrery Rehberg Akin Clyburn Gilchrest Tiberi Andrews Costello Green, Gene McDermott Reichert Alexander Coble Gillibrand Tierney Arcuri Courtney Grijalva McGovern Renzi Allen Cohen Gillmor Towns Baca Cramer Gutierrez McHenry Reyes Altmire Cole (OK) Gingrey Turner Bachmann Crenshaw Hall (NY) McHugh Reynolds Andrews Conaway Gohmert Udall (CO) Bachus Crowley Hall (TX) McIntyre Rodriguez Arcuri Conyers Gonzalez Udall (NM) Baird Cubin Hare McKeon Rogers (AL) Baca Cooper Goode Upton Baker Cuellar Harman McMorris Rogers (KY) Bachmann Costa Goodlatte Baldwin Culberson Hastert Rodgers Rogers (MI) Van Hollen Bachus Costello Gordon ´ Barrett (SC) Cummings Hastings (FL) McNerney Rohrabacher Velazquez Baird Courtney Granger Barrow Davis (AL) Hastings (WA) McNulty Ros-Lehtinen Visclosky Baker Cramer Graves Bartlett (MD) Davis (CA) Hayes Meehan Roskam Walberg Baldwin Crenshaw Green, Al Barton (TX) Davis (IL) Heller Meek (FL) Ross Walden (OR) Barrett (SC) Crowley Green, Gene Bean Davis (KY) Hensarling Meeks (NY) Rothman Walsh (NY) Barrow Cubin Grijalva Becerra Davis, David Herger Melancon Roybal-Allard Walz (MN) Bartlett (MD) Cuellar Gutierrez Berkley Davis, Jo Ann Herseth Mica Royce Wamp Barton (TX) Culberson Hall (NY) Berman Davis, Lincoln Higgins Michaud Ruppersberger Wasserman Bean Cummings Hall (TX) Berry Davis, Tom Hill Millender- Rush Schultz Becerra Davis (AL) Hare Biggert Deal (GA) Hinchey McDonald Ryan (OH) Waters Berkley Davis (CA) Harman Bilbray DeFazio Hinojosa Miller (FL) Ryan (WI) Watson Berman Davis (IL) Hastert Bilirakis DeGette Hirono Miller (MI) Salazar Watt Berry Davis (KY) Hastings (FL) Bishop (GA) Delahunt Hobson Miller (NC) Sali Waxman Biggert Davis, David Hastings (WA) Bishop (NY) DeLauro Hodes Miller, Gary Sa´ nchez, Linda Weiner Bilbray Davis, Jo Ann Hayes Bishop (UT) Dent Hoekstra Miller, George T. Welch (VT) Bilirakis Davis, Lincoln Heller Blackburn Diaz-Balart, L. Holden Mitchell Sanchez, Loretta Weldon (FL) Bishop (GA) Davis, Tom Hensarling Blumenauer Diaz-Balart, M. Holt Mollohan Sarbanes Weller Bishop (NY) Deal (GA) Herger Blunt Dicks Honda Moore (KS) Saxton Westmoreland Bishop (UT) DeFazio Herseth Boehner Dingell Hooley Moore (WI) Schakowsky Wexler Blackburn DeGette Higgins Bonner Doggett Hoyer Moran (KS) Schiff Whitfield Blumenauer Delahunt Hill Bono Donnelly Hulshof Moran (VA) Schmidt Wicker Blunt DeLauro Hinchey Boozman Doolittle Hunter Murphy (CT) Schwartz Wilson (NM) Boehner Dent Hinojosa Boren Doyle Inglis (SC) Murphy, Patrick Scott (GA) Wilson (OH) Bonner Diaz-Balart, L. Hirono Boswell Drake Inslee Murphy, Tim Scott (VA) Wilson (SC) Bono Diaz-Balart, M. Hobson Boucher Dreier Israel Murtha Sensenbrenner Wolf Boozman Dicks Hodes Boustany Duncan Issa Musgrave Serrano Woolsey Boren Dingell Hoekstra Boyd (FL) Edwards Jackson (IL) Myrick Sessions Wu Boswell Doggett Holden Boyda (KS) Ehlers Jackson-Lee Nadler Sestak Yarmuth Boucher Donnelly Holt Brady (PA) Ellison (TX) Napolitano Shadegg Young (AK) Boustany Doolittle Honda Brady (TX) Ellsworth Jefferson Neal (MA) Shays Young (FL) Boyd (FL) Doyle Hooley Braley (IA) Emanuel Jindal Boyda (KS) Drake Hoyer Brown (SC) Emerson Johnson (GA) NOT VOTING—8 Brady (PA) Dreier Hulshof Brown, Corrine Engel Johnson (IL) Buyer Lucas Pickering Brady (TX) Duncan Hunter Brown-Waite, English (PA) Johnson, E. B. Braley (IA) Edwards Inglis (SC) Carson Manzullo Wynn Ginny Eshoo Johnson, Sam Gordon Norwood Brown (SC) Ehlers Inslee Buchanan Etheridge Jones (NC) Brown, Corrine Ellison Israel Burgess Everett Jones (OH) Brown-Waite, Ellsworth Issa Burton (IN) Fallin Jordan b 1410 Ginny Emanuel Jackson (IL) Butterfield Farr Kagen Buchanan Emerson Jackson-Lee Calvert Fattah Kanjorski Mr. HELLER of Nevada, Ms. GINNY Burgess Engel (TX) Camp (MI) Feeney Kaptur BROWN-WAITE of Florida and Mr. Burton (IN) English (PA) Jefferson Campbell (CA) Ferguson Keller CALVERT changed their vote from Butterfield Eshoo Jindal Cannon Filner Kennedy Calvert Etheridge Johnson (GA) Cantor Flake Kildee ‘‘nay’’ to ‘‘yea.’’ Camp (MI) Everett Johnson (IL) Capito Forbes Kilpatrick So (two-thirds being in the affirma- Campbell (CA) Fallin Johnson, E. B. Capps Fortenberry Kind tive) the rules were suspended and the Cannon Farr Johnson, Sam Capuano Fossella King (IA) bill was passed. Cantor Fattah Jones (NC) Cardoza Foxx King (NY) Capito Feeney Jones (OH) Carnahan Frank (MA) Kingston The result of the vote was announced Capps Ferguson Jordan Carney Franks (AZ) Kirk as above recorded. Capuano Filner Kagen Carter Frelinghuysen Klein (FL) A motion to reconsider was laid on Cardoza Flake Kanjorski Castle Gallegly Kline (MN) Carnahan Forbes Keller Castor Garrett (NJ) Knollenberg the table. Carney Fortenberry Kennedy Chabot Gerlach Kucinich Stated for: Carson Fossella Kildee Chandler Giffords Kuhl (NY) Ms. CARSON. Madam Speaker, I was un- Carter Foxx Kilpatrick Clarke Gilchrest LaHood able to record my vote for rollcall vote 47. Had Castle Frank (MA) Kind Clay Gillibrand Lamborn Castor Franks (AZ) King (IA) Cleaver Gillmor Lampson I been able to record my vote, I would have Chabot Frelinghuysen King (NY) Clyburn Gingrey Langevin voted ‘‘yea.’’ Chandler Gallegly Kingston

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.041 H23JAPT1 ccoleman on PROD1PC61 with HOUSE H860 CONGRESSIONAL RECORD — HOUSE January 23, 2007 Kirk Murphy, Tim Sessions rules and passing the bill, H.R. 476, as Linder Pallone Shuler Klein (FL) Murtha Sestak Lipinski Pascrell Shuster Kline (MN) Musgrave Shadegg amended. LoBiondo Pastor Simpson Knollenberg Myrick Shays The Clerk read the title of the bill. Loebsack Paul Sires Kucinich Nadler Shea-Porter The SPEAKER pro tempore. The Lofgren, Zoe Payne Skelton Kuhl (NY) Napolitano Sherman Lowey Pearce Slaughter LaHood Neal (MA) Shimkus question is on the motion offered by Lungren, Daniel Pelosi Smith (NE) Lamborn Neugebauer Shuler the gentlewoman from California (Ms. E. Pence Smith (NJ) Lampson Nunes Shuster MILLENDER-MCDONALD) that the House Lynch Perlmutter Smith (TX) Langevin Oberstar Simpson suspend the rules and pass the bill, Mack Peterson (MN) Smith (WA) Lantos Obey Sires Mahoney (FL) Peterson (PA) Snyder Larsen (WA) Olver Skelton H.R. 476, as amended, on which the Maloney (NY) Petri Solis Larson (CT) Ortiz Slaughter yeas and nays are ordered. Manzullo Pitts Souder Latham Pallone Smith (NE) This will be a 5-minute vote. Marchant Platts Space LaTourette Pascrell Smith (NJ) Markey Poe Spratt Lee Pastor Smith (TX) The vote was taken by electronic de- Marshall Pomeroy Stark Levin Paul Smith (WA) vice, and there were—yeas 431, nays 0, Matheson Porter Stearns Lewis (CA) Payne Snyder not voting 4, as follows: Matsui Price (GA) Stupak Lewis (GA) Pearce Solis McCarthy (CA) Price (NC) Sullivan Lewis (KY) Pelosi Souder [Roll No. 49] McCarthy (NY) Pryce (OH) Sutton Linder Pence Space YEAS—431 McCaul (TX) Putnam Tancredo Lipinski Perlmutter Spratt McCollum (MN) Radanovich Tanner LoBiondo Peterson (MN) Stark Abercrombie Conaway Green, Al McCotter Rahall Tauscher Loebsack Peterson (PA) Stearns Ackerman Conyers Green, Gene McCrery Ramstad Taylor Lofgren, Zoe Petri Stupak Aderholt Cooper Grijalva McDermott Rangel Terry Lowey Pitts Sullivan Akin Costa Gutierrez McGovern Regula Thompson (CA) Lungren, Daniel Platts Sutton Alexander Costello Hall (NY) McHenry Rehberg Thompson (MS) E. Poe Tancredo Allen Courtney Hall (TX) McHugh Reichert Thornberry Lynch Pomeroy Tanner Altmire Cramer Hare McIntyre Renzi Tiahrt Mack Porter Tauscher Andrews Crenshaw Harman McKeon Reyes Tiberi Mahoney (FL) Price (GA) Taylor Arcuri Crowley Hastert McMorris Reynolds Tierney Maloney (NY) Price (NC) Terry Baca Cubin Hastings (FL) Rodgers Rodriguez Towns Manzullo Pryce (OH) Thompson (CA) Bachmann Cuellar Hastings (WA) McNerney Rogers (AL) Turner Marchant Putnam Thompson (MS) Bachus Culberson Hayes McNulty Rogers (KY) Udall (CO) Markey Radanovich Thornberry Baird Cummings Heller Meehan Rogers (MI) Udall (NM) Marshall Rahall Tiahrt Baker Davis (AL) Hensarling Meek (FL) Rohrabacher Upton Matheson Ramstad Tiberi Baldwin Davis (CA) Herger Meeks (NY) Ros-Lehtinen Van Hollen Matsui Rangel Tierney Barrett (SC) Davis (IL) Herseth Melancon Roskam Vela´ zquez McCarthy (CA) Regula Towns Barrow Davis (KY) Higgins Mica Ross Visclosky McCarthy (NY) Rehberg Turner Bartlett (MD) Davis, David Hill Michaud Rothman Walberg McCaul (TX) Reichert Udall (CO) Barton (TX) Davis, Jo Ann Hinchey Millender- Roybal-Allard Walden (OR) McCollum (MN) Renzi Udall (NM) Bean Davis, Lincoln Hinojosa McDonald Royce Walsh (NY) McCotter Reyes Upton Becerra Davis, Tom Hirono Miller (FL) Ruppersberger Walz (MN) McCrery Reynolds Van Hollen Berkley Deal (GA) Hobson Miller (MI) Rush Wamp McDermott Rodriguez Vela´ zquez Berman DeFazio Hodes Miller (NC) Ryan (OH) Wasserman McGovern Rogers (AL) Visclosky Berry DeGette Hoekstra Miller, Gary Ryan (WI) Schultz McHenry Rogers (KY) Walberg Biggert Delahunt Holden Miller, George Salazar Waters McIntyre Rogers (MI) Walden (OR) Bilbray DeLauro Holt Mitchell Sali Watson McKeon Rohrabacher Walsh (NY) Bilirakis Dent Honda Mollohan Sa´ nchez, Linda Watt McMorris Ros-Lehtinen Walz (MN) Bishop (GA) Diaz-Balart, L. Hooley Moore (KS) T. Waxman Rodgers Roskam Wamp Bishop (NY) Diaz-Balart, M. Hoyer Moore (WI) Sanchez, Loretta Weiner McNerney Ross Wasserman Bishop (UT) Dicks Hulshof Moran (KS) Sarbanes Welch (VT) McNulty Rothman Schultz Blackburn Dingell Hunter Moran (VA) Saxton Weldon (FL) Meehan Roybal-Allard Waters Blumenauer Doggett Inglis (SC) Murphy (CT) Schakowsky Weller Meek (FL) Royce Watson Blunt Donnelly Inslee Murphy, Patrick Schiff Westmoreland Meeks (NY) Ruppersberger Watt Boehner Doolittle Israel Murphy, Tim Schmidt Wexler Melancon Rush Waxman Bonner Doyle Issa Murtha Schwartz Whitfield Mica Ryan (OH) Weiner Bono Drake Jackson (IL) Musgrave Scott (GA) Wicker Michaud Ryan (WI) Welch (VT) Boozman Dreier Jackson-Lee Myrick Scott (VA) Wilson (NM) Millender- Salazar Weldon (FL) Boren Duncan (TX) Nadler Sensenbrenner Wilson (OH) McDonald Sali Weller Boswell Edwards Jefferson Napolitano Serrano Wilson (SC) Miller (FL) Sa´ nchez, Linda Westmoreland Boucher Ehlers Jindal Neal (MA) Sessions Wolf Miller (MI) T. Wexler Boustany Ellison Johnson (GA) Neugebauer Sestak Woolsey Miller (NC) Sanchez, Loretta Whitfield Boyd (FL) Ellsworth Johnson (IL) Nunes Shadegg Wu Miller, Gary Sarbanes Wicker Boyda (KS) Emanuel Johnson, E. B. Oberstar Shays Wynn Miller, George Saxton Wilson (NM) Brady (PA) Emerson Johnson, Sam Obey Shea-Porter Yarmuth Mitchell Schakowsky Wilson (OH) Brady (TX) Engel Jones (NC) Olver Sherman Young (AK) Mollohan Schiff Wilson (SC) Braley (IA) English (PA) Jones (OH) Ortiz Shimkus Young (FL) Moore (KS) Schmidt Wolf Brown (SC) Eshoo Jordan Moore (WI) Schwartz Woolsey Brown, Corrine Etheridge Kagen NOT VOTING—4 Moran (KS) Scott (GA) Wu Brown-Waite, Everett Kanjorski Buyer Norwood Moran (VA) Scott (VA) Yarmuth Ginny Fallin Kaptur Lucas Pickering Murphy (CT) Sensenbrenner Young (AK) Buchanan Farr Keller Murphy, Patrick Serrano Young (FL) Burgess Fattah Kennedy b 1427 Burton (IN) Feeney Kildee NOT VOTING—7 Butterfield Ferguson Kilpatrick So (two-thirds being in the affirma- Buyer McHugh Wynn Calvert Filner Kind tive) the rules were suspended and the Kaptur Norwood Camp (MI) Flake King (IA) bill, as amended, was passed. Lucas Pickering Campbell (CA) Forbes King (NY) Cannon Fortenberry Kingston The result of the vote was announced b 1419 Cantor Fossella Kirk as above recorded. Capito Foxx Klein (FL) A motion to reconsider was laid on So (two-thirds being in the affirma- Capps Frank (MA) Kline (MN) the table. tive) the rules were suspended and the Capuano Franks (AZ) Knollenberg Cardoza Frelinghuysen Kucinich f resolution was agreed to. Carnahan Gallegly Kuhl (NY) The result of the vote was announced Carney Garrett (NJ) LaHood CONGRATULATING ILLINOIS as above recorded. Carson Gerlach Lamborn STATE UNIVERSITY A motion to reconsider was laid on Carter Giffords Lampson Castle Gilchrest Langevin The SPEAKER pro tempore (Mr. the table. Castor Gillibrand Lantos LYNCH). The unfinished business is the f Chabot Gillmor Larsen (WA) question of suspending the rules and Chandler Gingrey Larson (CT) agreeing to the resolution, H. Res. 57. CONGRESSIONAL PENSION Clarke Gohmert Latham Clay Gonzalez LaTourette The Clerk read the title of the resolu- ACCOUNTABILITY ACT Cleaver Goode Lee tion. The SPEAKER pro tempore (Mrs. Clyburn Goodlatte Levin The SPEAKER pro tempore. The Coble Gordon Lewis (CA) BOYDA of Kansas). The unfinished busi- Cohen Granger Lewis (GA) question is on the motion offered by ness is the question of suspending the Cole (OK) Graves Lewis (KY) the gentlewoman from California (Mrs.

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JA7.014 H23JAPT1 ccoleman on PROD1PC61 with HOUSE January 23, 2007 CONGRESSIONAL RECORD — HOUSE H861 DAVIS) that the House suspend the McHugh Pryce (OH) Smith (WA) is now Washington State. It hosts its rules and agree to the resolution, H. McIntyre Putnam Snyder proud heritage with the Vancouver Na- McKeon Radanovich Solis Res. 57, on which the yeas and nays are McMorris Rahall Souder tional Historic Reserve. Fort Van- ordered. Rodgers Ramstad Space couver, Pearson Field, the site of the This will be a 5-minute vote. McNerney Rangel Spratt first transpolar aviation landing, a McNulty Regula The vote was taken by electronic de- Stearns host of historic achievements and won- Meehan Rehberg Stupak vice, and there were—yeas 423, nays 0, Meek (FL) Reichert Sullivan ders. not voting 11, as follows: Meeks (NY) Renzi Sutton I would invite everyone to join us in Melancon Reyes Tanner [Roll No. 50] Mica Reynolds America’s Vancouver on July 7 of this Tauscher Michaud Rodriguez year as we officially celebrate Amer- YEAS—423 Taylor Millender- Rogers (AL) Terry ica’s Vancouver’s 150th anniversary. Abercrombie Cuellar Hinojosa McDonald Rogers (KY) Ackerman Culberson Hirono Miller (FL) Rogers (MI) Thompson (CA) Mr. Speaker, I include for the Aderholt Cummings Hobson Miller (MI) Rohrabacher Thompson (MS) RECORD an article from the Columbian. Akin Davis (AL) Hodes Miller (NC) Ros-Lehtinen Thornberry Alexander Davis (CA) Hoekstra Miller, Gary Roskam Tiahrt [From the Columbian, Jan. 21, 2007] Allen Davis (IL) Holden Miller, George Ross Tiberi HAPPY 150TH! Altmire Davis (KY) Holt Mitchell Rothman Tierney Andrews Davis, David Honda Mollohan Roybal-Allard Towns And the most-senior city in Washington Arcuri Davis, Jo Ann Hooley Moore (KS) Royce Turner state is . . . Seattle? The biggest city in the Baca Davis, Lincoln Hoyer Moore (WI) Ruppersberger Udall (CO) Northwest and hub of the state’s economy, is Bachmann Davis, Tom Hulshof Moran (KS) Rush Udall (NM) a sad non-contender in the competition. It Bachus Deal (GA) Hunter Moran (VA) Ryan (OH) Upton was incorporated in 1869. Baird DeFazio Inglis (SC) Murphy (CT) Ryan (WI) Van Hollen And Spokane? The Capital of the Inland Baker DeGette Inslee Murphy, Patrick Salazar Vela´ zquez Baldwin Delahunt Israel Empire, as the second-largest city calls Murphy, Tim Sali Visclosky Barrett (SC) DeLauro Issa Musgrave Sa´ nchez, Linda Walberg itself, is practically a newborn. It was incor- Barrow Dent Jackson (IL) Myrick T. Walden (OR) porated in 1881 and just celebrated its 125th Bartlett (MD) Diaz-Balart, L. Jackson-Lee Nadler Sanchez, Loretta Walsh (NY) birthday anniversary. Barton (TX) Diaz-Balart, M. (TX) Napolitano Sarbanes Bean Dicks Jefferson Walz (MN) Walla Walla is older than that. It came Neal (MA) Saxton Wamp Becerra Dingell Jindal Neugebauer Schakowsky into being in 1862. Berkley Doggett Johnson (GA) Wasserman But Steilacoom (near Tacoma), now there’s Nunes Schiff Schultz Berman Donnelly Johnson (IL) Oberstar Schmidt Watson an old city: 1854. Berry Doolittle Johnson, E. B. Obey Schwartz Watt That was just one year after the oldest in- Biggert Doyle Johnson, Sam Olver Scott (GA) Waxman corporated city in Washington, Columbia Bilbray Drake Jones (NC) Ortiz Scott (VA) Weiner Bilirakis Dreier Jones (OH) Pallone Sensenbrenner City . . . Ooops . . . Columbia City was the Welch (VT) Bishop (GA) Duncan Jordan Pascrell Serrano name as late as 1850, when it was recognized Bishop (NY) Edwards Kagen Pastor Sessions Weldon (FL) as more than just a military or fur-trapping Bishop (UT) Ehlers Kanjorski Paul Sestak Weller post. But when it was incorporated seven Blackburn Ellison Kaptur Payne Shadegg Westmoreland years later, on Jan. 23, 1857, as the first city Blumenauer Ellsworth Keller Pearce Shays Wexler Blunt Emanuel Kennedy Whitfield in what would become Washington state, it Pence Shea-Porter was Vancouver. Our Vancouver! Boehner Emerson Kildee Perlmutter Sherman Wicker Bonner Engel Kilpatrick Peterson (MN) Shimkus Wilson (NM) The real newcomer is the other Vancouver, Bono English (PA) Kind Peterson (PA) Shuler Wilson (OH) in Canada, eh? Incorporation: 1886. So, if Boozman Eshoo King (IA) Petri Shuster Wilson (SC) nothing else, on Tuesday this week, when Boren Etheridge King (NY) Pitts Simpson Wolf Vancouver USA officially turns 150, you Boswell Everett Kingston Platts Sires Woolsey Boucher Fallin Kirk might silently pledge to pay no attention the Poe Skelton Wu next time someone suggests, as someone al- Boustany Farr Klein (FL) Pomeroy Slaughter Wynn Boyd (FL) Fattah Kline (MN) Porter Smith (NE) Yarmuth ways does, that we rename our city Fort Boyda (KS) Feeney Knollenberg Price (GA) Smith (NJ) Young (AK) Vancouver in order to avoid confusion with Brady (PA) Ferguson Kucinich Price (NC) Smith (TX) Young (FL) the bigger city to the north. We were here Brady (TX) Filner Kuhl (NY) first. Let them rename their city. Braley (IA) Flake LaHood NOT VOTING—11 Much of the story of Vancouver USA’s Brown (SC) Forbes Lamborn Buyer Lucas Stark Brown, Corrine Fortenberry Lampson early years and most famous people is effi- Cannon Murtha Tancredo Brown-Waite, Fossella Langevin ciently and colorfully told in words and pho- Cubin Norwood Waters Ginny Foxx Lantos Hinchey Pickering tographs in a special section in today’s Co- Buchanan Frank (MA) Larsen (WA) lumbian, ‘‘Vancouver, Washington—150 Burgess Franks (AZ) Larson (CT) b 1436 Years in the Making.’’ Frankly, it’s a hoot. Burton (IN) Frelinghuysen Latham There’s also an online slide show at colum- Butterfield Gallegly LaTourette So (two-thirds being in the affirma- bian com/video. Calvert Garrett (NJ) Lee tive) the rules were suspended and the Mayor Royce Pollard, who always calls the Camp (MI) Gerlach Levin resolution was agreed to. Campbell (CA) Giffords Lewis (CA) state’s oldest city ‘‘America’s Vancouver,’’ Cantor Gilchrest Lewis (GA) The result of the vote was announced will deliver his State of the City Address on Capito Gillibrand Lewis (KY) as above recorded. Tuesday, kicking off a year-long celebration. Capps Gillmor Linder A motion to reconsider was laid on While acknowledging the past, the speech Capuano Gingrey Lipinski Cardoza Gohmert LoBiondo the table. will fittingly look ahead. Pollard has titled his address, ‘‘Pride, Progress, Possibilities.’’ Carnahan Gonzalez Loebsack f Carney Goode Lofgren, Zoe The signature event of the 150th birthday Carson Goodlatte Lowey HAPPY BIRTHDAY VANCOUVER, will be on Saturday, July 7, at the Van- Carter Gordon Lungren, Daniel WASHINGTON couver National Historic Reserve, which Castle Granger E. long-time residents still refer to as ‘‘The Castor Graves Lynch (Mr. BAIRD asked and was given per- Barracks’’ and newer residents know as the Chabot Green, Al Mack mission to address the House for 1 Chandler Green, Gene Mahoney (FL) place they have the big fireworks shows on Clarke Grijalva Maloney (NY) minute and to revise and extend his re- the Fourth of July. The hope is to get coun- Clay Gutierrez Manzullo marks.) try singer Willie Nelson out for the event. He Cleaver Hall (NY) Marchant Mr. BAIRD. Mr. Speaker, it is a was a disc jockey in the mid-’50s at the old Clyburn Hall (TX) Markey 1 pleasure today to wish happy birthday KVAN radio station, 707 ⁄2 Main St. Coble Hare Marshall Cohen Harman Matheson to America’s Vancouver, Vancouver, In a Columbian editorial on May 31, 1921, Cole (OK) Hastert Matsui Washington. I rise in honor of the 150th the writer was effusive about the county and Conaway Hastings (FL) McCarthy (CA) birthday of Vancouver, Washington. As the town, noting that it was the world’s Conyers Hastings (WA) McCarthy (NY) we say back home, Vancouver not B.C., greatest prune producer, had ‘‘industrial pos- Cooper Hayes McCaul (TX) sibilities second to no other city on the globe Costa Heller McCollum (MN) Washington not D.C. . . . has the finest water in (the) state’’ and Costello Hensarling McCotter There was a place up north that was that its ‘‘beautiful homes (and) wide streets Courtney Herger McCrery not founded until 29 years later, so we Cramer Herseth McDermott elicit wonder from its visitors . . .’’ Crenshaw Higgins McGovern were the first. America’s Vancouver Such boosterism brings a snicker today, Crowley Hill McHenry was the first incorporated city in what but you gotta love the spirit behind it and

VerDate Aug 31 2005 04:17 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.047 H23JAPT1 ccoleman on PROD1PC61 with HOUSE H862 CONGRESSIONAL RECORD — HOUSE January 23, 2007 wish for more like it in this, Vancouver’s from New York be removed from the 1701 was passed. Among other things, 150th year. list of cosponsors for H.R. 217. 1701 called for a U.N. peacekeeping f The SPEAKER pro tempore. Is there force of up to 50,000 troops to assist the STATE OF THE UNION ROAD MAP objection to the request of the gen- Lebanese military to prevent tleman from New York? Hezbollah’s resurgence and rearma- (Ms. JACKSON-LEE of Texas asked There was no objection. ment in southern Lebanon. and was given permission to address Unfortunately, these troops have not the House for 1 minute and to revise f stopped Syria and Iran from rearming and extend her remarks.) SPECIAL ORDERS Ms. JACKSON-LEE of Texas. Mr. Hezbollah, and Israel must watch as Speaker, in a few hours we will be lis- The SPEAKER pro tempore. Under this threat is re-emerging just miles tening to the President provide us with the Speaker’s announced policy of Jan- from its border. a road map for the State of the Union. uary 18, 2007, and under a previous Mr. Speaker, I submit for the RECORD I ask the President as he comes to this order of the House, the following Mem- this recent article that appeared in House and this place to recognize that bers will be recognized for 5 minutes Jane’s Defence Weekly. It details some we are in this together and we look for- each. of the problems Lebanese and U.N. ward to working together. f forces are having stopping the move- But it certainly should be part of the The SPEAKER pro tempore. Under a ment of weapons across the Syrian- conscience of this body and of America previous order of the House, the gentle- Lebanese border. What is clear from that our soldiers remain in serious woman from North Carolina (Ms. FOXX) this article, and numerous other re- jeopardy, not because they have not is recognized for 5 minutes. ports, is that Hezbollah is rearming done their job, but because we have not (Ms. FOXX addressed the House. Her and gaining autonomy again in south- done ours. remarks will appear hereafter in the ern Lebanon. When soldiers can be dressed in semi- Extensions of Remarks.) Just last week in an interview, American uniforms and wage attacks Hezbollah’s leader, Hassan Nasrallah, on unsuspecting U.S. military, we have f promised that Hezbollah would inten- a problem. The SPEAKER pro tempore. Under a sify its campaign to bring down the Mr. Speaker, I am asking for a seri- previous order of the House, the gen- Lebanese Government in the coming ous consideration of the cutting of tleman from California (Mr. GEORGE days and weeks. Israel and the United funds to this war in terms of its plus- MILLER) is recognized for 5 minutes. States cannot let this happen, and we up, a new direction, and a political dip- (Mr. GEORGE MILLER of California must support Israel’s right to defend lomatic approach allowing Iraq to pro- addressed the House. His remarks will itself before its civilians are indis- vide its own security with our tech- appear hereafter in the Extensions of criminately attacked once again. nical support. Remarks.) Over the years, we have watched as It is now time to celebrate the heroes f Israel has made unilateral concessions, of our military and to bring our sol- A TERRORIST GROUP REARMS withdrawing from Lebanon in 2000 and diers home. I look forward to the mes- withdrawing from Gaza in 2005, and sage on the State of the Union. The SPEAKER pro tempore. Under a each concession has resulted in grow- f previous order of the House, the gen- ing threats on its borders and attacks tleman from Texas (Mr. GENE GREEN) on its soldiers and citizens. ANNOUNCEMENT BY THE SPEAKER is recognized for 5 minutes. PRO TEMPORE After entering southern Lebanon to Mr. GENE GREEN of Texas. Mr. battle Hezbollah militants last sum- The SPEAKER pro tempore (Mr. Speaker, today in Lebanon, protesters mer, Israel again withdrew under LYNCH). After consultation among the are rioting, burning tires and cars, and United Nations Resolution 1701, passed Speaker and the majority and minority crippling Beirut to oppose the govern- sending international troops to south- leaders, and with their consent, the ment of Lebanese Prime Minister Fuad ern Lebanon with the promise that the Chair announces that, when the two Saniora. international troops would assist Leb- Houses meet tonight in joint session to The majority of the opposition comes anon’s military to prevent Hezbollah hear an address by the President of the from Hezbollah and its supporters seek- from rearming. United States, only the doors imme- ing more influence in Lebanon’s gov- Again, the promises of security made diately opposite the Speaker and those ernment. to Israel by the international commu- immediately to her left and right will At the same time, one of our close al- nity have not been fulfilled and be open. lies is forced to watch these riots as a Hezbollah is getting stronger. No one will be allowed on the floor of recurring threat is building on its bor- the House who does not have the privi- Mr. Speaker, I urge my colleagues ders. and the international community to lege of the floor of the House. Due to Last summer we watched as the ter- the large attendance that is antici- join me in looking for a solution to rorist group Hezbollah kidnapped two this situation. As a close ally, we pated, the rule regarding the privilege Israeli soldiers and killed eight others of the floor must be strictly enforced. should ensure Israel’s hands are not and began firing missiles into Israeli Children of Members will not be per- tied while this threat builds on its bor- cities intentionally targeting civilian mitted on the floor. The cooperation of der, and we should address this growing populations and infrastructure. all Members is requested. problem before Hezbollah again decides The practice of reserving seats prior This group was supplied by Syria and to attack Israeli soldiers and civilians. to the joint session by placard will not Iran for years, and built up stockpiles [From Jane’s Defence Weekly, Jan. 3, 2007] of weapons after Israel completely be allowed. Members may reserve their IRAN REPLENISHES HIZBULLAH’S ARMS withdrew from southern Lebanon in seats only by physical presence fol- INVENTORY lowing the security sweep of the Cham- 2000 in accordance with United Nations (By Robin Hughes) Security Council Resolution 425. ber. Some five months after UN Resolution 1701 Without prejudice to the possible re- Israel responded in self-defense and halted the conflict in south Lebanon between sumption of legislative business, the launched an offensive in southern Leb- Israel and the Islamic Resistance—the armed Chair will now recognize Members for anon to destroy the weapons caches wing of Shi’ite Party of God (Hizbullah), Iran Special Orders not beyond 5 p.m., at and Hezbollah’s bunkers. Fortunately, has replenished Hizbullah’s depleted stocks which time the Chair will declare the the Israeli Air Force was able to de- of surface-to-surface rockets and anti-tank House in recess. stroy many of the longer range rockets guided weapons (ATGWs). Hezbollah possessed, but thousands of Prior to the onset of the conflict on 12 f shorter-range rockets were indiscrimi- July, Western intelligence agencies esti- mated that Hizbullah had amassed an inven- REMOVAL OF NAME OF MEMBER nately fired at Israeli towns and vil- AS COSPONSOR OF H.R. 217 tory of some 12,000 rockets of various cali- lages. bres. During the conflict the Islamic Resist- Mr. SERRANO. Mr. Speaker, I ask After 2 months of fighting, United ance expended about 4,000 rockets, while its unanimous consent that Mr. CROWLEY Nations Security Council Resolution longer-range systems, namely the Iranian-

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JA7.016 H23JAPT1 ccoleman on PROD1PC61 with HOUSE January 23, 2007 CONGRESSIONAL RECORD — HOUSE H863 supplied 50 km range Fajr–3, the 70 km range (UNIFIL–2) are patrolling Lebanese waters pointment of the following Members of Fajr-S, the 125 km-range Zelzal 1 and 210 km- and inspecting ships approaching the coun- the House to the Select Intelligence range Zelzal 2 rocket systems were not em- try to prevent maritime smuggling. Oversight Panel of the Committee on ployed, having sustained considerable dam- A Western diplomatic source told Jane’s Appropriations: age as a result of Israel Air Force (IAF) that the Islamic Resistance—citing lessons strikes. learned in the early stages of the conflict Mr. HOLT, New Jersey, Chairman Hizbullah emerged from the conflict stra- where it lacked the means to contend with Mr. OBEY, Wisconsin tegically weaker, and, with the implementa- IAF operations—has specifically pressured Mr. MURTHA, Pennsylvania tion of Resolution 1701, lost its autonomy in Iran for ‘‘an array of more advanced weap- Mr. REYES, Texas south Lebanon. onry, including surface-to-air missile [SAM] Mr. DICKS, Washington A Western defence source told Jane’s that systems.’’ Mrs. LOWEY, New York Iran, with Syrian compliance, has now The source said that ‘‘following the supply Mr. CRAMER, Alabama ramped up deliveries of rockets, ATGWs and of an undisclosed quantity of Iranian-made Mr. SCHIFF, California other advanced systems in ‘‘an effort to re- Noor [reverse-engineered Chinese C802/YJ–2] habilitate Hizbullah’s military strength and radar-guided anti-ship cruise missiles and Mr. LAHOOD, Illinois, Ranking Minor- status’’. Chinese QW–1 [Vanguard] shoulder-launched ity Member The underlying message here is one of ‘‘un- SAMs’’, Iran has agreed to supply advanced Mr. LEWIS, California finished business’’ or preparation for a sec- Russian-made SAM systems to Hizbullah as Mr. YOUNG, Florida ond stage of operations. part of its strategy to transform Hizbullah Mr. HOEKSTRA, Michigan Ali Akbar Mohtashemi Pour, Iran’s former ‘‘into a coherent fighting force and a re- Mr. FRELINGHUYSEN, New Jersey. ambassador to Syria and one of the main gional strategic arm’’. forces behind the foundation of Hizbullah, The source added that Tehran will supply f confirmed on 1 November in an interview Hizbullah with Russian-produced SAMs, in- The SPEAKER pro tempore. Under a with the AKI news agency that Tehran had cluding the Strela-2/2M (SA–7 ‘‘Grail’’), previous order of the House, the gen- begun restocking Hizbullah with weapons. Strela-3 (SA–14 ‘‘Gremlin’’) and Ilgla-lE (SA– tleman from North Carolina. (Mr. Later, on 6 November, Mohtashemi Pour 16 ‘‘Gimlet’’) man-portable SAMs. Iran is noted that Tehran had ‘‘started to re-arm JONES) is recognized for 5 minutes. also understood to have agreed to deliver its (Mr. JONES of North Carolina ad- Hizbullah for all its needs’’. own version of the Chinese QW–l man-port- The extent of this commitment was borne able low- to very-low-altitude SAM system— dressed the House. His remarks will ap- out in a speech by Hizbullah Secretary Gen- the Mithaq-l—developed by the Iranian pear hereafter in the Extensions of Re- eral Sheikh Hassan Nasrallah at the Divine Defence Ministry’s Shahid Kazemi Industrial marks.) Victory Rally in Beirut on 22 September. Complex in Tehran. f ‘‘The resistance today has more than 20,000 Iran has, in the interim, set out to restock rockets. The resistance is today stronger Hizbullah’s inventory of 122 mm Grad-series CONGRATULATING THE RICHLAND than on July 12 and stronger than ever be- Katyusha rockets, 240 mm Fajr-3 and 333 mm SPRINGS COYOTES FOOTBALL fore,’’ he said. Fajr-5 rockets, truck-mounted Falaq-l and TEAM While these numbers have yet to be inde- Falaq-2 truck-mounted multiple-launch pendently confirmed, the source noted that rockets systems, RAAD–T and Toophan The SPEAKER pro tempore. Under a the Iranian unit charged with liaising with ATGWs and Nader improved rocket-propelled previous order of the House, the gen- Hizbullah, the Iranian Islamic Revolutionary grenades (RPGs), the source said. However, tleman from Texas (Mr. CONAWAY) is Guards Corps (IRGC) ‘‘Qods Force’’—cur- to date there is no evidence that Tehran is recognized for 5 minutes. rently headed by IRGC Brigadier General replenishing Hizbullah’s Zelzal-series longer- Mr. CONAWAY. Mr. Speaker, I rise Kazem Soleimani—has, since the end of the range rockets, although sources suggest conflict, significantly stepped up the trans- today to commend the Richland these could still be smuggled in separate Springs Coyotes football team for win- fer of war materiel, along with funding, component packages. training and intelligence on Israel, to the Is- Syria, the source said, continues to resup- ning the 2006 Six-Man Division 1 State lamic Resistance. ply Hizbullah with 220 mm and 302 mm rock- Champions and the Sports Illustrated Much of this weapons supply has been fa- ets (dubbed Raad and Khaibar-l (M302 by the six-man football poll national cham- cilitated by the compliance of Damascus in IDF) respectively); Kornet-E, Metis-M and pionship. With its second national smuggling weapons across its borders, the Konkurs ATGWs; and RPG–29 tandem-war- source claimed. ‘‘While Iran is the key weap- crown in 3 years, Richland Springs be- head RPGs. on supplier, Syria was, and still is, the domi- comes only the third school to achieve These moves come despite offers to Israel nant if not exclusive channel for weapons such an honor. from Syrian President Bashar al-Assad on 19 transfer to Hizbullah. This operation is led Playing before a record crowd of December to crack down on Hizbullah and by Syrian military officers in co-operation the Palestinian Islamic Resistance Move- 12,000 fans at Abilene’s Shotwell Sta- with senior IRGC officials in Iran and ment, Hamas, in exchange for a return to ne- dium, they defeated the Rule Bobcats Syria,’’ the source added. gotiations. by a score of 78–58, finishing the year However, most of the rockets fired on with a perfect 14–0 record. The Coyotes Israel during the conflict were Syrian made f and the majority of ATGW deployed by broke the 1988 record for the highest Hizbullah were Russian made, acquired and b 1445 score in a championship game and amazed the fans with their speed and supplied by Syria. APPOINTMENT OF MEMBERS TO Terje Roed-Larsen, the UN Secretary Gen- skill by recovering the on-side kick to BOARD OF REGENTS OF THE eral’s Special Envoy for the Implementation open the game. SMITHSONIAN INSTITUTION of Security Council Resolution 1559, an- Six-man football has a long history nounced on 31 October that he had received The SPEAKER pro tempore (Mr. in Texas. From its beginning in 1938, reports from Lebanese government officials LYNCH). Pursuant to sections 5580 and Texas now has over 102 public schools of ‘‘extensive weapons smuggling into Leb- 5581 of the Revised Statutes (20 U.S.C. anon’’. and as many as 60 private schools con- In an unprecedented step, the Lebanese 42–43), and the order of the House of tinuing this proud tradition of six-man armed forces have deployed over 8,000 troops January 4, 2007, the Chair announces football. along the 265 km Lebanon-Syria border to the Speaker’s appointment of the fol- I want to recognize the tireless ef- counter these activities. lowing Members of the House to the forts of Coach Burkhart, Coach While they have managed limited suc- Board of Regents of the Smithsonian Ethridge, Coach Dodson, and Coach cesses, ‘‘the length of the border and the Institution: Rogers for the national and State titles forces allocated for the mission by the gov- Mr. BECERRA, California ernment are insufficient’’, the sources said. that they have brought to Richland ‘‘Moreover, because of the sensitivity of Ms. MATSUI, California. Springs. the issue and the considerable concern over f I also want to recognize members of Hizbullah’s military strength—where the the team: Coey Smith, Jeremiah Rami- Lebanese forces do not want to openly con- APPOINTMENT OF MEMBERS TO rez, Cason Fikes, Houston Burleson, front Hizbullah—the general trend is to turn SELECT INTELLIGENCE OVER- Mark Williams, Haustin Burkhart, a blind eye toward the border activity and to SIGHT PANEL Kevin Larson, Shelby Smith, James detect and cover up exposed weapon smug- gling incidents as quickly as possible,’’ the The SPEAKER pro tempore. Pursu- Farris, Nigel Bates, Mitchell Jacobson, source said. ant to clause 4(a)(5) of rule X, and the Andrew Fowler, Chevy Saldivar, Tyler At the same time, 19 vessels of the rein- order of the House of January 4, 2007, Ethridge, Richie Daniels, Adrian Avila, forced UN Interim Force in Lebanon the Chair announces the Speaker’s ap- Bobby Borders, Khalid Khatib, Patrick

VerDate Aug 31 2005 04:17 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JA7.023 H23JAPT1 ccoleman on PROD1PC61 with HOUSE H864 CONGRESSIONAL RECORD — HOUSE January 23, 2007 Couch, Genero Hernandez, Randy among us. He wants to extend, to make war; with this Nation’s having spent Couch, Daniel Barrett, Abraham permanent, all of his tax cuts; exempt over $400 billion in the war and, accord- Ahumada, Branch Vancourt, C.J. all estates from taxes; and says he is ing to Nobel Prize winning economist Finke, Dean King, Dean Charriez, going to balance the budget. Well, if he Joseph Stieglitz, will spend up to $2 Jesstin Fox, and Ryan Soto. was really going to do that by the year trillion for the war in Iraq, we have I congratulate the Richland Springs 2012, he would have to eliminate the seen the hopes and the aspirations of Coyotes on their national and State Federal Government except for the De- the American people for more jobs, for championships and wish them the best partment of Defense, a little bit of the better housing, for decent health care, of luck next season. Department of Homeland Security, be- for education for their children just f cause the projected deficit is as large swept aside as the administration fo- The SPEAKER pro tempore. Under a as about the rest of the discretionary cuses intently not only on the war, but previous order of the House, the gentle- budget if his tax cuts are maintained. escalating the war. woman from California (Ms. WOOLSEY) You have to begin to raise revenues I think all across this country people is recognized for 5 minutes. from the wealthiest among us to ad- are hopeful that America will have a (Ms. WOOLSEY addressed the House. dress this gaping maw hole, the deficit. new agenda, one which will recognize Her remarks will appear hereafter in And then there is one very important that we must focus on America’s basic the Extensions of Remarks.) problem where he isn’t even pretending needs. It is time for America to come f to change direction, one where a ma- home. Come home and start taking jority of the American people and a care of the needs of our people here for THE PRESIDENT’S STATE OF THE majority of the United States disagree decent housing, the needs of our people UNION SPEECH with the President’s nostrum, and that for health care. Over 100 million Ameri- The SPEAKER pro tempore. Under a is his desire to escalate the war in Iraq cans either have no health insurance or previous order of the House, the gen- as a way out. Defying his own Joint lack access to adequate health insur- tleman from Oregon (Mr. DEFAZIO) is Chiefs of Staff and the senior officers ance, and yet we are about destroying recognized for 5 minutes. and advisers in the military; defying the health of the people of Iraq instead Mr. DEFAZIO. Mr. Speaker, well, this the Prime Minister of Iraq, who said we of focusing on the needs of our people evening the President, in bowing to the shouldn’t put more Americans into here back home. electoral reality of last November and, Baghdad; defying the American people; Martin Luther King said it years ago with finally some recognition of real and defying this Congress, the Presi- in his speech at Riverside Church in problems confronting our Nation and dent is going to offer us more stay the New York. He said that the hopes and our citizens, is about to begin, in his course in Iraq and try to spin it into a the aspirations of people of two coun- State of the Union, to address the issue new policy that will lead to success. tries were being set aside. He was of the need for an expansion of health We want to succeed, but to succeed, speaking of Vietnam and the United insurance. Forty-six million Americans the Iraqi Government has to be willing States. Today the hopes and the aspira- lack health insurance, 1 million more to take on some of its own problems. tions of people of two countries, of Iraq per year every year this President has The Shiias and the Sunnis have got to and the United States, are being set been in office. He will also address the stop slaughtering each other trying to aside in this head-long rush to esca- issues of energy efficiency, energy settle a 1,400-year-old grudge and put- lation of a war. independence, and global warming; and ting us in the middle of their civil war. Now, what should be our policies, and we welcome some remarks from the They have got to begin to meaningfully what steps should we take? First of all, President in those areas. And he is share power, and they have got to this isn’t just about opposing esca- going to address the debt and the def- begin to resolve their own issues. And lation. I would say that is pretty easy icit. the U.S. sending more troops is not to do based on the record of this ad- We welcome this new focus on these going to lead them down that path. ministration’s conduct of the war. But extraordinarily important and difficult So I fear that what the President is we should be taking a strong stand issues that have been pretty much ig- proposing there will lead to more con- against the occupation. We should be nored during his Presidency. Unfortu- flict. It may look good in the short demanding that the United States end nately, his rhetorical U-turn is not term, but long term it is not going to the occupation, that we bring our going to be matched by the reality of resolve this very difficult issue. troops home, that we close our bases. his proposals. In order to provide I hope that the President offers us That then will set the precondition health insurance to 46.1 million people some real changes in direction tonight that is necessary for the world commu- who don’t have it, he says we should and not just a rhetorical U-turn to bow nity to come together and support a tax people who do have health insur- to the reality of the elections. peacekeeping and security mission in ance. Iraq. That then sets the stage for the Now, that is interesting because the f Iraqi people to reach a moment of pos- President, of course, gets his health in- The SPEAKER pro tempore. Under a sibility for reconciliation between the surance for free. And his proposal previous order of the House, the gen- Shiites, the Kurds, and the Sunnis. It is would also extend tax benefits to the tleman from Texas (Mr. POE) is recog- absolutely imperative that the United wealthiest among us because many nized for 5 minutes. States announce that it is going to end people who don’t have health insurance (Mr. POE addressed the House. His the occupation because it is the occu- can’t benefit from tax breaks. They remarks will appear hereafter in the pation which is fueling the insurgency. don’t pay Federal income taxes. Extensions of Remarks.) Tonight the Nation is waiting for a That is not a real solution. A real so- f new direction. It is not looking for lution would be to take on the anti- more war. It is not looking for more trust immunity of the insurance indus- WE NEED A NEW DIRECTION casualties. It is not looking for a con- try, estimated to raise $45 billion, sav- The SPEAKER pro tempore. Under a tinued destruction of our domestic ing consumers that money. That is the previous order of the House, the gen- agenda. So we are here to state that cost of uninsured health care in Amer- tleman from Ohio (Mr. KUCINICH) is rec- there is a plan, and I have submitted it. ica. ognized for 5 minutes. The Kucinich 12-point plan is the Energy efficiency and independence, Mr. KUCINICH. Mr. Speaker, a State plan that sets the stage for America to well, we will wait and hear what the of the Union Address is an opportunity take a new direction. That direction is President has to say. But remember a for the Nation to take stock of where it out of Iraq, but it is also a direction of year ago, he talked about our addiction is at this exact moment. reconciling with the world community to oil, and all his policies have been de- It is obvious that the entire domestic because the way this administration signed to further that addiction thus agenda has been swallowed up by the responded to 9/11 separated us from the far. war in Iraq. With over 3,000 U.S. sol- world community. At a moment when On the debt and the deficit, he still diers killed in action; with over 650,000 the whole world was ready to embrace wants to cut taxes for the wealthiest innocent Iraqi civilians dead in the the United States in its suffering and

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.056 H23JAPT1 ccoleman on PROD1PC61 with HOUSE January 23, 2007 CONGRESSIONAL RECORD — HOUSE H865 to work with us to meet the challenges munities are infected with burglaries, Let’s say the people in the Middle of security, we set ourselves apart with with robberies, with personal assaults East want to get something into the strategies of unilateralism, first strike, related to the abuse of drugs in our United States. You mean to tell me and preemption. We need to replace country. I will be very interested to see they haven’t thought about this? Of that with strategies of embracing the what the President has to say about course they have. And we know that world community, of working together, that war on terrorism tonight that af- drug presence leads to more violence of recognizing that the world is inter- fects every single neighborhood in this and more corruption at every level. dependent, interconnected. And be- country. An unreleased Drug Enforcement cause of that, we understand the com- NAFTA brings a significant increase Agency report notes that drugs, weap- mon fate which we all have on this in cargo traffic across our southern ons, people traffickers, and terrorist planet to work together, to put to- border and thus strains the enforce- organizations have to cross the border gether structures of peace internation- ment efforts of our border patrols and from Mexico into the United States, ally. enables traffickers and terrorists. In and they will use one of the many cor- And the United States must take fact, 9,300 commercial trucks cross our ridors available to them. I hope that that direction. We must engage with border daily. 9,300 more trucks. And do the President of the United States to- Iran and Syria. We must reach out to you know how many we inspect? Five night talks about securing our south- the region and look for a solution and percent. Five percent. So there is a 95 ern border. find that solution which will enable us percent chance for smugglers who are [From the Inland Valley Daily Bulletin, Dec. to bring our troops home. We can have out there, whatever they want to get 27, 2006] our troops home in 3 months if we can into this country, that will be their CROSSROADS OF CONFLICT—WORLD TRADE come up with an agreement and a new rate of success. BRIDGE HAS CHANGED THE U.S.-MEXICO direction, and we should be about that Now, the Mexican Government is BORDER, FOR GOOD AND BAD work. working very hard to build a four-lane (By Sara A. Carter) Mr. Speaker, the American people highway which they call La Entrada al LAREDO, TEXAS.—The mammoth globe on want health care. The American people Pacifico, the Entrance from the Pa- the World Trade Bridge spins in the glow of want jobs. The American people want cific. And the idea there would be to re- the Texas moon, welcoming hundreds of education for their children. The Amer- direct so much of the traffic from Asia, cargo trucks from Mexico to the United from China, these big ships that are States’ largest inland port. ican people want retirement security. Nighttime is the slowest time for the And our whole domestic agenda is sac- bound for the United States, from the bridge. rificed for this war. west coast, Ports of Los Angeles and During the day, literally thousands of It is time for a new direction. It is Oakland, further south, and stretch the trucks cross the span into the U.S., headed time for a State of the Union which actual shipping lanes into Mexico for destinations scattered throughout the celebrates what we have in America versus the United States. It is esti- Midwest and East and north into Canada. that needs to be improved, which re- mated that as much as 30 percent of Traffic between Laredo and Nuevo Laredo, the truck traffic will also be diverted on Mexico’s side of the bridge, is only ex- states the American vision of a Nation pected to increase in coming years with Mex- for all, and which takes us away from from California and El Paso to the ico anticipating billions of dollars in new policies of endless war. ports of entry at Presidio. trade, mainly from China, on its way to the The idea is that the highway into our f United States, according to a U.S. Drug En- country would begin further south forcement Administration executive sum- NAFTA AND THE DRUG TRADE where goods would come in in deep- mary. The SPEAKER pro tempore. Under a water ports, and the completed route Increasing trade has, however, been previous order of the House, the gentle- would save up to 4 shipping days for matched by growth in corruption and death goods moving between the Pacific Rim in both border cities, though U.S. and Mexi- woman from Ohio (Ms. KAPTUR) is rec- can officials are loathe to admit it. ognized for 5 minutes. countries and Texas, which would be $142 billion in drug trade between the U.S. Ms. KAPTUR. Mr. Speaker, this one of the major ports of entry into our and Mexico, according to the U.S. Drug En- evening we are going to listen to the country. forcement Administration. President of the United States, and I The problem is that we really haven’t 86,000 Transportation jobs created as a re- have no doubt in the State of the addressed the issue of drug smuggling sult of the World Trade Bridge. Union he will talk about the war on as a part of this. Ninety percent, again, 9,300 Commercial trucks pass through the World Trade Bridge daily. terrorism, and he will talk about the of all drugs smuggled into this country come over the Mexican border. That 90% of all drugs smuggled into the United need to create jobs in Iraq to stabilize States enter through its border with Mexico. the terrible situation there, and he will area has become almost lawless. Hun- The prospect of expanded trade in Mexican talk about more funds for reconstruc- dreds of murders related to drug traf- states controlled by some of the country’s tion of Iraq. Our Nation has already ficking go unaddressed both on the most dangerous cartel leaders could pose se- spent over $500 billion and rising in Mexican side of that border and our rious national security challenges for the that sad country. side. We really need to have a border United States, an internal DEA report ob- tained by the Daily Bulletin explains. But I would like to focus on the enforcement organization that is nego- tiated by treaty by amending NAFTA The report, which has never been released, United States just for a second, if I examines how already strained federal law could, and talk about the terrorism fo- in order that we can have proper en- enforcement agencies monitoring border se- cused inside of this country and point forcement along that very porous part curity and narcotics will be challenged by out that 90 percent of all the drugs that of our country which makes us so vul- not only Mexican and South and Central are smuggled into this country enter nerable. American drug trafficking organizations, but through our border with Mexico, and Our border guards are overwhelmed. also by Asian cartels. that is according to our State Depart- We know that pedestrian traffic has in- With slim resources to monitor cargo and inadequate border security measures in ment. In fact, under NAFTA, the North creased by 55 percent across that bor- der, according to the Drug Enforce- place, it will be next to impossible for U.S. American Free Trade Agreement, agencies to stem the tide of contraband ex- which his father negotiated, drug and ment Administration, and all kinds of pected to enter the country from Mexico, the drug-related smuggling across the vehicular traffic. Can you imagine that DEA report warns. Agencies will be hard- Mexican border has risen to over $142 one place on that border accounts for pressed to monitor the billions of dollars in billion a year, according to our Drug 70 to 90 percent of the cocaine sold in contraband expected to enter the nation if Enforcement Agency. the United States smuggled through U.S. officials don’t take heed. that region? In fact, the drug cartels ‘‘Contraband can be anything from nar- b 1500 have moved up their major source of cotics, pirated videos, humans or weapons of Every single community in our coun- operation in Colombia up to the state mass destruction,’’ said David Monnette, spokesman for the DEA in EI Paso, Texas. try is affected, not just border commu- of Juarez, and now control the state of ‘‘These drug trafficking organizations know nities. Every single jail, every single Juarez just south of the State of Texas. that we are spread thin, and many times sheriff, every single law enforcement This is real terrorism poised at our they use legitimate trade routes to move official, every single prison. Our com- country. their contraband into the United States.

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.060 H23JAPT1 ccoleman on PROD1PC61 with HOUSE H866 CONGRESSIONAL RECORD — HOUSE January 23, 2007 This report explains the possible dangers of eclipsed by the increased amount of contra- Those plans include finishing the Trans- not addressing these issues.’’ band . . . slipping across borders.’’ Texas Corridor, which would open the high- TRADE ROUTE Hidden among the televisions, pin˜ atas and ways to future shipping of cargo from La´ zaro ´ A joint venture of Texas and the Mexican clothing are heroin, cocaine and meth- Cardenas, whose biggest investors are Hong government, La Entrada al Pacifico (Gate- amphetamine, law enforcement officials say. Kong-based Hutchison Port Holdings Group way to the Pacific) which also is the title of Worse are weapons and people, and the possi- and Wal-Mart. Those two firms already have the DEA report is meant to get more goods bility of terrorist organizations using gaps in invested more than $300 million to expand from Asia north into the United States. border security to put their agents in the the container port. The plan which involves redirecting more United States. ‘‘. . . All such ventures have For many business and political leaders, than half of East Coast-bound Asian cargo one common factor: They have to cross the the economic growth promised by Gateway from the ports of Long Beach and Los Ange- border from Mexico into the U.S., and they to the Pacific and the Trans-Texas Corridor les to Mexico will stretch the power of Mexi- will use one of several corridors available to outweighs any perceived danger about na- can cartels while aligning them with Asian do so,’’ the DEA report points out. ‘‘La tional security or increased drug trafficking. That philosophy seems to be heard even in drug-trafficking organizations, according to Entrada al Pacifico is one of the corridors.’’ the words of former Laredo Mayor Elizabeth the DEA report. That report focuses on the THE BRIDGE Flores, who was criticized publicly earlier Mexican port of Topolobampo, Sinaloa, on With the ports of Long Beach and Los An- this year for playing down the escalation of Mexico’s southwestern coast. ´ geles already stretched to capacity, Lazaro violence in Nuevo Laredo. But Topolobampo has taken a back seat ´ Cardenas’ ability to handle billions of dollars ‘‘We’ve lived with the cartels all of our during the past year to another port, La´ zaro worth of cargo from Asia is proving a god- lives,’’ Flores said in an interview a few Ca´ rdenas, just 72 hours from Laredo. send to global corporations and city leaders weeks before she left office. ‘‘They are a part La´ zaro Ca´ rdenas, the deepest container in the American southwest. of life on the border. Eventually, one will port on the Pacific, is in southern Mexico, in For their part, Port of Los Angeles offi- take control, and the killings will slow Michoaca´ n. The volume of re-routed trade cials say they don’t expect the Mexican port down.’’ through it is expected to explode within the to siphon off anywhere near the amount of The business La´ zaro Ca´ rdenas will bring to next four years. cargo called for in the Gateway to the Pa- Laredo and Nuevo Laredo could transform And that’s troubling to U.S. authorities. cific Plan, though they admit business is both cities, Flores added. ‘‘The (plan) represents an expanding threat booming. ‘‘It’s about growth, not death,’’ she said. to the U.S. for drug, weapon and alien smug- Theresa Adams Lopez, the L.A. port’s With billions of dollars in legal trade at gling, as well as related crime, through a 260- media director, said she disagrees with the stake, bad publicity simply isn’t something mile stretch of Texas into the heartland of assumption that half of the Asian cargo business leaders or politicians are willing to the U.S.,’’ the report states. ‘‘(Drug traf- headed to Los Angeles will be diverted to acknowledge, others say. ficking organizations) will be able to exploit ports in Mexico. ‘‘See no evil, hear no evil,’’ said Webb the new corridor through the use of estab- ‘‘Our cargo is expected to double and triple County Sheriff Rick Flores, who testified be- lished smuggling networks and associations in the upcoming years,’’ she said. ‘‘The bulk fore Congress numerous times this year with Mexican drug trafficking organizations. of it is still going to come in through the about growing violence in Laredo, the coun- ‘‘They may evade U.S. law enforcement Port of L.A. and through our partner, the ty’s largest city, and along the border. under the guise of the North American Free Port of Long Beach. ‘‘That’s the way they want it, and that’s Trade Agreement (NAFTA) and use estab- ‘‘A lot of the problem with new develop- what they have done.’’ lished Asian communities in the U.S. for the ments like the one in Mexico is the infra- VIOLENT NEIGHBOR distribution of drugs.’’ structure rail and roads to get things out. Lost in the talk about bigger business and PIGGY-BACKING Coming here is literally one stop, and going improved trade is the picture of life on the there would be two stops first from their Ninety percent of all non-domestic nar- street in Nuevo Laredo. cotics enter the U.S. through the Mexican original destination, and then through Mex- The drug cartels have compromised truck border, according to a 2005 U.S. State De- ico to the United States. drivers, U.S. Customs inspectors at ports of partment report. ‘‘There is plenty of cargo to go around,’’ entry and business owners on both sides of Drugs are a multibillion-dollar industry she said. ‘‘But the contention that half of the river, according to residents and law en- for cartels in Latin America. The National our business will go away is not true.’’ forcement officials. Drug Intelligence Center conservatively esti- Regardless, Laredo officials are pinning And then there are the killings, which mates more than $108 billion roughly equal their hopes on increased port business, and come on a stunningly regular basis. to the combined gross domestic product of tout the World Trade Bridge and its ability The sound of gunfire in the distance Ecuador and Guatemala in drugs comes into to handle cargo from places like La´ zaro doesn’t seem to shock residents in the heart the U.S. yearly. The U.S. Drug Enforcement Ca´ rdenas as the lifeblood of Webb County, of Nuevo Laredo. Many of their homes are Administration puts the figure at $142 billion Texas. fortified with thick cement blocks, iron in drug trade just between the U.S. and Mex- Born out of NAFTA, the bridge signaled gates and barbed wire protection from the ico. Other estimates soar even higher. the beginning of a bright future with Mexico high-powered weapons used by the cartels. ‘‘NAFTA has made smuggling drugs across as a significant partner in North American ‘‘The government is owned by the cartels,’’ the border easier by several means,’’ includ- trade. said an older woman returning home. ‘‘As ing via cargo trucks, the DEA report notes. According to a 2004 U.S. Census Bureau re- the trucks make their way to America free- ‘‘The volume of truck traffic coming across port, the most recent data available, the ly, we are forced to live like animals. While the border necessitates the expediting of in- Port of Laredo handles more than $130 bil- the rich get richer, we are here dying, and spections to the point that few trucks are lion worth of goods and merchandise each nobody really cares.’’ thoroughly inspected.’’ year. Nearly 86,000 transportation jobs have Residents in Nuevo Laredo say that the vi- More than 9,300 commercial trucks, car- been created since the World Trade Bridge olence has only become worse over the past rying everything from pinatas to electronics, was built. More than 90 percent of the truck year. Expansion of trade routes will only pass through Nuevo Laredo into Laredo each traffic between Laredo and Nuevo Laredo heighten the tension and violence among day, according to U.S. Customs and Border goes over it. Mexico’s cartels, they contend. Protection officials. As cargo shifts from Los Expansion of La´ zaro Ca´ rdenas will allow ‘‘They want to control the routes into the Angeles to Mexico, it is expected to triple delivery of cargo to the East Coast via the United States,’’ said Nacho, a Nuevo Laredo the amount of traffic moving from Mexico World Trade Bridge four to five days faster resident whose real name was withheld to through the Texas highway system. than from California, say proponents of the protect his identity. ‘‘In a way, they already At the same time, drug cartels are using plan especially officials in Laredo, which do. And U.S. officials should be worried, be- the trucks to piggy-back more than $10 mil- benefits every time traffic and trade in- cause the cartels will do anything for money. lion a day in drugs through the Laredo cor- crease. They will kill anyone, help anyone, do any- ridor into the United States, according to ‘‘NAFTA started moving Laredo away thing to get what they need to move contra- senior DEA officials interviewed by the from being the frontier land to the center of band across the border for the right price.’’ Daily Bulletin. something very significant,’’ said Roger The DEA report echoes what Nacho and The numbers aren’t surprising, said TJ Creery, executive director of the Laredo De- other residents believe. The possibility of a Bonner, president of the National Border Pa- velopment Foundation. ‘‘We’re not the U.S. ‘‘direct, nearly inspection-free route to the trol Council. In July, Bonner testified before vs. Mexico vs. Canada anymore. We are the central U.S. and expanded market for drugs’’ Congress that less than 5 percent of the 6 Americas.’’ has or will result in the following, according million cargo containers entering the U.S. Even as Congress held numerous immigra- to the report: each year are physically inspected by U.S. tion field hearings during the summer to de- Networks created by Mexican and Asian Customs and Border Protection agents. termine the extent of security failures at the organized crime organizations to smuggle il- ‘‘From the standpoint of homeland secu- U.S. border, private corporations, local and legal aliens, counterfeit products and pirated rity, this plan (Gateway to the Pacific) is a federal government officials and inter- intellectual property into Mexico. nightmare,’’ Bonner said. ‘‘Any possible ben- national investment corporations were plan- Cargo containers being used to smuggle efit of expedited trade is going to be totally ning for trade expansion. drugs into the U.S.

VerDate Aug 31 2005 04:17 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JA7.018 H23JAPT1 ccoleman on PROD1PC61 with HOUSE January 23, 2007 CONGRESSIONAL RECORD — HOUSE H867 Distribution networks being created by THE IRAQ WAR a hole, stop digging. Mr. President, I Asian gangs in communities. The SPEAKER pro tempore. Under a would urge you to stop digging and Creation of legitimate businesses in the bring our troops home. U.S. to cover up smuggling, contraband and previous order of the House, the gentle- woman from California (Ms. WATERS) is Ladies and gentlemen, this is what money laundering. bothers me about what is happening in Expedited truck inspections ‘‘to keep sub- recognized for 5 minutes. stantial backup of trucks from regularly oc- Ms. WATERS. Mr. Speaker and Mem- Iraq. Our military, our troops don’t curring.’’ bers, tonight the President of the know a Sunni from a Shiite from a The cartels’ reach extends well beyond the United States will address a joint ses- Kurd. They are with Iraqi soldiers who streets and people of Nuevo Laredo and the sion of Congress to offer his assessment don’t like them oftentimes, who desert border, however. of the state of the Union. He is ex- us when there is a confrontation, and On Dec. 12, newly elected President Felipe pected to spend a lot of time talking who undermine us. There are those who Caldero´ n sent more than 6,500 troops to believe that the way that the insur- ´ ´ about domestic issues and will report- Michoacan, where the Port of Lazaro gents got into the compound was they Ca´ rdenas is located, in an effort to get a han- edly spend some time on the war on dle on the growing violence. terror. However, very little, if any, of were allowed in there by Iraqi soldiers. Caldero´ n also transferred 10,000 troops his State of the Union address will dis- How can we win in the middle of a from the army and navy to the federal police cuss the war in Iraq. civil war? We can’t win. It is time for force on Dec. 13, the largest move against Ladies and gentlemen, the President the President of the United States to narcotics traffickers since his predecessor, of the United States has bungled the come up with a reasonable exit plan. former President Vicente Fox, sent nearly management of this war, and he cer- We have not asked, and nobody is say- 1,000 troops to Nuevo Laredo to squelch a tainly needs to explain further why he ing, Quick withdrawal. Withdrawal in drug war that has killed more than 3,000 peo- feels that escalation will suddenly turn 24 hours. Some would make you believe ple across the country during the past two we are saying that, but we are not. We years. the situation in Iraq around. The re- Caldero´ n may have learned how deadly ality is that escalation will not bring are talking about a well thought dealing with the cartels can be. First Lady us success. The President pushed for- through reasonable plan for getting out Margarita Zavala, Caldero´ n’s wife, lost her ward against the advice of many Mem- of Iraq. Some people would like to say, cousin, Luis Felipe Zavala, on Dec. 12 when bers of Congress, the joint chiefs of Oh, if you don’t continue to support gunmen open fired on his SUV in Mexico staff, and many experts in and outside the President’s request for additional City. of government. Even the Iraqi Prime funds, that you are deserting the sol- According to DEA intelligence officials, Minister did not want more U.S. troops diers. Not so. Zavala’s assassination was retaliation for And the Members of this Congress ´ sent to his country. Calderon’s promise to take down Mexico’s have got to have the courage to stand drug kingpins. ‘‘It was an assassination of Since Friday, January 19, 2007, 27 opportunity,’’ said one DEA intelligence offi- members of our armed services have up and explain the difference between cial who requested anonymity. ‘‘... It was di- died in Iraq. These deaths bring the the sound bites and what those on the rectly related to Caldero´ n’s move into total number of U.S. servicemembers opposite side of this issue would de- Michoaca´ n.’’ that have died in Iraq since the war in scribe as our efforts of getting the sol- However, Mexico’s attorney general, Iraq began to 3,029. More than 22,000 diers out and the truth. The truth of Eduardo Medina Mora, told reporters the in- others have been seriously injured. the matter is we all know there is cident was a coincidence. The insurgent attacks against the enough money in the pipeline to ‘‘There is at this time no indication ... that United States military have become credibly come out of Iraq in a timely would suggest or make us guess that this un- fortunate event was related to the Mexican more and more brazen. In one of the at- way. government’s efforts against organized tacks over the past weekend, insur- f gents wore uniforms that looked like crime,’’ he told reporters at a press con- PUBLICATION OF THE RULES OF ference a day after the killing. official U.S. uniforms and used vehicles THE COMMITTEE ON ARMED Since the Sept. 11, 2001, attacks, the De- that the U.S. and Iraqi officials use. SERVICES, 110TH CONGRESS partment of Homeland Security has tried to According to press accounts, Iraqi beef up security along the border. Officials guards at a government compound al- The SPEAKER pro tempore. Under a pre- say new technologies radiation portal mon- lowed several vehicles traveling in a vious order of the House, the gentleman from itors, hand-held radiation detectors and X- caravan through checkpoints because Missouri (Mr. SKELTON) is recognized for 5 ray machines assist front-line agents in de- minutes. they were wearing what appeared to be tecting dangerous materials that may be in Mr. SKELTON. Madam Speaker, In accord- legitimate U.S. military uniforms and trucks at ports of entry. ance with clause 2 of rule XI of the Rules of driving cars commonly used by for- U.S. Customs and Border Protection the House, I respectfully submit the rules of spokesman Pat Jones said striking a balance eigners. Once the insurgents were in- the Committee on Armed Services for printing between increased traffic and inspections is side the compound, they attacked and in the CONGRESSIONAL RECORD. On January challenging. New programs implemented by killed five of our troops. Witnesses say 10, 2007, the Committee on Armed Services the Department of Homeland Security have that the attackers targeted only U.S. assisted in better checks at ports of entries adopted by a unanimous vote, a quorum being servicemembers and not the Iraqis who along the southwest border, he said. present, the following rules: were in the room. Elsewhere in Iraq, 12 ‘‘It may be possible to improve the flow of RULES OF THE COMMITTEE ON ARMED Americans were killed when their legitimate trade and improve security,’’ SERVICES, 110TH CONGRESS Jones said. ‘‘Prior to 9/11, the thought was Blackhawk helicopter was attacked, RULE 1. APPLICATION OF HOUSE RULES that if you improve security, you’re going to and 10 others were killed in fire fights slow down cargo trade. We’ve learned that if with insurgents. The Rules of the House of Representatives are the rules of the Committee on Armed you actually could identify and separate the Mr. Speaker, Iraq is in a civil war. risk-free cargo, the flow of cargo could be ex- Services (hereinafter referred to in these The level of violence is growing each rules as the ‘‘Committee’’) and its sub- pedited.’’ day, and increasingly our troops are But once the illegal cargo finds its way committees so far as applicable. into the U.S., there’s little law enforcement caught in the middle of it. By adding RULE 2. FULL COMMITTEE MEETING DATE can do. more troops, as the President plans to (a) The Committee shall meet every Laredo police can barely keep up with the do, we will only increase the risk of Wednesday at 10 a.m., when the House of violence spilling into their community from more U.S. deaths and injuries. Representatives is in session, and at such their sister city across the border. Sheriff Nearly everyone agrees that the war other times as may be fixed by the Chairman Flores said growing violence and corruption will not be won through military of the Committee (hereinafter referred to as in Mexico is spilling into the U.S. and be- means. Instead, there is general agree- the ‘‘Chairman’’), or by written request of coming increasingly difficult to manage. ment that stability in Iraq and the members of the Committee pursuant to ‘‘The cartels have more power, money and Middle East will only come about clause 2(c) of rule XI of the Rules of the weaponry than we do,’’ he said. ‘‘The cartels House of Representatives. know how to get their narcotics across the through intense diplomatic efforts. (b) A Wednesday meeting of the Committee (World Trade) bridge. They’re not afraid to The President’s Iraq policy has may be dispensed with by the Chairman, but lose some of their loads; they expect it. The failed. Sending more troops to Iraq will such action may be reversed by a written re- risk is worth it because the possibility of only make the situation worse. As the quest of a majority of the members of the getting caught is minimal, at best.’’ saying goes: when you find yourself in Committee.

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RULE 3. SUBCOMMITTEE MEETING DATES addition, the subcommittee will be respon- appointed for an additional three months Each subcommittee is authorized to meet, sible for Maritime programs under the juris- with the written concurrence of the Chair- hold hearings, receive evidence, and report diction of the Committee as delineated in man and Ranking Minority Member of the to the Committee on all matters referred to rule X, clauses 5, 6, and 9 of the Rules of the Committee or subcommittee whose Chair- it. Insofar as possible, meetings of the Com- House of Representatives. man appointed the task force. mittee and its subcommittees shall not con- Subcommittee on Oversight and Investiga- (3) No task force shall have legislative ju- flict. A subcommittee Chairman shall set tions: Any matter within the jurisdiction of risdiction. meeting dates after consultation with the the Committee, subject to the concurrence of RULE 6. REFERENCE AND CONSIDERATION OF Chairman, other subcommittee Chairmen, the Chairman of the Committee and, as ap- LEGISLATION and the Ranking Minority Member of the propriate, affected subcommittee chairmen. (a) The Chairman shall refer legislation subcommittee with a view toward avoiding, The subcommittee shall have no legislative and other matters to the appropriate sub- whenever possible, simultaneous scheduling jurisdiction. committee or to the full Committee. of committee and subcommittee meetings or (b) Membership of the Subcommittees (b) Legislation shall be taken up for a hearings. (1) Subcommittee memberships, with the hearing or markup only when called by the exception of membership on the Sub- Chairman of the Committee or sub- RULE 4. JURISDICTION AND MEMBERSHIP OF committee on Oversight and Investigations, committee, as appropriate, or by a majority COMMITTEE AND SUBCOMMITTEES shall be filled in accordance with the rules of of those present and voting. (a) Jurisdiction the Majority party’s caucus and the Minor- (c) The Chairman, with approval of a ma- (1) The Committee retains jurisdiction of ity party’s conference, respectively. jority vote of a quorum of the Committee, all subjects listed in clause 1 (c) of rule X of (2) The Chairman and Ranking Minority shall have authority to discharge a sub- the Rules of the House of Representatives Member of the Subcommittee on Oversight committee from consideration of any meas- and retains exclusive jurisdiction for: de- and Investigations shall be filled in accord- ure or matter referred thereto and have such fense policy generally, ongoing military op- ance with the rules of the Majority party’s measure or matter considered by the Com- erations, the organization and reform of the caucus and the Minority party’s conference, mittee. Department of Defense and Department of respectively. Consistent with the party ra- (d) Reports and recommendations of a sub- Energy, counter-drug programs, acquisition tios established by the Majority party, all committee may not be considered by the and industrial base policy, technology trans- other Majority members of the sub- Committee until after the intervention of fer and export controls, joint interoper- committee shall be appointed by the Chair- three calendar days from the time the report ability, the Cooperative Threat Reduction man of the Committee, and all other Minor- is approved by the subcommittee and avail- program, Department of Energy non- ity members shall be appointed by the Rank- able to the members of the Committee, ex- proliferation programs, and detainee affairs ing Minority Member of the Committee. cept that this rule may be waived by a ma- and policy. While subcommittees are pro- jority vote of a quorum of the Committee. RULE 5. COMMITTEE PANELS AND TASK FORCES vided jurisdictional responsibilities in sub- RULE 7. PUBLIC ANNOUNCEMENT OF HEARINGS (a) Committee Panels paragraph (2), the Committee retains the AND MEETINGS right to exercise oversight and legislative ju- (1) The Chairman may designate a panel of the Committee consisting of members of the Pursuant to clause 2(g)(3) of rule XI of the risdiction over all subjects within its pur- Rules of the House of Representatives, the Committee to inquire into and take testi- view under rule X of the Rules of the House Chairman of the Committee, or of any sub- mony on a matter or matters that fall with- of Representatives. committee, panel, or task force shall make in the jurisdiction of more than one sub- (2) The Committee shall be organized to public announcement of the date, place, and committee and to report to the Committee. consist of seven standing subcommittees subject matter of any hearing before that (2) No panel appointed by the Chairman with the following jurisdictions: body at least one week before the commence- shall continue in existence for more than six Subcommittee on Air and Land Forces: All ment of the hearing. However, if the Chair- months after the appointment. A panel so Army and Air Force acquisition programs man of the Committee, or of any sub- appointed may, upon the expiration of six (except strategic missiles, special operations committee, panel, or task force, with the months, be reappointed by the Chairman for and information technology programs). In concurrence of the respective Ranking Mi- a period of time which is not to exceed six addition, the subcommittee will be respon- nority Member, detennines that there is sible for deep strike bombers and related sys- months. good cause to begin the hearing sooner, or if tems, National Guard and Army and Air (3) Consistent with the party ratios estab- the Committee, subcommittee, panel, or Force reserve modernization, and ammuni- lished by the Majority party, all Majority task force so determines by majority vote, a tion programs. members of the panels shall be appointed by quorum being present for the transaction of Subcommittee on Readiness: Military the Chairman of the Committee, and all Mi- business, such chairman shall make the an- readiness, training, logistics and mainte- nority members shall be appointed by the nouncement at the earliest possible date. nance issues and programs. In addition, the Ranking Minority Member of the Com- Any announcement made under this rule subcommittee will be responsible for all mittee. The Chairman of the Committee shall be promptly published in the Daily Di- military construction, installations and fam- shall choose one of the Majority members so gest, promptly entered into the committee ily housing issues, including the base closure appointed who does not currently chair an- scheduling service of the House Information process. other subcommittee of the Committee to Resources, and promptly posted to the inter- Subcommittee on Terrorism, Unconven- serve as Chairman of the panel. The Ranking net web page maintained by the Committee. tional Threats and Capabilities: Department Minority Member of the Committee shall RULE 8. BROADCASTING OF COMMITTEE of Defense counter-proliferation and similarly choose the Ranking Minority HEARINGS AND MEETINGS counter-terrorism programs and initiatives. Member of the panel. In addition, the subcommittee will be re- (4) No panel shall have legislative jurisdic- Clause 4 of rule XI of the Rules of the sponsible for Special Operations Forces; tion. House of Representatives shall apply to the science and technology policy, including the (b) Committee and Subcommittee Task Committee. Defense Advanced Research Projects Agency Forces RULE 9. MEETINGS AND HEARINGS OPEN TO THE and information technology programs; force (1) The Chairman of the Committee, or a PUBLIC protection policy and oversight; homeland Chairman of a subcommittee with the con- (a) Each hearing and meeting for the trans- defense and consequence management pro- currence of the Chairman of the Committee, action of business, including the markup of grams within the committee’s jurisdiction; may designate a task force to inquire into legislation, conducted by the Committee, or and related intelligence support. and take testimony on a matter that falls any subcommittee, panel, or task force, to Subcommittee on Military Personnel: Mili- within the jurisdiction of the Committee or the extent that the respective body is au- tary personnel policy, reserve component in- subcommittee, respectively. The Chairman thorized to conduct markups, shall be open tegration and employment issues, military and Ranking Minority Member of the Com- to the public except when the Committee, health care, military education and POW/ mittee or subcommittee shall each appoint subcommittee, panel, or task force in open MIA issues. In addition, the subcommittee an equal number of members to the task session and with a majority being present, will be responsible for Morale, Welfare and force. The Chairman of the Committee or determines by record vote that all or part of Recreation issues and programs. subcommittee shall choose one of the mem- the remainder of that hearing or meeting on Subcommittee on Strategic Forces: Stra- bers so appointed, who does not currently that day shall be in executive session be- tegic Forces (except deep strike systems), chair another subcommittee of the Com- cause disclosure of testimony, evidence, or space programs, ballistic missile defense, in- mittee, to serve as Chairman of the task other matters to be considered would endan- telligence policy and national programs and force. The Ranking Minority Member of the ger the national security, would compromise Department of Energy national security pro- Committee or subcommittee shall similarly sensitive law enforcement information, or grams (except non-proliferation programs). appoint the Ranking Minority Member of the would violate any law or rule of the House of Subcommittee on Seapower and Expedi- task force. Representatives. Notwithstanding the re- tionary Forces: Navy and Marine Corps pro- (2) No task force appointed by the Chair- quirements of the preceding sentence, a ma- grams (except strategic weapons, space, spe- man of the Committee or subcommittee jority of those present, there being in at- cial operations and information technology shall continue in existence for more than tendance no fewer than two members of the programs) and Naval Reserve equipment. In three months. A task force may only be re- Committee, subcommittee, panel, or task

VerDate Aug 31 2005 04:17 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JA7.034 H23JAPT1 ccoleman on PROD1PC61 with HOUSE January 23, 2007 CONGRESSIONAL RECORD — HOUSE H869 force may vote to close a hearing or meeting (b) One-third of the members of the Com- pers and documents, including, but not lim- for the sole purpose of discussing whether mittee or subcommittee shall constitute a ited to, those in electronic form, as it con- testimony or evidence to be received would quorum for taking any action, with the fol- siders necessary. endanger the national security, would com- lowing exceptions, in which case a majority (b) (1) A subpoena may be authorized and promise sensitive law enforcement informa- of the Committee or subcommittee shall issued by the Committee, or any sub- tion, or would violate any law or rule of the constitute a quorum: committee with the concurrence of the full House of Representatives. If the decision is (1) Reporting a measure or recommenda- Committee Chairman and after consultation to proceed in executive session, the vote tion; with the Ranking Member of the Committee, must be by record vote and in open session, (2) Closing committee or subcommittee under subparagraph (a)(2) in the conduct of a majority of the Committee, subcommittee, meetings and hearings to the public; any investigation, or series of investigations panel, or task force being present. (3) Authorizing the issuance of subpoenas; or activities, only when authorized by a ma- (b) Whenever it is asserted by a member of (4) Authorizing the use of executive session jority of the members voting, a majority of the committee or subcommittee that the material; and the Committee or subcommittee being evidence or testimony at a hearing may tend (5) Voting to proceed in open session after present. Authorized subpoenas shall be to defame, degrade, or incriminate any per- voting to close to discuss whether evidence signed only by the Chairman, or by any son, or it is asserted by a witness that the or testimony to be received would tend to de- member designated by the Committee. evidence or testimony that the witness fame, degrade, or incriminate any person. (2) Pursuant to clause 2(m) of rule XI of would give at a hearing may tend to defame, (c) No measure or recommendation shall be the Rules of the House of Representatives, degrade, or incriminate the witness, not- reported to the House of Representatives un- compliance with any subpoena issued by the withstanding the requirements of (a) and the less a majority of the Committee is actually Committee or any subcommittee under sub- provisions of clause 2(g)(2) of rule XI of the present. paragraph (a)(2) may be enforced only as au- Rules of the House of Representatives, such RULE 11. THE FIVE-MINUTE RULE thorized or directed by the House of Rep- evidence or testimony shall be presented in (a) The time anyone member may address resentatives. executive session, if by a majority vote of the Committee or subcommittee on any RULE 13: WITNESS STATEMENTS those present, there being in attendance no measure or matter under consideration shall (a) Any prepared statement to be presented fewer than two members of the Committee not exceed five minutes and then only when by a witness to the Committee or a sub- or subcommittee, the Committee or sub- the member has been recognized by the committee shall be submitted to the Com- committee determines that such evidence Chairman or subcommittee chairman, as ap- mittee or subcommittee at least 48 hours in may tend to defame, degrade or incriminate propriate, except that this time limit may be advance of presentation and shall be distrib- any person. A majority of those present, exceeded by unanimous consent. Any mem- uted to all members of the Committee or there being in attendance no fewer than two ber, upon request, shall be recognized for not subcommittee as soon as practicable but not members of the Committee or subcommittee more than five minutes to address the Com- less than 24 hours in advance of presen- may also vote to close the hearing or meet- mittee or subcommittee on behalf of an tation. A copy of any such prepared state- ing for the sole purpose of discussing wheth- amendment which the member has offered to ment shall also be submitted to the Com- er evidence or testimony to be received any pending bill or resolution. The five- mittee in electronic form. If a prepared would tend to defame, degrade or incrimi- minute limitation shall not apply to the statement contains national security infor- nate any person. The Committee or sub- Chairman and Ranking Minority Member of mation bearing a classification of secret or committee shall proceed to receive such tes- the Committee or subcommittee. higher, the statement shall be made avail- timony in open session only if the Com- (b)(1) Members who are present at a hear- able in the Committee rooms to all members mittee or subcommittee, a majority being ing of the Committee or subcommittee when of the Committee or subcommittee as soon present, determines that such evidence or a hearing is originally convened shall be rec- as practicable but not less than 24 hours in testimony will not tend to defame, degrade ognized by the Chairman or subcommittee advance of presentation; however, no such or incriminate any person. chairman, as appropriate, in order of senior- statement shall be removed from the Com- (c) Notwithstanding the foregoing, and ity. Those members arriving subsequently mittee offices. The requirement of this rule with the approval of the Chairman, each shall be recognized in order of their arrival. may be waived by a majority vote of the member of the Committee may designate by Notwithstanding the foregoing, the Chair- Committee or subcommittee, a quorum letter to the Chairman, only one member of man and the Ranking Minority Member will being present. In cases where a witness does that member’s personal staff, which may in- take precedence upon their arrival. In recog- not submit a statement by the time required clude fellows, with Top Secret security nizing members to question witnesses in this under this rule, the Chairman of the Com- clearance to attend hearings of the Com- fashion, the Chairman shall take into consid- mittee or subcommittee, as appropriate, mittee, or that member’s subcommittee(s), eration the ratio of the Majority to Minority with the concurrence of the respective Rank- panel(s), or task force(s) (excluding briefings members present and shall establish the ing Minority Member, may elect to exclude or meetings held under the provisions of order of recognition for questioning in such the witness from the hearing. committee rule 9(a)), which have been closed a manner as not to disadvantage the mem- (b) The Committee and each subcommittee under the provisions of rule 9(a) above for bers of either party. shall require each witness who is to appear national security purposes for the taking of (2) The Chairman of the Committee or a before it to file with the Committee in ad- testimony. The attendance of such a staff subcommittee, with the concurrence of the vance of his or her appearance a written member or fellow at such hearings is subject respective Ranking Minority Member, may statement of the proposed testimony and to to the approval of the Committee, sub- depart with the regular order for questioning limit the oral presentation at such appear- committee, panel, or task force as dictated which is specified in paragraphs (a) and (b) of ance to a brief summary of the submitted by national security requirements at that this rule provided that such a decision is an- written statement. time. The attainment of any required secu- nounced prior to the hearing or prior to the rity clearances is the responsibility of indi- opening statements of the witnesses and that RULE 14. ADMINISTERING OATHS TO WITNESSES vidual members of the Committee. any such departure applies equally to the (a) The Chairman, or any member des- (d) Pursuant to clause 2(g)(2) of rule XI of Majority and the Minority. ignated by the Chairman, may administer the Rules of the House of Representatives, (c) No person other than a Member, Dele- oaths to any witness. no Member, Delegate, or Resident Commis- gate, or Resident Commissioner of Congress (b) Witnesses, when sworn, shall subscribe sioner may be excluded from and committee staff may be seated in or be- to the following oath: ‘‘Do you solemnly nonparticipatory attendance at any hearing hind the dais area during Committee, sub- swear (or affirm) that the testimony you will of the Committee or a subcommittee, unless committee, panel, or task force hearings and give before this Committee (or sub- the House of Representatives shall by major- meetings. committee) in the matters now under consid- ity vote authorize the Committee or sub- RULE 12. POWER TO SIT AND ACT; SUBPOENA eration will be the truth, the whole truth, committee, for purposes of a particular se- POWER and nothing but the truth, so help you ries of hearings on a particular article of leg- God?’’. (a) For the purpose of carrying out any of islation or on a particular subject of inves- its functions and duties under rules X and XI RULE 15. QUESTIONING OF WITNESSES tigation, to close its hearings to Members, of the Rules of the House of Representatives, (a) When a witness is before the Committee Delegates, and the Resident Commissioner the Committee and any subcommittee is au- or a subcommittee, members of the Com- by the same procedures designated in this thorized (subject to subparagraph (b)(1) of mittee or subcommittee may put questions rule for closing hearings to the public. this paragraph): to the witness only when recognized by the (e) The Committee or the subcommittee (1) to sit and act at such times and places Chairman or subcommittee chairman, as ap- may vote, by the same procedure, to meet in within the United States, whether the House propriate, for that purpose according to Rule executive session for up to five additional is in session, has recessed, or has adjourned, 11 of the Committee. consecutive days of hearings. and to hold hearings, and (b) Members of the Committee or sub- RULE 10. QUORUM (2) to require by subpoena, or otherwise, committee who so desire shall have not more (a) For purposes of taking testimony and the attendance and testimony of such wit- than five minutes to question each witness receiving evidence, two members shall con- nesses and the production of such books, or panel of witnesses, the responses of the stitute a quorum. records, correspondence, memorandums, pa- witness or witnesses being included in the

VerDate Aug 31 2005 04:17 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JA7.036 H23JAPT1 ccoleman on PROD1PC61 with HOUSE H870 CONGRESSIONAL RECORD — HOUSE January 23, 2007 five-minute period, until such time as each on any amendment offered to the measure or mander in Chief has to share not only member has had an opportunity to question matter, the total number of votes cast for with the country but the world, and we each witness or panel of witnesses. There- and against, the names of those voting for hope that he will bring words of wis- after, additional rounds for questioning wit- and against, and a brief description of the dom and unity to the House floor. This nesses by members are within the discretion question, shall be included in the committee of the Chairman or subcommittee chairman, report on the measure or matter. will be the President’s seventh oppor- tunity coming to the floor to share as appropriate. RULE 19. PUBLIC INSPECTION OF COMMITTEE (c) Questions put to witnesses before the ROLLCALLS with us the needs of the Nation. And I Committee or subcommittee shall be perti- hope that he speaks on behalf of the nent to the measure or matter that may be The result of each record vote in any meet- ing of the Committee shall be made available entire Nation. before the Committee or subcommittee for As you know, the 30-Something consideration. by the Committee for inspection by the pub- lic at reasonable times in the offices of the Working Group has been coming to the RULE 16. PUBLICATION OF COMMITTEE HEARINGS Committee. Information so available for floor for the last 3 years sharing with AND MARKUPS public inspection shall include a description the Members about what was going on The transcripts of those hearings and of the amendment, motion, order, or other under the Capitol dome and what mark-ups conducted by the Committee, sub- proposition and the name of each member committee, or panel will be published offi- wasn’t going on under the Capitol voting for and each member voting against dome. And we come today in the spirit cially in verbatim form, with the material such amendment, motion, order, or propo- requested for the record inserted at that sition and the names of those members of bipartisanship, Mr. Speaker, and I place requested, or at the end of the record, present but not voting. would also like to continue to high- as appropriate. Any requests to correct any light bipartisanship, because that is RULE 20. PROTECTION OF NATIONAL SECURITY errors, other than those in transcription, or what the American people have called disputed errors in transcription, will be ap- INFORMATION (a) Except as provided in clause 2(g) of for and that is what we have delivered. pended to the record, and the appropriate And when I say ‘‘we,’’ I am saying a place where the change is requested will be Rule XI of the Rules of the House of Rep- footnoted. Any transcript published under resentatives, all national security informa- majority of the Members of the House this rule shall include the results of record tion bearing a classification of secret or of Representatives, and you can sprin- votes conducted in the session covered by higher which has been received by the Com- kle in some Republican votes in the transcript and shall also include mate- mittee or a subcommittee shall be deemed to achieving that. And I am glad that on rials that have been submitted for the record have been received in executive session and a number of votes as relates to the and are covered under Rule 19. The handling shall be given appropriate safekeeping. Medicare prescription drug price nego- and safekeeping of these materials shall (b) The Chairman of the Committee shall, tiating, all Democrats on the floor with the approval of a majority of the Com- fully satisfy the requirements of Rule 20. No voted for that, 24 Republicans voted for transcript of an executive session conducted mittee, establish such procedures as in his under Rule 9 shall be published under this judgment may be necessary to prevent the it, too. They voted with their constitu- rule. unauthorized disclosure of any national se- ents. The Stem Cell Research Enhance- RULE 17. VOTING AND ROLLCALLS curity information received classified as se- cret or higher. Such procedures shall, how- (a) Voting on a measure or matter may be ment Act, just about all the Democrats ever, ensure access to this information by by record vote, division vote, voice vote, or on the floor voting on behalf, 216 with any member of the Committee or any other unanimous consent. 37 Republicans joining us on that vote, (b) A record vote shall be ordered upon the Member, Delegate, or Resident Commis- it was 253, which is a good majority of request of one-fifth of those members sioner of the House of Representatives, staff the House voting in the affirmative. present. of the Committee, or staff designated under Rule 9( c) who have the appropriate security That is bipartisan. (c) No vote by any member of the Com- The Fair Minimum Wage Act, Mr. mittee or a subcommittee with respect to clearances and the need to know, who has re- any measure or matter shall be cast by quested the opportunity to review such ma- Speaker, that passed on January 10, proxy. terial. which was a recorded vote, there were (d) In the event of a vote or votes, when a RULE 21. COMMITTEE STAFFING 315 yeas in the affirmative, all Demo- member is in attendance at any other com- The staffing of the Committee, the stand- crats on the floor at that time voted mittee, subcommittee, or conference com- ing subcommittees, and any panel or task for it, 82 Republicans joined Democrats mittee meeting during that time, the nec- force designated by the Chairman or chair- in voting on that bill together, Mr. essary absence of that member shall be so men of the subcommittees shall be subject to Speaker. noted in the record vote record, upon timely the rules of the House of Representatives. Again, in the implementation of the notification to the Chairman by that mem- ber. RULE 22. COMMITTEE RECORDS 9/11 Commission recommendations, (e) The Chairman of the Committee or a The records of the Committee at the Na- which we all know, Mr. Speaker, was a subcommittee, as appropriate, with the con- tional Archives and Records Administration bipartisan piece of work by individuals currence of the Ranking Minority Member or shall be made available for public use in ac- that were appointed by the President, the most senior Minority member who is cordance with rule VII of the Rules of the the leadership, and the House and Sen- present at the time, may elect to postpone House of Representatives. The Chairman ate at that time, with two bipartisan requested record votes until such time or shall notify the Ranking Minority Member chairmen, one Republican and the vice point at a mark-up as is mutually decided. of any decision, pursuant to clause 3(b)(3) or When proceedings resume on a postponed clause 4(b) of rule VII, to withhold a record chair was Democrat, all Democrats on question, notwithstanding any intervening otherwise available, and the matter shall be the floor voted, 231, and 68 Republicans. order for the previous question, the under- presented to the Committee for a determina- That brought that vote to 299. lying proposition shall remain subject to fur- tion on the written request of any member of I think it is important, Mr. Speaker, ther debate or amendment to the same ex- the Committee. as we continue to move on and as we tent as when the question was postponed. RULE 23. HEARING PROCEDURES look at the student loan vote, as we RULE 18. COMMITTEE REPORTS Clause 2(k) of rule XI of the Rules of the look at a number of the votes that (a) If, at the time of approval of any meas- House of Representatives shall apply to the have come here to the floor, a great ure or matter by the Committee, any mem- Committee. vote today as relates to pensions for ber of the Committee gives timely notice of f those that step out of the line, Mem- intention to file supplemental, Minority, ad- bers of the House that step out of line ditional or dissenting views, that member 30-SOMETHING WORKING GROUP shall be entitled to not less than two cal- and Members of the Senate, that their endar days (excluding Saturdays, Sundays, The SPEAKER pro tempore. Under pensions will be on the line. Not one and legal holidays except when the House is the Speaker’s announced policy of Jan- vote against that measure. in session on such days) in which to file such uary 18, 2007, the gentleman from Flor- In that spirit, I know, on behalf of views, in writing and signed by that member, ida (Mr. MEEK) is recognized for half the Democratic side of the aisle, the with the staff director of the Committee. All the time remaining before 5 p.m. as the Speaker, majority leader, Democratic such views so filed by one or more members designee of the majority leader. whip, the chairman of our caucus, the of the Committee shall be included within, Mr. MEEK of Florida. Mr. Speaker, it vice chair of our caucus, and other and shall be a part of, the report filed by the is an honor to address the House, and I elected leadership within the Demo- Committee with respect to that measure or matter. can share with you on this day of the cratic Caucus are looking to continue (b) With respect to each record vote on a State of the Union we all look forward this bipartisan spirit that we have motion to report any measure or matter, and to hearing what the President/Com- adopted here.

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JA7.038 H23JAPT1 ccoleman on PROD1PC61 with HOUSE January 23, 2007 CONGRESSIONAL RECORD — HOUSE H871 As you know, in the 109th Congress, think a level of responsibility has to Mr. RYAN of Ohio. Mr. Speaker, I ap- Mr. Speaker, I used to always share kick in. preciate how the gentleman has been with the Members that bipartisanship Mr. Speaker, I was talking to a group focused on bipartisanship over the past is only allowed if the majority allows earlier today, and I shared with them several weeks since we have been here. it. I think that on some issues we will that the watch word for the 110th Con- I agree with my friend from Florida see issues where we won’t be able to see gress should be ‘‘responsibility,’’ re- on several issues. Just to go back a few eye to eye and there will be some par- sponsibility on both sides of the aisle seconds, to talk about what is going on tisan votes on this floor. That is just to make sure that we can fight our way in Iraq and what really the President’s the reality of life here in Washington, out of the record deficit that we have plan has been, and I think it is impor- D.C., but it should not be the rule. It now and to be able to stick with our tant that we remove this from any should be the exception. And I want to pay-as-we-go rules that we put in kind of partisanship. commend all of those Members that are place; to make sure that we govern on As we have shown in the past couple moving in a bipartisan spirit. behalf of all the American people need weeks here, I mean, the votes that we Now, I must say the winds of biparti- it be young or old, rich or poor; that we have passed here have consistently sanship are here on the floor. I am sad govern on behalf of Americans and not been passed in a bipartisan way. Min- to report that on many of those votes on behalf of the special interests; and imum wage, student loans, Medicare the Republican leadership did not vote to make sure that our children’s chil- and negotiations, all of these have been with the majority of the U.S. House of dren and we have safe, clean water, air passed in a bipartisan way. So the tone Representatives, including Republicans to breath; and that we can provide that Speaker PELOSI has set in this that did vote on those measures. I say health care. House has been a tone of bipartisan- this to promote a bipartisan spirit here Now, saying all of that, it cannot be ship. when the State of the Union, when the my way or the highway. Mr. Speaker, The concern that we have in Iraq at President comes in and gives his speech the President has put forth a commis- this point with the troop surge is that tonight; when he comes to speak to the sion to look at Social Security more this President does not have the sup- American people in the U.S. House, the than two times, and at the end of all of port of the American people. He does U.S. Congress, Judiciary, all branches those commissions, the President has not have the support of the Democratic of the military that will be represented come back and said we need to pri- Party. He is losing support among the here tonight, Cabinet officers that will vatize Social Security. That is a my- Republican Party, and the former be represented here tonight, hopefully way-or-highway approach to governing. Chair of the Senate Committee on deliver a message that we can move I think it is important that the Armed Services, JOHN WARNER, has forward as a unit, as all Americans, so President come to this floor tonight now come out against the President’s something we can all grasp. and the Congress respond in a way that proposal. The military, for the most we can work together, we can work to- part, is against this proposal. It seems 1515 b gether to make America better. We can like almost everyone who was in the I think it is important to move in work together to make sure that our Bush administration who had been in that direction. troops in Iraq, hopefully more sooner the military under this Commander in Now, on our side of many of these than later, can be redeployed, and that Chief and has left is now against what issues, when I say ‘‘our side,’’ I am say- we can call not only on the Iraqi Gov- the President is saying. The Iraqi lead- ing the Democratic side where we have ernment but other countries through- ership is against it. talked about six in 2006, where Repub- out the world to take part in the secu- The only people who are for this is licans have joined us in those efforts rity of that region. As long as we con- the administration, and I think it is because they wanted to vote for it all tinue to have an escalation in troops important for us to recognize that we along but their leadership would not without any questions asked, we are need to get out in a way that makes allow them to do that. We want to con- going to have problems. sure that we retain our dignity and tinue. We want to lead by example. We Now, I am glad to be joined here by that we redeploy. No one’s talking want the American people to know my good colleague and friend from the about cutting and running, but rede- that we are leading on behalf of the great State of Ohio, Niles, Ohio, and we ploy in a responsible way and getting country, not just one side versus the have spent many an hour on the floor our kids out of harm’s way, because other. We do not want to create that here talking about these issues, but I this has been botched from the get-go. kind of environment; but when it has was sharing with the Speaker and with But I think it is important, and I ap- to take place, it has to take place. the Members the fact when the Presi- preciate you consistently focusing. We Tonight, Senator WEBB, Virginia, dent comes here tonight that it is im- have talked for 31⁄2 or 4 years about if will be delivering the Democratic re- portant that it is a message that all we get in charge we are going to do it sponse to the President, and I think it Americans can embrace, that we deal in a bipartisan way, and we have been is important if we can see eye to eye on with the serious issues so that we can able to maintain that over the past a policy in Iraq because right now, as get on with the work of the American couple of weeks, and I think it is im- you know, a number of the Senators on people, because shortly after he gives portant that we continue to go down the other side of the Capitol dome have his speech, he is going to send his budg- that road. disagreed with the surge policy or with et to Capitol Hill, and that is going to If you look at, and I do not want to the escalation of troops policy that we have a lot to do with the way this Con- talk too long because I know my friend have now that the President has gress is going to function in this first has an interest in joining, I want to stepped forward with. Many Members session of the 110th Congress. look at the, Mr. Speaker, first 100 of the House on both sides of the aisle Hopefully, we will be able to pass a hours, at what we have been able to. disagree with that policy. budget that will work on behalf of the Okay. This has kind of gone in two As you know, Mr. Speaker, a number American people, but it cannot be a different directions. Pass the minimum of Americans spoke not only to Demo- my-way-or-the-highway kind of ap- wage, reduce student loan interest cratic candidates but to Republican proach that it has been in the past. rates, cut them in half, and allow the candidates about a solution in Iraq That did not work well, even when his Secretary of Health and Human Serv- versus just identifying a problem and party had the majority here in the ices to negotiate down drug prices. So continuing to add on to the unfortu- Congress. Imagine what will happen, if you are an average family, those are nate situation of U.S. troops losing and they do have the minority in this three major steps forward where you their lives in Iraq. Congress. are going to make more money, if you I think it is also important for us to But we are willing, Mr. Speaker, to have a minimum-wage worker, where know that for us to work in a bipar- work in a bipartisan way to make sure you have less student loans to pay be- tisan way the President cannot con- we can get something done. I think cause the interest rate is going to be tinue to say, just because I have the that is very, very important. I think cut in half, and the prescription drug power to deploy troops along with my that is what the American people are prices that your parents and grand- advisers that I am going to do it. I asking for, and I yield to my friend. parents are paying will be a lot less. So

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.063 H23JAPT1 ccoleman on PROD1PC61 with HOUSE H872 CONGRESSIONAL RECORD — HOUSE January 23, 2007 that is going to be significant savings he says and says he sent the escalation The issue of the investment on Big in the short term. troops. He is going to stick with it or Oil, the billions of dollars in subsidies, But now we have our long-term pro- my way or the highway. It is the wrong and now we have reversed and put gram, and if you look at where the approach and it is going to inflame the them in the clean, renewable energy, Democratic Party and Speaker PELOSI American people and Members of Con- that should not even be a debate. is pushing our agenda, we have invest- gress on both sides of the aisle. b 1530 ments into stem cell research, which is Also, I would like to say, even when something that we passed in this it comes down to the issue of the min- It should not even be, well, I agree Chamber just a few days ago, that we imum wage, I know that the President with it or I don’t agree with it. You are going to invest into this new and has said, well, you know, I like the should agree with it, because we need great and vibrant industry and new minimum wage but there are some it more now than ever. sector of our economy that is not only things that I would like to do. That is One of the big issues now, Mr. RYAN, going to reap tremendous health care fine, but as far as I am concerned, when when it all boils down to redeployment benefits for our citizens but also pro- it comes down to the bill, signing it, he of our troops in Iraq, all of this is a vi- vide jobs for our scientists and our re- needs to be overjoyed to sign it because cious circle of irresponsibility in the searchers and funding the research and that is what the American people want. past, or a lack of responsibility, and development and partnering with pri- It is not just Democrats. I mean, the making sure that we are able to carry vate sector people. American people want to see folks that out not only diplomatic responsibility, That is going to create an economic are making $5.15 an hour to make $7.15 but legislative responsibility and over- boom in the United States of America or greater because when they make sight. because once we pass it, if we can get more, the American people make more, I think the reason we have had the it past the President, that is going to salaried workers, because their pay is escalation in troops, Mr. RYAN, is prior be a heck of a move on our part. I going to go up. to the lights being illuminated or the think it is going to be great for the I see Mr. RYAN has something there committee rooms being illuminated to American people, and it is going to be he is going to go a little further into it. have hearings on what we should do in great for the next generation of people Stem cell research, folks may have Iraq, how we should work in a diplo- coming out of college and coming out issues here and there, but the bottom matic way in Iraq, what kind of leader- of medical school and getting their line is the American people have spo- ship should we have in Iraq, now that is Ph.D.s. We are going to have a whole ken in many of these Senate races and happening with the confirmation of a other sector of the economy. many of these House races, and they new general to take over the command In addition to the repealing of the have spoken because they want their in Iraq. corporate welfare, which I know you loved ones to have a better chance in I think it is important, Mr. RYAN, had talked a lot about on this floor the beating some of the terminal cancer that we move in the direction that we past couple of years, repealing the cor- that is out there right now and diseases have been moving in, and that is in a porate welfare that we gave to the oil that so many Americans are suffering bipartisan direction, that is in a direc- companies and the energy companies through and their family members are tion that the supermajority of Amer- and putting that money into research trying to fight through those issues. ican people agree with. Let’s get those for alternative energy sources, creating The bipartisan 9/11 Commission, Mr. things off the table. Let’s start fine- and pushing a whole other sector of our Speaker, why fight on the commas and tuning these issues of six in ’06. I think economy so that we do not depend on the periods saying that, well, we be- some of the Republican leadership just the Middle East for our energy, we got lieve that we are already doing that. has issues with the fact it is part of six it right in the Midwest in the United Well, apparently you must not be doing in ’06 and ‘‘we have to be against it, be- States of America. it because the 9/11 Commission has cause we didn’t do it when we had the given you Ds and Fs in those areas that So we are stabilizing. We are taking opportunity to do it.’’ care of people today. We are giving the you say that you are already doing it. I can care less about what happened So not just because we got to the caf- American people a pay raise, cutting in the last Congress. I do care about eteria first we get an opportunity at student loan interest rates in half, re- what is happening in this Congress, Mr. ducing the cost of prescription drugs the only oatmeal cookie that is left. It is the fact that we have to secure RYAN, and what is happening in the fu- now, and then in the future moving ture Congresses. Because when folks into these two major growth areas of America. This goes beyond I thought of this first or I thought of this second. woke up at 7 o’clock in the morning on alternative energy and stem cell re- a Tuesday morning and voted for rep- search and into the health care indus- The American people said they want the full implementation of the 9/11 resentation, they voted for leadership, try. they voted for bipartisanship, they I think Leader PELOSI and Mr. HOYER Commission, and that is what we gave voted for a Washington, D.C., espe- and Mr. CLYBURN and Mr. LARSON and them. The majority vote here in this cially under the Capitol dome, Ameri- Mr. EMANUEL have all set an agenda for House and will be a majority vote in cans coming together, because we are the Democrats in the House to do some the Senate and will have the oppor- all Americans, coming together on be- good in the short term and then to tunity to go to the White House and half of the greater good. open up these other areas of the econ- hopefully the President will implement That is what they are counting on. omy in the long term. those recommendations, it is to make So with that I would be happy to America safer. It is not because it was That is what we should give them. The yield back to my good friend, my dear not your original thought to do it, and majority of the Members of the House should give that to them. When I am friend from Florida (Mr. MEEK). I am hoping that he comes to the floor Mr. MEEK of Florida. Well, I think it and embraces that on behalf of all of speaking of the majority members of is important that we have a real dis- our safety. the House, I am talking about Repub- cussion back and forth on this very I do not think that I need to advise licans too. I am talking about all of us issue. the President in any way, but I think coming together on their behalf. We talked about the President com- that on behalf of all of us, if we are So, to hear these issues tonight, it is ing to the floor and hopefully bringing going to continue the spirit that we going to be very, very important. The about and, well, promoting bipartisan- have started and bipartisanship and President has a choice. If he wants to ship, coming to the floor and saying having the least friction as possible, es- come to the floor, Mr. Speaker, and there are some good things that have pecially on issues that we should not continue to give the same speech that happened here; you know, hey recog- even be debating on, the issues that I he has been giving in the past, it will nize the historical moment of having have outlined, they are not even issues be very, very unfortunate. But if he the first female Speaker in the history that are brand-new issues. These are comes to the floor tonight talking of the country; but secondly, dealing issues that have been talked about in about how he would like to work with with some of the major issues. committee, talked about it in commis- the Democratic Congress and work I understand, Mr. Speaker, in his sions, even as it relates to campaigns with the Democratic leadership and the speech on Iraq he is going to say what to get to Congress. Republican leadership, and the same

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.064 H23JAPT1 ccoleman on PROD1PC61 with HOUSE January 23, 2007 CONGRESSIONAL RECORD — HOUSE H873 thing over in the House and the Sen- imum wage staying exactly where it you can pick an issue, and we will give ate, work in a bipartisan way, if he has been for the last 2 years, while the you the Web site and you can go and used the words ‘‘bipartisan Congress,’’ cost of everything from food to school check it all out. So a very skeptical I think he will be more successful in to gas goes up exponentially. Congress will be here listening tonight. passing legislation that we can all What we are doing here, piece by But I hope in regards to health care come together on and that we do have piece, is really restoring that American that we can really focus. Of course, we an input in it, because we will have dream, that idea your kids might be want everyone covered. But if you input in it, and we should not dig in able to do better than you, that your think about it, we actually have a uni- and deny the American people of this grandkids are going to live in a world verse health care system right now, great opportunity, Members, to see ad- with a greater quality of life than you but it is just run through emergency vancement in health care, to see some were able to live in. The first 100 hours rooms. It is run in the most inefficient, advancement in the issue of Iraq and were about doing that, and, as I know ineffective way that you could possibly Afghanistan at the same time, and to you both have remarked, doing it in a set up a health care system. So it is see some level of advancement in hav- bipartisan way, doing it in a way in really not even a system, but it is just ing clean air for our children and re- which the votes that came before in health care kind of. newable fuel here in America, invest- the first 2 weeks drew an average of 60 What we need to do is try to get some ing in the Midwest versus the Middle Republican votes. of this investment on the front end, East. As Mr. MEEK was saying as I walked make sure our kids through SCHIP I yield to my friend from Ohio. into the Chamber, I think the Presi- have access to health care, and that we Mr. RYAN of Ohio. Well, I appreciate dent tonight will find a very receptive are reaching out and communicating that. This is something you mentioned Democratic side of the aisle if he seeks and pulling in people who may qualify about being bipartisan and working in to embrace that same type of middle- for some of these programs but don’t a bipartisan way. I think what has hap- class/working-class agenda that we actually sign up for them. What is the pened here has been very successful, have made really the central feature of outreach going to be? Because as we and I think this kind of illustrates it. this place for the last 2 weeks. are competing a global economy, as we A couple of the things that the Mr. RYAN, if I might, I wanted to talk have talked 1 million times on this Democratic leadership and the Demo- just for a moment about health care, floor, we only have 300 million people cratic Caucus, with some help from the because we are going to hear some- in the United States of America. We Republicans on the other side, have thing from the President that, unfortu- are now competing against China, who been very successful. This is what has nately, we have heard for the last sev- has 1.3 billion, India who has a billion, happened just in the first 100 hours, eral years. We have heard that the and everyone else on the globe. We should this all become law. President wants to focus on the rising only have 300 million. You look at the minimum wage being costs of health care, the trouble that So we have to make our best efforts raised. It means $4,400 a year for the middle-class families are finding in count, because we need all 300 million average minimum wage worker. So trying to find insurance. on the field playing for us, especially over the next 5 years, the average per- It is about time on the issue of these young kids who are coming up son will make another $22,000 because health care that this administration through the ranks. That is why I think of what happened here in this Chamber, starts to meet words with action. We it is important when we are talking led by Speaker PELOSI in a bipartisan have seen a lot of verbal compassion, about the minimum wage and we are way with a handful of Republicans who but we haven’t seen a lot of meaningful talking about making sure that stu- were able to do that, 80 or 90, I think. reform from this administration, as the dent loan rates are cut in half so we College loan interest rates cut over 5 profits being made by those who would can have more kids go to college, and years will save about $1,473. Total earn- make money off of this health care sys- then we pass the stem cell bill, so we ings and savings for a family over 5 tem are in record numbers today. We are creating not only a compassionate years will be $23,473. are seeing on the other side record kind of research that is going to go on This is bread and butter stuff. This is numbers of families falling into the and save people’s lives and improve what will be implemented if we can get ranks the uninsured. their quality of life, but that is cre- it through the other side and signed by Tonight we are going to hear a pro- ating jobs in a whole new sector of the the President. This is good stuff. This posal that will essentially lop off fami- economy that right now we are not is what we can do in a bipartisan way. lies who are receiving good insurance doing exactly what we should be doing. So, I think this kind of stuff is im- and put them into the ranks of those Then we also repeal the corporate portant to move the country forward. families that have very bad insurance welfare and we take the 13 or 14 billion When we do that, I think we open up a or are underinsured. Essentially the and we are going to pump that into al- lot of opportunities for a lot of people President is going to propose tonight ternative energy, create a whole other around the country, and really around to make health care cheaper and worse, sector for alternative energy sources. the world, because of the opportunity whereas the Democrats, we know we So you put all this stuff together that we would provide here. This is the can find a way to make health care that we are able to do that, that is bold kind of bipartisan agenda that we want cheaper and better. leadership. These are the kind of ini- to continue with. I simply look forward, Mr. RYAN, to tiatives that we really need in the We are joined hereby a rising star al- engaging the President on that debate country, and Speaker PELOSI has pro- ready making a name for himself down and trying to convert he and his ad- vided us with that leadership. here in Congress, our good friend from ministration to the new-found wisdom So I hope in regards to health care, Connecticut, Mr. MURPHY. we found in this Chamber to put mid- we get some bold tax credits. How Mr. MURPHY of Connecticut. Thank dle-class families rather than those about a bold program where all Ameri- you, Mr. RYAN. I am only making a lobbyists and corporate interests first. cans are going to be covered and where name for myself by associating myself Mr. RYAN of Ohio. Mr. Speaker, I we are going to put the money, instead with the works and deeds of Mr. MEEK thank the gentleman for his remarks. of managed disease, prevent diseases and Mr. RYAN. The President only has a couple years from happening and investing in these You are exactly right. As you know, left, Mr. Speaker, and I hope he really young people so that they are healthy, I am able to join you here as a second uses this as an opportunity to try to educated and then create opportunity time as a new Member of this Congress. reengage Congress and reengage the for us. What we were charged with doing American people and have some bold Mr. MEEK of Florida. I think it is was really taking back this House and initiatives too. And not just the rhet- very important, Mr. RYAN, to really this place for people who are struggling oric. Because we went through and our talk about many of the issues that are every day to make ends meet. The cost staffs went true and were comparing facing the right here, right now Con- of tuition since 2001 has gone up 41 per- everything that the President had said gress, right here, right now. Not, well, cent, while we know wages have essen- in previous State of the Union address- what we would like to do pie-in-the- tially remained stagnant, the min- es and then what the reality is, and sky. Something realistic.

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.066 H23JAPT1 ccoleman on PROD1PC61 with HOUSE H874 CONGRESSIONAL RECORD — HOUSE January 23, 2007 Mr. MURPHY, I can tell you that it is and OPEC nations to pay that for us taking money out of this pocket and very important that when we look at and we will just owe them. We don’t putting it hopefully in the other, with the issue of Iraq, that we have a real have to pay it any time soon, but we some coming out to pay for it. discussion. The President is going in will owe them. We will be indebted to There will be no real program that the opposite direction of the American countries even to countries that we will benefit the middle class in achiev- people at this point. I mean, in Novem- have been with war with in the past. ing health care. It would have to al- most be, Mr. Speaker, an atmosphere ber, that is what happened. The Presi- b 1545 dent is moving in this direction, the to where for a person to get a true ben- American people are going in the oppo- Mr. RYAN of Ohio. I appreciate that, efit, they would probably have to go site direction. He could be going this because that is exactly what happens is out and get a tax attorney to under- way, they are going that way. I mean, you don’t have the money, there was stand their opportunities, their lucky- it is just that simple. no pay-as-you-go in the last several ducky opportunities that we hear so I don’t know who the advisers are in Congresses, runaway spending, bor- much about here on Capitol Hill. the White House or what have you, but rowing money from China. What does I think it is important, Members, when you have generals that have been that mean? Well, here is our budget that we break this thing down before in the field at the double digit numbers priorities for 2007 prior to Democrats we leave Washington this week to saying that we are headed in the wrong taking office, budget into the billions make sure the American people know direction as it relates to the strategy of dollars. This red bar here is just in- exactly the direction that the adminis- that the administration has, you have terest on the money that we borrowed. tration wants this Congress to move in, Colin Powell. Goodness gracious, the This is not paying it down; this is just because there has to be a discussion. Secretary of State, the former I guess paying the interest on it. You know, And it has to be open-ended, Mr. MUR- two Joint Chiefs of Staff, the head of you get your mortgage and you get PHY. He needs to say, Listen, I have the military, to say an escalation in your car loan and you open it up and this health care initiative; I would love troops in a civil war is a wrong thing you have got a 5 or $600 payment. You to have a discussion with the Congress to do. see $300 of it is actually going to the on how we can make this possible for We have been saying in November payment and the other stuff is interest, the American people. and even now saying that the principal and it breaks your heart. Now, I can tell you right now, the mission of our forces should be training This is what the country is doing. superwealthy have an advocate in the of the Iraqi troops. Now, that is ‘‘we But compare that to what we are administration in making their tax are going to start training.’’ doing, this is education, homeland se- cuts permanent; I am talking about the Well, we have been saying that from curity and veterans. This is going back superwealthy. I am talking about the the beginning. That is a strategy to re- to China; this is going back to some of folks who are not worried about if they deploy hopefully one day. Not ‘‘we will those other countries. are going to be able to get health care. work it out sometime in the near fu- And then you look and you see China They already have it. We are talking about those 47 million ture.’’ The issue of the logistics and says the test they did in space does not Americans that are stuck right now, force protection and counterterrorism signal an intent to militarize space. and the thousands of small businesses activities, those are the things that we You can’t get the real facts on China’s that once provided a level of health should be involved in versus patrolling military budget, but they are buying a care; but let’s not make it so technical the streets of Baghdad. Patrolling the ton more ships. That is where that so that only a few can benefit. Some of streets of Mosul. That should be the money is going. I think it is important to make that the earned income tax credits are not Iraqi force’s responsibility right now. taken advantage of, Members, because The beginning of phase, to be able to point because it is not just money that when you are punching in and punch- redeploy our troops, that has to hap- just goes and floats out and the Fed- ing out every day and you have to go pen. We have military bases, Mr. RYAN, eral Reserve tries to find it somewhere. pick up your kids, and if you have got we have been there. We have military It is going to China, it is going to the Middle East, it is going to OPEC coun- to take them to the doctor, you are bases that are the size of some U.S. cit- making a career decision, that is the ies in Iraq where troops can be trained, tries. And then we are funding both sides of reason why the emergency room is so Iraqi troops can be trained, along with convenient because the boss person the war on terror because we are buy- getting some of our allies to take part doesn’t want to let that working par- ing all the oil, making them money. It in that. ent or parents off to be able to take So for us to have what we talk about gets back to the terrorists. And then care of his health care needs. so much here on this floor, a bipartisan we have a war in the Middle East and So this is a huge issue. But at the approach towards some of these major, we pass almost $500 billion already that same time, I think it is important, major issues, we are going to have to we are spending from our side already Members, that we keep in the frame move in that direction. on the war in Iraq. here this issue of Iraq. It has to con- To try to make tax cuts permanent Mr. MEEK of Florida. I am going to tinue to surface; we have to deal with for the super wealthy, that is the oppo- yield to my friend from Connecticut it; and the American people are count- site direction as it relates to being able here in one second. Great point. I am ing on us to provide leadership. to provide some sort of relief for the glad that you put a period at the end of I yield to the gentleman from Con- middle-class and small businesses in that dot. necticut. this country. We have already said, Mr. Mr. RYAN of Ohio. That is why we Mr. MURPHY of Connecticut. I MURPHY, that we are going to operate are friends, stuff like that. thank Mr. MEEK. in a pay-as-you-go atmosphere. What Mr. MEEK of Florida. Thank you, There are already reports that the does that mean? Mr. RYAN, you know Mr. RYAN. words we may get tonight are going to how over the years we have said we The real issue here is, gentlemen, give a little short shrift to the issue of want to break this down, Mr. MURPHY, even before I have an opportunity to Iraq. If the President wants to put so that everyone can understand what get a copy of the President’s speech, forth a plan that is so unpopular that we are talking about. Mr. Speaker, and even before our great it is not backed by his own military That means if you are going to pay Sergeant at Arms stands there and leaders, it is not backed by our civilian for something, if you are going to says, Madam Speaker, for the first foreign policy expert, it is not backed spend money, then you have to show time in the history of the country, the by the American public, well, then he how you are going to pay for it. Not President of the United States, even should also have the courage to talk just saying a chicken in the pot for ev- before that happens, I guarantee you, about it, to defend it, to put it before eryone. Well, how much does it cost? gentlemen, that this health care pro- us. But knowing that it is unpopular, That is not important, because we will posal that the President has is going to we may not hear too much about it to- just ask our country, we will just ask end up being to the American middle- night. Japan, China, the U.K., the Caribbean, class taxpayer, a person that wants To get back to, Mr. MEEK, your point Taiwan, Korea, Canada and Germany health care, money out of this pocket, on health care, let us be honest about

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.067 H23JAPT1 ccoleman on PROD1PC61 with HOUSE January 23, 2007 CONGRESSIONAL RECORD — HOUSE H875 what is going to be proposed tonight, And I think the more we reach out diately after Mr. McNerney), Ms. Hooley (to how we are going to save money on through the SCHIP program to make rank immediately after Mr. Kanjorski). health care. It is not by investing more sure that these families who are quali- (4) COMMITTEE ON SMALL BUSINESS.—Ms. in prevention; it is not by moving peo- fied for children’s health care know Millender-McDonald, Mr. Jefferson, Mr. ple out of emergency rooms and put- Shuler, Mr. Gonzalez, Mr. Larsen of Wash- that they are qualified, to get them ington, Mr. Grijalva, Mr. Michaud, Ms. Bean, ting them into real programs and care. signed up, because at the end of the Mr. Cuellar, Mr. Lipinski, Ms. Moore of Wis- It is taking people who have good in- day it is the right thing to do, it is the consin, Mr. Altmire, Mr. Braley of Iowa, Ms. surance and making their good insur- compassionate thing to do, but at the Clarke, Mr. Ellsworth, Mr. Johnson of Geor- ance bad insurance. It is going out and end of the day it is going to save every- gia, Mr. Sestak. taking folks who have had the great body a lot more money, too. Mr. RYAN of Ohio (during the read- benefit of working for an employer If we can get these kids at a young ing). Mr. Speaker, I ask unanimous that provides a comprehensive package age and make sure they are treated, consent that the resolution be consid- of benefits, and it is becoming less and evaluated, they know the direction ered as read and printed in the RECORD. less likely these days that even good that they are going in, they know the The SPEAKER pro tempore. Is there employers out there can afford to give medical history of both parents so that objection to the request of the gen- a robust package of benefits. they can be treated accordingly. tleman from Ohio? What the President is going to pro- I appreciate what you are saying and There was no objection. pose today is that for families that I appreciate you bringing up the issue The resolution was agreed to. have had the good fortune to find a of health care. A motion to reconsider was laid on good insurance plan, they are going to I know we are running down here; the the table. tax that employer. They are going to clock is ticking, Mr. MEEK. I would be make it less likely that you are going happy to yield to you in order to get us f to get good insurance anymore. So we down the road here of wrapping things REPORT ON RESOLUTION PRO- are going to get a proposal today which up. I appreciate all the comments that VIDING FOR CONSIDERATION OF is going to actually result in worse have been made here, and I appreciate H. RES. 78, PERMITTING DELE- health care for a lot of families. our young friend being here with us, GATES AND THE RESIDENT COM- I guess the point here is that, you who is probably older than me. MISSIONER TO CAST VOTES IN know, again, if we are going to listen I yield to our fearless leader from to the words that come from this ad- THE COMMITTEE OF THE WHOLE Florida. Ms. SLAUGHTER (during the Special ministration, we heard in last year’s Mr. MEEK of Florida. Mr. Speaker, I Order of Mr. MEEK of Florida), from the State of the Union that we need to con- think in light of bipartisanship, I know front the rising cost of care, strengthen Committee on Rules, submitted a priv- we split the hour, and I see my col- the doctor/patient relationship and ileged report (Rept. No. 110–3) on the league on the Republican side is al- help people afford the insurance cov- resolution (H. Res. 86) providing for ready here, in the light of bipartisan- erage we need, if we want to talk about consideration of the resolution (H. Res. ship, we will yield back our 10 minutes that, then we need to do something 78) amending the Rules of the House of that we have left on our time to get off about that. And how we do something Representatives to permit Delegates on a good note here. about that is not by taking the haves and the Resident Commissioner to the Mr. RYAN of Ohio. Mr. Speaker, for and putting them into the column of Congress to cast votes in the Com- any Members who want to, also to the have-nots. It is by keeping the mittee of the Whole House on the state their constituents, if they want to look haves where they are on health care of the Union, which was referred to the at some of these charts we have, and taking the have-nots and giving House Calendar and ordered to be www.speaker.gov/30something, get on them that same level of health care. printed. We can absolutely do that without the Web site, send us an e-mail at adding cost to the system, because [email protected], you f will get a chance to look at all these those have-nots, as Mr. RYAN said, end REPUBLICAN PERSPECTIVE ON up getting care. They just end up get- charts. 110TH CONGRESS ting the most expensive, the most un- I appreciate our friend from Con- necticut joining us. I look forward to The SPEAKER pro tempore. Under fortunate type of care, that being crisis the Speaker’s announced policy of Jan- care. We can do a better job on that. our President’s speech tonight and uary 18, 2007, the gentlewoman from And, Mr. MEEK, as you said, we can hope it is inspiring and filled with good Tennessee (Mrs. BLACKBURN) is recog- make sure that we continue to have information and good public policy that discussion on Iraq, which may be that we can work on in a bipartisan nized for 60 minutes as the designee of missing tonight. way. the minority leader. Mr. RYAN of Ohio. One of the issues, f Mrs. BLACKBURN. I thank the gen- you know, the more you talk, the more tlemen for yielding their time back ELECTION OF MEMBERS TO CER- and doing it in the spirit of bipartisan- you see how all this just really ties to- TAIN STANDING COMMITTEES OF gether. This is health care costs and ship. THE HOUSE tying in a way to the minimum wage. Mr. Speaker, I hope that now that The average family health care pre- Mr. RYAN of Ohio (during the Spe- the 100 hours is out of the way and we mium in 2005 was $10,880; and the salary cial Order of Mr. MEEK of Florida). Mr. are to the point of having the State of of a full-time year-round minimum- Speaker, by direction of the Demo- the Union, that we will see this body wage worker was less than that, $10,700. cratic Caucus, I offer a privileged reso- return to a format of regular order and So you will work as a minimum-wage lution (H. Res. 85) and ask for its im- regular process and rules that we have worker 40 hours a week for an entire mediate consideration. had in place and have respected and year and not even be able to pay for The Clerk read the resolution, as fol- this body has abided by through the your full health care bill. lows: course of this great Nation. That Now, in the United States of Amer- H. RES. 85 would, indeed, be welcomed. ica, there is something wrong with Resolved, That the following named Mem- In the 100-hour agenda we have seen that. There is something wrong with bers be and are hereby elected to the fol- the majority party take action on the wage of the minimum-wage worker, lowing standing committees of the House of some of the issues that they had cho- and there is obviously something Representatives: sen to address. Their 100-hour agenda wrong with the cost of health care in (1) COMMITTEE ON FINANCIAL SERVICES.—Mr. has included legislation on student the United States because of this kind Wexler (to rank immediately after Mr. Don- loans that really is not going to do nelly). of backward system that we now have anything to make loans more acces- (2) COMMITTEE ON THE JUDICIARY.—Ms. that just basically treats diseases and Wasserman Schultz (to rank immediately sible and available to those students is not focusing probably like it should after Mr. Davis of Alabama). that are trying to get into college. It is in preventing a lot of these things from (3) COMMITTEE ON SCIENCE AND TECH- not going to reduce the cost of college happening. NOLOGY.—Mr. Kanjorski (to rank imme- while it is there. And it will take effect

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.068 H23JAPT1 ccoleman on PROD1PC61 with HOUSE H876 CONGRESSIONAL RECORD — HOUSE January 23, 2007 after a person has graduated and then along and say, well, we are going to the right type step because it helps is working and is looking at consoli- change it. We are going to tweak it. It make health care insurance affordable. dating those loans and paying them does not matter if it is working well. Mr. Speaker, that is positive. That is back. And it leads us to question: Is it just a free-market way to address the situa- So that one was a little bit of a head- they want programs that only they de- tion. It is a pro-small-business way to scratcher for a lot of our constituents sign and only they grow, or do they address the situation. It is the right because we have worked tirelessly to want programs that are going to be of step. make college more affordable, to raise service to the American people? Another good step is allowing a tax the caps on what could be loaned for Another of the bills that came deduction, $5,000, $7,500, for small busi- students to get those Stafford loans, through was the 9/11 Commission im- ness that buy insurance. That is the Pell Grants and increasing the funding plementation, not exactly what had great step. That is the way it should for those, things that actually would been promised in campaign promises. be. You know, when you start looking make a difference, and that is an ac- But, you know, the new majority did at the end of the year and filling out complishment of the Republican ma- take the bill up and did take action. your taxes, that is money that you jority over the past decade. And we have heard from a lot of our have earned, and being able to take Minimum wage. One of our col- businesses that are in logistics and that deduction because you have done leagues had just mentioned minimum transportation with great concerns, something that is right, way to go. wage. And I will point out, Mr. Speak- great concerns about the cost. It should be incentivized. There er, to the Members of this body that Mr. Speaker, when you pass addi- should be deductions for that. And it is the actions that were taken on min- tional fees and additional mandates, appropriate that that take place. Now, imum wage, we heard from our small and additional costs on to business, those are private sector, free market business community. Certainly small guess what? Ronald Reagan was right. responses to addressing the health care business employers that are in my dis- It is the people that end up paying situation. They work very well with trict were very concerned about this. those costs. It is not businesses that the health savings accounts that were We have heard estimates of 5 to 7 to as are bearing those costs and absorbing passed as part of the Medicare mod- much as $17 billion in costs that this them. They get passed on to you, to ernization when that bill came forward would be to our small businesses. That me, and to other consumers, the tax- in 2003. is of tremendous concern. That is a payers, who see their costs go up be- Health savings accounts have been cost that is going to get passed on. cause the business that they are doing tremendously popular. We now know business with is having to meet the that we have about 15 million Ameri- b 1600 mandates of who? Guess what? The cans that are insured through health That is a cost that is going to get mandates of the Federal Government. savings accounts. The number is grow- passed on. And of course in the min- So, yes, this has been a very expen- ing. By 2010 we know that there will be imum wage bill, we had the unfortu- sive first 100 hours. And it has been over 20 million American families that nate error of Tunagate that was crept troublesome in that regular order was are there and insured through health into that bill somehow in one of the not abided by, the bills were not going savings accounts, having the oppor- sessions as the bill was being drafted, through committees and having hear- tunity to take responsibility for their and there again, not going through reg- ings and having the due diligence proc- health care from dollar one. ular order in making its way to the ess that we as Members of Congress are And continuing to incentivize health House. And we hope that we will see bound to do. And then they were just savings accounts, tax deductions there. that situation addressed. coming to the floor without those hear- There again, it is a private sector, free- And the tuna producers that Amer- ings. enterprise solution to the health care ican Samoa were exempted from that, I just had another of our colleagues situation, more market-driven, allow- American Samoa was exempted from mention something on health care. Of ing people to have control of access, to that minimum wage. That is not fair to course, this is an issue that we know take control of their health care deci- the rest of the tuna producers in this the President is going to speak a little sions, and to participate in those, have country. It is not fair to the rest of the bit about this evening. Before we move choice over who their physician is. companies that sell tuna and tuna on to a couple of other points, I do Those are the right things to do. products, and we do hope that there want to make a couple of observations Now, one of my colleagues just made will be attention placed to that and about health care and some of the dis- a statement about the haves and the that issue will be addressed, because it cussion that was taking place on the have-nots in health care, and made a was a northern California, San Fran- issue of health care. statement that health care could be cisco, company that produced the tuna We know the President is going to provided and, I think I am quoting this that is harvested in American Samoa. talk about health care tonight. Now, correctly, said: We could do it without We do have concerns about favoritism the Republicans, the conservatives, any additional cost to the system. that was shown there. have an approach that they think is a Oh, Mr. Speaker, let me tell you, The Medicare bill that was passed in right approach. We think that it is ap- when I hear things like that, without the first 100 hours will indeed yield ad- propriate for small businesses to be any additional cost to the system, it ditional costs to the VA. We have had able to band together and come to- certainly causes me to pay a little bit some numbers there that are of quite gether under an umbrella and purchase closer attention, because one of the concern, as much as three-quarters of a health care, health coverage, health in- things that we have realized, Mr. billion dollars that this would end up surance for their employees. Speaker, is you know what? Nothing is costing, be an additional cost to the That is very good. Our Nation has 40 free. There is nothing free. Nothing. veterans health care system, to our million uninsured, and to be able to There is no free lunch. There is nothing veterans for their pharmaceuticals. have groups come together, small busi- free in health care. Somebody is paying And what we have heard from our nesses, let us say all of your florists, or the bill. seniors is that they are pleased with all of your auto supply companies, or What we see take place many times Medicare part D. They are pleased to all of your plumbing companies, or is cost shifting, and you will see costs have access to affordable health care. companies that are a part of the Cham- shift within a system. Now, in my won- They are very pleased that prescrip- ber of Commerce or other small busi- derful State of Tennessee, we have had tions and pharmaceuticals and thera- ness organizations, or women-owned an interesting situation take place. We pies that at one point they did not businesses, businesses of like groups have had a program that went into have, that they now have access to can come together and make that pur- place in January 1, 1995. It is called that. chase of insurance. TENNCARE, and it was basically a It was a little bit of a head-scratcher, It is called small business health template for HILLARY CLINTON’s health Mr. Speaker, that a program that has plans or association health plans, very care plan. And one of the talking been so well received by our seniors, good idea for helping our Nation’s 40 points on it was: There will be no addi- that the new majority would come million uninsured, and the right type, tional costs. We will just spread out

VerDate Aug 31 2005 04:17 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.073 H23JAPT1 ccoleman on PROD1PC61 with HOUSE January 23, 2007 CONGRESSIONAL RECORD — HOUSE H877 the risk. We will allow those who are then good decisions get made. When in- Mr. PRICE of Georgia. Sometimes it uninsured, up to so many percent of surance companies or government in- is hard to get your arms around what poverty, 400 percent of poverty, to serts themselves into those decisions, do you mean the government being in- come in and to access health care, and then most often, most often those deci- volved in the process. we will spread the risk. We will do it sions do not resemble the kind of deci- I would suggest to my colleagues through managed care organizations. sions that individual persons would here and others who are listening that And managed care organizations can make in very personal health care deci- we already see the inroads of some gov- compete for the opportunity to provide sions that they have. ernment decisions. One of them is what this insurance. I appreciate the comments that you sounded wonderful at the time, the Well, it has been a program that has made. I would like to commend the HIPAA legislation, Health Insurance had quite a bit of turmoil. We now see President for putting on the table what Portability and Accountability Act, that nearly 30 percent of the individ- I believe will be discussed tonight in which was supposed to make every in- uals in our State are on the program, his State of the Union; that is, the in- dividual citizen in this Nation make and it is eating up about 36 percent of dividual tax deductibility of health in- their health records more secure and our State’s budget. surance. I have been a longtime sup- private. In fact, what that bill has done The reason for that, Mr. Speaker, is porter of the right of individuals to is make that information less private because whenever you are trying to have the same kind of benefit that em- and more available to more individuals give things for free, someone else is ployers do in the purchase of health in- than ever before. That is because, as paying. In the case of TENNCARE, it surance. you well know when you go in to see has been the citizens of our State, the So I am pleased that we have heard your doctor, the first thing you have to taxpayers of our State. And there is no that that is indeed going to be a possi- do is sign a ream of documents. You way to ever keep up with the expo- bility brought forward by the President feel like you are in a lawyer’s office. nential growth of that program. So I this evening. It would give so many You sign a ream of documents. would encourage all of my colleagues people an opportunity to purchase What you are doing when you sign to be very, very thoughtful as we move health insurance that right now are those documents is providing so that forward on the health care debate. not able to do so financially. So I look the physician, when he or she shares There is no such thing as being free. forward to that proposal coming for- your medical information with any- There is no way to do this with no ad- ward tonight. And I would be happy to body, isn’t liable for violating HIPAA. ditional cost, because, as you try to yield back to the gentlewoman and Medicine is a collegial activity. It re- make more things free, what happens talk about some other issues if you so quires that Dr. A communicate with is your access is restricted. What hap- desire. Dr. B who communicates with Dr. C, Mrs. BLACKBURN. Mr. Speaker, I pens is you have fewer physicians who and they get together and come up thank the gentleman for yielding. Be- are available for those individuals that with the best solution for anybody’s fore I yield back to him for some fur- need those services. What have you health problem. ther comments, I just want to high- when things are free is people flood When you are not able to share that light one of the things that he brought into that State trying to get that for a information, the quality of health care up as a physician, and someone who reduced fee, and your own citizens of goes down. What has happened because deals with this. the government had this brilliant idea the State who need the program many When you have a government-run to get involved in the process is to say times are not able to access it. program, what you are doing is putting So I would step very cautiously as bureaucrats in charge of your health we will make it so that your informa- our colleagues on the other side of the care decisions, and you are removing tion cannot be shared with anybody aisle talk about health care that is that doctor-patient relationship many unless you give your permission. So be- going to be free, and universal health times. You are putting a barrier there cause Dr. Smith doesn’t know when he care and HILLARY CLINTON’s health care between the individual and that doctor. or she is going to run into Dr. Jones to plan. There are some pitfalls that are Someone else that is removed from the discuss that case, it is imperative that there, and they deserve to be recog- process is making that decision; there- every single patient sign away their nized by the body of this House. by it removes the patient many times right to any privacy so the doctor can As we talk about health care, I would from that decision process. communicate when that time arises. love to yield to the gentleman from What the government has done by Georgia, Dr. PRICE, a distinguished b 1615 putting these rules in place, which Member of this body who is an expert That is something that we do not sounded wonderful, but what the gov- on health care, for some of his want to see this Nation run toward. ernment has done is made it so every thoughts on the issues of the day. Our seniors, our families want to be single patient in this Nation, their Mr. PRICE of Georgia. Mr. Speaker, I able to participate in making those medical information is less private and thank the gentlewoman for yielding. I health care decisions for themselves. less secure than it was before govern- want to thank you for your leadership We are so pleased to know that the mental intervention. and your organization of this hour, and President will talk about, as I said ear- Mrs. BLACKBURN. I thank the gen- day in and day out of working here in lier, the private sector free market- tleman for bringing that forward. The the Congress to represent your con- based approach to solving our health unintended consequences are many stituents in Tennessee, but working so care problem. times what is so difficult to deal with. diligently on behalf of the hardworking Mr. Speaker, that is what it is going In theory to bureaucrats sitting in American taxpayer out there, making to require, innovation, thinking out- buildings, that sounded like a great certain that their interests are upheld side of the box and being certain of deal: let’s have everybody sign the here in the House of Representatives. something we know: access, afford- forms. I appreciate you bringing up the ability, and preserving that doctor-pa- In practice what happened for physi- issue of health care. There are a couple tient relationship. cians, it was additional paperwork, ad- of things that I would be interested in In my case, preserving health care ditional staff, and removing the pa- talking about today. But the issue of for Tennesseeans. In the gentleman tient from the process, making it health care is near and dear to my from Georgia (Mr. PRICE), preserving longer before they get a definitive di- heart. As you mentioned, I am a physi- health care for Georgians. That is agnosis and know how to begin a pro- cian, or was in my former life before where our focus will be as we move for- tocol and treatment that will restore coming to Congress, spent over 20 years ward on this discussion. We do not their health, things that impede a in the private practice of orthopedic want a government-run, government- quality of life that our constituents de- surgery outside Atlanta. directed program that is going to place sire. One thing that I knew for certain and barriers between patients and the indi- So those unintended consequences that my patients knew for certain was viduals that are making those deci- many times get in the way. We are just that when doctors and patients are sions with their health care profes- very hopeful that we will continue the able to make health care decisions, sionals. focus and that the Democrats will join

VerDate Aug 31 2005 04:17 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.075 H23JAPT1 ccoleman on PROD1PC61 with HOUSE H878 CONGRESSIONAL RECORD — HOUSE January 23, 2007 us in wanting a private sector, free- I yield back. possibly the elections in the terri- market solution to health care and not Mrs. BLACKBURN. It does indeed. I tories, did anyone ever address the a government-run bureaucracy. thank the gentleman for yielding back. issue of Delegates voting on the floor Mr. PRICE of Georgia. If the gentle- Having this process that gets more of the House of Representatives. I can woman would yield, I appreciate that and more convoluted every single day honestly say I don’t know of anybody description of a free market private is of such concern to our constituents who used that as an issue that they ran system health care. I call it patient who just want to be able to go to the on in November. centered when I am talking about pri- doctor, have a relationship with the We all appreciate that the American vate because it means that patients are doctor and know a little bit about what people were interested in change when empowered to do what they feel is ap- to expect. they voted in November, but I’m with propriate in their instance. As I said earlier, not knowing what you: I don’t think that the American When you have a medical problem or to expect has been one of the inter- people were interested in this kind of when somebody else has a medical esting points that we have dealt with change, this kind of change that I be- problem, their decision about what in this first 100 hours. I think that we lieve to be unconstitutional. they want to do to treat that may not all have been a little bit concerned When I go to schools, middle schools be what mine would be or my family’s about a bill that was brought forward and high schools, around my district would be. It is only when individuals on Friday. I know my constituents and I talk to students and we talk get to make those personal decisions asked about it as they heard about it about the process of government, of- that we are able to make certain that over the weekend. We talked about it tentimes I will ask them a question: patient-centered health care exists. on the floor some this morning, and Can we make any law we want in the When we try to describe what the fu- this is allowing the Delegates voting House of Representatives? Can we ture may be if our friends on the other rights. make any law in Congress we want? side of the aisle had their way and put I have had constituents say, well Sometimes you will get some folks in place a government system that now, wouldn’t that require an amend- that say yeah; but most often the they tried to do in the early 1990s, all ment to the Constitution? They re- young men and women and boys and you have to do is think about the last member when this debate took place at girls in my district and I know across time you were at your doctor’s and you different times through history back in this Nation know and understand and needed a test or an X-ray or some type the 1970s and again in the early 1990s appreciate that the guiding principles of procedure done. Well, it is very like- when there were those that wanted to that we follow here are defined in the ly that discussion and education that give voting rights to our territories. Constitution. I know that it is chal- you got as a patient with your physi- They are very, very concerned about lenging sometimes for people to be held cian didn’t last terribly long and you this, and rightfully so. to make certain that they follow the came to an understanding and agree- This morning on the floor earlier I Constitution, because there are some ment about what would happen next. quoted a comment that was made by really stiff rules in this Constitution. What you may not have known what But one of the ones at the very begin- the Democrat Speaker of the House in happens next is one of those employees ning, article I, is about the legislative 1970, Tom Foley, who said: ‘‘It is very in that office then gets on the phone branches, as you well know, Mr. Speak- clear that a constitutional amendment and talks to the insurance company to er, and I believe article I was about the would be required to give Delegates a make certain that it is okay. Most legislative branch because the Found- vote in the Committee of the Whole or often we have gotten that process down ers knew the incredible importance of in the full House.’’ That was taken to be relatively streamlined. But can the representative branch of govern- from a New York Times editorial. you imagine if we put the government ment, the legislative branch of govern- Now, this is something that we have in charge of health care and you had to ment. And section 1 is about all powers to realize, we hold our Constitution get on the phone and get the govern- being vested in the House and Senate. and the orderly process and the rule of ment’s permission, Washington’s per- Article I, section 2 states: ‘‘The House law that is laid forth in that Constitu- mission, so you could have an MRI or of Representatives shall be composed biopsy or some other procedure? That tion, we hold that to be meaningful. We of Members chosen every second year is what is looming. recognize the necessity, Mr. Speaker, by the people of the several States.’’ The problem is now just time and in- to respect the Constitution of this It didn’t mention anything about ter- convenience. The problem is that if great land. We respect that it is built ritories, Delegates from territories. I you, in order to have that happen and on one man, one vote and equal rep- am so pleased, and we are really aided to be effective from the government, resentation under the law. by the representation in the commit- from Washington’s viewpoint, if you So when we hear about giving the tees by the Delegates from the terri- were not to follow those rules, there residents of our territories a vote, it is tories, by the Resident Commissioner would be significant punishment. In of concern to us and it does raise sev- from Puerto Rico, by the Delegates fact, you would violate the law. eral succinct points that we have dis- from Guam, the Virgin Islands and So what we saw in the early 1990s in cussed on the floor today. It is a point American Samoa, and by the Delegate the proposal that was put on the table, worthy of discussion because it appears from the District of Columbia, but if you as a patient or a physician were that since this has not gone through clearly they do not represent States. to do something that wasn’t allowed by regular order and through the com- In this Chamber, Mr. Speaker, when the government, that would be a crime. mittee process, we haven’t held hear- we gather as a Committee of the Whole It wouldn’t just be a bad decision; it ings, this is nothing more than an un- or as the House of Representatives, it would be a crime. constitutional power grab in order to is clear that the Founders and that our So what our friends on the other side try to move the new majority’s agenda. Constitution states that an individual of the aisle are in fact proposing in the It is of tremendous concern. to vote in that instance must be a small print, and I know they like I yield to the gentleman from Geor- Member of the House and a representa- bumper-sticker politics, I know they gia for some comments on the issue. tive of the State. like to give these glorious titles to Mr. PRICE of Georgia. I thank the Mrs. BLACKBURN. Mr. Speaker, re- things, and they sound wonderful, but gentlewoman for yielding and her lead- peating again from the Constitution when you get down to the fine print, ership on this issue. that the representatives of this body what you see, especially in the area of The issue we are talking about is are popularly elected from the several health care that I feel so passionately House Resolution 78, H. Res. 78. As the States, and that is so important, and I about, when you get down to the fine gentlewoman mentioned, it was just want to talk for just a moment about print, what it means is that patients brought up as a possibility that we the size of our districts. and doctors will be exposed to criminal would be voting on it this week this Mine is right around 700,000 people. violations if they don’t follow what past Friday. I would venture to say, We have some that I think are as low Washington says they ought to do. Mr. Speaker, that in your race and I as 640,000, 650,000. They are going to That concerns me very, very greatly; know in my race and I doubt in any- vary just a little bit. But that is the and I know it does you. body’s race around this Nation, save size of them.

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.076 H23JAPT1 ccoleman on PROD1PC61 with HOUSE January 23, 2007 CONGRESSIONAL RECORD — HOUSE H879 We do appreciate so much the guid- size. What difference does that make? because they know that troop levels ance that is given by the Delegates But, again, our Founders knew and un- are returning to where they were dur- from the territories. They are a valu- derstood wisely that every Member of ing the electoral process that took able participation and a valuable addi- this House of Representatives ought to place in January of last year in Iraq. tion and a wonderful and treasured re- represent essentially the same number They know that the radical cleric, al source of this body. We need their opin- of people so that when individuals at Sadr, has decided to call off his boy- ion and their input. But the Constitu- home, citizens at home, vote for their cott, and that his people are returning tion does not allow for their having a representative, their vote counts basi- to participate in that newly formed vote. cally the same as every other citizen of Parliament, and they know that he is I think in Guam we have about this Nation. And when you have dis- lowering his profile. And they also 155,000 people, and in American Samoa tricts that are one-tenth the size of have seen Prime Minister al Maliki there are about 57,000 people. other districts, which, as you men- begin to take a change of course and to b 1630 tioned, American Samoa has a popu- put some distance between himself and lation of about 57,000, 58,000, and most al Sadr. But this is of tremendous con- So we look at one man, one vote and of our districts are around 650,000; so cern to us when we hear the naysayers the equal representation, and then we that means that every person in Amer- talk about cutting funding and not have to say, my goodness, that is just ican Samoa who votes, their vote supporting the troops. really a far smaller number. That is counts 10 times, 10 times the amount And this morning I was on the floor the size of many of our towns or our that your vote and my vote and every speaking about our colleague SAM counties that we represent when you other American citizen’s vote counts. JOHNSON, who truly is a hero and has a have a district like mine. So I think And that, Mr. Speaker, and ladies and wonderful piece of legislation that that it is important for us to realize gentlemen, and colleagues of the House steps forward. It is House Resolution that. of Representatives, one, is not fair; 511, and it really pushes forward on the And it is important for us also to re- and, two, it is not the way our Found- idea of supporting our troops and fund- alize that these are Delegates that will ers envisioned anybody voting in this ing these men and women who are in be able to vote to raise your taxes, but House of Representatives. harm’s way, making certain that they they are not paying those Federal in- Mrs. BLACKBURN. I thank the gen- have what they need to do the job that come taxes, and that is of tremendous tleman. is in front of them; sending the mes- concern to our constituents. And one of the things that we have sage to them that we stand with them Mr. Speaker, we have dubbed this our focus on as we prepare for the and we are not going to desert them. time and again the ‘‘hold on to your State of the Union tonight and for the We know that this is difficult work. wallet Congress’’ because it seems as if work that is before us for the rest of We know that it is a job, as I said, that they are looking for ways to increase this Congress is certainly making cer- is slow; that progress is slow. But, Mr. the cost of government and increase tain that we are successful in our ef- Speaker, as we stand here today pre- the size of that bureaucracy. And our forts in Iraq and making certain that paring for the State of the Union, and concern is that this is another of those we are successful in the war on terror. as we expect to hear this evening from ways that would make it easier to raise Mr. Speaker, our constituents know our Commander in Chief that the state your taxes. that this has been a long war. They of the Union is indeed strong, we also And I yield back to the gentleman know that the terrorists started at- want these men and women in uniform from Georgia. tacking us over two decades ago, and to know that it is strong because of the Mr. PRICE of Georgia. I thank you so they also know that on September 11 work they do. much for yielding. And I appreciate this Nation decided we were no longer We have the ability to stand here your bringing up that point because it going to respond to terrorist attacks as every day and talk about freedom and is so important and really so basic to civil disobedience. What we were going defend freedom and talk about having a our Nation. to do was to change course, and we Nation that is so wonderful and so di- Our Nation began for a variety of were going to respond to it as what it verse that we all, each and every one of reasons, but not the least of which is is: an act of war. And our constituents us, can pursue our dreams, can focus on that our Founding Fathers believed all know, especially constituents in my hope and opportunity that is so impor- that they were being taxed without any district, National Guard families, Re- tant to us. We do that because men and ability to have representation in the serve families, families at Fort Camp- women have put their life on the line, body that was deciding whether or not bell that are in our district, they know many times more than once, many to tax them. They had taxation with- that this is a very, very difficult time times for days on end, to be certain out representation. for our Nation, and it is a difficult time that freedom remains. And we feel that Well, this is really turning it on its for our men and women in uniform. it is appropriate to bring forward a res- head because, as you mentioned, the And they know that freedom is worth olution that says fund the troops and individuals, the people in American protecting. fund their needs. Samoa, Guam, Puerto Rico, and the And when I talk to those men and We think that it is important that Virgin Islands, wonderful people that women, many who have been deployed we move forward letting the men and they are, but they are not obligated to in Afghanistan, have done two deploy- women know that, when they are in pay any Federal income tax. None. So ments in Iraq and know that they may the field, we are listening to them. We what we would be doing would be al- be going back, they will say, Yes, we are listening to the troops. We are lis- lowing Members, individuals in this are going back because our job is not tening to the commanders, and we re- House of Representatives who would be done. And they understand it, Mr. spect their judgment. That is an impor- described as Members, to vote on Speaker. And they know that we take tant message for us to send. whether or not to raise income taxes, a step forward and then we take a step And I yield to the gentleman from but not be affected personally and not or two back, and that it comes very Georgia for his comments. have the people that they represent be slowly, and that progress is very slow. Mr. PRICE of Georgia. Mr. Speaker, I affected. So that would be representa- We have seen, and our colleague JOHN thank the gentlewoman for yielding. tion without taxation. And I simply be- SHADEGG had handed me an article And it is so important. And I appre- lieve and I think that our constituents from Real Clear Politics that pointed ciate your bringing up Congressman believe across this Nation that that is out some things that have been hap- JOHNSON’s resolution. I spoke for a fundamentally wrong. Fundamentally pening recently that just haven’t brief moment on the floor earlier about wrong. caught the eye of the media, and I wish that as well. And I want to get back for just a mo- that they had because I would like for And I know that in this Chamber we ment to the issue of one person/one them to catch the eye of the American can disagree about a lot of things, and vote, because when people say, well, it people. we should. Our system works best when does not make a whole lot of difference First of all, there appears to be some ideas are exchanged and the best solu- if the districts are a little bit different retreating by al Qaeda from Baghdad tions rise to the top, because it really

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.077 H23JAPT1 ccoleman on PROD1PC61 with HOUSE H880 CONGRESSIONAL RECORD — HOUSE January 23, 2007 is a battle of ideas. But in this instance enemy knows this and will continue to The gentleman from South Carolina we can disagree, as I mentioned, about strike as long as they think our coun- (Mr. CLYBURN); many things, but we ought not disagree try is not united.’’ The gentleman from Illinois (Mr. about whether or not our men and And another of the veterans said in EMANUEL); women in harm’s way, our troops who this e-mail: ‘‘What is important is that The gentleman from Connecticut are defending liberty truly around the we show a unified front to the enemy (Mr. LARSON); globe, ought to receive every single re- and we give the new plan and the de- The gentleman from Ohio (Mr. source that they need in order to de- ployment a chance to work. If we win, BOEHNER); fend themselves and to defend us. if we defeat radical Islam, then maybe, The gentleman from Missouri (Mr. I know that many folks go to Walter maybe, this is all going to be worth BLUNT); Reed and visit some of those brave men it.’’ The gentleman from Florida (Mr. and women who have been injured in Mr. Speaker, these men and women PUTNAM); and battle. I have had the opportunity to who have put that uniform on and have The gentleman from Michigan (Mr. do that, and I was struck always by gone into battle know that this is the MCCOTTER). every conversation that I had with price that we pay. They understand The VICE PRESIDENT. The Presi- some of those men and women who that this is not going to be easy. They dent of the Senate, at the direction of have come back, some with devastating know, and they are watching the Presi- that body, appoints the following Sen- injuries, truly. And I am just so hum- dent’s speech tonight, and they are ators as members of the committee on bled by those conversations that I have watching our response. And I would the part of the Senate to escort the with those brave soldiers and warriors submit to you, Mr. Speaker, that our President of the United States into the because I would try to close every con- enemy is watching our response. And I House Chamber: versation and ask them what it was will submit to you that, while we all The Senator from Nevada (Mr. REID); that we could do to help. What can I do have different philosophies, we all The Senator from Illinois (Mr. DUR- to help? And virtually every single one come from different districts, and we BIN); of them said without fail, Congress- are a very diverse body, I would com- The Senator from New York (Mr. man, if you can do one thing, if you mend to you and my colleagues that it SCHUMER); can do just one thing, please, please let is important that we stand with our The Senator from Washington (Mrs. me get back to my unit. And that kind men and women in uniform, that we MURRAY); of enthusiasm, that kind of commit- show a unified front and show that we The Senator from North Dakota (Mr. ment, that kind of sense of duty and are committed to being certain that DORGAN); honor and patriotism is chilling. It this Nation continues to stand as a The Senator from Michigan (Ms. really is. great Nation and that we persevere. STABENOW); There are incredible stories that each The Senator from Kentucky (Mr. f of them tell, but also I believe those MCCONNELL); men and women serve as a guidepost RECESS The Senator from Mississippi (Mr. for us. And, in fact, we ought to look to The SPEAKER pro tempore (Mr. LOTT); them and look to their courage to have LYNCH). Pursuant to clause 12(a) of rule The Senator from Arizona (Mr. KYL); the courage that we need in order to I, the Chair declares the House in re- The Senator from Texas (Mr. support our men and women who are in cess until approximately 8:40 p.m. for CORNYN); harm’s way. the purpose of receiving in joint ses- The Senator from Texas (Mrs. And I am very hopeful that this sion the President of the United HUTCHISON); House of Representatives will support States. The Senator from Nevada (Mr. EN- Congressman JOHNSON’s resolution be- Accordingly (at 4 o’clock and 45 min- SIGN); and cause it truly speaks for, I believe, the utes p.m.), the House stood in recess The Senator from Alaska (Mr. STE- vast majority of the American people until approximately 8:40 p.m. VENS). who want to make certain that, regard- The Deputy Sergeant at Arms an- f less of how you feel about this conflict, nounced the Dean of the Diplomatic we as a Congress state clearly that we b 2041 Corps, His Excellency Roble Olhaye, Ambassador from the Republic of will make certain that we provide all AFTER RECESS of the resources necessary for our men Djibouti. and women in harm’s way. The recess having expired, the House The Dean of the Diplomatic Corps en- Mrs. BLACKBURN. I thank the gen- was called to order at 8 o’clock and 41 tered the Hall of the House of Rep- tleman. minutes p.m. resentatives and took the seat reserved I will close our hour by referencing f for him. some comments I have had from some The Deputy Sergeant at Arms an- veterans in my district. I love the fact JOINT SESSION OF THE HOUSE nounced the Chief Justice of the United that I have absolutely wonderful vet- AND SENATE HELD PURSUANT States and the Associate Justices of erans who participate with me on these TO THE PROVISIONS OF HOUSE the Supreme Court. issues in our National Security Coali- CONCURRENT RESOLUTION 38 TO The Chief Justice of the United tion, in our Veterans Coalition, which HEAR AN ADDRESS BY THE States and the Associate Justices of are advisory groups for me. And I have PRESIDENT OF THE UNITED the Supreme Court entered the Hall of had great discussions with them and STATES the House of Representatives and took have sent them information about the The Speaker of the House presided. the seats reserved for them in front of new strategy going forward in Iraq, The Deputy Sergeant at Arms, Mrs. the Speaker’s rostrum. about some of the conversations that Kerri Hanley, announced the Vice The Deputy Sergeant at Arms an- have been taking place here, and have President and Members of the U.S. nounced the Cabinet of the President of sought their best judgment, men and Senate, who entered the Hall of the the United States. women who have worn the uniform and House of Representatives, the Vice The members of the Cabinet of the have been there and who have fought President taking the chair at the right President of the United States entered and seeking their best judgment. And a of the Speaker, and the Members of the the Hall of the House of Representa- couple of their comments, I think, are Senate the seats reserved for them. tives and took the seats reserved for so incredibly significant. The SPEAKER. The Chair appoints them in front of the Speaker’s rostrum. One of them says: ‘‘We have to con- as members of the committee on the At 9 o’clock and 7 minutes p.m., the tinue our push forward and let our part of the House to escort the Presi- Sergeant at Arms, the Honorable Wil- military make the decisions in this dent of the United States into the son Livingood, announced the Presi- war. When the House and Senate Chamber: dent of the United States. changed, there was no doubt there The gentleman from Maryland (Mr. The President of the United States, would be a change of efforts. Our HOYER); escorted by the committee of Senators

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.079 H23JAPT1 ccoleman on PROD1PC61 with HOUSE January 23, 2007 CONGRESSIONAL RECORD — HOUSE H881 and Representatives, entered the Hall is what we have. We are now in the 41st acted, students are performing better of the House of Representatives and month of uninterrupted job growth, in in reading and math, and minority stu- stood at the Clerk’s desk. a recovery that has created 7.2 million dents are closing the achievement gap. (Applause, the Members rising.) new jobs, so far. Unemployment is low, Now the task is to build on this suc- The SPEAKER. Members of the Con- inflation is low, and wages are rising. cess, without watering down standards, gress, I have the high privilege and the The economy is on the move, and our without taking control from local com- distinct honor of presenting to you the job is to keep it that way, not with munities, and without back sliding and President of the United States. more government but with more enter- calling it reform. We can lift student (Applause, the Members rising.) prise. achievement even higher by giving f Next week, I will deliver a full report local leaders flexibility to turn around on the state of our economy. Tonight, failing schools, and by giving families THE STATE OF THE UNION AD- I want to discuss three economic re- with children stuck in failing schools DRESS BY THE PRESIDENT OF forms that deserve to be priorities for the right to choose someplace better. THE UNITED STATES this Congress. We must increase funds for students The PRESIDENT. Thank you very First, we must balance the Federal who struggle, and make sure these much. Tonight, I have a high privilege budget. We can do so without raising children get the special help they need. and distinct honor of my own—as the taxes. What we need to do is impose And we can make sure our children are first President to begin the State of spending discipline in Washington, D.C. prepared for the jobs of the future, and the Union message with these words: We set a goal of cutting the deficit in our country is more competitive, by Madam Speaker. half by 2009, and met that goal 3 years strengthening math and science skills. In his day, the late Congressman ahead of schedule. Now let us take the The No Child Left Behind Act has Thomas D’Alesandro, Jr., from Balti- next step. In the coming weeks, I will worked for America’s children, and I more, Maryland, saw Presidents Roo- submit a budget that eliminates the ask Congress to reauthorize this good sevelt and Truman at this rostrum. But Federal deficit within the next 5 years. law. nothing could compare with the sight I ask you to make the same commit- A future of hope and opportunity re- of his only daughter, Nancy, presiding ment. Together, we can restrain the quires that all our citizens have afford- tonight as Speaker of the House of spending appetite of the Federal Gov- able and available health care. When it Representatives. Congratulations, ernment and balance the Federal budg- comes to health care, government has Madam Speaker. et. an obligation to care for the elderly, Two Members of the House and Sen- Next, there is the matter of ear- the disabled, and poor children, and we ate are not with us tonight, and we marks. These special interest items are will meet those responsibilities. For all pray for the recovery and speedy re- often slipped into bills at the last hour, other Americans, private health care turn of Senator Tim Johnson and Con- when not even C–SPAN is watching. In insurance is the best way to meet their gressman Charlie Norwood. 2005 alone, the number of earmarks needs. But many Americans cannot af- Madam Speaker, Vice President Che- grew to over 13,000 and totaled nearly ford a health insurance policy. ney, Members of Congress, distin- $18 billion. Even worse, over 90 percent So tonight, I propose two new initia- guished guests, and fellow citizens: of earmarks never make it to the floor tives to help more Americans afford This rite of custom brings us to- of the House and Senate. They are their own insurance. First, I propose a gether at a defining hour, when deci- dropped into committee reports that standard tax deduction for health in- sions are hard and courage is tested. are not even part of the bill that ar- surance that will be like the standard We enter the year 2007 with large en- rives on my desk. You did not vote tax deduction for dependents. Families deavors under way, and others that are them into law. I did not sign them into with health insurance will pay no in- ours to begin. In all of this, much is law. Yet they are treated as if they come or payroll taxes on $15,000 of asked of us. We must have the will to have the force of law. The time has their income. Single Americans with face difficult challenges and deter- come to end this practice. So let us health insurance will pay no income or mined enemies, and the wisdom to face work together to reform the budget payroll taxes on $7,500 of their income. them together. process, expose every earmark to the With this reform, more than 100 mil- Some in this Chamber are new to the light of day and to a vote in Congress, lion men, women, and children who are House and Senate, and I congratulate and cut the number and cost of ear- now covered by employer-provided in- the Democratic majority. Congress has marks at least in half by the end of surance will benefit from lower tax changed, but our responsibilities have this session. bills. not. Each of us is guided by our own Finally, to keep this economy strong At the same time, this reform will convictions, and to these we must stay we must take on the challenge of enti- level the playing field for those who do faithful. Yet we are all held to the tlements. Social Security and Medicare not get health insurance through their same standards and called to serve the and Medicaid are commitments of con- job. For Americans who now purchase same good purposes: to extend the Na- science, and so it is our duty to keep health insurance on their own, this tion’s prosperity, to spend the people’s them permanently sound. Yet we are proposal would mean a substantial tax money wisely, to solve problems, not failing in that duty, and this failure savings, $4,500 for a family of four mak- leave them to future generations, to will one day leave our children with ing $60,000 a year. And for the millions guard America against all evil, and to three bad options: huge tax increases, of other Americans who have no health keep faith with those we have sent huge deficits, or huge and immediate insurance at all, this deduction would forth to defend us. cuts in benefits. Everyone in this help put a basic private health insur- We are not the first to come here Chamber knows this to be true, yet ance plan within their reach. Changing with government divided and uncer- somehow we have not found it in our- the Tax Code is a vital and necessary tainty in the air. Like many before us, selves to act. So let us work together step to making health care affordable we can work through our differences and do it now. With enough good sense for more Americans. and achieve big things for the Amer- and good will, you and I can fix Medi- My second proposal is to help the ican people. Our citizens don’t much care and Medicaid, and save Social Se- States that are coming up with innova- care which side of the aisle we sit on, curity. tive ways to cover the uninsured. as long as we are willing to cross that Spreading opportunity and hope in States that make basic private health aisle when there is work to be done. America also requires public schools insurance available to all their citizens Our job is to make life better for our that give children the knowledge and should receive Federal funds to help fellow Americans and help them to character they need in life. Five years them provide this coverage to the poor build a future of hope and opportunity, ago, we rose above partisan differences and the sick. I have asked the Sec- and this is the business before us to- to pass the No Child Left Behind Act, retary of Health and Human Services night. preserving local control, raising stand- to work with Congress to take existing A future of hope and opportunity be- ards, and holding those schools ac- Federal funds and use them to create gins with a growing economy, and that countable for results. And because we ‘‘Affordable Choices’’ grants. These

VerDate Aug 31 2005 04:17 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.081 H23JAPT1 ccoleman on PROD1PC61 with HOUSE H882 CONGRESSIONAL RECORD — HOUSE January 23, 2007 grants would give our Nation’s Gov- clean diesel vehicles and biodiesel fuel. flict and the course we have followed. ernors more money and more flexi- We must continue investing in new Such debates are essential when a bility to get private health insurance methods of producing ethanol, using great democracy faces great questions. to those most in need. everything from wood chips, to grasses, Yet one question has surely been set- There are many other ways that Con- to agricultural wastes. tled, that to win the war on terror we gress can help. We need to expand We have made a lot of progress, must take the fight to the enemy. health savings accounts. We need to thanks to good policies here in Wash- From the start, America and our al- help small businesses through associa- ington and the strong response of the lies have protected our people by stay- tion health plans, we need to reduce market. And now even more dramatic ing on the offense. The enemy knows costs and medical errors with better in- advances are within reach. Tonight, I that the days of comfortable sanc- formation technology. We will encour- ask Congress to join me in pursuing a tuary, easy movement, steady financ- age price transparency, and to protect great goal. Let us build on the work we ing, and free-flowing communications good doctors from junk lawsuits we have done and reduce gasoline usage in are long over. For the terrorists, life need to pass medical liability reform. the United States by 20 percent in the since 9/11 has never been the same. And in all we do, we must remember next 10 years. When we do that, we will Our success in this war is often meas- that the best health care decisions are be cutting our total imports by the ured by the things that did not happen. made not by government and insurance equivalent of three-quarters of all the We cannot know the full extent of the companies, but by patients and their oil we now import from the Middle attacks that we and our allies have doctors. East. prevents, but here is some of what we Extending hope and opportunity in To reach this goal, we must increase do know: we stopped an al Qaeda plot our country requires an immigration the supply of alternative fuels, by set- to fly a hijacked airplane into the tall- system worthy of America, with laws ting a mandatory fuels standard to re- est building on the west coast. We that are fair and borders that are se- quire 35 billion gallons of renewable broke up a Southeast Asian terrorist cure. When laws and borders are rou- and alternative fuels in 2017. And that cell grooming operatives for attacks tinely violated, this harms the inter- is nearly five times the current target. inside the United States. We uncovered ests of our country. To secure our bor- At the same time, we need to reform an al Qaeda cell developing anthrax to der, we are doubling the size of the and modernize fuel economy standards be used in attacks against America. Border Patrol, and funding new infra- for cars the way we did for light And just last August, British authori- 1 structure and technology. trucks, and conserve up to 8 ⁄2 billion ties uncovered a plot to blow up pas- Yet even with all these steps, we can- more gallons of gasoline by 2017. senger planes bound for America over Achieving these ambitious goals will not fully secure the border unless we the Atlantic Ocean. For each life saved, dramatically reduce our dependence on take pressure off the border, and that we owe a debt of gratitude to the brave foreign oil, but it is not going to elimi- requires a temporary worker program. public servants who devote their lives nate it. So as we continue to diversify We should establish a legal and orderly to finding the terrorists and stopping our fuel supply, we must also step up path for foreign workers to enter our them. country to work on a temporary basis. domestic oil production in environ- Every success against the terrorists As a result, they won’t have to try to mentally sensitive ways. And to fur- is a reminder of the shoreless ambi- ther protect America against severe sneak in, and that will leave border tions of this enemy. The evil that in- disruptions to our oil supply, I ask agents free to chase down drug smug- spired and rejoiced in 9/11 is still at Congress to double the current capac- glers and criminals and terrorists. We work in the world. And so long as that ity of the Strategic Petroleum Reserve. will enforce our immigration laws at America is on the verge of techno- is the case, America is still a Nation at the work site, and give employers the logical breakthroughs that will enable war. In the minds of the terrorists, this tools to verify the legal status of their us to live our lives less dependent on war began well before September 11 and workers, so there is no excuse left for oil. These technologies will help us be- will not end until their radical vision is violating the law. We need to uphold come better stewards of the environ- fulfilled. And these past 5 years have the great tradition of the melting pot ment, and they will help us to confront that welcomes and assimilates new ar- the serious challenge of global climate given us a much clearer view of the na- rivals. We need to resolve the status of change. ture of this enemy. Al Qaeda and its illegal immigrants who are already in A future of hope and opportunity re- followers are Sunni extremists, pos- our country, without animosity and quires a fair, impartial system of jus- sessed by hatred and commanded by a without amnesty. tice. The lives of our citizens across harsh and narrow ideology. Take al- Convictions run deep in this Capitol our Nation are affected by the outcome most any principle of civilization, and when it comes to immigration. Let us of cases pending in our Federal courts. their goal is the opposite. They preach have a serious, civil, and conclusive de- We have a shared obligation to ensure with threats, instruct with bullets and bate, so that you can pass, and I can that the Federal courts have enough bombs, and promise paradise for the sign, comprehensive immigration re- judges to hear those cases and deliver murder of the innocent. form into law. timely rulings. As president, I have a Our enemies are quite explicit about Extending hope and opportunity de- duty to nominate qualified men and their intentions. They want to over- pends on a stable supply of energy that women to vacancies on the Federal throw moderate governments and es- keeps America’s economy running and bench. And the United States Senate tablish safe havens from which to plan America’s environment clean. For too has a duty as well, to give those nomi- and carry out new attacks on our coun- long our Nation has been dependent on nees a fair hearing and a prompt up-or- try. By killing and terrorizing Ameri- foreign oil, and this dependence leaves down vote on the Senate floor. cans, they want to force our country to us more vulnerable to hostile regimes, For all of us in this room, there is no retreat from the world and abandon the and to terrorists, who could cause huge higher responsibility than to protect cause of liberty. They would then be disruptions of oil shipments, and raise the people of this country from danger. free to impose their will and spread the price of oil, and do great harm to Five years have come and gone since their totalitarian ideology. Listen to our economy. we saw the scenes and felt the sorrow this warning from the late terrorist It is in our vital interest to diversify that the terrorists can cause. We have Zarqawi: ‘‘We will sacrifice our blood America’s energy supply, and the way had time to take stock of our situa- and bodies to put an end to your forward is through technology. We tion. We have added many critical pro- dreams, and what is coming is even must continue changing the way Amer- tections to guard the homeland. We worse.’’ And Osama bin Laden declared: ica generates electric power, by even know with certainty that the horrors ‘‘Death is better than living on this greater use of clean coal technology, of that September morning were just a Earth with the unbelievers among us.’’ solar and wind energy, and clean, safe glimpse of what the terrorists intend These men are not given to idle nuclear power. We need to press on for us, unless we stop them. words, and they are just one camp in with battery research for plug-in and With the distance of time, we find the Islamist radical movement. In re- hybrid vehicles and expand the use of ourselves debating the causes of con- cent times, it has also become clear

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.082 H23JAPT1 ccoleman on PROD1PC61 with HOUSE January 23, 2007 CONGRESSIONAL RECORD — HOUSE H883 that we face an escalating danger from Gemayel, a prominent participant in on Iraqi and Coalition forces so these Shia extremists who are just as hostile the Cedar Revolution. Hezbollah ter- troops can achieve their mission of to America and are also determined to rorists, with support from Syria and bringing security to all of the people of dominate the Middle East. Many are Iran, sowed conflict in the region and Baghdad. Iraq’s leaders have com- known to take direction from the re- are seeking to undermine Lebanon’s le- mitted themselves to a series of bench- gime in Iran, which is funding and arm- gitimately elected government. In Af- marks to achieve reconciliation, to ing terrorists like Hezbollah, a group ghanistan, Taliban and al Qaeda fight- share oil revenues among all of Iraq’s second only to al Qaeda in the Amer- ers tried to regain power by regrouping citizens, to put the wealth of Iraq into ican lives it has taken. and engaging Afghan and NATO forces. the rebuilding of Iraq, to allow more The Shia and Sunni extremists are In Iraq, al Qaeda and other Sunni ex- Iraqis to reenter their nation’s civic different faces of the same totalitarian tremists blew up one of the most sa- life, to hold local elections, and to take threat. Whatever slogans they chant, cred places in Shia Islam, the Golden responsibility for security in every when they slaughter the innocent, they Mosque of Samarra. This atrocity, di- Iraqi province. But for all of this to have the same wicked purposes. They rected at a Muslim house of prayer, happen, Baghdad must be secured. And want to kill Americans, kill democracy was designed to provoke retaliation our plan will help the Iraqi Govern- in the Middle East, and gain the weap- from Iraqi Shia, and it succeeded. Rad- ment take back its capital and make ons to kill on an even more horrific ical Shia elements, some of whom re- good on its commitments. scale. ceive support from Iran, formed death My fellow citizens, our military com- In the sixth year since our Nation squads. The result was a tragic esca- manders and I have carefully weighed was attacked, I wish I could report to lation of sectarian rage and reprisal the options. We discussed every pos- you that the dangers had ended. They that continues to this day. sible approach. In the end, I chose this have not. And so it remains the policy This is not the fight we entered in course of action because it provides the of this government to use every lawful Iraq, but it is the fight we are in. Every best chance for success. Many in this and proper tool of intelligence, diplo- one of us wishes that this war were Chamber understand that America macy, law enforcement, and military over and won. Yet it would not be like must not fail in Iraq, because you un- action to do our duty, to find these en- us to leave our promises unkept, our derstand that the consequences of fail- emies, and to protect the American friends abandoned, and our own secu- ure would be grievous and far reaching. people. rity at risk. Ladies and gentlemen, on If American forces step back before This war is more than a clash of this day, at this hour, it is still within Baghdad is secure, the Iraqi Govern- arms. It is a decisive ideological strug- our power to shape the outcome of this ment would be overrun by extremists gle, and the security of our Nation is in battle. Let us find our resolve and turn on all sides. We could expect an epic the balance. To prevail, we must re- events toward victory. battle between Shia extremists backed move the conditions that inspire blind We are carrying out a new strategy by Iran, and Sunni extremists aided by hatred, and drove 19 men to get onto in Iraq, a plan that demands more from al Qaeda and supporters of the old re- airplanes and to come and kill us. Iraq’s elected government and gives gime. A contagion of violence could What every terrorist fears most is our forces in Iraq the reinforcements spill out across the country, and in human freedom, societies where men they need to complete their mission. time the entire region could be drawn and women make their own choices, Our goal is a democratic Iraq that up- into the conflict. answer to their own conscience, and holds the rule of law, respects the For America, this is a nightmare sce- live by their hopes instead of their rights of its people, provides them se- nario. For the enemy, this is the objec- resentments. Free people are not drawn curity, and is an ally in the war on ter- tive. Chaos is their greatest ally in this to violent and malignant ideologies, ror. struggle. And out of chaos in Iraq and most will choose a better way In order to make progress toward would emerge an emboldened enemy when they are given a chance. So we this goal, the Iraqi Government must with new safe havens, new recruits, advance our own security interests by stop the sectarian violence in its cap- new resources, and an even greater de- helping moderates, reformers, and ital. But the Iraqis are not yet ready to termination to harm America. To brave voices for democracy. The great do this on their own. So we are deploy- allow this to happen would be to ignore question of our day is whether America ing reinforcements of more than 20,000 the lessons of September 11 and invite will help men and women in the Middle additional soldiers and marines to Iraq. tragedy. And ladies and gentlemen, East to build free societies and share in The vast majority will go to Baghdad, nothing is more important at this mo- the rights of all humanity. And I say, where they will help Iraqi forces to ment in our history than for America for the sake of our own security, we clear and secure neighborhoods, and to succeed in the Middle East, to suc- must. serve as advisers embedded in Iraqi ceed in Iraq, and to spare the American In the last 2 years, we have seen the Army units. With Iraqis in the lead, people from this danger. desire for liberty in the broader Middle our forces will help secure the city by This is where matters stand tonight, East, and we have been sobered by the chasing down the terrorists, insur- in the here and now. I have spoken enemy’s fierce reaction. In 2005, the gents, and the roaming death squads. with many of you in person. I respect world watched as the citizens of Leb- And in Anbar province, where al Qaeda you and the arguments you have made. anon raised the banner of the Cedar terrorists have gathered and local We went into this largely united, in Revolution. They drove out the Syrian forces have begun showing a willing- our assumptions and in our convic- occupiers, and chose new leaders in free ness to fight them, we are sending an tions. And whatever you voted for, you elections. In 2005, the people of Afghan- additional 4,000 United States marines, did not vote for failure. Our country is istan defied the terrorists and elected a with orders to find the terrorists and pursuing a new strategy in Iraq, and I democratic legislature. And in 2005, the clear them out. We did not drive al ask you to give it a chance to work. Iraqi people held three national elec- Qaeda out of their safe haven in Af- And I ask you to support our troops in tions, choosing a transitional govern- ghanistan only to let them set up a the field, and those on their way. ment, adopting the most progressive, new safe haven in a free Iraq. The war on terror we fight today is a democratic constitution in the Arab The people of Iraq want to live in generational struggle that will con- world, and then electing a government peace, and now is the time for their tinue long after you and I have turned under that constitution. Despite end- government to act. Iraq’s leaders know our duties over to others. That is why less threats from the killers in their that our commitment is not open it is important to work together so our midst, nearly 12 million Iraqi citizens ended. They have promised to deploy Nation can see this great effort came out to vote in a show of hope and more of their own troops to secure through. Both parties and both solidarity we should never forget. Baghdad, and they must do so. They branches should work in close con- A thinking enemy watched all of have pledged that they will confront sultation. And this is why I propose to these scenes, adjusted their tactics, violent radicals of any faction or polit- establish a special advisory council on and in 2006 they struck back. In Leb- ical party. And they need to follow the war on terror, made up of leaders anon, assassins took the life of Pierre through and lift needless restrictions in Congress from both political parties.

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.084 H23JAPT1 ccoleman on PROD1PC61 with HOUSE H884 CONGRESSIONAL RECORD — HOUSE January 23, 2007 We will share ideas for how to position can combat malaria in 15 African coun- Tommy Rieman was a teenager America to meet every challenge that tries. I ask that you fund the Millen- pumping gas in Independence, Ken- confronts us. And we will show our en- nium Challenge Account so that Amer- tucky, when he enlisted in the United emies abroad that we are united in the ican aid reaches the people who need it, States Army. In December 2003, he was goal of victory. in nations where democracy is on the on a reconnaissance mission in Iraq One of the first steps we can take to- rise and corruption is in retreat. And when his team came under heavy gether is to add to the ranks of our let us continue to support the expanded enemy fire. From his Humvee, Ser- military, so that the American Armed trade and debt relief that are the best geant Rieman returned fire. He used Forces are ready for all the challenges hope for lifting lives and eliminating his body as a shield to protect his gun- ahead. Tonight I ask the Congress to poverty. ner. He was shot in the chest and arm, authorize an increase in the size of our When America serves others in this and received shrapnel wounds to his active Army and Marine Corps by 92,000 way, we show the strength and gen- legs, yet he refused medical attention in the next 5 years. A second task we erosity of our country. These deeds re- and stayed in the fight. He helped to can take on together is to design and flect the character of our people. The repel a second attack, firing grenades establish a volunteer civilian reserve greatest strength we have is the heroic at the enemy’s position. For his excep- corps. Such a corps would function kindness, courage, and self-sacrifice of tional courage, Sergeant Rieman was much like our military reserve. It the American people. You see this spir- awarded the Silver Star. And like so it often if you know where to look, and would ease the burden on the Armed many other Americans who have vol- tonight we need only look above to the Forces by allowing us to hire civilians unteered to defend us, he has earned gallery. with critical skills to serve on missions the respect and the gratitude of our abroad when America needs them. And Dikembe Mutombo grew up in Africa amid great poverty and disease. He whole country. it would give people across America In such courage and compassion, la- who do not wear the uniform a chance came to Georgetown University on a scholarship to study medicine, but dies and gentlemen, we see the spirit to serve in the defining struggle of our and character of America, and these time. Coach John Thompson got a look at Dikembe and had a different idea. qualities are not in short supply. This Americans can have confidence in the is a decent and honorable country, and outcome of this struggle, because we Dikembe became a star in the NBA and a citizen of the United States. But he resilient, too. We have been through a are not in this struggle alone. We have lot together. We have met challenges a diplomatic strategy that is rallying never forgot the land of his birth, or the duty to share his blessings with and faced dangers, and we know that the world to join in the fight against more lie ahead. Yet we can go forward extremism. In Iraq, multinational others. He built a brand-new hospital in his old hometown. A friend has said with confidence, because the state of forces are operating under a mandate our Union is strong, our cause in the from the United Nations, and we are of this good hearted man: ‘‘Mutombo believes that God has given him this world is right, and tonight that cause working with Jordan, Saudi Arabia, goes on. God bless. Thank you for your Egypt, and the gulf states to increase opportunity to do great things.’’ And we are proud to call this son of the prayers. Thank you. support for Iraq’s government. The (Applause, the Members rising.) United Nations has imposed sanctions Congo a citizen of the United States of America. At 10 o’clock and 8 minutes p.m., the on Iran and made it clear that the President of the United States, accom- world will not allow the regime in After her daughter was born, Julie Aigner-Clark searched for ways to panied by the committee of escort, re- Tehran to acquire nuclear weapons. share her love of music and art with tired from the Hall of the House of With the other members of the Quar- her child. So she borrowed some equip- Representatives. tet, the U.N., the European Union and ment and began filming children’s vid- The Deputy Sergeant at Arms es- Russia, we are pursuing diplomacy to eos in her basement. The Baby Einstein corted the invited guests from the help bring peace to the Holy Land, and Company was born, and in just 5 years Chamber in the following order: pursuing the establishment of a demo- her business grew to more than $20 mil- The Members of the President’s Cabi- cratic Palestinian state living side by lion in sales. In November 2001, Julie net; Chief Justice of the United States side with Israel in peace and security. sold Baby Einstein to Walt Disney and Associate Justices of the Supreme In Afghanistan, NATO has taken the Company; and with her help, Baby Ein- Court; the Dean of the Diplomatic lead in turning back the Taliban and al stein has grown into a $200 million Corps. Qaeda offensive, the first time the alli- business. Julie represents the great en- f ance has deployed forces outside the terprising spirit of America. And she is North Atlantic area. Together with our using her success to help others, pro- JOINT SESSION DISSOLVED partners in China, Japan, Russia, and ducing child safety videos with John The SPEAKER. The Chair declares South Korea, we are pursuing intensive Walsh of the National Center for Miss- the joint session of the two Houses now diplomacy to achieve a Korean Penin- ing and Exploited Children. Julie says dissolved. sula free of nuclear weapons. And we of her new project: ‘‘I believe it is the Accordingly, at 10 o’clock and 9 min- will continue to speak out for the most important thing that I have ever utes p.m., the joint meeting of the two cause of freedom in places like Cuba, done. I believe that children have the Houses was dissolved. Belarus, and Burma, and continue to right to live in a world that is safe.’’ The Members of the Senate retired to awaken the conscience of the world to And so tonight we are pleased to wel- their Chamber. save the people of Darfur. come this talented business entre- American foreign policy is more than preneur and generous social entre- f a matter of war and diplomacy. Our preneur, Julie Aigner-Clark. MESSAGE OF THE PRESIDENT RE- work in the world is also based on a Three weeks ago, Wesley Autry was FERRED TO THE COMMITTEE OF timeless truth: to whom much is given, waiting at a Harlem subway station THE WHOLE HOUSE ON THE much is required. We hear the call to with his two little girls, when he saw a STATE OF THE UNION take on the challenges of hunger and man fall into the path of a train. With poverty and disease, and that is pre- seconds to act, Wesley jumped onto the Mr. HOYER. Madam Speaker, I move cisely what America is doing. We must tracks, pulled the man into the space that the message of the President be continue to fight HIV/AIDS, especially between the rails, and held him as the referred to the Committee of the Whole on the continent of Africa. Because you train passed right above their heads. House on the state of the Union and or- funded our Emergency Plan for AIDS He insists he is not a hero. He says: dered to be printed. Relief, the number of people receiving ‘‘We got guys and girls overseas dying The motion was agreed to. life-saving drugs has grown from 50,000 for us to have our freedoms. We have f to more than 800,000 in 3 short years. I got to show each other some love.’’ ask you to continue funding our efforts There is something wonderful about a LEAVE OF ABSENCE to fight HIV/AIDS, and I ask you to country that produces a brave and By unanimous consent, leave of ab- provide $1.2 billion over 5 years so we humble man like Wesley Autry. sence was granted to:

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.085 H23JAPT1 ccoleman on PROD1PC61 with HOUSE January 23, 2007 CONGRESSIONAL RECORD — HOUSE H885 Mr. LUCAS (at the request of Mr. 392. A letter from the Chief Counsel/FEMA, 801(a)(1)(A); to the Committee on Financial BOEHNER) for today on account of fam- Department of Homeland Security, transmit- Services. ily illness. ting the Department’s final rule — Changes 405. A letter from the Chief Counsel/FEMA, in Flood Elevation Determinations [Docket Department of Homeland Security, transmit- f No. FEMA-B-7466] received November 20, ting the Department’s final rule — Final Flood Elevation Determinations — received SPECIAL ORDERS GRANTED 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Financial Services. November 28, 2006, pursuant to 5 U.S.C. By unanimous consent, permission to 393. A letter from the Chief Counsel/FEMA, 801(a)(1)(A); to the Committee on Financial address the House, following the legis- Department of Homeland Security, transmit- Services. lative program and any special orders ting the Department’s final rule — Final 406. A letter from the General Counsel, Na- tional Credit Union Administration, trans- heretofore entered, was granted to: Flood Elevation Determinations — received November 2, 2006, pursuant to 5 U.S.C. mitting the Administration’s final rule — (The following Members (at the re- 801(a)(1)(A); to the Committee on Financial Conversion of Insured Credit Unions to Mu- quest of Mr. GENE GREEN of Texas) to Services. tual Savings Banks (RIN: 3133-AD16) received revise and extend their remarks and in- 394. A letter from the Chief Counsel/FEMA, January 19, 2007, pursuant to 5 U.S.C. clude extraneous material:) Department of Homeland Security, transmit- 801(a)(1)(A); to the Committee on Financial Mr. GEORGE MILLER of California, for ting the Department’s final rule — Final Services. 5 minutes, today. Flood Elevation Determinations — received f Ms. WOOLSEY, for 5 minutes, today. November 2, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Financial REPORTS OF COMMITTEES ON Mr. GENE GREEN of Texas, for 5 min- Services. PUBLIC BILLS AND RESOLUTIONS utes, today. 395. A letter from the Chief Counsel/FEMA, Mr. DEFAZIO, for 5 minutes, today. Under clause 2 of rule XIII, reports of Department of Homeland Security, transmit- committees were delivered to the Clerk Ms. WATERS, for 5 minutes, today. ting the Department’s final rule — Final Ms. KAPTUR, for 5 minutes, today. Flood Elevation Determinations — received for printing and reference to the proper Mr. KUCINICH, for 5 minutes, today. November 2, 2006, pursuant to 5 U.S.C. calendar, as follows: (The following Member (at the re- 801(a)(1)(A); to the Committee on Financial Mr. HASTINGS of Florida: Committee on Services. Rules. House Resolution 86. Resolution pro- quest of Mr. CONAWAY) to revise and ex- 396. A letter from the Chief Counsel/FEMA, viding for consideration of the resolution (H. tend his remarks and include extra- Department of Homeland Security, transmit- Res. 78) amending the Rules of the House of neous material:) ting the Department’s final rule — Final Representatives to permit Delegates and the Mr. CONAWAY, for 5 minutes, today. Flood Elevation Determinations — received Resident Commissioner to the Congress to f November 2, 2006, pursuant to 5 U.S.C. cast votes in the Committee of the Whole 801(a)(1)(A); to the Committee on Financial House on the state of the Union (Rept. 110–3). ADJOURNMENT Services. Referred to the House Calendar. 397. A letter from the Chief Counsel/FEMA, f Mr. HOYER. Madam Speaker, I move Department of Homeland Security, transmit- that the House do now adjourn. ting the Department’s final rule — Final PUBLIC BILLS AND RESOLUTIONS The motion was agreed to; accord- Flood Elevation Determinations — received Under clause 2 of rule XII, public ingly (at 10 o’clock and 10 minutes November 2, 2006, pursuant to 5 U.S.C. bills and resolutions were introduced p.m.), the House adjourned until to- 801(a)(1)(A); to the Committee on Financial and severally referred, as follows: morrow, Wednesday, January 24, 2007, Services. at 10 a.m. 398. A letter from the Chief Counsel/FEMA, By Mr. FLAKE (for himself, Mr. Department of Homeland Security, transmit- HENSARLING, Mr. TERRY, Mr. RADANO- f ting the Department’s final rule — Final VICH, Mr. CAMPBELL of California, Mr. FORTUN˜ O, Mr. MILLER of Florida, Mr. EXECUTIVE COMMUNICATIONS, Flood Elevation Determinations — received November 2, 2006, pursuant to 5 U.S.C. PENCE, Mr. SALI, Mr. BILBRAY, Mr. ETC. 801(a)(1)(A); to the Committee on Financial WALBERG, and Mr. BARTLETT of Under clause 8 of rule XII, executive Services. Maryland): communications were taken from the 399. A letter from the Chief Counsel/FEMA, H.R. 631. A bill to prohibit Federal agen- cies from obligating funds for earmarks in- Speaker’s table and referred as follows: Department of Homeland Security, transmit- ting the Department’s final rule — Final cluded only in congressional reports, and for 387. A letter from the Chief Counsel/FEMA, Flood Elevation Determinations — received other purposes; to the Committee on Over- Department of Homeland Security, transmit- November 2, 2006, pursuant to 5 U.S.C. sight and Government Reform. ting the Department’s final rule — Final 801(a)(1)(A); to the Committee on Financial By Mr. LIPINSKI (for himself, Mr. ING- Flood Elevation Determinations — received Services. LIS of South Carolina, Mr. DOYLE, Mr. November 28, 2006, pursuant to 5 U.S.C. 400. A letter from the Chief Counsel/FEMA, BROWN of South Carolina, Mr. DENT, 801(a)(1)(A); to the Committee on Financial Department of Homeland Security, transmit- Mr. EHLERS, Ms. LORETTA SANCHEZ of Services. ting the Department’s final rule — Final California, Ms. EDDIE BERNICE JOHN- 388. A letter from the Chief Counsel/FEMA, Flood Elevation Determinations — received SON of Texas, Mr. TERRY, Mr. MCCAUL Department of Homeland Security, transmit- November 2, 2006, pursuant to 5 U.S.C. of Texas, Mr. GERLACH, Mr. CAMP of ting the Department’s final rule — Suspen- 801(a)(1)(A); to the Committee on Financial Michigan, Mr. BARRETT of South sion of Community Eligibility [Docket No. Services. Carolina, Mr. WILSON of South Caro- FEMA-7951] received November 28, 2006, pur- 401. A letter from the Chief Counsel/FEMA, lina, Mr. REICHERT, Mr. WOLF, Mr. suant to 5 U.S.C. 801(a)(1)(A); to the Com- Department of Homeland Security, transmit- WICKER, Mr. JOHNSON of Illinois, Mr. mittee on Financial Services. ting the Department’s final rule — Final SOUDER, Mr. KUHL of New York, Mr. 389. A letter from the Chief Counsel/FEMA, Flood Elevation Determinations — Novem- WYNN, Mr. LARSON of Connecticut, Department of Homeland Security, transmit- ber 20, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); Mr. KINGSTON, Mr. LINCOLN DAVIS of ting the Department’s final rule — Final to the Committee on Financial Services. Tennessee, Mr. ARCURI, and Mr. Flood Elevation Determinations — received 402. A letter from the Chief Counsel/FEMA, WAMP): November 20, 2006, pursuant to 5 U.S.C. Department of Homeland Security, transmit- H.R. 632. A bill to authorize the Secretary 801(a)(1)(A); to the Committee on Financial ting the Department’s final rule — Changes of Energy to establish monetary prizes for Services. in Flood Elevation Determinations [Docket achievements in overcoming scientific and 390. A letter from the Chief Counsel/FEMA, No. FEMA-B-7467] received November 20, technical barriers associated with hydrogen Department of Homeland Security, transmit- 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the energy; to the Committee on Science and ting the Department’s final rule — Suspen- Committee on Financial Services. Technology. sion of Community Eligibility [Docket No. 403. A letter from the Chief Counsel/FEMA, By Mr. VAN HOLLEN (for himself, Mr. FEMA-7945] received October 18, 2006, pursu- Department of Homeland Security, transmit- MEEHAN, Mr. COHEN, Mr. KUCINICH, ant to 5 U.S.C. 801(a)(1)(A); to the Committee ting the Department’s final rule — Final Mr. SESTAK, Ms. GIFFORDS, Mr. on Financial Services. Flood Elevation Determinations — received MCNULTY, and Mrs. DAVIS of Cali- 391. A letter from the Chief Counsel/FEMA, November 20, 2006, pursuant to 5 U.S.C. fornia): Department of Homeland Security, transmit- 801(a)(1)(A); to the Committee on Financial H.R. 633. A bill to amend the Lobbying Dis- ting the Department’s final rule — National Services. closure Act of 1995 to require lobbyists to Flood Insurance Program; Appeal of Deci- 404. A letter from the Chief Counsel/FEMA, disclose the candidates, leadership PACs, and sions Relating to Flood Insurance Claims Department of Homeland Security, transmit- political party committees for whom they (RIN: 1660-AA41) received October 30, 2006, ting the Department’s final rule — Final collect or arrange contributions, and for pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Flood Elevation Determinations — received other purposes; to the Committee on the Ju- mittee on Financial Services. November 28, 2006, pursuant to 5 U.S.C. diciary.

VerDate Aug 31 2005 03:03 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JA7.087 H23JAPT1 ccoleman on PROD1PC61 with HOUSE H886 CONGRESSIONAL RECORD — HOUSE January 23, 2007 By Mr. MOORE of Kansas (for himself H.R. 643. A bill to amend the Internal Rev- By Ms. GINNY BROWN-WAITE of Flor- and Mr. KIRK): enue Code of 1986 to provide for collegiate ida (for herself, Mr. SHAYS, Mrs. MIL- H.R. 634. A bill to require the Secretary of housing and infrastructure grants; to the LER of Michigan, Mr. CASTLE, Mrs. the Treasury to mint coins in commemora- Committee on Ways and Means. MUSGRAVE, Mr. MILLER of Florida, tion of veterans who became disabled for life By Mr. GARY G. MILLER of California Mrs. MYRICK, Mr. ENGLISH of Penn- while serving in the Armed Forces of the (for himself, Mrs. MALONEY of New sylvania, Mr. PORTER, Mr. MCCOTTER, United States; to the Committee on Finan- York, Mr. FRANK of Massachusetts, Mr. PITTS, and Mr. JINDAL): cial Services. Mr. BACHUS, Ms. WATERS, Mr. KAN- H. Res. 88. A resolution expressing the By Mr. UPTON (for himself, Mr. DOYLE, JORSKI, Mr. SOUDER, Ms. EDDIE BER- sense of the House of Representatives that Mr. PLATTS, Mrs. EMERSON, Mr. NICE JOHNSON of Texas, Mr. MCHUGH, Members of the House are not immune from LATOURETTE, Mr. REGULA, Mrs. Mr. PASCRELL, Mr. SHAYS, and Mr. having their offices searched; to the Com- BIGGERT, Mr. EHLERS, Mr. GILCHREST, TURNER): mittee on the Judiciary. Mr. KILDEE, Mr. HOEKSTRA, Mr. H.R. 644. A bill to facilitate the provision By Mr. HOEKSTRA (for himself and SHIMKUS, Mr. RAMSTAD, Mrs. MILLER of assistance by the Department of Housing Mr. VAN HOLLEN): of Michigan, and Mr. DONNELLY): and Urban Development for the cleanup and H. Res. 89. A resolution expressing the H.R. 635. A bill to amend the Clean Air Act economic redevelopment of brownfields; to sense of the House of Representatives that a to require that, after the year 2012, all gaso- the Committee on Financial Services. day should be established as Dutch-American line sold to consumers in the United States By Mr. PRICE of North Carolina (for Friendship Day to celebrate the historic ties for motor vehicles contain not less than 10 himself, Mr. MILLER of North Caro- of the United States and the Netherlands; to percent renewable fuel, and for other pur- lina, Mr. LEWIS of Georgia, Ms. the Committee on Oversight and Govern- poses; to the Committee on Energy and Com- VELA´ ZQUEZ, Ms. JACKSON-LEE of ment Reform. merce. Texas, Mr. FATTAH, and Mr. BISHOP of By Ms. KILPATRICK (for herself, Mr. By Mrs. BACHMANN (for herself, Mr. New York): LIPINSKI, Ms. EDDIE BERNICE JOHNSON AKIN, Mr. BARTLETT of Maryland, H.R. 645. A bill to provide for the with- of Texas, Mr. BACA, Ms. CARSON, Mr. Mrs. BLACKBURN, Mr. BOUSTANY, Mr. drawal of United States Armed Forces from CLEAVER, Mr. KIRK, Mr. PAYNE, Mr. BURGESS, Mr. BURTON of Indiana, Mr. Iraq, to authorize assistance for Iraq, and for DAVIS of Illinois, Mr. SERRANO, Ms. CARTER, Mr. CONAWAY, Mrs. CUBIN, other purposes; to the Committee on Foreign WATSON, Mr. GRIJALVA, and Mr. FIL- Mrs. JO ANN DAVIS of Virginia, Mr. Affairs, and in addition to the Committee on NER): FEENEY, Mr. FRANKS of Arizona, Mr. Armed Services, for a period to be subse- H. Res. 90. A resolution congratulating GINGREY, Mr. GILLMOR, Mr. GOHMERT, quently determined by the Speaker, in each Lovie Smith of the Chicago Bears and Tony Mr. GRAVES, Mr. HALL of Texas, Mr. case for consideration of such provisions as Dungy of the Indianapolis Colts on becoming WALBERG, Mr. JONES of North Caro- fall within the jurisdiction of the committee the first African-American head coaches of lina, Mr. KING of Iowa, Mr. concerned. National Football League teams to qualify MCCOTTER, Mr. MILLER of Florida, By Mr. ROGERS of Kentucky (for him- for the Super Bowl; to the Committee on Mr. PAUL, Mr. PENCE, Mr. PETERSON self, Mr. DAVIS of Kentucky, Mr. Oversight and Government Reform. of Pennsylvania, Mr. RADANOVICH, LEWIS of Kentucky, Mr. WHITFIELD, By Mr. SALAZAR: Mr. ROHRABACHER, Mr. SENSEN- Mr. CHANDLER, and Mr. YARMUTH): H. Res. 91. A resolution demanding the re- BRENNER, Mr. SESSIONS, Mr. SIMPSON, H.R. 646. A bill to establish the Kentucky turn of the U.S.S. Pueblo the United States Mr. TERRY, Mr. WELLER, Mr. YOUNG Artisan Heritage Trails National Heritage Navy from North Korea; to the Committee of Alaska, Mr. ROGERS of Alabama, Area Act in the Commonwealth of Kentucky, on Foreign Affairs. Mr. PLATTS, Mr. FLAKE, and Mr. and for other purposes; to the Committee on WELDON of Florida): Natural Resources. f H.R. 636. A bill to amend the Internal Rev- By Ms. WATERS (for herself, Mr. enue Code of 1986 to improve health care FRANK of Massachusetts, and Ms. ADDITIONAL SPONSORS choice by providing for the tax deductibility PRYCE of Ohio): Under clause 7 of rule XII, sponsors of medical expenses by individuals; to the H.R. 647. A bill to extend for 5 years the Committee on Ways and Means. Mark-to-Market program of the Department were added to public bills and resolu- By Ms. HERSETH: of Housing and Urban Development; to the tions as follows: H.R. 637. A bill to grant a Federal charter Committee on Financial Services. H.R. 14: Mr. FRELINGHUYSEN and Mr. to the National American Indian Veterans, By Mr. YOUNG of Alaska: TIAHRT. Incorporated; to the Committee on the Judi- H.R. 648. A bill to amend the Elementary H.R. 19: Mr. KNOLLENBERG. ciary. and Secondary Education Act of 1965, and for H.R. 25: Mr. DAVID DAVIS of Tennessee. By Mr. JINDAL: other purposes; to the Committee on Edu- H.R. 65: Mr. STARK. H.R. 638. A bill to amend the Violent Crime cation and Labor. H.R. 81: Mr. HAYES. Control and Law Enforcement Act of 1994 to By Mr. FRANK of Massachusetts: H.R. 89: Mr. MCINTYRE. improve efforts to reduce gang activity and H. Con. Res. 41. Concurrent resolution pro- H.R. 114: Mr. REYNOLDS. violent crime; to the Committee on the Judi- viding for a conditional adjournment of the H.R. 135: Mrs. NAPOLITANO. House of Representatives; considered and ciary. H.R. 172: Ms. CASTOR and Ms. MOORE of By Mr. JINDAL: agreed to. Wisconsin. H.R. 639. A bill to designate as HUBZones By Mrs. MCCARTHY of New York: H.R. 180: Mr. MICHAUD, Mr. WYNN, Mr. the disaster areas associated with Hurri- H. Con. Res. 42. Concurrent resolution hon- GRIJALVA, and Ms. EDDIE BERNICE JOHNSON of canes Katrina and Rita; to the Committee on oring the heroic service and sacrifice of the Texas. Small Business. 6,500 glider pilots of the United States Army H.R. 190: Mr. WALBERG and Mr. GOODE. By Mr. JINDAL: Air Forces during World War II; to the Com- H.R. 192: Mr. PLATTS. H.R. 640. A bill to amend the Internal Rev- mittee on Armed Services. H.R. 195: Mr. MILLER of Florida. enue Code of 1986 to permit financial institu- By Mr. PAUL (for himself, Mr. NEAL of H.R. 207: Mr. CROWLEY, Mr. MCDERMOTT, tions to determine their interest expense de- Massachusetts, Mr. GILCHREST, Mr. Mr. FARR, and Mr. CONYERS. duction without regard to tax-exempt bonds KUCINICH, Mr. BARTLETT of Maryland, H.R. 211: Mrs. LOWEY and Mr. DAVID DAVIS issued to provide certain small loans for Mr. MEEHAN, Mr. DUNCAN, Mr. ABER- of Tennessee. health care or educational purposes; to the CROMBIE, Mr. JONES of North Caro- H.R. 251: Mr. TIM MURPHY of Pennsylvania, Committee on Ways and Means. lina, and Mr. TAYLOR): By Mr. JINDAL: H. Con. Res. 43. Concurrent resolution ex- Mr. GILLMOR, Ms. SHEA-PORTER, Mrs. LOWEY, H.R. 641. A bill to clarify the tax treatment pressing the sense of Congress that the and Mr. GALLEGLY. of certain payments made to homeowners by President should implement Recommenda- H.R. 277: Mr. CARNAHAN and Ms. SHEA-POR- the Louisiana Recovery Authority and the tion 9 of the Iraq Study Group Report; to the TER. Mississippi Development Authority; to the Committee on Foreign Affairs. H.R. 303: Mr. WEXLER, Mr. MCINTYRE, and Committee on Ways and Means. By Mr. EMANUEL: Mr. YOUNG of Florida. By Mrs. JONES of Ohio (for herself and H. Res. 85. A resolution electing Members H.R. 312: Ms. ROS-LEHTINEN. Mr. WHITFIELD): to certain standing committees of the House H.R. 346: Mr. DELAHUNT, Mr. CALVERT, Mr. H.R. 642. A bill to establish a demonstra- of Representatives; considered and agreed to. MILLER of Florida, and Mr. LANGEVIN. tion incentive program within the Depart- By Mr. KNOLLENBERG: H.R. 359: Mr. FILNER, Mrs. CAPPS, Ms. LO- ment of Education to promote installation of H. Res. 87. A resolution expressing the RETTA SANCHEZ of California, Mr. LANTOS, fire sprinkler systems, or other fire suppres- sense of the House of Representatives that Mr. UDALL of Colorado, Ms. LEE, Ms. MOORE sion or prevention technologies, in qualified all Americans should participate in a mo- of Wisconsin, and Ms. ZOE LOFGREN of Cali- student housing and dormitories, and for ment of silence to reflect upon the service fornia. other purposes; to the Committee on Edu- and sacrifice of members of the United H.R. 369: Ms. WOOLSEY and Ms. BERKLEY. cation and Labor. States Armed Forces both at home and H.R. 373: Mr. PENCE. By Mrs. JONES of Ohio (for herself and abroad; to the Committee on Armed Serv- H.R. 374: Mr. PENCE. Mr. RYAN of Wisconsin): ices. H.R. 379: Mr. PENCE.

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H.R. 404: Mr. CARTER. Mr. ETHERIDGE, Mr. FARR, Mr. DEFAZIO, Mr. sey, Mr. LOBIONDO, Mrs. EMERSON, Mr. MARIO H.R. 418: Mrs. LOWEY, Mr. HINOJOSA, and TAYLOR, Mr. MCINTYRE, Mr. KILDEE, Mr. DIAZ-BALART of Florida, Mr. LINCOLN DIAZ- Mr. UPTON. FATTAH, Mr. DELAHUNT, Mr. BISHOP of Utah, BALART of Florida, Ms. SCHWARTZ, Mr. ACK- H.R. 439: Ms. CASTOR, Ms. WATSON, and Mr. Mr. CONYERS, Mr. BOUCHER, Mrs. CAPPS, Mr. ERMAN, Mr. PALLONE, Mr. ISRAEL, Mr. FIL- BUTTERFIELD. GEORGE MILLER of California, Mr. GENE NER, Mr. RODRIGUEZ, Mr. SIRES, Mr. BISHOP H.R. 473: Mr. GOODLATTE. GREEN of Texas, and Mr. FRANK of Massachu- of New York, and Mrs. DAVIS of California. H.R. 477: Mr. ABERCROMBIE, Mr. GONZALEZ, setts. H. Con. Res. 37: Mr. BURTON of Indiana, Mr. Mr. ALLEN, Mr. TERRY, Mr. LYNCH, Mr. H.R. 582: Mr. BUTTERFIELD and Mr. PAYNE. GINGREY, Mr. JONES of North Carolina, and GEORGE MILLER of California, Mr. GRIJALVA, H.R. 592: Mr. ROTHMAN and Mrs. MALONEY Mr. POE. Mr. GORDON, Mr. WEXLER, Mr. MCGOVERN, of New York. H. Res. 16: Mr. SCOTT of Virginia. Mr. KENNEDY, Mr. WEINER, Mr. LANTOS, Mrs. H.R. 599: Mr. DANIEL E. LUNGREN of Cali- H. Res. 41: Mrs. MALONEY of New York and JONES of Ohio, and Mr. PAYNE. fornia and Mr. BILIRAKIS. Mr. COURTNEY. H.R. 493: Mr. WEINER, Mr. OBERSTAR, Mr. H.R. 617: Ms. WASSERMAN SCHULTZ, Mr. H. Res. 51: Mr. STUPAK. PALLONE, and Mr. MCGOVERN. BOYD of Florida, and Ms. CORRINE BROWN of H.R. 511: Mr. LAHOOD, Mr. HENSARLING, Mr. Florida. f SHADEGG, Mr. POE, Ms. FOXX, Mr. SMITH of H.R. 627: Mr. ROSS and Ms. ESHOO. Nebraska, Mr. NEUGEBAUER, Mr. DAVID DAVIS H.J. Res. 14: Mr. BLUMENAUER, Mr. of Tennessee, Mr. BISHOP of Utah, Mr. DENT, FORTUN˜ O, and Mr. MCGOVERN. DELETIONS OF SPONSORS FROM Mr. HASTERT, Mr. GERLACH, and Mr. INGLIS H.J. Res. 19: Mr. BURTON of Indiana, Mr. PUBLIC BILLS AND RESOLUTIONS of South Carolina. GRAVES, and Mr. JONES of North Carolina. Under clause 7 of rule XII, sponsors H. Con. Res. 7: Mr. DOYLE. H.R. 526: Ms. SUTTON. were deleted from public bills and reso- H.R. 562: Mr. LEWIS of Kentucky. H. Con. Res. 21: Mr. AL GREEN of Texas, Mr. H.R. 579: Mr. KUHL of New York, Mr. GERLACH, Mr. CARDOZA, WAMP, Mr. WEXLER, lutions as follows: HAYES, Mr. LINCOLN DAVIS of Tennessee, Mr. Mr. FRANKS of Arizona, Ms. WASSERMAN H.R. 65: Mr. TANNER. RYAN of Ohio, Mrs. MALONEY of New York, SCHULTZ, Mr. CANNON, Mr. SMITH of New Jer- H.R. 217: Mr. CROWLEY.

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Vol. 153 WASHINGTON, TUESDAY, JANUARY 23, 2007 No. 13 Senate The Senate met at 10 a.m. and was lead this Senate: ROBERT BYRD, HARRY thoughts came to my mind. I sat here called to order by the Honorable JON REID, MITCH MCCONNELL, DICK DURBIN, for 6 years and listened to almost every TESTER, a Senator from the State of and TRENT LOTT. We wait on You. one of his prayers. My mind goes back Montana. Grant us courage and strengthen our to some of the tragedies that had come hearts. You are our Lord and Savior. to the Senate during his tenure, includ- PRAYER Amen. ing the death of Governor Carnahan, The PRESIDING OFFICER. Today’s f the death of Paul Wellstone, and the prayer will be offered by former Senate death of Paul Coverdell. I mention Chaplain Dr. Lloyd Ogilvie of Los An- PLEDGE OF ALLEGIANCE Paul Coverdell because I traveled to his funeral in Georgia, and the Chap- geles, CA. The Honorable JON TESTER led the The guest chaplain offered the fol- Pledge of Allegiance, as follows: lain at that time, Chaplain Ogilivie, lowing prayer: delivered the eulogy and was in charge I pledge allegiance to the Flag of the ‘‘Wait on the Lord; take courage, and United States of America, and to the Repub- of the services there in Georgia. I will He shall strengthen your heart. Wait, I lic for which it stands, one nation under God, always remember the dignity, compas- say, on the Lord.’’ indivisible, with liberty and justice for all. sion, and the understanding in the Gracious God, Sovereign of our Na- words of Reverend Ogilivie. It is good f tion, Lord of our lives and source of in- to have you back. Thank you very spiration and courage for the high call- APPOINTMENT OF ACTING much for all you do for our country. I ing of political leadership, the bracing PRESIDENT PRO TEMPORE am sure you are doing good things in admonition of the psalmist sounds in The PRESIDING OFFICER. The California, as you did here for so many our souls. Wait on You Lord? That is clerk will please read a communication years. not easy for us to do. Then we realize to the Senate from the President pro Mr. MCCONNELL. Mr. President, if that waiting on You is not for You to tempore [Mr. BYRD]. the majority leader will allow me an catch up with us to bless what we have The assistant legislative clerk read observation about Dr. Ogilivie and his already decided but for us to linger in the following letter: extraordinary service to this body and Your presence until we think Your to the Nation, it was truly exemplary. U.S. SENATE, thoughts, experience Your love, will to PRESIDENT PRO TEMPORE, I know I speak for all of the Members do Your will, and receive Your super- Washington, DC, January 23, 2007. on this side of the aisle when I say to natural guidance for the great issues To the Senate: Dr. Ogilivie, thank you for your years we face. Thank You for stopping us in Under the provisions of rule I, section 3, of of service here. It is wonderful to see our tracks, capturing our minds, quiet- the Standing Rules of the Senate, I hereby you again. appoint the Honorable JON TESTER, a Sen- ing our stress-strained emotions, and f interrupting our flow of words with ator from the State of Montana, to perform Your Word, ‘‘Be still and know that I the duties of the Chair. SCHEDULE ROBERT C. BYRD, Mr. REID. Mr. President, this morn- am God.’’ President pro tempore. Father, we need You more than our ing, we will be in a period of morning next breath and we depend on You Mr. TESTER thereupon assumed the business for 60 minutes. The first half more than the thump of our next Chair as Acting President pro tempore. of the time will be under the control of heartbeat. f the Republicans and the second half of We really believe there is no problem the time will be under the control of RECOGNITION OF THE MAJORITY too big for You to solve, no division so the Democrats. LEADER complex that there is no solution Following morning business, we will through creative compromise, and no The ACTING PRESIDENT pro tem- resume consideration of H.R. 2, the struggle for political power that You pore. The majority leader is recog- minimum wage bill. We will be in re- cannot turn into a stepping stone. nized. cess today from 12:30 to 2:15 for the On this day of the State of the Union f party luncheons. As I indicated, we Address, bless our President as he have two cloture motions that have speaks and the Members of Congress as WELCOME BACK TO REVEREND been filed. The first vote, on line-item they listen, that unified by patriotism, OGILIVIE veto, will take place tomorrow. If clo- they may lead our beloved Nation Mr. REID. Mr. President, it is very ture is not invoked, we will then pro- through this turbulent time. We thank good to have back Reverend Ogilivie, ceed to a vote on the underlying bill, You for the patriotic Americans who our former Senate Chaplain. A lot of which is S. 2.

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

S873

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VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S874 CONGRESSIONAL RECORD — SENATE January 23, 2007 There have been a number of amend- CLOTURE what I hope will be a focus of the 110th ments filed and that is very good. We Mr. MCCONNELL. Mr. President, let Congress. are looking at a number of them close- me focus my remarks on the second When I think of health care in this ly to see if we can schedule a vote on cloture vote that will occur tomorrow. Congress, the issues that come to mind one of them sometime this morning. Were cloture to be invoked on what is are stem cells, mental health, and the Looking at the schedule, we are generally referred to as a ‘‘clean min- uninsured. When I think of stem cells, going to have a couple of votes Friday imum wage,’’ the bipartisan com- I immediately think of some of the morning, and everyone should under- promise that has been put together be- most loathesome diseases that affect stand that. The only way I can see that tween Senator BAUCUS and Senator humankind. Obviously, Parkinson’s we will not have votes Friday morning GRASSLEY and Senator ENZI and others disease, which has certainly taken its is if we can figure out a way to finish would be wiped out. So I think it is ex- toll in my family; Alzheimer’s, which minimum wage on Thursday. That is tremely important to mention to Mem- afflicts so many of our seniors and puts certainly possible. I am impressed with bers, those who would like to continue incredible burdens upon their care- the seriousness of the amendments to go forward on a bipartisan basis, if givers; and diabetes. It is heartrending that have been offered. To this point, cloture were to be invoked, that would to meet with children afflicted with di- five amendments have been offered, eliminate the possibility of going for- abetes at an early age, that directs and we certainly could complete this ward on a bipartisan basis on minimum them down a path of lifelong suffering bill this week if we put our minds to it. wage. I hope cloture will not be in- and dependence upon injections. I hope we can do that. If we cannot, it voked—the second cloture vote would I think of cardiovascular disease. will spill over into next week. I am not not be invoked, so that we can proceed Heart disease is probably our greatest sure that is good; we have so many with the substitute, which seems to killer as a people. Then, of course, things that we have to do. I have had a enjoy broad, bipartisan support in the there are those who, through accidents number of conversations with the Re- Senate. or other causes, suffer spinal cord inju- publican leader and we are going to I yield the floor. ries. All of these terrible afflictions have debate on Iraq. We are going to f have mystified our best and brightest make that as meaningful as possible. minds in the scientific community, and We are going to work together to see if RESERVATION OF LEADER TIME yet stem cell research, in all of its we can limit the subject matter of the The ACTING PRESIDENT pro tem- forms—embryonic, adult stem cells, debate on Iraq. We hope we can do pore. Under the previous order, leader- and some of the new breakthroughs that. We also have other things that ship time is reserved. that have been discovered through are facing us down the road, not the f amniotic fluid—all hold great promise. least of which is stem cell research and MORNING BUSINESS It does seem to me that one of the negotiation on Medicare. But more im- first steps of this Congress ought to be portantly, we have to make sure the The ACTING PRESIDENT pro tem- to return to this debate. The time is Government has money after February pore. Under the previous order, there now to make progress. The time is now 15. That is something, again, I have will be a period for the transaction of for us as a people to have the vast ma- had a number of conversations on with morning business for up to 60 minutes, jority view heard and enacted into law. the distinguished Republican leader. with Senators permitted to speak It is important for the Federal Govern- The Appropriations Committee, with therein for up to 10 minutes each, with ment to show up to work on this issue. Democrats and Republicans, has the first half of the time under the con- It is important because the Federal worked very well on that. Senator trol of the minority and the second Government can provide the seed COCHRAN has been fully engaged and all half of the time under the control of money. The Federal Government can of the subcommittee chairs and rank- the majority. provide the moral boundaries. The Fed- The Senator from Oregon is recog- ing members have been engaged. eral Government can help to provide I think we are at a point where we nized. world leadership on this important bio- have a pretty good idea of the subject f medical ethical issue. matter of the CR. There will be no ear- HEALTH CARE marks, zero, not a single earmark on So as we enter this Congress, I do the CR. That is what we have agreed Mr. SMITH. Mr. President, it is al- hope that by large majorities in the House and the Senate, we will pass em- upon. Senator MCCONNELL agrees with ways an exciting time when a new Con- that, as I do, and the two appropriating gress takes its oath of office and the bryonic stem cell research and further bodies agree with that. So we are going President comes to Capitol Hill to give those other avenues in stem cell re- to move forward on the CR. It is not his State of the Union Address. It is a search that hold out so much promise. going to be fun. I have been an appro- time when our Nation takes its pulse I have always believed that an ethic of priator here for many years, as has and checks its health. life includes concern for the living as well. I believe it is time for us to Senator MCCONNELL. We like to do the As we contemplate what the Presi- regular process, but in my opinion we dent might say and the agenda that unshackle the hands of our scientists cannot get to that unless we get the CR this Congress might pursue, it occurs so that we can unlock with the key of out of the way and work on the budget to me that this is a good time to ex- science these great mysteries. and get the appropriations bills done. press what I hope will be a priority of Next, Mr. President, I speak of men- It is my goal to work very hard to this Congress, and it relates to health. tal health. It has always been troubling get the appropriations bills done this I think, undoubtedly, the President to me, but especially in light of my year. It has been done before and we will focus some of his remarks on Iraq. family’s history, that physical health can do it again. It has been done under That continues as a major focus of pub- is held at one level but mental health Republican leadership and under Demo- lic attention and a legitimate cause of has always occupied a subordinate cratic leadership in the Senate. We its concern. But I think the American level. Because of the embarrassment have been working on it on a bipar- people would also very much appre- and then the shame that attends men- tisan basis. I think we can get it done. ciate our turning our focus to home, on tal health, a great stigma has attached As a reminder, first-degree amend- things that affect the lives of everyday to this issue, and because stigma at- ments must be filed at the desk by 2:30 Americans and their families and on taches to it, society has caused those p.m. this afternoon. their individual concerns. who suffer debilitating mental health f There is probably no greater indi- issues not to seek treatment or to hide vidual concern than health care. I do their afflictions. Yet it seems to me ob- RECOGNITION OF THE hope the President will address health vious that such issues as schizophrenia, REPUBLICAN LEADER care because I know moms and dads are bipolar condition, postpartum depres- The ACTING PRESIDENT pro tem- addressing it every day. sion—it is hard to imagine anyone in pore. The Republican leader is recog- There are three issues I would like to this modern day and age who says nized. speak to as it relates to health care, to these are not legitimate afflictions of

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S875 humankind. And if they are legitimate, 3 million more are eligible but are not tually every respect except two—the then the Congress of the United States enrolled. one I just mentioned and that only four should begin to treat them as legiti- I believe, in addition to this, we need rescission packages would be permitted mate. to look at all the good ideas we can annually under the Gregg amend- It seems to me that in all of its mani- find in this Congress to provide insur- ment—there is virtual identity be- festations, these biases against mental ance coverage for the uninsured. Sen- tween these two amendments. health need to be removed. We find ator WYDEN of Oregon and I have a pro- Why is this so important? I have to them in our statutes relative to Med- posal for universal catastrophic cov- tell my colleagues that as I travel icaid and Medicare. When it comes to erage. We believe that, at least in around my State of Texas, there are copays, when it comes to reimburse- America, if you lose your health, you issues people talk to me about, as with ment, the Federal Government has a should not lose your home. other Members. They are concerned prejudice against mental health. Why Mr. President, I believe my time is about our lack of border security. They would that be? If you do not have men- up. I thank you for the time, and I are concerned, obviously, about the tal health but you have physical focus our Nation’s attention on a most war on terror and the way forward in health, you do not have health. The pressing and urgent family and na- Iraq. But one of the really top three mind and body interact in a very direct tional urgency, which is health care. issues that my constituents talk to me way, and both are necessary if the I yield the floor. about is Federal spending. They worry American people are to have health. The ACTING PRESIDENT pro tem- about the deficit. They worry about I do believe the Congress needs to ad- pore. The Senator from Texas. the long-term obligation under Social dress the biases against mental health. f Security and Medicare, a bill that is I do believe we should enact mental WASTEFUL SPENDING going to be paid by our children and health parity in insurance law. It is a AMENDMENT grandchildren, about the morality of source of pride to me that my own basically putting this burden on their State of Oregon this past legislative Mr. CORNYN. Mr. President, I rise in backs in the future. So what this session enacted mental health parity, support of the amendment pending on amendment does, this second look at so that on January 1 of this year, all the floor, the second look at wasteful wasteful spending, it allows us to cut Oregonians woke up to know that as a spending amendment, otherwise known out some of the pork, cut out some of matter of law their health care covers as the Gregg amendment, after the dis- the waste in a way that I think re- mental health as well. And we should tinguished Senator from New Hamp- sponds to this very realistic concern by do no less as the Federal Government. shire. The truth is, we might call this the American people. We need to change this aspect. We need really the Daschle amendment or the You will note that in 1995, when Sen- to change it in Medicaid, Medicare, in Byrd amendment or the Levin amend- ator Daschle offered this amendment, insurance law, in teaching parity in ment or Murray or Dodd, other Sen- this was, of course, during the Clinton our medical schools, in our pharma- ators who have supported virtually this administration—I want to note that— ceutical policies—all of these things same proposal on previous occasions. I we had 21 Democratic Senators—vir- must elevate mental health to the will explain that more in just a mo- tually all of whom, I guess, are still in same level as physical health. ment. the Senate—who supported that Another part of mental health, in my If we look at this amendment, com- Daschle amendment. My hope is they own calculation, is a very personal pas- pared with one offered by the former would vote for cloture so we can have sion of mine; that is, the reauthoriza- majority leader, Senator Tom Daschle, an up-or-down vote on this Gregg tion and full funding of the Garrett Lee when the Democrats were, again, in amendment, which, as I showed a mo- Smith Memorial Act. There is a plague leadership, we can see how the Gregg ment ago, is virtually identical. in this country, an epidemic, if you amendment corresponds virtually, pre- Let’s look at some of the quotes back will, of youth suicide. It begins as de- cisely with the proposal made by then- then by distinguished Members of the pression and sometimes leads to the Democratic majority leader Tom Senate in support of the Daschle most tragic of results. It is my hope Daschle. It established a fast-track amendment. My hope would be that that this 110th Congress, the House and congressional process for consideration Senators would remember, perhaps the Senate, united, will reauthorize of Presidential rescissions. It required have their recollection refreshed by and fully fund this great and important congressional affirmation of rescis- this exercise in a way that would en- act. It is not the whole answer, but it sions. It allowed the President to sus- courage them to have at least an open is an important beginning because it pend funds for a maximum of 45 days. mind and possibly even embrace the incentivizes States to enact prevention It does not permit the President to re- Gregg amendment today as they did and intervention programs—not just submit rescissions once rejected by the the Daschle amendment back in 1995. States but tribes, colleges, univer- Congress. It allowed rescissions of dis- Senator BYRD, the distinguished sities—to be able to respond to this cretionary funding and targeted tax chairman of the Senate Appropriations issue which is costing the lives of over benefits. It did not allow rescissions of Committee, someone who respects con- 3,000 young people a year. I hope we new mandatory programs. That is one gressional prerogative and understands will do that. It is one of the actions the area where this differs from the the separation of powers perhaps better Congress before took which was truly Daschle amendment. The Gregg amend- than anybody else in this body, said: ment would permit rescission of new bipartisan, which truly has made a dif- I have no problem with giving the Presi- ference in saving hundreds, perhaps mandatory spending. dent another opportunity to select from ap- thousands, of lives. I interject, if we are going to get a propriations bills certain items which he Finally, let me speak to access. I handle on runaway Federal spending, it feels for his political or for whatever rea- think it is a source of some national is not going to be in discretionary sons, I have no problem with his sending shame that 46 million Americans are spending alone. We have actually—con- them to the two Houses and our giving him uninsured. It is true that probably half trary, perhaps, to popular perception— a vote. of that number are uninsured by done a pretty good job limiting non- That was on March 22, 1995. choice. They tend to be young people defense, nonhomeland security discre- Then there is this comment by Sen- who would want to spend their money tionary spending. But to paraphrase, ator FEINSTEIN, the distinguished Sen- in other ways. But of that 46 million, 9 that is not where the money is. Where ator from California. She said: million of these are children, and that the money is actually in mandatory Really, what a line-item veto is all about is a national shame. spending—in entitlement spending, is deterrence, and that deterrence is aimed I believe we need to reauthorize the such as Medicare, Medicaid, and Social at the porkbarrel. I sincerely believe that a SCHIP program. SCHIP, along with Security. line-item veto will work. Medicaid, is one of the central strands So the Gregg amendment quite ap- What we are talking about, this so- in our public safety net. I believe we propriately addresses rescission of new, called rescission provision, is in es- need to do this because of the 6 million not existing, new mandatory spending sence a version of the line-item veto, children who are insured by this, some programs. We can see here that in vir- something Presidents have called for in

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S876 CONGRESSIONAL RECORD — SENATE January 23, 2007 the past on both sides of the aisle and would allow. I suggest to our Demo- Yes, I did. something I believe, obviously, there cratic colleagues—in the spirit of bi- The reporter said: has existed bipartisan support for in partisanship in which we have started Well, it was right there in clear view. the Senate. this new Congress with the over- I said: Then there is Senator DORGAN, who whelming bipartisan passage of an eth- Well, it wasn’t in clear view to me. has said: ics and lobby reform bill and consider- Well, it turned out, after going Fully 43 Governors have the line-item veto, ation of this minimum wage bill with which suggests to me that it is a power that appropriate relief for small businesses through that embarrassing experience, the President can safely wield . . . That is when it comes to regulations and tax which all of us in this business go why I voted for it, and why I am pleased it relief that will attenuate some of the through from time to time, I started is now the law of the land. blow—this is an appropriate amend- digging around trying to find the This was back on April 25, 1996. ment for us to consider and pass. $50,000 appropriation for a tatoo re- Of course, we know what happened to I hope the spirit of bipartisanship moval parlor in California. Finally, I the line-item veto. It ultimately was does not end so early on in this session found it. It went into the budget on the struck down by the U.S. Supreme of the Senate. I know there are many appropriations bill on the last night of Court. That is why we have had to cynics who believe it will die an early negotiations. It was on something like come back with this modification of death. I am not one of them. I remain page 1186, line 33, in small print. The this rescission package in order to ad- hopeful and optimistic that our col- appropriations act we voted on was put dress the Court’s concerns and to en- leagues on both sides of the aisle will on our desk about 8 hours before we sure its constitutionality. embrace this opportunity to do the voted on it. Then there is the distinguished Sen- right thing for the people of this great I am not a fast reader anyway, but I ator from Delaware, Senator JOE country. couldn’t read 1,100 pages in 8 hours. I BIDEN, who said: I yield the floor. would go blind. And the fact is, Con- Mr. President, I have long supported an ex- The ACTING PRESIDENT pro tem- gress was embarrassed, the Representa- periment with the line-item veto power for pore. The Senator from Georgia is rec- tive who put it in there was very em- the President. ognized. barrassed, but this Representative was That was Senator BIDEN on March 27, Mr. ISAKSON. Mr. President, how very embarrassed. So I introduced leg- 1996. much time is remaining? islation the next year to basically put Then there is Senator DODD who has The ACTING PRESIDENT pro tem- an end to the last-minute earmark that said: pore. Ten minutes. said the earmark had to be in bold I support the substitute offered by Senator Mr. ISAKSON. Mr. President, first of type, large fonts, and on the front page Daschle. all, I commend the Senator from Texas of each appropriations act, and had to lay on the desk for 24 hours to at least That is the Daschle amendment. on his remarks. I commend Senator give us a chance to look at it. I believe it is a reasonable line-item veto JUDD GREGG on the submission of this What Senator GREGG has proposed alternative. It requires both Houses of Con- amendment. I commend Senator gress to vote on a President’s rescission list MCCONNELL, the Republican leader, for today is the opportunity for us to not and sets up a fast-track procedure to ensure his insistence on bringing this amend- only get a second look, but in the case that a vote occurs in a prompt and timely ment to the floor of the Senate early. of a lot of these earmarks a first look, manner. It had been my preference that it be de- at wasteful appropriations. That is why There are just a couple of more. Mr. bated during the lobbying reform and I thought it should have gone on the FEINGOLD, the Senator from Wisconsin, ethics bill, S. 1, which we debated last previous bill we debated last week, the said this: week because the remarks I am going lobbying reform and ethics bill for, you The line-item veto is about getting rid of to make tell you how much I think the see, if a President of the United States those items after the President has them on enhanced rescission and a second look had gotten that omnibus budget and his desk. I think this will prove to be a use- at wasteful spending is so important to had the right of rescission, that Presi- ful tool in eliminating some of the things end, curb, and finally do away with dent could have said: I think we ought that have happened in Congress that have what has been an abuse in this body for to strike the $50,000 for a tatoo removal been held up to public ridicule. a long time, and that is the abuse of parlor in California. And under the That obviously goes with the pork earmarks. Gregg proposal, it would come back to spending, the embarrassing earmarks In fact, I want to tell a story. When the Senate and the House, and we that we have heard so much about from I first came to the Congress of the would have to affirm that. I do not our constituents, particularly leading United States in 1999, the first budget think there is a single person in either up to this last election. that I voted on and was passed was a party, including the author of that ear- Senator MURRAY said: voluminous, huge budget—appropria- mark 9 years ago, who would not have I want to give the President the ability to tions bill. It had spending in thousands voted to affirm the President’s rescis- line-item veto all those portions of the ap- of different categories, many of which I sion. propriations bills that have not been through never even looked at, A, because I was The light of day, sunshine, the power the hearing and authorization process. All not on the committee that had juris- of knowledge, facts are stubborn those pork items contribute to our deficit. diction or, B, because so much of it things. But so often in the appropria- I think we have one more from Sen- went into last-minute negotiations in tions process facts get obliterated or ator DORGAN, but we have already the conference committee on the ap- not seen. Appropriations get written in heard from him. There is one last one propriations bill. late at night in negotiations between from Mr. LEVIN, the distinguished Sen- I will never forget a telephone call I conferees, and we end up with wasteful ator from Michigan. He said: got at 8 o’clock in the morning from a spending. That so-called expedited rescission process, reporter, shortly after—about 2 weeks This is an outstanding proposal by it seems to me, is constitutional and is after the passage of an Omnibus appro- Senator GREGG. As Senator CORNYN has something which we can in good conscience, priations bill. A newspaper reporter said, and others who have spoken today at least I in good conscience, support. called and said to me: have said, it actually reflects what has My point is obvious, perhaps, but let been approved by Members of both par- Congressman, why did you vote for a me, at the risk of beating a dead horse, $50,000 appropriation for a tatoo removal par- ties in this Senate before. But it makes say it again. If this was good policy lor in California? good, common, horse sense and passes back in 1995 and 1996, what has changed I said: the constitutional test, which is so im- in 2007? I submit the only thing that portant. has changed is that our deficit has in- I didn’t vote for any such a thing. The President gets four times a year creased for many years, part of which The reporter said: to send rescissions to the Congress. is porkbarrel spending which can be Yes, you did. Didn’t you vote for the Omni- The Congress has to fast-track its re- eliminated with the kind of coopera- bus budget? sponse within 8 days. The Congress has tion that this particular amendment I said: to affirm the rescission, which is the

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S877 key point in the balance of power be- The ACTING PRESIDENT pro tem- for the first meaningful debate on the tween each of the bodies of Govern- pore. Without objection, it is so or- war in Iraq in more than 4 years since ment that are so important to our Con- dered. we passed the use-of-force resolution. stitution. It does not give a President f Circumstances have changed dra- unilateral authority, but it forces the matically. Reading the resolution IRAQ light of day on a Presidential decision today, one would wonder if it even jus- for us to take a second look at what Mr. DURBIN. Mr. President, there is tifies our current presence because it was probably a mistake that this body one moment each year when America spoke of removing Saddam Hussein, might have made. comes together, when the leader of our dealing with weapons of mass destruc- Lastly, I have had some experience country, our President, in his State of tion, stopping the march of nuclear with this process. I had the privilege of the Union Address, speaks of our expe- weapons into Iraq. We now know all of representing the great State of Georgia rience in the past, our history, and his those things were either wrong in that for 17 years in its statehouse, in its vision of our Nation’s future. It is a original resolution or have become State senate. At the time I was in the rare moment on Capitol Hill, House moot by the events that have tran- minority, and the Democratic Party in and Senate together on a bipartisan spired. Georgia was in the majority. A dear basis, the Supreme Court, the Cabinet, There is an effort underway to make friend of mine, a fellow against whom I the diplomatic corps. It is quite a fes- sure this debate on Iraq represents the ran for Governor of Georgia in 1990, and tive and historic—sometimes solemn— bipartisan feeling of America, rep- who came to this Senate, Zell Miller, gathering. Tonight will be an oppor- resents the fact that there are Demo- and whom I later replaced in this Sen- tunity for us to gather again for the crats and Republicans and Independ- ate, a great Georgian—I watched him State of the Union Address. I am look- ents who feel intensely that the cur- use the line-item veto, which is legal in ing forward to it. rent strategy, the current plan the Georgia, to cause accountability on the It comes at a moment in American President is pursuing is not the right part of legislators, to let the light of history when there is a strong emotion plan. day shine on appropriations and, most across this country, a strong feeling The first resolution will be consid- importantly, to see to it that Georgia about the war in Iraq. It is a feeling ered by the Foreign Relations Com- was run in a fiscally sound way and we that was made even more intense by mittee this week and is sponsored by didn’t get away with things that we the events of this last weekend where Senators BIDEN and LEVIN on the should not have gotten away with. we lost so many of our brave soldiers: Democratic side and Senator HAGEL on If it is good enough for the States, it a helicopter crash from the sky, lives the Republican side. is good enough for the Federal Govern- were taken on the ground. At the end Yesterday, there was another resolu- ment. If it passes the constitutional of the day, we had lost 3,059 of our best tion brought to the attention of the test of the division of power in our and bravest soldiers, marines, airmen, American people, introduced by three Government—legislative, executive, ju- and sailors in this war in Iraq. Members I respect. Senator JOHN WAR- dicial—it ought to be a part of the body The President will speak of many NER, former chairman of the Com- of law, and this proposal does. things this evening. That is his respon- Most important of all, although all mittee on Armed Services, a Repub- sibility—from energy to health care to lican Senator from Virginia, the lead the promotion pieces I have read call education and beyond. But the issue this a second look at the budget proc- sponsor, Senator BEN NELSON, a Demo- most dominant in the minds of Amer- crat from Nebraska, and Senator ess, in many cases because of the vol- ica is the issue of Iraq. It was certainly ume it gives us, as individuals, a first SUSAN COLLINS, a Republican from the most dominant issue in the Novem- Maine, are about to introduce a resolu- look at a mistake we made. Instead of ber election when the message came current law, where once that mistake tion that clearly expresses the sense of through loudly and clearly that it was Congress about this strategy in Iraq. is made it is there, under this right of time to change, it was time for Amer- recision we have a second chance at Much has been written about it. The ica to step back and reassess our role resolution should speak for itself be- what was a first impression, and we in Iraq and where we go from here. can make the right decision and do the cause these Senators, two Republicans Since that election, many important and a Democrat, resolve: right thing. things have happened. The Secretary of The money, when it is struck, goes That it is the sense of Congress that— Defense, Donald Rumsfeld, resigned, re- where it ought to go—to deficit reduc- (1) the Senate disagrees with the ‘‘plan’’ to placed by Robert Gates. The military tion. This country has a serious deficit augment our forces by 21,500, and urges the leadership in Iraq was changed and the problem, and it has had a serious President instead to consider all options and President came forward, after a time of alternatives for achieving the strategic goals spending problem. Enhanced rescission deliberation, with his own proposal. set forth below with reduced force levels places the responsibility on the Presi- That proposal, which we heard a little than proposed. dent to delineate a mistake and forces over a week ago, called for adding more The important thing about these res- us to affirm if that, in fact, was a mis- troops in the theater of war in Iraq, olutions, though they are different in take, and the benefit from that savings some 21,000 more Americans, to join wording, is they all reach the same goes to reduce the deficit, which is the the 144,000 soldiers who are there conclusion. The conclusion is the mortgage on our children’s future and today. President’s policy, the escalation or the future of our grandchildren. Most of us have spoken publicly augmentation, virtually the same I am delighted to come to the floor about that in disagreement with the word, is the wrong way to move in Iraq today as a cosponsor of the enhanced President: our belief that the esca- today. rescissions amendment proposed by lation of the number of troops in Iraq I hope at the end of the day we can Senator GREGG to speak in its favor, is the wrong way, the wrong direction come together on a bipartisan basis, and I encourage every Member of the for our Nation; our belief that 21,000 that we can cooperate in finding ways Senate to take a second look at this soldiers cannot stop the civil war that to blend these resolutions so we do proposal. It makes sense. It is constitutional. has 14 centuries of fighting behind it; speak as much as possible with a com- It is the right thing to do. and our belief that 21,000 American mon bipartisan voice in the Senate. We I yield the floor. lives are too many to ever lose in this need to call for the kind of change in Mr. President, I suggest the absence kind of dangerous situation. the President’s policy that the Amer- of a quorum. The President, undoubtedly, will ican people asked for in this election. The ACTING PRESIDENT pro tem- speak to Iraq this evening and the Our call is not based on politics but pore. The clerk will call the roll. American people will listen closely. based on reality—the reality of the The assistant legislative clerk pro- But that is not the end of the conversa- deaths which American troops have en- ceeded to call the roll. tion. The conversation will continue in dured in this conflict and the reality of Mr. DURBIN. Mr. President, I ask the Senate where men and women rep- the war on the ground, a war which be- unanimous consent that the order for resenting States, as I have the honor to comes more serious and more violent the quorum call be rescinded. do in representing Illinois, will engage by the day.

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S878 CONGRESSIONAL RECORD — SENATE January 23, 2007 We know the military experts have he felt the resolutions we were debat- coming home, as Prime Minister al- disagreed with the White House for a ing were a vote of confidence on wheth- Malaki has asked, start moving the long time. GEN Eric Shinseki in 2003, er we trusted America’s troops to get Iraqis into a position of more responsi- as Army Chief of Staff, said we would the job done. As much as I respect Sen- bility and leadership, call on the al- need many more troops than the ad- ator MCCAIN, I could not disagree Malaki government in Iraq to make ministration was prepared to send and more. This vote is not about our faith the political concessions to try to more allies to secure peace ultimately in our troops. Trust me, if a vote came bring an end to the sectarian strife, the in Iraq. Not only did the administra- to the Senate on our commitment and civil war that has caused all this vio- tion ignore General Shinseki’s advice, respect for our American military serv- lence and continues to on a day-to-day they invited him to leave. We now ice men and women, it would be 100 to basis. know he was the one who had the in- 0. We all stand in awe and admiration There is one thing we should stop and sight they should have followed. of the contributions they have made to assess as well. That is the real cost of General Abizaid, the commander of our country and the courage they show this war. I have come to the floor of all our forces in Iraq and Afghanistan, every day. We have confidence that the Senate many times and talked has told us that every divisional and given an assignment that can be phys- about $2 billion a week that is not corps commander in the theater has ically accomplished, they will do it being spent in America, $2 billion being told him we should not send more better than any military force in the spent on this war. I voted for the troops. That is what the President has world. money to support our troops, and I will chosen to do despite this advice from But the debate is not over our troops. continue to, but we have to be honest his top generals. General Abizaid testi- The debate is over the President’s pol- about the costs of the war. Our Defense fied before Congress that he is con- icy. Those troops didn’t write the pol- bill for the coming year, according to vinced that: icy that sent too few troops to Iraq ini- the Wall Street Journal last week, may . . . more American forces prevent the Iraqis tially. Those soldiers didn’t write the top $600 billion. That figure does not from doing more, from taking more responsi- requisitions to send humvees that have include the extra $100 billion in emer- bility for their own future. become, sadly, opportunities for road- gency appropriations that Congress General Abizaid and others have also side bombs to maim and kill our sol- will soon be asked to vote on to sustain repeatedly stated that the solution to diers. Those troops didn’t make the current operations in Iraq and Afghani- the violence in Iraq is not military, it critical decisions about disbanding the stan. is political. We have to turn to Prime Iraqi Army. They didn’t make the po- The costs of the war in Iraq have Minister Maliki and his Cabinet to litical decisions along the way. They been extraordinary, whether measured make the political decisions which will did their duty. And they continue to do in dollars or human lives. I went make the difference. so. through a long list last week of what General Abizaid is not alone. The What we are debating here is the pol- we could have done in America with Iraqis themselves appear to agree with icy decisions being made by this ad- $400 billion, the $400 billion we have his conclusion. Iraqi Prime Minister ministration, and a larger and larger spent in Iraq, what we could have done Nuri al-Maliki stated on November 27 number of Democratic and Republican by way of extending the opportunity last year: Senators are speaking out that these for health care and health insurance to The crisis is political, and the ones who decisions have been wrong and that the millions of Americans currently unin- can stop the cycle of aggravation and blood- President’s plans continue to make the sured, offering to pay for college edu- letting of innocents are the politicians. wrong decision. cation for students coming out of high The Iraqi Prime Minister has said The Iraq Study Group was a bipar- school who are accepted at the best what he needs most is weapons and tisan effort to try to find a way colleges. All of these things could have equipment, not American soldiers. through this, to come out with a plan been done and weren’t done because, When Prime Minister Maliki met with that will work so we can truly bring instead, we have invested the money in President Bush in Jordan in November, our troops home successfully. They this war. he didn’t ask for more American talked about the fact that adding more The administration’s view is, we will troops; rather, he said he needed sup- troops would not be a good move. In continue with no end in sight to spend port by way of equipment and weapons. fact, bringing troops home should be these dollars at great expense to Amer- In fact, Prime Minister Maliki sug- our goal. They established the date of ica and lost opportunities to our peo- gested we should reduce the presence of April 1, 2008, for most of those troops to ple. An open-ended commitment, as American troops in his country. The be gone. And they called for something this administration has suggested, President has done just the opposite. that this administration continues to means these costs are also open-ended. A United States official was quoted ignore: They called for a surge in diplo- It is time to break this cycle, to ad- as saying that ‘‘The message in macy—not a surge in the military but dress our real security needs in Amer- Amman was that Maliki wanted to a surge in diplomacy. ica, to implement the 9/11 rec- take the lead and put an Iraqi face on Baker and Hamilton, a Republican ommendations at some expense but, it. He wanted to control his own and a Democrat, with credentials of really, to protect our people from any forces.’’ real experience at the highest levels of future possible terrorist attack. The bi- The answer to all of Iraq’s problems our Government, said it is time for us partisan resolution that will come be- is not simply to deliver more American to open a dialog with the Syrians and fore the Senate in the coming days soldiers. But American weaponry and with the Iranians about the stability of states that our goal in Iraq should be equipment can be helpful. President the Middle East and to try to find com- to maximize our chances of success. An Bush has disagreed. Although he stead- mon ground. There are no guarantees open-ended commitment of U.S. forces fastly said as the Iraqis stand up, our of success with diplomatic dialog, but in Iraq reduces these chances rather forces will stand down, exactly the op- there is a guarantee that if you don’t than increasing them. Here in the safe- posite has occurred. As the Prime Min- try, you won’t succeed. ty and comfort of Washington, we owe ister of Iraq has offered to stand up Sadly, this administration has re- to it our troops not to forget that more forces to defend his own country, fused to try at the diplomatic level. today they stand in danger risking the President of the United States has Their responses continue to be military their lives. said we are going to send 21,000 more of when we know time and again the solu- Soon we will vote on whether we sup- our best and bravest into the face of tion is political within Iraq and diplo- port the escalation of the war that the danger. matic outside Iraq. President has called on. Let no one Our troops have fought brilliantly The Baker-Hamilton study group confuse that issue with the question of and courageously. Over the weekend, issued its report. It was received cor- whether we support our troops, wheth- Senator JOHN MCCAIN, a man whom I dially by the White House and then ig- er we have confidence in our troops. respect and count as a friend, made a nored. Many Members believe we Let me make something else clear: statement on one of the talk shows, I should return to it, begin the redeploy- The resolution we are debating is not a believe it was ‘‘Meet the Press,’’ that ment of American forces, start them vote of confidence on the President,

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S879 nor on the troops. It is about a policy. by increasing the minimum wage but ulations and more rules. It illustrates It is a deliberation about a policy and also at the same time providing small the conclusion found in a recent report a strategic decision. That is why we businesses with significant tax and reg- that was prepared by the Small Busi- are here. That is why we were elected. ulatory relief in a way that does not ness Administration’s Office of Advo- We cannot shy away from that respon- add to our Nation’s deficit. That is a cacy that said in 2004 that the per-em- sibility. We all support our men and great example of the social and fiscal ployee cost of Federal regulations for women in uniform. But like a majority responsibility we must embrace. small businesses with fewer than 20 of Americans, we also support the Small business tax and regulatory re- employees was $7,647. In contrast, the changes in policy that will lead to the lief and increasing the minimum wage per-employee cost of Federal regula- redeployment of U.S. forces, ulti- do not have to be mutually exclusive. I tions for firms with 500 or more work- mately bringing them home to safety. believe it is time to raise the minimum ers was $5,282. This results in a 44-per- That is the change that was called wage. It is certainly long overdue, cent increase in burden for smaller for in the last election. That is the new since the last time the minimum wage businesses compared to their larger direction that is needed at this point in was raised was back in 1997. Given the counterparts. Clearly, we must find our history. significant increases in the cost of liv- ways to ease the regulatory burden for I yield the floor and suggest the ab- ing since then, most notably the rise in our Nation’s small businesses so they sence of a quorum. prices in housing, energy, and health may continue to create jobs and drive The ACTING PRESIDENT pro tem- care, families need to support them- economic growth. pore. The clerk will call the roll. selves, and they certainly cannot do it As the leading Republican on the The bill clerk proceeded to call the on less than $11,000 annually. Small Business Committee, I continue roll. I am deeply concerned as well about to hear from small businesses across Ms. SNOWE. Mr. President, I ask the widening wage gap in America, the country, in addition to my home unanimous consent that the order for which is creating a burgeoning eco- State of Maine, which is essentially a the quorum call be rescinded. nomic divide when it comes to income. small business State where 98 percent The ACTING PRESIDENT pro tem- of all employers are small businesses. pore. Without objection, it is so or- As the chart behind me shows—and I But to give an example of the impact of dered. think it is very important because Ms. SNOWE. Mr. President, I ask hopefully one of the priorities in this the regulatory burden, I cite one com- unanimous consent to proceed as in Congress will be to explore policies pany, Hammond Lumber Company, morning business. that will narrow the wage gap in Amer- which faces the increased cost of regu- The ACTING PRESIDENT pro tem- ica—according to the latest census latory compliance. It is a shining ex- pore. Without objection, it is so or- data, in 2005, a household in the 90th ample of the American dream come dered. percentile earned $114,000 more—or 11 true. It has been a family-owned com- pany for three generations. They have f times as much—than a family in the 10th income percentile. Moreover, in- been thriving in the State of Maine and COMPLIANCE ASSISTANCE FOR come for households at the top has serving not only Maine but all of New SMALL BUSINESSES grown over the last 30 years, while in- England for more than 50 years. It grew Ms. SNOWE. Mr. President, I wish to come for households at the bottom has from a company of 41 employees in 1976 take this opportunity to discuss an remained flat. to over 300 employees in 2006. Ham- amendment that is pending before the A recent BusinessWeek article re- mond Lumber exemplifies the tremen- Senate, which was offered by the rank- ported that increasing the minimum dous spirit of the American entre- ing member of the committee, Senator wage to $7.25 an hour could raise the preneur. It also demonstrates the piv- ENZI, which I have introduced along pay for 16 percent of the Nation’s work- otal role small businesses play in cre- with Senators ENZI and LANDRIEU. It is force. So I am unequivocally sup- ating jobs and driving our Nation’s a bipartisan amendment to enhance portive of this initiative. I also believe, economy. However, as Hammond Lum- compliance assistance for small busi- as the ranking member of the Small ber has grown, so has its regulatory nesses. Before I address the amend- Business Committee and previously burden. In 1976, its total regulatory ment, I wish to make a few comments chair of the committee, that we need cost per employee equaled $98. Last about the minimum wage package we to balance the minimum wage increase year, it was $441 per employee. I had are currently considering on the floor. with a robust package of small busi- the opportunity to tour the company. I I thank the leadership on both sides ness tax and regulatory reform to re- talked to the owners and talked to the of the political aisle for working to- lieve many of the burdens small busi- employees. Unquestionably, it is a gether to develop a bipartisan con- nesses continue to face. thriving company. They told us that sensus to raise the minimum wage. The fact is, small business is the en- the burden they were enduring as a re- From the outset, Senator REID and gine that is driving the economy. It is sult of the regulatory compliance was Senator MCCONNELL set a bipartisan the one segment of the economy that is clearly having adverse consequences. tone in forging a path to increasing the actually creating jobs. Three-quarters So we need to level the playing field minimum wage. I also thank Chairman of all of the net new jobs are created by for small businesses and make it easier KENNEDY and the ranking member, a small business; therefore, it is in our for them to comply with complex regu- Senator ENZI, for working together to interest to make sure we can guarantee lations. All too often, small businesses develop this bipartisan legislation as for the future that this segment of the don’t maintain staff, don’t have the fi- well. I think this is a very encouraging economy is going to continue to create nancial resources to comply with Fed- beginning to the 110th Congress and jobs and to restore the long-term eco- eral complexities, rules, and regula- hopefully a time we can reach across nomic vitality of small businesses. tions. This places them at a disadvan- partisan divides to enact meaningful Over the past 20 years, which is the tage compared to larger companies. It legislation. subject of this amendment today, the also reduces the effectiveness of the I also commend Chairman BAUCUS of number and complexity of Federal reg- agency’s regulations. If the agency the Finance Committee, along with ulations has multiplied at an alarming cannot describe how to comply with its Senator GRASSLEY, for working to rate. In 2004, for example, the Federal regulations, how can we expect a small draft the small business tax package Register contained 75,675 pages, an all- business to figure it out? That is why I that is also incorporated in the min- time record, and 4,101 rules. These have offered this amendment, along imum wage bill. It was especially re- rules and regulations impose a much with Senator ENZI and Senator freshing to see both Chairman BAUCUS more significant impact on smaller LANDRIEU, which would clarify the and Ranking Member Grassley working businesses than larger businesses. As small business requirement that exists so closely together to forge a com- illustrated by the chart behind me, it under Federal law. promise that addresses concerns on demonstrates unequivocally the dis- Our amendment is drawn directly both sides of the aisle. proportionate burden borne by small from recommendations put forward by By enacting the minimum wage, we businesses versus large corporations in the GAO and is intended only to clarify will accomplish a legislative win-win order to absorb the impact of more reg- an already existing requirement which

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S880 CONGRESSIONAL RECORD — SENATE January 23, 2007 passed unanimously in the Senate, be- joyed broad bipartisan support. It was lishing enhanced rescission authority under came law, back in 1996 when we passed also included last year in the Small fast-track procedures. the model legislation to ease the im- Business Reauthorization Act that was Enzi (for Snowe) amendment No. 103 (to pact on small businesses with respect amendment No. 100), to enhance compliance unanimously reported out of the Sen- assistance for small businesses. to the Federal bureaucracy creating ate Small Business Committee in the Sessions amendment No. 106 (to amend- rules and regulations. That legislation 109th Congress. This isn’t any new ment No. 100), to express the sense of the that became law was intended to en- ground. It is straightforward. It will Senate that increasing personal savings is a sure that the Federal Government and help small businesses, which are doing necessary step toward ensuring the economic all of the agencies consider the impact so much to create jobs in our economy. security of all the people of the United to small businesses of these proposed Frankly, we ought to do more for small States upon retirement. rules and regulations. businesses. I think this is a sector of Sessions amendment No. 107 (to amend- One of the most important provisions ment No. 100), to impose additional require- our economy which we have overlooked ments to ensure greater use of the advance of this act was a requirement that Fed- and ignored. eral agencies work to produce compli- payment of the earned income credit and to There are so many resources that we extend such advance payment to all tax- ance assistance materials to help small could make available to small busi- payers eligible for the credit. businesses satisfy their regulatory ob- nesses for a minimal cost that I think Sessions amendment No. 108 (to amend- ligations. Unfortunately, the GAO has could leverage job creation throughout ment No. 100), to authorize the Secretary of discovered that Federal agencies have this country. I know, in working with the Treasury to study the costs and barriers ignored these requirements or failed to businesses if the advance earned income the new chair of the Small Business miserably in their attempt to satisfy tax credit program included all EITC recipi- Committee, Senator KERRY, that we them. GAO also discovered that the ents. are going to look to the future to see language of the act is unclear in some The ACTING PRESIDENT pro tem- what kind of programs we can build places about what is actually required pore. The Senator from Massachusetts. upon, what kind of efforts we can make of small businesses. Consequently, AMENDMENT NO. 103, AS MODIFIED that can help small businesses thrive small businesses were forced to figure Mr. KENNEDY. Mr. President, if I out all these complicated regulations and flourish and create the jobs that so many parts of our country desperately can have the attention of the Senator on their own. Obviously, this makes from Maine, what I would like to do compliance that much more difficult to need and require. I am looking forward to working now is to ask that the amendment be achieve. So my amendment is drawn modified with the modification that is with Chairman KERRY in that regard, specifically and directly from the GAO. at the desk, if that is agreeable with It clarifies when a small business com- also with Chairman BAUCUS and the Senate Finance Committee because the the Senator. pliance guide is required, how a guide Ms. SNOWE. It certainly is. underlying bill includes some very sig- shall be designated, how and when a The ACTING PRESIDENT pro tem- nificant tax relief measures. Unfortu- guide shall be published, and that the pore. Without objection, the amend- nately, they will expire in the future. agency make the guide available on ment is modified. In the short term, in some cases, such the Internet. These are commonsense, The amendment (No. 103), as modi- as small business expensing, I think we good government reforms, which will fied, is as follows: provide major relief for small busi- have to consider ways to make that ex- pensing requirement permanent be- At the appropriate place, insert the fol- nesses at virtually no cost to the Fed- lowing: cause small businesses clearly deserve eral Government. SEC. ll. ENHANCED COMPLIANCE ASSISTANCE I think it is very important that this to have continuity of that provision FOR SMALL BUSINESSES. amendment be adopted because all too and the certainty that it is going to be (a) IN GENERAL.—Section 212 of the Small often we have discovered—as under- there. Business Regulatory Enforcement Fairness scored by GAO in their recent report— I applaud Chairman BAUCUS for un- Act of 1996 (5 U.S.C. 601 note) is amended by that the agencies find ways or discover dertaking this initiative as the first ac- striking subsection (a) and inserting the fol- loopholes to circumvent the require- tion as chair of the Finance Committee lowing: ‘‘(a) COMPLIANCE GUIDE.— ment. It is that much easier because in the markup, and it clearly is going ‘‘(1) IN GENERAL.—For each rule or group of they don’t want to have to bother to to go a long way toward helping to bol- related rules for which an agency is required help small businesses comply with reg- ster a very significant part of our econ- to prepare a final regulatory flexibility anal- ulations, and they use the rationale— omy, and that is, of course, small busi- ysis under section 605(b) of title 5, United or the excuse, I might say—of the am- ness growth. States Code, the agency shall publish 1 or biguity in law that doesn’t allow them We want to do more, we should do more guides to assist small entities in com- to be clear or to provide the assistance more, and we can do more. plying with the rule and shall entitle such directly to small businesses. So we Again, I urge Members of the Senate publications ‘small entity compliance want to remove the ambiguity and we to support this amendment. guides’. ‘‘(2) PUBLICATION OF GUIDES.—The publica- want to be sure that the amendment as I yield the floor. tion of each guide under this subsection shall represented here today, which would be f include— translated into the statute, will be CONCLUSION OF MORNING ‘‘(A) the posting of the guide in an easily abundantly clear and specific in terms identified location on the website of the of how the agencies are going to allow BUSINESS agency; and small businesses to comply with these The ACTING PRESIDENT pro tem- ‘‘(B) distribution of the guide to known in- regulations, with the assistance that pore. Morning business is closed. dustry contacts, such as small entities, asso- ciations, or industry leaders affected by the could be provided by these agencies as f well. rule. I think it is also important to stress FAIR MINIMUM WAGE ACT OF 2007 ‘‘(3) PUBLICATION DATE.—An agency shall publish each guide (including the posting and that this amendment does not place The ACTING PRESIDENT pro tem- distribution of the guide as described under any additional arduous requirements pore. Under the previous order, the paragraph (2))— on small businesses. There are no addi- Senate will resume consideration of ‘‘(A) on the same date as the date of publi- tional enforcement measures. We are H.R. 2, which the clerk will report. cation of the final rule (or as soon as possible just saying that this is important to The bill clerk read as follows: after that date); and clarify, so that agencies don’t have an A bill (H.R. 2) to amend the Fair Labor ‘‘(B) not later than the date on which the excuse for avoiding compliance with Standards Act of 1938 to provide for an in- requirements of that rule become effective. this regulation and also providing as- crease in the Federal minimum wage. ‘‘(4) COMPLIANCE ACTIONS.— sistance to small businesses, and ‘‘(A) IN GENERAL.—Each guide shall explain Pending: the actions a small entity is required to take doesn’t undercut an agency’s ability to Reid (for Baucus) amendment No. 100, in to comply with a rule. enforce its regulation to the fullest ex- the nature of a substitute. ‘‘(B) EXPLANATION.—The explanation under tent they currently enjoy. McConnell (for Gregg) amendment No. 101 subparagraph (A)— Furthermore, this amendment was (to amendment No. 100), to provide Congress ‘‘(i) shall include a description of actions introduced in the form of a bill that en- a second look at wasteful spending by estab- needed to meet the requirements of a rule, to

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I am very grate- ‘‘(A) IN GENERAL.—Subject to the avail- quirements are met; and ful to all of them for working with us. ability of appropriations, the Administrator ‘‘(ii) if determined appropriate by the This is a very useful and extremely im- shall make a grant for the Federal share of agency, may include a description of possible portant and valuable addition to the the cost of activities described in the appli- procedures, such as conducting tests, that cation to each applicant approved under this may assist a small entity in meeting such re- legislation. subsection. quirements, except that, compliance with I know the Senator from Pennsyl- ‘‘(B) AMOUNT.—A grant under this sub- any procedures described pursuant to this vania is desirous to address the overall section shall be for not less than $90,000 and section does not establish compliance with issue. Mr. President, as I understand it, not more than $150,000, for each year of that the rule, or establish a presumption or infer- under the previous order, at noontime, grant. ence of such compliance. we are going to vote on this amend- ‘‘(C) FEDERAL SHARE.—The Federal share ‘‘(C) PROCEDURES.—Procedures described ment; is that correct? under this subsection shall be not more than under subparagraph (B)(ii)— The ACTING PRESIDENT pro tem- 50 percent. ‘‘(i) shall be suggestions to assist small en- ‘‘(D) PRIORITY.—In allocating funds made tities; and pore. There is no order to that effect. available for grants under this section, the ‘‘(ii) shall not be additional requirements, Mr. KENNEDY. As I understand, Administrator shall give applications under or diminish requirements, relating to the shortly, there will be, I expect. At the this subsection priority over first-time appli- rule. appropriate time, we will ask for the cations under subsection (b). ‘‘(5) AGENCY PREPARATION OF GUIDES.—The yeas and nays. We intend to have the ‘‘(5) RENEWAL.—The Administrator may agency shall, in its sole discretion, taking vote, for the information of offices, at renew a grant under this subsection for addi- into account the subject matter of the rule that time. tional 3-year periods, if the nonprofit organi- and the language of relevant statutes, ensure I see both the Senator from New zation submits an application for such re- that the guide is written using sufficiently Hampshire and the Senator from Penn- newal at such time, in such manner, and ac- plain language likely to be understood by af- companied by such information as the Ad- fected small entities. Agencies may prepare sylvania are here. ministrator may establish.’’. separate guides covering groups or classes of The ACTING PRESIDENT pro tem- similarly affected small entities and may co- pore. The Senator from New Hamp- Mr. SUNUNU. Mr. President, this is operate with associations of small entities to shire. an important debate and important develop and distribute such guides. An agen- AMENDMENT NO. 112 discussion, especially in regard to the cy may prepare guides and apply this section Mr. SUNUNU. Mr. President, I ask points made by Senator SNOWE of with respect to a rule or a group of related unanimous consent that the pending Maine; that is, if we raise the min- rules. imum wage, we need to understand ‘‘(6) REPORTING.—Not later than 1 year amendment be set aside, and I call up amendment No. 112 and ask for its im- both the potential impact on small after the date of enactment of the Fair Min- businesses and recognize those small imum Wage Act of 2007, and annually there- mediate consideration. after, the head of each agency shall submit a The ACTING PRESIDENT pro tem- businesses are creating most of the job report to the Committee on Small Business pore. Is there objection? Without objec- opportunities in our country. They fuel and Entrepreneurship of the Senate, the tion, the clerk will report. our economy. Over the long term, as Committee on Small Business of the House The bill clerk read as follows: those smaller entrepreneurial firms of Representatives, and any other committee grow, they provide support for a grow- The Senator from New Hampshire [Mr. of relevant jurisdiction describing the status ing wage base, for benefits, and for sup- of the agency’s compliance with paragraphs SUNUNU] proposes an amendment numbered 112. port of the families who depend on (1) through (5).’’. those small businesses for their jobs. (b) TECHNICAL AND CONFORMING AMEND- Mr. SUNUNU. Mr. President, I ask MENT.—Section 211(3) of the Small Business unanimous consent that the reading of I welcome her amendment that deals Regulatory Enforcement Fairness Act of 1996 the amendment be dispensed with. with small business regulation. It is an (5 U.S.C. 601 note) is amended by inserting The ACTING PRESIDENT pro tem- important step in the right direction, ‘‘and entitled’’ after ‘‘designated’’. pore. Without objection, it is so or- and I certainly hope it continues to re- Mr. KENNEDY. Mr. President, I will dered. ceive bipartisan support in the Senate. take a moment or two to thank the The amendment is as follows: I think many of the provisions that are Senator from Maine and thank the (Purpose: To prevent the closure and in the substitute that deal with sup- Senator from Wyoming. If one will defunding of certain women’s business cen- port for small business will receive bi- take a few moments and look through ters) partisan support. this amendment and the modification, At the appropriate place, insert the fol- Senator SNOWE also mentioned the they will understand what the good lowing: importance of tax treatment for small Senators have been talking about. It SEC. ll. RENEWAL GRANTS FOR WOMEN’S BUSI- business investments and capital talks about posting to make sure the NESS CENTERS. spending, and that they be allowed to information is going to be available to Section 29 of the Small Business Act (15 expense that, in turn, allowing them to small businesses. It talks about dis- U.S.C. 656) is amended by adding at the end the following: find additional resources to continue tribution, to make sure there is going that pattern of investment. to be a generous distribution. It talks ‘‘(m) CONTINUED FUNDING FOR CENTERS.— ‘‘(1) IN GENERAL.—A nonprofit organization about a timely distribution, so we are The amendment I have called up also described in paragraph (2) shall be eligible to deals with the issue of small business, not going to have a final date, and then receive, subject to paragraph (3), a 3-year the Agency is going to delay in terms entrepreneurship and job creation and grant under this subsection. a small, but important, program in our of posting and distribution. ‘‘(2) APPLICABILITY.—A nonprofit organiza- It explains what is necessary for tion described in this paragraph is a non- Government called the Women’s Busi- small businesses to be able to comply profit organization that— ness Centers. There are about 100 Wom- with the rules and the regulations. It ‘‘(A) has received funding under sub- en’s Business Centers across the coun- doesn’t affect those regulations that sections (b) and (l); and try. There is one in Portsmouth, NH, have been set and established. And it ‘‘(B) is not eligible under the programs that was among the very first created under such subsections for the first fiscal in the United States, and it deals with makes the requirement that it be put year after the end of the period of financial in plain English language so that any a range of issues from providing an in- assistance under subsection (l). cubator for women entrepreneurs just person is able to understand what is in- ‘‘(3) APPLICATION AND APPROVAL CRITERIA.— tended and what the rule is covering, ‘‘(A) CRITERIA.—The Administrator shall starting out a firm, to providing train- and then it has the provision to inform develop and publish criteria for the consider- ing and counseling, support for mar- Congress, the appropriate committees, ation and approval of applications by non- keting services, information about as to what they have done over pre- profit organizations under this subsection. Government procurement, so many of vious years. ‘‘(B) NOTIFICATION.—Not later than 60 days the issues that have already been ad- This makes a lot of good sense. I after the date of the deadline to submit ap- dressed on the floor. plications for each fiscal year, the Adminis- commend the Senator from Maine and trator shall approve or deny any application What this amendment does is to sim- the Senator from Wyoming, and my under this subsection and notify the appli- ply ensure that those high-performing colleague, Senator KERRY, who has cant for each such application. Women’s Business Centers that have been involved in this effort, and Sen- ‘‘(4) AWARD OF GRANTS.— continued to serve a strong, important

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S882 CONGRESSIONAL RECORD — SENATE January 23, 2007 clientele and have supported entrepre- I ask unanimous consent that the the wealthy and the powerful. They neurship and investment in their com- pending amendment be laid aside for don’t have high-paid lobbyists in Wash- munity continue to be eligible for that purpose. ington advocating for them. No, these funding. The ACTING PRESIDENT pro tem- people are Americans who lead quiet, Under the current restrictions, some pore. Without objection, it is so or- triumphant lives of struggle and sac- of those centers, after 5 years of sus- dered. rifice, overcoming hardships and set- tainability grants, lose the opportunity Mr. KYL. Mr. President, I send to the backs every day. They do hard work, for additional funding. My amendment desk an amendment that deals with ex- very hard work, such as the waitresses would create a new program within the tending some current provisions and we see every day carrying heavy trays, WBC program that allows those centers adding additional provisions to assist on their feet hour after hour, as they to apply for a 3-year continuation of small businesses to pay for a minimum dream of a better life for themselves Federal funding, provided they con- wage increase, should one be adopted. I and for their children. And at the end tinue to meet high standards, serve will speak to this later. I appreciate of a long day, these Americans return their clients effectively, and attract others allowing me to lay it down. to work and go home at the end of a sources of funding from the commu- The ACTING PRESIDENT pro tem- long day often exhausted, often work- nity. pore. The clerk will report. ing not one job but two jobs or three, I think it is a reasonable approach, The bill clerk read as follows: and the dignity of their labor gives one that makes sense. Look at the The Senator from Arizona [Mr. KYL] pro- meaning to their lives. We know, and great example that has been set in poses an amendment numbered 115 to amend- they would tell us that if they were Portsmouth. With the limited amount ment No. 100. standing here today next to me. So of Federal funding and other commu- Mr. KYL. Mr. President, I ask unani- that work they do gives meaning to nity resources, in the past year, it has mous consent that the reading of the their lives without a doubt. served over 1,300 individual entre- amendment be dispensed with. But no one, no matter how hard they preneurs. That, as we like to say in The ACTING PRESIDENT pro tem- work, can keep pace with the ava- Washington, is real leverage, real per- pore. Without objection, it is so or- lanche of cost increases we have seen formance. dered. over the last 10 years. Let me take my This does not require additional The amendment is as follows: colleagues through a couple of those funding. It is a straightforward way to cost increases. (Purpose: To extend through December 31, Since 1997, congressional pay has in- ensure that an important need con- 2008, the depreciation treatment of lease- tinues to be met and that this bill has hold, restaurant, and retail space improve- creased 24 percent, about $31,000. This the appropriate balance and support for ments) has occurred while the value of the the small business community. On page 4, line 21, strike ‘‘April 1, 2008’’ and minimum wage has been eroded by 20 I commend the work of the Senator insert ‘‘January 1, 2009’’. percent. from Maine, for her work on small On page 6, lines 5 and 6, strike ‘‘April 1, Let me say that again: Congressional business generally within the Small 2008’’ and insert ‘‘January 1, 2009’’. pay up 24 percent, the value of the min- Business Committee. This is something The ACTING PRESIDENT pro tem- imum wage down 20 percent. We cannot say that enough. The cost of living is they have tried to address before and pore. The Senator from Pennsylvania. up 26 percent, the cost of food up 23 the Senate has supported in the past. I Mr. CASEY. Mr. President, I rise percent, the cost of housing up 29 per- hope it is something that will continue today in support of H.R. 2 which, as we cent, the cost of gasoline up over 130 to receive bipartisan support. know, will increase the minimum wage I yield the floor. from $5.15 an hour to $7.25 an hour. I percent, the cost of health care up 43 The ACTING PRESIDENT pro tem- thank my colleague, Senator KENNEDY, percent. Families who are listening to pore. The Senator from Massachusetts. and the bipartisan work that went into this today know this. The average pre- Mr. KENNEDY. Mr. President, with developing this issue. mium for a family of four costs over regard to the amendment of the Sen- I speak today of an issue which I be- $10,000, almost $11,000, which is more ator from New Hampshire, it seems by lieve is one of economic justice. Those than a minimum wage worker earns in both the explanation and a first look, earning the minimum wage have not a year. The cost of raising a child since 1997 this is something that will be very use- had an increase in 10 years. We should has increased 52 percent; the cost of ful and valuable. If the Senator will ask ourselves today not only about the educating those children has risen 61 work with us—I am not prepared, at information in the bill and the data, as percent; the cost of heating a home has this time, to recommend the amend- important as that is, we should ask increased by 120 percent. ment, but we will work on it with him ourselves who are these Americans who What we are talking about here is an and indicate what our position is in the have not had an increase in 10 long issue, indeed, of economic justice. very near future. But it certainly years? Raising the Federal minimum wage seems, trying to give some focus and Most, of course, we know are adults will give our workers more than $4,000 attention to small businesses that are working full time. In fact, in my home per year. Let’s consider what that initiated by women, to make a good State of Pennsylvania, 71 percent of could buy for a family in America. You deal of sense, and it is subject to an au- the workers whose wages would be can buy almost 2 years of childcare thorization, so there is no point of raised directly by an increase in the with over $4,000, full tuition at a com- order. minimum wage are adults ages 20 and munity college, 2 years of health care, The ACTING PRESIDENT pro tem- older. 1 year of groceries, 11⁄2 years of heat pore. The Senator from New Hamp- Also, these Americans in many cases and electricity, and 8 months of rent. shire. are women. Sixty percent of those who That is how we affect, in a positive Mr. SUNUNU. Mr. President, I thank would be affected by an increase in the way, people’s lives, the lives of hard- the chairman for his comments. Obvi- minimum wage are women, working working men and women in America ously, I just called up the amendment. every day to make ends meet, to sup- today. I don’t expect him to endorse it whole- port their children. In fact, if the min- Those who argue against an increase heartedly. I think he will find he has imum wage is raised, 6 million children in the minimum wage will say that an supported it in the past and many in will benefit. increase will hurt small business and/or the Chamber have supported it in the Recently, the Children’s Defense the economy. I do not agree with that past and it is worthy of our consider- Fund reported that a single parent because if you look at the data, when ation. working full time at the current min- the minimum wage was increased in The ACTING PRESIDENT pro tem- imum wage of $5.15 an hour earns 1997, what happened in the aftermath? pore. The Senator from Arizona. enough to cover only 40 percent—just Millions and millions of jobs were cre- AMENDMENT NO. 115 TO AMENDMENT NO. 100 40 percent—of the cost of raising chil- ated and raising the minimum wage did Mr. KYL. Mr. President, I seek rec- dren. not slow that down one iota. ognition for the purpose of laying down Those who earn the minimum wage Recently, over 650 economists issued an amendment and not speaking to it. are not people who are connected to a statement calling for an increase in

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S883 the minimum wage. We do not have The ACTING PRESIDENT pro tem- have attempted to mitigate any nega- time today to go through that, but it is pore. The Senator from Iowa. tive effects by limiting the size of the an important statement from leading Mr. GRASSLEY. Mr. President, I minimum wage increase, providing tax economists in America. With an in- want to address two aspects of this leg- credits to employers who hire at-risk crease in minimum wage, employers islation because they are necessarily workers, and providing tax or regu- will get a lot in return: higher produc- connected. One is, obviously, the in- latory relief to business generally, par- tivity they will get with an increase in crease in the minimum wage. The ticularly small businesses. the minimum wage; lower turnover; other one is the small business tax pro- However, additional research in re- and, of course, increased worker mo- visions that have come out of the com- cent years has cast some doubt on the rale. mittee Senator BAUCUS chairs and on effectiveness of these previous efforts. Mr. President, you know as well as I which I am the ranking member, the First, research suggests raising the do that more than 28 States now have Finance Committee. I want to deal minimum wage does not reduce pov- increased the minimum wage, includ- with the minimum wage part of this erty among minimum wage earners. In- ing my home State of Pennsylvania. In issue first. stead, it most likely increases poverty. July of this year it will increase to Popular support for raising the min- Second, legislative action by various $7.15 an hour, as a result of State legis- imum wage is based on a number of States to adopt their own higher min- lation. That should not have had to widely held beliefs: First, that no one imum wage has led to significant dif- take place. The Federal Government can support a family at $5.15 an hour; ferences within our 50 States. long ago—we are years overdue on second, minimum wage earners will not Third, research shows that the this—should have taken the responsi- get a pay raise unless Congress gives earned income tax credit could provide bility for increasing the minimum them one; and third, raising the min- a cost-effective way to help poorest wage, but that did not happen here in imum wage helps millions of poor workers and be more effective than Washington. There were other prior- workers and hurts no one. even increasing the minimum wage. ities, other interests, more powerful in- Unfortunately, these popular beliefs I am pleased that over the last few terests that took precedence. are in some cases misleading and in years we have enhanced the earned in- More than 400,000 Pennsylvanians some cases outright wrong. First, min- come credit for many families by mak- will be affected positively by an in- imum wage earners are not trying to ing the child tax credit refundable. That is through the work of the Senate crease in the minimum wage. I am support a family—or you might argue a Finance Committee. thinking of them today as I am of fam- small percentage of them are trying to Before I go on to my next point I ilies across America who will be af- support a family, but I want to say why fected positively by an increase in the would say parenthetically there are most are not. Those who are, of course, studies that have been updated quite minimum wage. Yes, I do believe that can get additional benefits through small businesses across Pennsylvania frequently over the last 20 or 25 years, Government programs to supplement where economists have followed people and America do need help. However, in family income; thus, no one has to rely my judgment, based upon the people to in quintiles: the lowest, the second, solely on the minimum wage to sup- you know, for five quintiles from the whom I have spoken in my State, the port a family. No. 1 priority or the No. 1 burden faced lowest income up to the highest in- Second, minimum wage jobs are gen- come. Following people over a period of by small business owners, men or erally entry level jobs. Most workers women, is the cost, the crushing cost of years, they have been able to study the who start at the minimum wage quick- mobility of the American worker. In health care. We need to deliver health ly earn more. Few workers remain care relief to those small businesses, other words, once you are in the work- stuck at the minimum wage for very force, most people work themselves up and that as well is long overdue, be- long and, unfortunately, those who do cause those small business owners and the economic ladder—some way up, are most at risk of losing their jobs some part way up. But we find that their workers deserve the same kind of from a minimum wage increase. economic justice I talked about today. only about 2 percent of our population Third, the benefits of a minimum seems to be stuck in the lowest quin- I fervently urge support for this leg- wage increase do not go exclusively to islation, and I appreciate this time. tile of income for long periods of poor families. Only 15 percent of the I yield the floor. time—a very small percentage. But The ACTING PRESIDENT pro tem- proposed minimum wage increase other people go from the second quin- pore. The Senator from Massachusetts. would go to those living below the pov- tile—from the first to the second to the Mr. KENNEDY. Mr. President, I erty level, as an example. Increasing third, and we also find that there is a thank my friend from Pennsylvania for the minimum wage would result in larger percentage of our population speaking in favor of this minimum higher prices for consumers of min- that moves up from the lower two wage amendment. This was an issue, I imum wage products, higher unemploy- quintiles into the third or the fourth know, out in the State of Pennsylvania ment among the least skilled minimum quintiles—a lot more rapidly and with during the course of the campaign. wage workers—and that particularly a lot more mobility than we find people Senator CASEY was resolute in his com- affects minority groups within our moving from the fourth to the top. mitment to the working families in his country—increased poverty among While there are some people moving State and I am very grateful for his minimum wage families, and in some down from the highest to a lower quin- comments and strong support for this cases it could be a combination of tile, history proves the mobility of the issue. these three things I mentioned. workforce in America is very much up- As I understand it, we expect Senator Much of the popular support for the ward. GRASSLEY is going to speak to the Sen- minimum wage is based on a fallacy, Despite some serious policy concerns, ate, and my friend and colleague from that the Government can help the poor public support for increasing the min- Hawaii, Senator AKAKA, is going to ad- without hurting anyone else. But if the imum wage remains strong. That is dress the Senate. We are working out Government can increase wages with why the Senate is taking up a min- the consent agreement for the time for no ill effects, then why stop at $7.25, as imum wage increase. The political re- the vote. It had initially been set ten- is currently proposed? Why not make it ality is a majority of Senators support tatively for noontime. Now, I want to $10.25? Why not make it $20.25, or even a minimum wage increase. tell our colleagues, it is going to be more? The fact is, this does have lim- So a lot of economists would make after the caucuses. We are working out ited impact and it does have some neg- an argument that you should not have the final time and we will make that ative consequences, so that is why any increase in the minimum wage at announcement in a very few moments. these occasional increases are justified. all and that the mistakes, going back But for the information of our col- Popular support for increasing the to the 1930s, were mistakes; that you leagues, and their schedules, we will minimum wage is tempered by the fact should not interfere with the market- not be voting prior to the caucuses. We that virtually everyone agrees that place. But Congress has decided for 70 will be voting after the caucuses and there is some level at which the min- years to do that. We are in the process we will be more precise in a very short imum wage would produce obvious neg- for doing it. Regardless of the eco- period of time. ative effects. In the past, policymakers nomic arguments, as long as this is a

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S884 CONGRESSIONAL RECORD — SENATE January 23, 2007 political issue, without a doubt, from dent who signed an increase in the to prove it. It is not something new time to time it is going to be raised minimum wage bill years ago, will rec- that is coming up with Baucus and and I suppose you could make an argu- ognize both parts of the package. If my Grassley. We have plowed this ground ment that, as long as it is political it friends on the other side review the before. This is well-known common ought to be raised, or else you should statement made by President Clinton, ground. not even have a minimum wage. they will see that he saw merit in I referred to President Clinton in a Now I would go to the tax incentive small business tax relief. signing ceremony about 10 years ago. portions we hope stay in this bill when Our Committee on Finance chair- That legislation was founded on a it goes to the other body. Tax incen- man, Senator BAUCUS, recognizes the small business tax relief package twice tives targeted to small business and linkage. I told him Republicans will in- this size. I emphasize it was twice the other businesses impacted by a min- sist on a small business tax relief pack- size of what people are complaining imum wage increase have been linked age. He, in his cooperative way, as I about now that we are presenting to to the minimum wage legislation. We hope I have been cooperative with him the Senate. It was supported at that have done this in the past decade. in the past, has heard us. Some in his time by many seeking cloture on the Democrats have at times joined Repub- caucus, their labor union friends and bill that is before the Senate. licans supporting this language. sympathetic ears of the east coast President Clinton singled out the I would quote from two former chair- media, attacked Senator BAUCUS— work opportunity tax credit and the men on this committee in their open- which I don’t understand—for recog- depreciation proposals in his remarks. ing remarks on the conference agree- nizing a basic reality, as Senator Moy- My friend, Senator KENNEDY, attended ment on the last piece of legislation nihan and Senator Roth worked to- the signing ceremony and was recog- that went through this body to raise gether a decade ago to do, to see that nized by President Clinton for the the minimum wage. Senator Roth, there is some negative impact on small great product they brought to Presi- then the chairman of the committee, business from an increase in the min- dent Clinton. And John Sweeney was described taxes as the sand that grinds imum wage so you ought to offset that recognized, the head of the AFL–CIO. the gears of small business. So he saw with some benefit to small business I ask unanimous consent the remarks merit in small business tax relief as a through the tax portions of the legisla- be printed in the RECORD. separate matter. Senator Roth went on tion. There being no objection, the mate- to say: Those folks who are criticizing Sen- rial was ordered to be printed in the [We will] proceed to the legislation on the ator BAUCUS don’t have the responsi- RECORD, as follows: minimum wage and small business taxes. bility to find the middle ground and THE WHITE HOUSE, We’re anxious to move ahead on the small evidently think we can get a bill OFFICE OF THE PRESS SECRETARY, business tax legislation. through the Senate that can get the August 20, 1996. Senator Moynihan, who at times was votes without finding the middle REMARKS BY THE PRESIDENT AT SIGNING OF chairman of the committee and at ground. It can’t be done. THE SMALL BUSINESS JOB PROTECTION ACT times the ranking Democrat, said, at Now, if I were chairman—and I am OF 1996 the same time Senator Roth was not chairman, and I am not crying The President: Thank you very much. speaking: about that—I would have tilted this Cathy, it may be your birthday, but I would My distinguished chairman, as always, has package a little bit more toward the say that everybody feels that you have given so stated the facts. But there is a small se- depreciation incentive and less toward us a great gift today by reminding us about mantic issue here. Some call this a small the work opportunity tax credits. The what this is all about. And we wish you and business relief act; others on this side call it your fine children well. And I don’t think reality is, Republicans don’t have a being in the band will hurt them a bit. I’m the minimum wage bill. But we will not re- majority on the Committee on Finance solve that tonight, nor need we. glad you’re going to do that. (Laughter.) or in the full Senate, so chairman BAU- I want to thank the members of our admin- Now, the next time the Senate deals CUS has struck a balance between ma- istration who are here—Secretary Reich, with this, about 8 or 9 years since we jority Democrats and minority Repub- Small Business Administrator Phil Lader last dealt with it, it is still the same licans. and others. I want to thank all the members issue. Senators Roth and Moynihan I will assist Senator BAUCUS in de- of Congress who are here, especially Senator were right then, and if they were still fending the tax relief package that Kennedy who, himself, probably broke the living today, I would tell them they are goes for the offsets and the revenue- wage in hour laws by working so hard to pass right now. this bill. If we’d been paying him by the hour losing provisions. We should not dis- we’d be underpaying him in the last year. To different groups of Senators, these turb the core structure of this package. Thank you very much. (Applause.) topics carry their own benefits or bur- I am hopeful, however, that we will im- There are a lot of people who worked hard dens. Many on my side don’t like the prove the package by enhancing the on this bill who aren’t here—Senator idea of second-guessing the labor mar- package on the depreciation side, as Daschle, Congressman Gephardt, Congress- ket with a federally mandated min- Senator KYL has suggested. It is impor- man Bonior, Congressman Clay, in particular imum wage. I pointed out some of the tant these incentives coincide with the did. I want to join with others and thank the related issues that should give us time when the minimum wage increase countless labor unions who have championed pause, arguments put forth by econo- this bill, led by the truly tireless John will take effect. In seeking this objec- Sweeney. (Applause.) mists when considering this legisla- tive we will need to find appropriate I’d like to remind the American people of tion, that it is not all positive. offsets, obviously. There may be other something, because sometimes our unions Many on the Democratic side want a improvements. are criticized for looking out for their mem- straight minimum wage hike and The bottom line is the Committee on bers too much. There are very few unions in refuse to consider the burden that pol- Finance package is a well-known set of America that have minimum wage workers. icy puts on employers and workers. small business tax relief measures, Most of these unions did this because they Those Members do not want any link- things we have done before—extending, thought it was the right thing to do. They age between the minimum wage policy spent their time and their money and their mostly. These proposals have merit by energy trying to help other people who do and small business tax relief. As Sen- themselves, but a minimum wage in- not belong to their organization, and I thank ator Moynihan said, however, we don’t crease is not likely to pass the Senate you for that. (Applause.) have to agree now whether the upcom- without them. I hope everyone under- I’d like to thank the religious groups, the ing legislation will be a minimum wage stands that. economists, the business people who have or a small business tax relief bill. As many know, I am a working fam- made this their cause of concern. Again, I Some, mostly Democrats, will call it ily farmer. For farmers, fields look fa- thank the members, including members of a minimum wage bill. Some, mostly miliar because we work our fields every both parties, who supported this legislation. Republicans, will call it a small busi- year. This linkage, then, to put a com- I’ll say more in a moment about the rest of the bill, but let me just begin by saying this ness tax relief bill. Still others will call monsense touch on it, is that the link- is a truly remarkable piece of legislation. It it both a minimum wage and small age between minimum wage and small is pro-work, pro-business and pro-family; it business tax relief bill. President Bush, business relief is a familiar feel. I can raises the minimum wage; it helps small like President Clinton, the last Presi- quote Roth and Moynihan ad infinitum businesses in a number of ways that I will

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S885 explain in a moment, including retirement Let me tell you about them. Seventy percent his employees. Today, he has told us he’s and incentive to invest; and it promotes of them are adults, six of 10 are working making good on that pledge. I’d like him to adoption in two very sweeping ways that women, and for them, work is about more stand up, and say I predict that thousands have long needed to be done in the United than a paycheck, it’s about pride. They want more will follow Shawn’s lead. Thank you, States. This is a cause for celebration for all a wage they can raise their families on. By Shawn. Please stand up. Let’s give him a Americans of all parties, all walks of life, all raising the minimum wage by 90 cents, this hand. God bless you, sir. Thank you. (Ap- faiths. This bill represents the very best in bill, over two years, will give those families plause.) our country. an additional $1,800 a year in income— I’d also like to say a special word of thanks It will give 10 million Americans, as Cathy enough to buy seven months of groceries, to our SBA Administrator, Phil Lader, and said, a chance to raise stronger families and several months of rent, or child care. Or, as to the White House Conference on Small build better futures. By coming together Cathy said, to pay all of the bills from the Business. When the White House Conference across lines that have too often divided us utilities in the same month. on Small Business met, they said one of and finding common ground, we have made For many, this bill will make the dif- their top priorities was increasing the avail- this a real season of achievement for the peo- ference between their ability to keep their ability and the security of pensions for small ple of America. families together and their failure to do so. business owners in America. This is a good At its heart, this bill does reaffirm our These people reflect America’s values, and thing. It is also pro-work, pro-family and most profoundly American values—offering it’s a lot harder for them than it is for most pro-business. opportunity to all, demanding responsibility of us to go around living what they say they Finally, this bill does something else that from all, and coming together as a commu- believe in. It’s about time they got a reward is especially important to me and to Hil- nity to do the right thing. This bill says to and, today, they’ll get it. (Applause.) lary—and I’m glad she’s here with us today. the working people of America: If you’re I would also like to say a very special word It breaks down the financial and bureau- willing to take responsibility and go to of thanks to the business owners, especially cratic barriers to adoption, giving more chil- work, your work will be honored. We’re the small business owners who supported dren what every child needs and deserves— going to honor your commitment to your this bill. Many of the minimum wage em- loving parents and a strong, stable home. family, we’re going to recognize that $4.25 an ployers I talk to wanted to pay their employ- (Applause.) hour is not enough to raise a family. ees more than $4.25 an hour and would be Two weeks ago, we had a celebration for It’s harder and harder to raise children happy to do so as long as they can do it with- the American athletes who made us so proud today and harder and harder for people to out hurting their businesses, and that means in Atlanta at the Centennial Olympics. Mil- succeed at home and at work. And I have their competitors have to do the same thing. lions of Americans now know that one of said repeatedly, over and over again to the This bill will allow them to complete and them—the Decathlon Gold medalist, Dan American people: We must not force our win, to have happier, more productive em- O’Brien—speaks movingly about having been families to make a choice. Most parents have ployees, and to know they’re doing the right an adopted child and how much the support to work. We have a national interest in see- thing. For all of those small businesses, I am of his family meant in his life. Right now, ing that our people can succeed at home very, very appreciative. (Applause.) there are tens of thousands of children wait- where it counts the most in raising their I would also like to say that this bill does ing for the kind of family that helped to children, and succeed at work so they’ll have a remarkable number of things for small make Dan O’Brien an Olympic champion. At enough income to be able to succeed at businesses. In each of the last three years, the same time, there are thousands of middle home. We must do both, and this bill helps our nation has set a new record in each suc- class families that want to bring children us achieve that goal. (Applause.) ceeding year in the number of new businesses into their homes but cannot afford it. We’re These 10 million Americans will become stated. And we know that most of the new offering a $5,000 tax credit to help bring them part of America’s economic success story. A jobs in America are being created by small- together. It gives even more help to families success story that in the last four years has and medium-sized businesses. In 1993, I pro- that will adopt children with disabilities or led us to 900,000 new construction jobs; a posed a $15,000 increase in the amount of cap- take in two siblings, rather than seeing them record number of new businesses started, in- ital a small business can expense, to spark split up. cluding those owned by women and minori- the kind of investment that they need to cre- And, lastly, this bill ends the long-stand- ties; a deficit that is the smallest it’s been ate jobs. Well, in 1993 we only won half that ing bias against interracial adoption which since 1981, and 60 percent less than it was increase, but today I’ll get to sign the second has too often meant an endless, needless when I took office; 10 million new jobs; 12 half into law, and I thank the Congress for wait for America’s children. (Applause.) million American families who have been passing that, as well. (Applause.) You know, as much as we talk about able to take advantage of Family and Med- As the Vice President said, this bill also strong, loving families, it’s not every day ical Leave; almost 4.5 million new home- includes a Work Opportunity Tax Credit to that we here in Washington get to enact a owners and 10 million other Americans who provide jobs for the most economically dis- law that literally creates them or helps them refinanced their homes at lower mortgage advantaged working Americans, including stay together. This is such a day. Although rates. And, most importantly of all, perhaps, people who want to move from welfare to he can’t be with us today, I also want to real hourly wages, which fell for a decade, work. Now, there will be a tightly drawn eco- thank Dave Thomas, himself adopted, who have finally begun to rise again. America is nomic incentive for people to hire those went on to found Wendy’s and do so much for on the move. (Applause.) folks and give them a chance to enter the our country. Perhaps more than any other But our challenge, my fellow Americans, is workforce, as well. It extends the research American citizen, he has made these adop- to make sure that every American can reap tax credit to help businesses stay competi- tion provisions possible, and we thank him. the rewards of a growing economy, every tive in the global economy. It extends a tax Lastly, I’d like to point out that we do American has the tools to make the most of incentive for businesses to train and educate have some significant number of adoptive his or her own life, to build those strong their employees. That’s good news for people families here with us today, including some families and to succeed at home and at work. who need those skills, and it’s good news for who are on the stage. And so I’d just like to As the Vice President said, the first step was America because we have to have the best acknowledge the Weeks (ph.) family, the taken in 1993 with the passage of the Family educated workforce in the world in the 21st Wolfington (ph.) family, the Outlaw (ph.) and Medical Leave Law and with the Earned century. family, the Fitzwater (ph.) family, and ask Income Tax Credit, which cut taxes for 15 This legislation does even more to them and anyone else here from the adoptive million working families. Today, that earned strengthen small business by strengthening family community to stand up who’d like to income tax credit is worth about $1,000 to a the families that make them up. It helps stand. We’d like to recognize you and thank family of four with an income under $28,000 a millions of more Americans to save for their you for being here. Thank you all for being year. own retirement. It makes it much easier for here. Thank you. (Applause.) Well, today, we complete the second half of small businesses to offer pension plans by Beside me, or in front of me now, is the that effort. Together with our tax cut for creating a new small business 401(k) plan. It desk used by Frances Perkins—Franklin working families, this bill ensures that a also lets more Americans keep their pen- Roosevelt’s labor secretary and the very first parent working full-time at the minimum sions when they change jobs without having woman ever to serve in the Cabinet. She was wage can lift himself or herself and their to wait a year before they can start saving at one of our greatest labor secretaries. It was children out of poverty. Nobody who works their new jobs. As many as 10 million Ameri- from her desk that many of America’s pio- full-time with kids in the home should be in cans without pensions today could now earn neering wage, hour and workplace laws origi- poverty. If we want to really revolutionize them as a result of this bill. nated—including the very first 25 cent an America’s welfare system and move people I’m delighted we are joined today, among hour minimum wage signed into law by from welfare to work and reward work, that others, by Shawn Marcell, the CEO of Prima President Roosevelt in 1938. is the first, ultimate test we all have to Facie, a fast-growing video monitoring com- Secretary Perkins understood that a living meet. If you get up every day and you go to pany in Pennsylvania, which now has just 17 wage was about more than feeding a family work, and you put in your time and you have employees—but that’s a lot more than he or shelter from a storm. A living wage makes kids in your home, you and your children started with. He stood with me in April and it possible to participate in what she called will not be in poverty. (Applause.) promised that if we kept our word and made the culture of community—to take part in We have some hard working minimum pensions easier and cheaper for small busi- the family, the community, the religious life wage people here today supporting Cathy. nesses like his, he’d give pensions to all of we all cherish. Confident in our ability to

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S886 CONGRESSIONAL RECORD — SENATE January 23, 2007 provide for ourselves and for our children, se- business. Why should we chortle over a welfare clause. The general welfare cure in the knowledge that hard work does little thing such as increasing the min- clause was written into the Constitu- pay. A minimum wage increase, portable imum wage or having a tax provision tion for those very purposes. health care, pension security, welfare to in it? The fact is, this country has rejected work opportunities—that’s a plan that’s put- the law of the jungle as it applies to ting America on the right track. The PRESIDING OFFICER (Mr. Now, we have to press forward, giving tax CASEY). The Senator from Massachu- economic conditions for workers. In cuts for education and child-rearing and setts. my State of Massachusetts, we had in- child care, buying a first home, finishing Mr. KENNEDY. Mr. President, I ask dividuals at the turn of the last cen- that job of balancing the budget without vio- unanimous consent that at 2:45 today tury, children, 10, 11, 12 years old, who lating our obligations to our parents and our the Senate proceed to a vote on or in were working 12, 15 hours a day, 61⁄2 children and the disabled and health care, to relation to Snowe amendment No. 103, days a week. We had the exploitation education and the environment and to our as modified, with time from 2:15 to 2:45 of children, of women, the exploitation future. That’s a plan that will keep America equally divided and controlled in the of workers. We, as a country and a so- on the right track, building strong families ciety, have recognized that we can be and strong futures by working together. usual form, with no second-degree For everyone here who played a role in this amendments in order prior to the vote. the strongest economy in the world happy day, I thank you, America thanks The PRESIDING OFFICER. Without and treat people with respect and dig- you, and our country is better because of objection, it is so ordered. nity. That is why the members of Let your endeavors. God bless you. Thank you. APPOINTMENT OF COMMITTEE TO ESCORT THE Justice Roll, an extraordinary number (Applause.) PRESIDENT OF THE UNITED STATES of religious leaders representing a wide (The bill is signed.) (Applause.) Mr. KENNEDY. I ask unanimous con- group of churches, talk about what the Mr. GRASSLEY. President Clinton sent that the Presiding Officer of the Scriptures say about poverty in their said in the signing ceremony: Senate be authorized to appoint a com- letter. I want to thank all the Members of Con- mittee on the part of the Senate to join I ask unanimous consent to print the gress who are here, especially Senator KEN- with a like committee on the part of letter in the RECORD. NEDY who, himself, probably broke the wage the House to escort the President of There being no objection, the mate- in hour laws by working so hard to pass this rial was ordered to be printed in the bill. the United States into the House Chamber for the joint session to be RECORD, as follows: And then in another place: held at 9 p.m. Tuesday. JANUARY 5, 2007. There are a lot of people who worked hard The PRESIDING OFFICER. Without DEAR MEMBERS OF CONGRESS, We, the un- dersigned religious leaders, in partnership on this bill who aren’t here—Senator objection, it is so ordered. Daschle, Congressman Gephardt— with the Let Justice Roll Living Wage Cam- Mr. KENNEDY. Mr. President, I see paign, call on the 110th Congress to raise the He went on to name other Members— my friend and colleague from Hawaii minimum wage! Let Justice Roll is a non- led by truly tireless John Sweeney. wishes to address the Senate on morn- partisan coalition of more than 80 faith, And there was applause. Now, some ing business time. community and labor organizations working of the same people are objecting to The PRESIDING OFFICER. The Sen- to raise the minimum wage at the state and what we are doing now. ator from Hawaii. federal level. In 2006, we played a major role Another quote: Mr. AKAKA. Mr. President, I ask in increasing the minimum wage throughout the country at the state level. I would also like a very special word of unanimous consent to speak for 10 min- We strongly support the Miller/Kennedy thanks to the business owners, especially the utes as if in morning business. bill that increases the minimum wage from small business owners who supported this The PRESIDING OFFICER. Without $5.15 to $7.25 an hour. Furthermore, we bill. Many of the minimum wage employers objection, it is so ordered. strongly oppose any attempts to add provi- I talked to wanted to pay their employees (The remarks of Mr. AKAKA and Mr. sions to the bill. We urge you to vote for this more than $4.25 an hour and would be happy KENNEDY are printed in today’s RECORD clean minimum wage bill. to do so as long as they can do it without under ‘‘Morning Business.’’) The Prophet Amos proclaims, ‘‘Let justice hurting their businesses, and that means roll down like waters, and righteousness like their competitors have to do the same thing. Mr. KENNEDY. Mr. President, we are an everflowing stream’’ (5:24, NRSV). We are This bill will allow them to compete and going to go into a recess in a moment. morally outraged by the number of people win, to have happier, more productive em- We will come out of the party caucuses living in poverty in the United States, and ployees, and to know they are doing the at 2:15. We are working on some addi- believe that now is the time to give hard- right thing. For all those small businesses, I tional amendments. The amendments working low-wage workers a raise and take am very, very appreciative. of the Senator from Alabama, the Ses- the first step toward a true living wage for Continuing: sions amendments, we will try to in- America’s workers. It has been nearly 10 years since the last I would also say that this bill does a re- clude, if necessary, votes on those federal increase in the minimum wage, and markable number of things for small busi- issues as well around the 2:45 hour. We low-wage workers urgently need a raise. A nesses. . . .[a]nd we know that most of the are making some progress. We have a minimum wage employee—making $5.15 an new jobs in America are being created by shorter evening tonight because of the hour, working 40 hours a week, 52 weeks a small- and medium-sized businesses. In 1993 President’s State of the Union, but we year, earns about $10,700 a year—about $6,000 I— want to move this legislation. It is not below the federal poverty line for a family of Meaning President Clinton— complicated. Everyone in this body, three. This situation is unconscionable and proposed a $15,000 increase in the amount of new Members who have arrived here, immoral, as the wealth of our nation con- capital a small business can expense, to tinues to be built on the backs of the work- understands what the increase in the ing poor. Working poor families in America spark the kind of investment that they need minimum wage is all about. It is not to create jobs. are struggling to meet the rising costs of As the Vice President said— complex. Is it not difficult. It is not health care, gasoline and housing, and $5.15 hard to understand. There is no reason Meaning at that time Mr. Gore— an hour is simply not enough. we can’t move this process quickly. If Minimum wage legislation in the past has this bill also includes a Work Opportunity it is necessary to have votes, we are stalled in Congress because of attempts to Tax Credit to provide jobs for the most eco- attach unrelated provisions such as tying nomically disadvantaged working Ameri- prepared to move along on those issues. We have listened this morning to the minimum wage to a repeal of the estate cans, including people who want to move tax, rolling back over-time protections or re- from welfare to work. Now, there will be a those who believe that raw economic ducing the minimum wage of tip workers. In tightly drawn economic incentive for people arguments ought to control the ques- addition, such provisions are harmful to the to hire those folks and give them a chance to tion of the minimum wage. We as a very workers that a minimum wage increase enter the workforce, as well. country have moved away from that. is intended to help. The strong victory on all Well, if Senators who were on the We have accepted the great traditions the minimum wage ballot initiatives is evi- stage at that time thought that the of Judeo-Christian teachings as well as dence that there is strong and widespread work opportunity tax credit was a good the underlying teachings of all the reli- support from Americans for a prompt, clean minimum wage increase at the federal level. thing to have, why isn’t it a good thing gions that talk about responsibilities We appreciate the commitment made by to have it here, to extend it? Why not? we all have for the least among us. In the leadership of the 110th Congress to ad- This is a win-win situation. There is the Constitution of the United States, dress the woefully inadequate federal min- a win for the workers, a win for small they have what is called the general imum wage. We will continue to raise our

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S887 voices on behalf of ‘‘the least of these’’ and liam L. Rhines, Jr., Harriet R. Tubman York; Rev. Ned Wight, Executive Director, proclaim that a job should keep you out of United Methodist Church, New Castle, DE; Unitarian Universalist Veatch Program at poverty, not keep you in it. The Rt. Rev. Philip M. Duncan, II, Bishop, Shelter Rock, Manhasset, NY; Rabbi Jill Ja- Signed, Rev. Dr. Paul Sherry, National Co- Diocese of the Central Gulf Coast, Pensacola, cobs, Director of Education, Jewish Funds ordinator, Let Justice Roll, Cleveland, OH, FL; Rev. John F. Stanton, Associate Priest, for Justice, New York, NY; Rev. Nelson Rev. Dr. Bob Edgar, General Secretary, Na- Trinity Episcopal Cathedral, Miami, FL; Johnson, Board Chair, Interfaith Worker tional Council of Churches, New York, NY, Rev. Charles Buck, Conference Minister, Ha- Justice, Greensboro, NC; Rev. Ginny N. The Most Rev. Katharine Jefferts Schori, waii Conf. United Church of Christ, Hono- Britt, Director, The Advocacy for the Poor, Presiding Bishop, The Episcopal Church, NY, lulu, HI; The Rt. Rev. Harry B. Bainbridge, Winston-Salem, NC; Rev. Dr. Charles R. NY, Rev. Jim Wallis, President and CEO, So- III, Bishop, Episcopal Diocese of Idaho, Traylor, Executive Presbyter, Presbytery of journers/Call to Renewal, Washington, DC, Boise, ID; Bishop Paul R. Landahl, Metro- the Northern Plains, Presbyterian Church Rev. John H. Thomas, General Minister and politan Chicago Synod, Evangelical Lu- (USA), Fargo, ND; Rt. Rev. Kenneth Price, President, United Church of Christ, Cleve- theran Church in America, Chicago, IL; The Bishop, Episcopal Diocese of Southern Ohio, land, OH, Rabbi David Saperstein, Director, Rev. Dr. Larry L. Greenfield, Executive Min- Columbus, OH; Rev. Callon Holloway, Jr., Religious Action Center of Reform Judaism, ister, American Baptist Churches of Metro Bishop for Southern Ohio Synod, ELCA, Co- Washington, DC, Rev. Dr. Roy Medley, Gen. Chicago, Chicago, IL; Megan M. Ramer, Pas- lumbus, OH. tor, Chicago Community Mennonite Church, Secretary, American Baptist Churches in the Rev. Rebecca Tollefson, Executive Direc- Chicago, IL; The Rt. Rev. Catherine USA, Valley Forge, PA. tor, Ohio Council of Churches, Columbus, Rev. Jennifer Butler, Executive Director, Waynick, Bishop of Indianapolis, IN. OH; Rev. Ron Hooker, Chair of Church in the Faith in Public Life, Washington, DC; Mary Rev. Stephen C. Gray, Conf. Minister, Indi- World Commission, Central-Southeast Asso- Ellen McNish, General Secretary, American ana-Kentucky Conference, UCC, Indianap- ciation of the Ohio Conference UCC, Colum- Friends Service Committee, Philadelphia, olis, IN; Rev. Dick Clark, Pastor, St. Timo- bus, OH; Fr. Clark Sheckelford, Rector, Em- PA; Rev. William G. Sinkford, President, thy’s United Methodist Church, Cedar Falls, manuel Episcopal, Shawnee, OK; Rev. Robin Unitarian Universalist Association, Boston, IA; Sr. Joy Peterson, PBVM, President, Sis- Meyers, Pastor, Mayflower UCC, Oklahoma MA; The Rev. Dr. James A. Forbes, Senior ters of the Presentation of BVM, Dubuque, City, OK; Rev. John M. Gantt, interim Con- Minister, The Riverside Church, New York, IA; Rev. David Hansen, Conference Minister, NY; The Rev. Clifton Kirkpatrick, Stated Kansas-Oklahoma Conference, United ference Minister, Central Pacific Conference Clerk of the Presbyterian Church USA, Lou- Church of Christ, Wichita, KS; Rev. Albert of the United Church of Christ, Portland, OR; isville, KY; Rev. Dr. Sharon E. Watkins, Gen. M. Pennybacker, Former National Chair, Norene Goplen, Director, Lutheran Advocacy Minister and President, Christian Church Clergy and Laity Network, Former Natl. Ministry of Oregon, Portland OR; Gary (Disciples of Christ); Rev. Roy Riley, Chair President, The Interfaith Alliance, Christian Straughan, President, Eastern District Exec- of the Conference of Bishops and Bishop of Church (Disciples of Christ), Lexington KY; utive Board, Moravian Church, Northern the NJ Synod ELCA, NJ; Bishop Thomas J. Sr. Margaret Stallmeyer, CDP, Thomas More Province, Bethlehem, PA; Rev. Sandra L. Gumbleton, Archdiocese of Detroit, MI; Rev. College President, Congregation of Divine Strauss, Director of Public Advocacy, Penn- Dr. Stan Hastey, Executive Director, The Al- Providence, Melbourne, KY; Rev. David F. sylvania Council of Churches, Harrisburg, liance of Baptists, Washington, DC; James E. Kniker, Kewanee, LA; Rabbi Darah R. PA; Rabbi Gail Glicksman, Dean of Stu- Winkler, General Secretary, United Meth- Lerner, Congregation Beth El, Bangor, ME; dents, Reconstructionist Rabbinical College, odist Church, Gen. Board of Church in Soci- Rev. David R. Gaewski, Conference Minister, Wyncote, PA. ety, Washington, DC; Rev. Michael Living- Maine Conference, United Church of Christ, Rev. Christopher H. Bender, Pastor, ston, President, National Council of Church- Yarmouth, ME; The Right Reverend Robert Dormition of the Theotokos Greek Orthodox es and Executive Director, ICCC, Trenton, W. Ihloff, Episcopal Bishop of Maryland. Church, Aliquippa, PA; Father Jack NJ; Rev. John L. McCullough, Executive Di- Sr. Gayle Lwanga Crumbley, National Co- O’Malley, Labor Religion Coalition of West- ordinator, National Advocacy Center of the rector, Church World Service; Charlie ern PA; Rev. John Zehring, Kingston Con- Sisters of the Good Shepherd, Silver Spring, Clements, President, Unitarian Universalist gregational Church, Kingston, RI; Rev. Peter MD; The Rev. Dr. Jim Antal, Conference Service Committee, Cambridge, MA; Rabbi E. Lanzillotta, Ph.D., Minister, The Uni- Minister and President, Massachusetts Con- Rebecca Alpert, Temple University, Phila- tarian Church in Charleston, Charleston, SC; ference, United Church of Christ, Fra- delphia, PA. Bishop Craig B. Anderson (VIII South Da- Most Reverend Gabino Zavala, Auxiliary mingham, MA; Rabbi David Lerner, Temple kota)—Retired, SD; Rev. Rebekah Jordan, Bishop, Archdiocese of Los Angeles, Los An- Emunah, Lexington, MA; Johanna Chao Executive Director, Mid-South Interfaith geles, CA; Rev. Dr. Rita Nakashima Brock, Rittenburg, Economic Justice Program Man- Network for Economic Justice, Memphis, ager, Unitarian Universalist Service Com- Director, Faith Voices for the Common TN; Dr. Nabil Bayakly, Muslims in Memphis, mittee, Cambridge, MA; Rev. Dr. Kent J. Good, Christian Church (Disciples of Christ), Memphis, TN; Rev. Janet Wolf, United Meth- Ulery, Conference Minister, Michigan Con- Oakland, CA; David A. Robinson, Executive odist Clergy, Hobson United Methodist ference United Church of Christ, East Lan- Director Pax Christi USA: National Catholic Church, Chair, Division of Church Vocations, sing MI; Lucinda Keils, Executive Director, Peace Movement, Washington, DC; Simon American Baptist College, Nashville, TN; Detroit Metropolitan Interfaith Committee Greer, President and CEO, Jewish Funds for The Reverend Jeff St. Clair, Pastor, New on Worker Issues, Detroit, MI; Rev. Peg Justice, New York, NY; Dr. Michael Hope Lutheran Church, EI Paso, TX. Chemberlin, Executive Director, Minnesota Kinnamon, Chair, Justice and Advocacy Rev. Tom VandeStadt, Pastor, Congrega- Council of Churches, Minneapolis, MN; Rev. Commission, National Council of Churches, tional Church of Austin United Church of Dr. Karen Smith Sellers, Conference Min- Christ, TX; Linda Hilton, Director, Coalition St. Louis, MO; Sr. Catherine McDonnell, OP, ister, Minnesota Conference United Church Prioress of the Dominican Sister of Hope, of Religious Communities, Salt Lake City, of Christ, Minneapolis, MN; Rev. Charlene B. UT; Kay Miller, Salt Lake City Police Dept Ossining, NY; Rev. Kim Bobo, Executive Di- Burch, Interim Conference Minister, Mis- Chaplain, All Saints Episcopal Church, Salt rector, Interfaith Worker Justice, Chicago, souri Mid-South Conference, United Church Lake City; The Rt. Rev. Neff Powell, Bishop, IL; Rev. Tom Youngblood, United Methodist, of Christ, St. Louis. MO; Rev. W. Audrey Episcopal Diocese of Southwestern Virginia, Decatur, AL; The Rt. Rev. Mark MacDonald, Hollis, Organizer, St. Louis Area Jobs With Roanoke, VA; Rev. C. Douglas Smith, Execu- Episcopal Bishop of Alaska and Navajoland, Justice, St. Louis, MO. AK; Rev. Trina Zelle, Arizona Interfaith The Rev. Randall Hyvonen, Conference tive Director, Virginia Interfaith Center for Worker Justice, Tempe, AZ; Rev. Briget Minister, Montana-Northern Wyoming Con- Public Policy, Richmond, VA; Francis X. Nicholson, Pastor, First Congregational ference, United Church of Christ, Billings, Doyle, (retired) Associate General Secretary, United Church of Christ, Tucson, AZ; Rev. MT; Rev. F. Vernon Wright, Minister, UCC, U.S. Conference of Catholic Bishops, Stephen Copley, President, Arkansas Inter- Helena, MT; Rev. Dr. Dallas Dee Brauninger, Ashburn, VA; Rev. Paul Benz, Director, Lu- faith Conference, United Methodist Church, Burwell, NE; Mr. David Lamarre-Vincent, theran Public Policy Office of Washington North Little Rock, AR; Imam Ali Siddiqui, Exec. Dir., New Hampshire Council of State Don Kelly, Co-chair, UU Voices for Corona Valley, CA. Churches, Concord, NH; The Rev. Eleanor Justice, Seattle, WA. The Rev. Dr. Rick Schlosser, Executive Di- McLaughlin, Ph.D. Rector, St. Barnabas Fr. James E. Hug, S.J, President, Center of rector, CA Council of Churches, California Episcopal Church, Berlin, NH; The Rev. Concern, Washington, DC; Rev. Marvin M. Church IMPACT, Sacramento CA; Bishop Bruce H. Davidson, Dir., Lutheran Office of Silver, United Church of Christ Justice & Allan C. Bjornberg, Rocky Mountain Synod, Governmental Ministry in NJ, Trenton, NJ; Witness Ministries, Washington, DC; Rev. ELCA, Denver, CO; Fidel ‘‘Butch’’ Montoya, Frank McCann, Director, Just Neighbors Dr. Ken Brooker Langston, Director, Disci- Minister Confianza, An Association of Latino Program, Summit, NJ; The Reverend Eliza- ples Justice Action Network, Coordinator, Ministers, Denver, CO; Sister Maureen beth Purdum, Pastor, St. Luke Lutheran Disciples Center for Public Witness, Wash- McCormack, President, The Interfaith Alli- Church, Albuquerque, NM; The Reverend Ar- ington, DC; Mr. Curtis Ramsey-Lucas, Na- ance of Colorado, Denver, CO; The Right thur Meyer, Manager, Pastoral Care Dept, tional Coordinator of Public and Social Ad- Rev. James E. Curry, Bishop Suffragan, Epis- San Juan Regional Medical Center, Farm- vocacy, National Ministries, American Bap- copal Diocese of Connecticut, Hartford, CT; ington, NM; The Rt. Rev. Jack McKelvey, tist Churches USA, Washington, DC; Rev. Rev. Dr. Davida Foy Crabtree, Conference Episcopal Bishop of Rochester, NY. Elenora Giddings Ivory, Director, Wash- Minister, Connecticut Conference, United The Rt. Rev. Catherine S. Roskam, Bishop ington Office, Presbyterian Church (USA), Church of Christ, Hartford, CT; Rev. Dr, Wil- Suffragan of the Episcopal Diocese of New Washington, DC; Rev. Romal J. Tune, CEO,

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S888 CONGRESSIONAL RECORD — SENATE January 23, 2007 Clergy Strategic Alliances, LLC, Wash- charts show, it has declined dramati- that impact the way they must run ington, DC; Alexia Kelley, Executive Direc- cally over a period of years, now at their business. As it now stands, small- tor, Catholics in Alliance for the Common $5.15, far away from what it was in the er businesses currently pay dispropor- Good, Washington DC; Rev. Ernest S. Lyght, Bishop, West Virginia Conf., United Meth- 1960s and 1970s, right through the 1980s. tionate per employee compliance costs odist Church, Charleston, WV; Rev. Lori We believe that in this country, with when compared to larger employers. Fell, Morgantown, WV; Scott Anderson, Ex- the strongest economy in the world, The average per employee cost for Fed- ecutive Director, Wisconsin Council of people who work hard 40 hours a week, eral regulatory compliance in a busi- Churches, Sun Prairie, WI; Rev. Robert 52 weeks of the year, should not have ness with less than 20 employees is 45 Chapman, Pastor, Mount of Olives Lutheran to live in poverty. An increase in the percent higher than the same cost for a Church, Rock Springs, WY. minimum wage is long overdue. Hope- business with 500 or more employees. For a complete list of signatories in forma- tion, please visit http:// fully, we will have an opportunity in So it is about $7,600 for a small busi- www.letjusticeroll.org this body to express our views on this ness to comply versus $5,200 for a big /pdfs/20070105NationalMinWageletter.pdf in the near future. business to comply. Those numbers If there are no further speakers, I stagger me—the cost for small business I am a member of NETWORK, A Catholic suggest that we recess, according to to comply with Federal rules and regu- Social Justice Lobby, and I support S. 2, the the leadership’s earlier request. lations. That doesn’t count the cost of Fair Minimum Wage Act of 2007—to increase complying with the Tax Code, which is to the minimum wage from $5.15 to 7.25. f Long overdue, this bill provides a first step a whole other range of costs. towards a dignified life for low-wage workers RECESS Cost mandates, such as a minimum in poverty. I urge you to support a ‘‘clean’’ The PRESIDING OFFICER. Under wage increase, impose significant fi- bill to raise the federal minimum wage—one the previous order, the Senate will nancial burdens on our small employ- that does not attempt to add provisions of stand in recess until 2:15 p.m. ers. We must do everything we can to any kind and instead allows it to pass as a Thereupon, at 12:25 p.m., the Senate help alleviate this burden and ensure stand-alone issue. that small businesses remain the well- Catholic Social Teaching reminds us that recessed until 2:15 p.m. and reassem- all persons are created by God, which is the bled when called to order by the Pre- run engine of our economy, and pro- basis for their dignity. In justice and to live siding Officer (Mr. CARPER). viding the kind of compliance assist- with dignity, each human person working ance called for in Senator SNOWE’s f full time should be compensated enough to amendment is one of the ways we can support him/herself and a family. It has been FAIR MINIMUM WAGE ACT OF assist small businesses in meeting the almost ten years since Congress voted to in- 2007—Continued administrative costs associated with crease the minimum wage. Currently, a min- Federal regulation. imum wage employee who works 40 hours a AMENDMENT NO. 103 I commend Senator SNOWE for her ef- week, 52 weeks in a year makes $10,700 for The PRESIDING OFFICER. Under that year. For a single parent with two chil- the previous order, there are now 30 forts on behalf of small businesses and dren, that amount is thousands of dollars minutes equally divided on amendment am proud to be a cosponsor of this leg- below the poverty line. This is unconscion- No. 103, as modified. Who yields time? islation with her. She has put in dili- able. Workers who provide security, clean The Senator from Wyoming is recog- gent efforts to hold hearings and get hotels, wash dishes and haul supplies should this into place in the committee that not have to rely on charity or government nized. Mr. ENZI. Mr. President, I yield my- she chaired, the Small Business Com- assistance to get by. The proposed minimum mittee, on which she is now the rank- wage increase to $7.25 an hour (from $5.15/hr.) self 3 minutes. ing member. would give an additional $4,368 per year to a The PRESIDING OFFICER. The Sen- full-time worker making minimum wage. ator is recognized for 3 minutes. I urge my colleagues to support this This would bring them a step closer to ob- Mr. ENZI. Mr. President, I rise today amendment that not only provides as- taining a livable wage which would provide in support of the amendment offered by sistance that reduces employer costs for a family’s basic needs: food, shelter, but also assistance that increases em- health care, clothing, education and recre- Senator SNOWE, Senator LANDRIEU, and others, to provide regulatory assist- ployer compliance. That is two goals. ation. This amendment will do both of those. The minimum wage should be increased ance to our Nation’s small businesses. without any extra provisions or tax breaks This amendment requires that when I ask for your support. in order avoid establishing such a precedent. Federal agencies issue new rules and I yield the floor and suggest the ab- Since the last minimum wage increase, con- regulations that impact small business, sence of a quorum, and I ask unani- gress has passed no fewer than five tax relief they also must issue compliance guides mous consent that the time be equally packages which have provided small busi- divided between the sides. nesses with up to $36 billion in tax breaks. for small businesses. The amendment also requires that the compliance The PRESIDING OFFICER. Without While congress has had no problem providing objection, it is so ordered. tax breaks for small businesses without con- guides be written in plain English and sidering raising the minimum wage, it seems made available in a timely manner. The clerk will call the roll. impossible for some that the minimum wage I think this is a commonsense re- The assistant legislative clerk pro- be raised without a tax break for small busi- quirement. It not only reduces the ad- ceeded to call the roll. nesses. Given the urgency of the minimum ministrative costs for small business, Mr. KENNEDY. Mr. President, I ask wage increase it is best to avoid linking it to but it also increases the level of com- unanimous consent that the order for other issues and pass it as a stand-alone the quorum call be rescinded. ‘‘clean’’ bill. pliance with such new rules and regula- The American people have spoken out on tions. I think the work opportunity tax The PRESIDING OFFICER. Without the urgency of this bill. With strong vic- credit is an example. That isn’t a pro- objection, it is so ordered. tories in all six minimum wage ballot initia- gram that a lot of small businesses Mr. KENNEDY. Mr. President, we tives this election, voters have shown con- have taken advantage of. Part of it is still anticipate a vote at 2:45 p.m. As I cern for hardworking people in poverty. Peo- because they don’t know about it, and mentioned, we are going to urge the ple who work full-time should earn enough part is they don’t know how to comply Senate to accept the amendment of- to support themselves and their families. Consequently, I call on you to act justly, and with it. They don’t have the oppor- fered by Senator SNOWE. I think it is challenge your other members to do the tunity to hire the specialists that an important contribution to small same. I urge you to quickly pass the min- might be needed to understand it or to businesses and their understanding of imum wage bill with no extra add-on provi- do the recordkeeping on it. So they the kinds of rules and regulations that sions as it comes up this January. don’t take advantage of it to the level have been out there and do it in ways Mr. KENNEDY. They mention Mat- they could. It is a provision in the tax that are understandable and in a time- thew’s great teachings. The questioner bill that could make quite a difference ly way and to ensure that the relevant says: When did I fail to treat you well? to small employers. committee is going to find out how And the Lord says: When you failed to Many small employers simply lack that is being implemented. We are cer- treat the least of these among us. the resources, the outside consultants, tainly in strong support of that con- We are talking about a minimum the experts necessary to continually cept and idea. I commend those who wage, not an optimum wage. As the advise them of changes in Federal rules have been involved in it.

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S889 We are going to vote at 2:45. We have imum wage increase, they have lost ef- We didn’t hesitate. We were around amendments that are related to the Fi- fectively 20 percent of their purchasing here to provide tax benefits to small nance Committee. I talked with Sen- power, and they are working in tough businesses and large corporations. ator BAUCUS during the noon hour. His and difficult jobs. These are men and Where were the voices to say let’s give staff is working on some that have women of great pride and dignity. They the minimum wage workers a little been offered by Senator SESSIONS, and do hard, difficult, trying work, and boost? we are in the process of trying to work they do it to the best of their ability. Now, all of a sudden, we are trying to with the Senator to see what progress They deserve to have a raise. get minimum wage workers a little can be made, and the Finance Com- I don’t think any of us in this coun- boost, and everybody is running around mittee staff, as well as Senator BAU- try thought the minimum wage would to get an increase in tax provisions. CUS, is attentive to those issues. be a permanent wage for millions of Fair is fair, Mr. President; fair is fair. Senator ROBERTS has an amendment Americans, and yet, nonetheless, if one We have seen what has happened in dealing with childcare and small busi- looks at the figures, effectively 40 per- productivity. Over the last 10 years— ness. It was a subject matter he talked cent of those earning the minimum here are the statistics from the Bureau about during our hearing in the Health, wage were earning the minimum wage of Labor Statistics—profits are up 45 Education, Labor, and Pensions Com- 4 years ago. That they have been able percent, productivity is up 29 percent, mittee. He will come over to the floor to make ends meet over this amount of and the minimum wage is down 20 per- now and address the Senate about that time is extraordinary, particularly cent. These minimum wage workers issue. We have been trying to work when they have members of their fam- haven’t even had the opportunity to with him. We think most of us have ily to look after. get an increase in their salaries in been strong supporters in terms of This country has said if one works spite of the fact that we have seen a hard 40 hours a week, 52 weeks of the childcare. Senator DODD has been a real increase in productivity. Histori- year, one shouldn’t have to live in pov- real leader with Senator HATCH in the cally, when we saw an increase in pro- erty in the richest nation in the world. past with the block grant childcare ductivity, that was reflected in an in- That is an issue of fairness. It is a program. crease in the minimum wage. That was We have a childcare program that is moral issue. As we demonstrated earlier, the all true in the 1960s, 1970s, up to the also tied in with the Social Security Members of the great face of this coun- 1980s. As productivity increased, so did program, and we have a very effective try have all spoken about the morality the minimum wage increase over a childcare program in the military of this issue. It is part of our Constitu- considerable period of time, but not in which receives awards. It is very close, tion that talks about the general wel- the last few years. actually, to the bill that was initially fare, how are we going to treat each As I have pointed out, a recent Gal- introduced by Senator DODD a number other. It is as old as the Mayflower lup Poll found that 86 percent of small of years ago. Compact. In my State of Massachu- business owners do not think the min- We will have a chance to consider setts, before landing, the Pilgrims imum wage affects their businesses. those amendments in a short period of gathered together near Provincetown. Three out of four small businesses said time. I will take a few minutes now to Most people think they landed at an increase in the minimum wage review for the Senate what will be the Plymouth Rock, but they landed at would have no effect on their company. first vote tomorrow, and that will be Provincetown, MA. Before they land- Many small businesses are already pay- on what we call the line-item veto ed—they had been at sea for close to ing higher wages to recruit and retain amendment. 100 days, and many had died and many quality workers. A higher minimum We had an excellent debate and dis- suffered from disease—they got to- wage actually benefits them because it cussion on that amendment yesterday. gether and talked about their Compact, levels the playing field and allows I refer any of those interested to read their willingness to work together for a them to compete with the bigger busi- the RECORD, the excellent comments common purpose and common respect ness. that were made on this issue by the for their fellow human beings. That What we have found over time, when chairman of the Appropriations Com- was going to be the essence of their we provide a decent wage to workers— mittee, Senator BYRD, and also the whole life experiment in the United and this is demonstrated; I mentioned chairman of the Budget Committee, States. it here, I spelled it out in some greater Senator CONRAD, enormously, I think, It is reflected in the actions that degree on yesterday—what we find is comprehensive comments on it. I urge have been taken in this body with the we get workers who are loyal to the they read the comments of Senator minimum wage. On only one occasion business. We find there is less of a GREGG as well, who is the proponent of in the last nine occasions when we turnover when there was an increase in the amendment. raised the minimum wage have we the minimum wage to a living wage. Senator CONRAD and Senator BYRD added a tax provision. The PRESIDING OFFICER. The Sen- made excellent presentations. We will Again, the minimum wage has lost 20 ator’s time has expired. be considering that early tomorrow. I percent of all of its purchasing power. Mr. KENNEDY. Our time has expired. hope those who are interested in the It was a good deal higher in the sixties, That is interesting. Have we reserved amendment will take a few moments seventies, and eighties. It has dropped the last 5 minutes for debate on the and look back at the RECORD. It is a and dropped significantly over time Snowe amendment? very complete record on that issue. I and has lost that purchasing power. The PRESIDING OFFICER. That was stand with Senator CONRAD and Sen- Secondly, only once in 1996 did we not the unanimous consent agreement. ator BYRD, for the reasons they have pair a minimum wage increase with tax There is 30 minutes equally divided. outlined, in opposition to the Gregg cuts. Previous increases had strong bi- Mr. KENNEDY. I thank the Chair. amendment. partisan support, despite the lack of The PRESIDING OFFICER. The Sen- Next we will have a chance to vote on tax cuts. In 1989, the minimum wage ator from Wyoming. what we call a clean increase in the was raised with no tax cuts and passed Mr. ENZI. Mr. President, how much minimum wage. That means a vote on by a margin of 89 to 8. In 1977, with no time is remaining on our side? the increase in the minimum wage over giveaways, an increase passed 63 to 24. The PRESIDING OFFICER. The Sen- a 2-year period to rise from $5.15 to We have seen what has happened. Only ator has 61⁄2 minutes remaining. $7.25 an hour. one time—it didn’t happen in 1938, 1949, Mr. ENZI. I thank the Chair. I strongly urge our colleagues to vote 1955, 1961, 1966, 1974, 1977, 1989—only in I appreciate the comments of the for what we call a clean bill on the 1996. And look in the last 10 years what Senator from Massachusetts and the minimum wage. I do so for a number of has happened in terms of the reduction diligence with which he has worked on reasons. of taxes for corporations and for small this issue and the number of times we First, this is the area of need. It is businesses. In corporations, it is $276 have debated it. I appreciate the ma- among workers who haven’t gotten a billion in tax breaks; small businesses, jority leader making it possible for us raise in the last 10 years. For 10 years, $36 billion; and no raise for minimum to consider amendments on this bill. I the longest time since we had a min- wage workers. understand how some people would like

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S890 CONGRESSIONAL RECORD — SENATE January 23, 2007 to have this as a clean amendment, Senator from Wyoming, Mr. ENZI, the The question is on agreeing to the that we just do the increase. The de- Senator from Louisiana, Ms. LANDRIEU, amendment. The clerk will call the bate the last three times we have done as well by the Senator from Massachu- roll. it has been about whether we can have setts, Mr. KENNEDY, to enhance compli- The bill clerk called the roll. some provisions for small businesses to ance assistance for small businesses. I Mr. DURBIN. I announce that the offset the impact of the raise in the truly appreciate all those joining me in Senator from South Dakota (Mr. JOHN- minimum wage. this effort. SON) is necessarily absent. I want to bring a more personal face I ask unanimous consent to add Sen- The PRESIDING OFFICER (Mrs. to this small business. We confuse that ators KERRY, BOND, SUNUNU, and ROB- MCCASKILL). Are there any other Sen- sometimes even with General Motors ERTS as cosponsors to this amendment. ators in the Chamber desiring to vote? and some of the airlines. Those are big The PRESIDING OFFICER. Without The result was announced—yeas 99, corporations. In fact, the ones I am objection, it is so ordered. nays 0, as follows: particularly concerned about are the Ms. SNOWE. Mr. President, I want to [Rollcall Vote No. 20 Leg.] ones with 50 employees or less, and say to Members of the Senate, this YEAS—99 amendment would significantly help to even more concerned about the ones Akaka Domenici McConnell that only have 2 or 3 employees. The reduce the regulatory burden imposed Alexander Dorgan Menendez impact and their ability to adjust is on small businesses throughout this Allard Durbin Mikulski Baucus Ensign Murkowski much more limited. We are talking country. The amendment is designed to clarify an existing Federal law that the Bayh Enzi Murray about the inventors in their garages Bennett Feingold Nelson (FL) who have an idea and who will employ Senate unanimously passed back in Biden Feinstein Nelson (NE) 1996. The Government Accountability Bingaman Graham Obama another person to help put their prod- Bond Grassley Pryor uct together and market it. We are Office has suggested that we needed to have further clarification to the exist- Boxer Gregg Reed talking about the corner grocery store. Brown Hagel Reid We are talking about the laundry. We ing law because many Federal agencies Brownback Harkin Roberts are circumventing the law. These agen- Bunning Hatch Rockefeller are talking about the little shoe store, cies are using loopholes to ignore re- Burr Hutchison Salazar the independent one. Byrd Inhofe Sanders These are families that are eking out quirements under the law that the Cantwell Inouye Schumer a living. These are not families that agencies publish small business compli- Cardin Isakson Sessions Carper Kennedy Shelby are getting rich. These are families ance guides so that small businesses know how to comply with complex Casey Kerry Smith that took on a lot of risk for the Amer- Chambliss Klobuchar Snowe Federal regulations. The agencies have ican dream. They are hoping that with Clinton Kohl Specter used ambiguity in the law as a ration- Coburn Kyl Stabenow all of the loans they put in place to be ale for not assisting small businesses. Cochran Landrieu Stevens able to do this business that they al- This amendment would clarify exist- Coleman Lautenberg Sununu Collins Leahy Tester ways dreamed of doing, they might ing Federal rules and regulations, by make a return on their investment and Conrad Levin Thomas requiring that Federal agencies Corker Lieberman Thune enough to keep their family going. But produce compliance assistance mate- Cornyn Lincoln Vitter there is no guarantee. Craig Lott Voinovich rials to help small businesses satisfy Crapo Lugar Warner These are the people who—and I their regulatory obligations. Because know; I used to be a small business- DeMint Martinez Webb the GAO has found widespread and per- Dodd McCain Whitehouse man. I used to own shoe stores. One of vasive disregard of this law by agen- Dole McCaskill Wyden my definitions of a small businessman cies, we felt it was very important to NOT VOTING—1 is the guy who wakes up, sits up clarify the law so that small business straight in bed in the middle of the Johnson not only gets the assistance it requires The amendment (No. 103), as modi- night and says: Tomorrow is payday; but also can meet the regulatory re- how do I meet payroll? And they figure fied, was agreed to. quirements promulgated by the Fed- Mrs. LINCOLN. Madam President, I out a way because the employees get eral government. As we well know, paid first. move to reconsider the vote, and I small businesses face a dispropor- move to lay that motion on the table. These are people worrying about how tionate burden of the impact of regula- to stay in business, how to make a liv- The PRESIDING OFFICER. Without tions in rules issued by Federal agen- objection, it is so ordered. ing, and taking on a whole lot of risk cies. In fact, employers with 20 or fewer to make sure other people have jobs. Mr. KENNEDY. Madam President, employees face 44.8 percent more of a the Senator from Kansas has an We have to remember that the small regulatory burden than companies with businessman will be forced to come up amendment. He has brought it up dur- 500 or more employees, in terms of ing the course of meetings of our with additional funds to pay his or her compliance costs per employee. workers on what we are mandating Health, Education, Labor, and Pen- So you can see that for our Nation’s sions Committee, and he has been ad- today. Those funds don’t come from a small businesses, we clearly need to do money tree or some pot of gold at the vocating for it for some period of time. better so they can continue to drive He wishes to address the Senate at this end of the rainbow. They come out of our economy, by creating three-quar- the pockets of the Nation’s small busi- time, if we could have order so that the ters of all the net new jobs each year. Senator could be heard. nessmen. It is the penalty they pay for This amendment will go a long way to- taking the risk associated with run- The PRESIDING OFFICER. The Sen- ward easing the impact of the cost of ator from Kansas is recognized. ning a small business. small business regulatory compliance AMENDMENT NO. 102 I have about 3 minutes. I yield the re- and making sure the agencies comply Mr. ROBERTS. Madam President, I mainder of the time to the Senator with requirements under existing law rise today to offer amendment No. 102. from Maine. to provide the support small businesses As we debate the issue of minimum The PRESIDING OFFICER. The Sen- rightly deserve. wage, we can’t forget the impact on the ator from Maine is recognized for 3 Mr. President, I yield the floor. minutes. The PRESIDING OFFICER. All time employers who hire these minimum Ms. SNOWE. Mr. President, I thank has expired. wage workers. Small businesses pay 45 the Senator from Wyoming for his Mr. KENNEDY. Mr. President, have percent of the payroll in the United leadership on this amendment that is the yeas and nays been ordered? States, and they have created 60 to 80 so important to the small business sec- The PRESIDING OFFICER. They percent of new jobs over the last dec- tor of our economy. I also thank Chair- have not been ordered. ade. In my home State of Kansas, small man KENNEDY as well for bringing this Mr. KENNEDY. I ask for the yeas and businesses actually employ the brunt legislation to the floor. nays. of hard-working families. I often hear I rise today in support of the pending The PRESIDING OFFICER. Is there a from these employers who agree with modified amendment we will be voting sufficient second? There is a sufficient their workers that they deserve a fair on shortly that has been offered by the second. wage for a fair day’s work, but they

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From a business standpoint, they factor in keeping a job for many Amer- She looked at me with the two kids are retaining good employees, allowing icans in small communities such as behind her—she was obviously a single parents’ minds to be focused on their Dodge City, my hometown, and other mother—and she said: Mr. ROBERTS, jobs. In no small measure, this depends very similar communities. Childcare it’s your world, I’m just living in it. on how you feel, where your children facilities are very scarce, limiting the That made a big impression on me. are, who is caring for them, and what possibilities for families to earn—— I said: What do you need more than the conditions are. In terms of produc- Mr. KENNEDY. Madam President, if anything else? tivity and retention, all the elements the Senator will yield, maybe we could She said: If there could be a possi- businesses desire for employees, have order. We are making good bility that there could be any childcare childcare is a major component. For progress on this legislation. This is an for these two children, I could go to the parents, obviously, not to be wor- important amendment. The Senator work. I could go back to work. ried or concerned about the quality of But that was not the case at that has spent a good deal of time, and we the care their children receive and particular time. Then I promised my- welcome the opportunity to hear him whether they can afford it is a major self that we would try our very best so issue. I am preaching to the choir for on it. We would ask our colleagues and that in a small community with a those who understand what I am talk- friends if they would be good enough to bank, the implement dealer, and, say, a ing about. Obviously, from the child’s take their conversations to another restaurant, they could come together, part of the Senate so we can hear the and with these kinds of grants offer af- perspective, it’s essential to be able to Senator. fordable childcare. have that good, nurturing environ- The PRESIDING OFFICER. Sen- So I am very hopeful we can get this ment. There is not a guarantee they ators, please remove your conversa- amendment passed. It is a small change will get it in every case, but it is more tions out of the well. that will make a big difference in the likely if this amendment passes. The Senator from Kansas is recog- lives of many employees and employers The difficult area is with smaller nized. who see a need for childcare in their businesses. Many larger corporations Mr. ROBERTS. I thank the Senator communities. I hope my colleagues will have installed childcare facilities on- from Massachusetts and I thank the join me in supporting this amendment. site. In fact, in some cases they have Presiding Officer and I thank my col- The PRESIDING OFFICER. The Sen- offered less in salaries and wages in ex- leagues to my right who, hopefully, ator from Connecticut. change for providing better childcare; I will take their conversation from the Mr. DODD. Madam President, I rise am not saying that is great, but people floor of the Senate. to thank the Senator from Kansas for are so hungry to have a good, safe, Unfortunately, small businesses gen- offering this amendment. Back about childcare environment, they will opt erally do not have the resources re- 20 years ago, the Senator from Utah for lesser wage or salary in exchange quired to start up and support a and I, along with Senator KENNEDY and for the assurance their children are in childcare center like happens in many others, authored the first childcare de- a safe place. Smaller businesses cannot areas in urban America and big cities. velopment block grant ever to be pro- do that. Some of them are at shopping When I came to the Senate in 1997, posed by the Congress. We had hoped in malls, and they develop consortiums one of the first bills I introduced was those days that we would be able to ex- and set aside space. There are a lot of the Small Business Child Care Act, pand the availability, affordability, creative ideas. But it is the hardest which authorized a short-term flexible and quality of childcare to millions of thing in the world for smaller business grant as a program to encourage small Americans and their children who are to provide child care. It is not that businesses to work together or with lacking those resources. they do not recognize the need for it. other local childcare agencies to pro- Over the years, we have provided They understand the value of it. This vide childcare services for their em- some good assistance. I am grateful to amendment, from a child’s perspective, ployees. This amendment includes the my colleagues over the years who have from a parent’s perspective, and from a bipartisan language of the Small Busi- been supportive. business perspective is a win for all. I ness Child Care Act that was passed We have gone stale on the commit- commend my colleague. We have out of the HELP Committee in August ment over the last 5 or 6 years. The talked of this in the past and agreed on of 2005 as part of the larger childcare funding has not gone up at all and de- its importance. I thank Senator ENZI. and development block grant. mand continues to grow. We have done While I am here, I would like to talk Under the amendment, small busi- a fairly good job in serving some of the about the underlying bill, to raise the nesses are eligible for grants up to working poor. We must do better, how- minimum wage. Exactly because of $500,000 for startup costs and training ever. We have not done a good job, in what the Senator from Kansas has of- and scholarships and other related ac- my view, on the most critical issue fered, it is important to know that his tivities, with priority given to grantees most parents and others care about, amendment is a related matter when it who work with other small businesses and that is the quality of childcare. comes to children. The increase in the or local childcare organizations. These This amendment gets to the quality of minimum wage has a huge impact on grants all have a matching require- child care by providing small busi- children. ment which encourages self-sustaining nesses the opportunity to use the grant So I am taking advantage of a couple facilities that will go on well after the for facilities and to create partnerships of minutes on his amendment to high- program ends. with local organizations such as health light this point. In the last 5 years, we In many small Kansas towns, departments. have watched child poverty in this childcare facilities can be very scarce, What is happening with our col- country increase by 1.3 million chil- as I have said before. This amendment league’s amendment is that it is trying dren. This figure is from the U.S. Cen- would alleviate the strain on working to expand opportunities for families, sus Bureau, not a private think tank families who often have to close the and I am grateful to him for proposing making this up. Nearly 12.9 million door on the opportunity to be a double- it. Everyday I hear about the commu- children in this country live in pov- income family because of the lack of nities in which the demand for child erty. childcare options in their commu- care for exceeds the supply. This Obviously, that is a matter of great nities. amendment would increase the supply concern, I hope to all of us. What is When I first ran for the House back and allow more parents to go to work bothersome to me and should be to in 1980, I was going door to door in knowing that their children are safe. every single one of us—I don’t care Dodge City. I was in south Dodge and I I am supporting it. I think it is what your politics are or your political knocked on a door and a young lady worthwhile, and it will help make a dif- persuasion—the fact that the United

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We 5 years ago. to the 21st century, watching our coun- debated for about 10 days or so while it So we should be moving on these try grow, meeting the challenges in was constantly adjusted, altered, and things. I pledge my support to see what front of us, we have to do a better job changed. Eventually, it passed. The we can do down the road. if we are going to have a well-prepared childcare block grant has done an enor- I rise to call up Senate amendment generation to meet the challenges. mous amount of good. 102. Aside from providing decent child The Senator has been very much in- The PRESIDING OFFICER. Without care, we know by increasing the earn- volved in the other childcare programs objection the pending amendments are ing capacity of parents we make a dif- that have come out through the CDBG set aside. ference. In fact, nearly 6 million chil- and the other Social Security pro- dren will benefit from a minimum wage grams. There is a third childcare pro- The clerk will report. increase. gram, the one in the military. If you The legislative clerk read as follows: Children whose parents are economi- read back in the history books, that The Senator from Kansas [Mr. ROBERTS] cally secure—and this increase is not particular program passed by over 90 proposes an amendment numbered 102. going to guarantee security, but it votes. This, effectively, was the legisla- Mr. ROBERTS. Madam President, I moves a family closer to it—have bet- tion the Senator from Connecticut in- ask unanimous consent the reading of ter attendance in school and have a troduced. Today, when we have com- the amendment be dispensed with. higher concentration on the work they parisons about which childcare pro- The PRESIDING OFFICER. Without are asked to do. Performance levels go grams work the best, everyone points objection, it is so ordered. up, test scores go up, and graduation to the military. The Senator from Con- The amendment is as follows: rates increase when a family’s eco- necticut can give the reasons for it. nomic circumstances are far more sta- The point is, this is a matter of enor- (Purpose: To establish a small business child ble. In addition, children have stronger mous importance to working families, care grant program) immune systems, better health, fewer with the whole change in the work- At the appropriate place, insert the fol- expensive hospital visits and fewer run- force, the increasing number of women lowing: ins with the juvenile justice system. in the workforce, the increasing num- SEC. ll. SMALL BUSINESS CHILD CARE GRANT Those are facts when you have a family ber of women with children, the in- PROGRAM. doing better economically. For the creasing demands upon those women, (a) ESTABLISHMENT.—The Secretary of families who have the greatest eco- in particular, but not exclusively. Health and Human Services (referred to in nomic stability at home, these statis- We appreciate the fact that the Sen- this section as the ‘‘Secretary’’) shall estab- lish a program to award grants to States, on tics improve in almost every category. ator from Kansas would give focus and a competitive basis, to assist States in pro- Because of what the Senator from attention to this issue. We wish to viding funds to encourage the establishment Kansas has offered, focusing on work with the Senator. We can do part and operation of employer-operated child childcare, combined with what the Sen- of the job in terms of the authoriza- care programs. ator from Massachusetts, Senator KEN- tion. We are going to rely on him to (b) APPLICATION.—To be eligible to receive NEDY, is leading today on the minimum help get limited resources to make a grant under this section, a State shall pre- wage, we can make a difference for sure we bring life to this program. I pare and submit to the Secretary an applica- these children. That is the point I thank the Senator for his statements tion at such time, in such manner, and con- wanted to make to my colleagues. and comments. taining such information as the Secretary I commend them both. It is long We look forward to hearing from my may require, including an assurance that the funds required under subsection (e) will be overdue. My hope is that the amend- friend and colleague from Wyoming, provided. ment from my friend from Kansas will hopefully, urging acceptance of the (c) AMOUNT AND PERIOD OF GRANT.—The be a forerunner this year for increasing amendment. Secretary shall determine the amount of a our commitments to child care. My The PRESIDING OFFICER. The Sen- grant to a State under this section based on colleague from Maine, Senator SNOWE, ator from Wyoming. the population of the State as compared to has been terrific on this issue over the Mr. ENZI. Madam President, I echo the population of all States receiving grants years. Senator HATCH was my principal what the Senator from Massachusetts under this section. The Secretary shall make cosponsor on this many years ago. It said, that this does provide for author- the grant for a period of 3 years. was courageous of him then. A lot of ization. There is room for that to be in- (d) USE OF FUNDS.— people did not realize the value of it. I cluded, and we can help look for the re- (1) IN GENERAL.—A State shall use amounts provided under a grant awarded under this am remiss not mentioning those who sources to do something on that. section to provide assistance to small busi- played a significant role. And let me I commend both Senator ROBERTS nesses (or consortia formed in accordance add my colleague, Senator ROBERTS, and Senator DODD for their tenacious- with paragraph (3)) located in the State to for his leadership on this issue. I thank ness and their active work to be able to enable the small businesses (or consortia) to him immensely. I thank Senator KEN- bring this to the Senate at this point establish and operate child care programs. NEDY for his leadership on minimum in time. I note that Senator ROBERTS Such assistance may include— wage. We can make a difference for has been working on this for about 10 (A) technical assistance in the establish- children with both of these proposals. years. Six years is the average for a ment of a child care program; bill around here. That should qualify. (B) assistance for the startup costs related The PRESIDING OFFICER. The Sen- to a child care program; ator from Massachusetts. I ask we make this part of that pack- (C) assistance for the training of child care Mr. KENNEDY. Madam President, I age. providers; thank my friend and colleague for his The PRESIDING OFFICER. The Sen- (D) scholarships for low-income wage earn- excellent presentation. He has been the ator from Kansas. ers; leader of the children’s caucus and a Mr. ROBERTS. Madam President, I (E) the provision of services to care for leader on this issue of childcare. say to the Senator from Connecticut, I sick children or to provide care to school- We have 14,000 family members now thank him very much for his com- aged children; waiting, parents who are waiting for ments. He has been absolutely tena- (F) the entering into of contracts with cious, as described by the Senator from local resource and referral organizations or childcare slots in my State of Massa- local health departments; chusetts. Wyoming. (G) assistance for care for children with I have listened to the Senator give I can remember, it was about, what, disabilities; the statistics nationwide. This is all re- 5, 6, 7 years ago, that we all were over, (H) payment of expenses for renovation or lated to work. It is obviously related to on a cold day, at the childcare center operation of a child care facility; or

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(I) assistance for any other activity deter- the Secretary of the misuse. The Secretary, (3) STATE-LEVEL ACTIVITIES.—The term mined appropriate by the State. upon such a notification, may seek from ‘‘State-level activities’’ includes activities (2) APPLICATION.—In order for a small busi- such a covered entity the repayment of an at the tribal level. ness or consortium to be eligible to receive amount equal to the amount of any such (l) AUTHORIZATION OF APPROPRIATIONS.— assistance from a State under this section, misused assistance plus interest. (1) IN GENERAL.—There is authorized to be the small business involved shall prepare and (B) APPEALS PROCESS.—The Secretary shall appropriated to carry out this section, submit to the State an application at such by regulation provide for an appeals process $50,000,000 for the period of fiscal years 2008 time, in such manner, and containing such with respect to repayments under this para- through 2012. information as the State may require. graph. (2) STUDIES AND ADMINISTRATION.—With re- (3) PREFERENCE.— spect to the total amount appropriated for (i) REPORTING REQUIREMENTS.— (A) IN GENERAL.—In providing assistance such period in accordance with this sub- (1) 2-YEAR STUDY.— under this section, a State shall give priority section, not more than $2,500,000 of that (A) IN GENERAL.—Not later than 2 years amount may be used for expenditures related to an applicant that desires to form a con- after the date on which the Secretary first to conducting studies required under, and sortium to provide child care in a geographic awards grants under this section, the Sec- the administration of, this section. area within the State where such care is not retary shall conduct a study to determine— (m) TERMINATION OF PROGRAM.—The pro- generally available or accessible. (i) the capacity of covered entities to meet (B) CONSORTIUM.—For purposes of subpara- gram established under subsection (a) shall the child care needs of communities within terminate on September 30, 2012. graph (A), a consortium shall be made up of States; 2 or more entities that shall include small (ii) the kinds of consortia that are being The PRESIDING OFFICER. The businesses and that may include large busi- formed with respect to child care at the local question is on agreeing to the amend- nesses, nonprofit agencies or organizations, level to carry out programs funded under ment. local governments, or other appropriate enti- this section; and The amendment (No. 102) was agreed ties. (iii) who is using the programs funded to. (4) LIMITATIONS.—With respect to grant under this section and the income levels of Mr. KENNEDY. Madam President, I funds received under this section, a State such individuals. may not provide in excess of $500,000 in as- see the Senator from Alabama looking (B) REPORT.—Not later than 28 months for recognition. He has filed some sistance from such funds to any single appli- after the date on which the Secretary first cant. awards grants under this section, the Sec- amendments. Hopefully, I will have an (e) MATCHING REQUIREMENT.—To be eligible retary shall prepare and submit to the appro- opportunity to discuss some of those. to receive a grant under this section, a State priate committees of Congress a report on The PRESIDING OFFICER. The Sen- shall provide assurances to the Secretary ator from Alabama. that, with respect to the costs to be incurred the results of the study conducted in accord- Mr. SESSIONS. I thank Senator KEN- by a covered entity receiving assistance in ance with subparagraph (A). carrying out activities under this section, (2) 4-YEAR STUDY.— NEDY and Senator ENZI for their cour- the covered entity will make available (di- (A) IN GENERAL.—Not later than 4 years tesy as we discuss some of the issues I rectly or through donations from public or after the date on which the Secretary first have raised by my amendments. private entities) non-Federal contributions awards grants under this section, the Sec- What is the pending business? to such costs in an amount equal to— retary shall conduct a study to determine The PRESIDING OFFICER. The (1) for the first fiscal year in which the the number of child care facilities that are pending question is amendment 118 of- funded through covered entities that re- covered entity receives such assistance, not fered by Senator KYL. less than 50 percent of such costs ($1 for each ceived assistance through a grant awarded AMENDMENT NO. 106, AS MODIFIED $1 of assistance provided to the covered enti- under this section and that remain in oper- ty under the grant); ation, and the extent to which such facilities Mr. SESSIONS. I call for the regular (2) for the second fiscal year in which the are meeting the child care needs of the indi- order with respect to Senate amend- covered entity receives such assistance, not viduals served by such facilities. ment 106 and send a modification to 2 (B) REPORT.—Not later than 52 months less than 66 ⁄3 percent of such costs ($2 for the desk. each $1 of assistance provided to the covered after the date on which the Secretary first The PRESIDING OFFICER. The Sen- entity under the grant); and awards grants under this section, the Sec- retary shall prepare and submit to the appro- ator has that right. (3) for the third fiscal year in which the The amendment will be so modified. covered entity receives such assistance, not priate committees of Congress a report on the results of the study conducted in accord- The amendment (No. 106), as modi- less than 75 percent of such costs ($3 for each fied, is as follows: $1 of assistance provided to the covered enti- ance with subparagraph (A). At the appropriate place, insert the fol- ty under the grant). (j) DEFINITIONS.—In this section: lowing: (f) REQUIREMENTS OF PROVIDERS.—To be el- (1) COVERED ENTITY.—The term ‘‘covered igible to receive assistance under a grant entity’’ means a small business or a consor- SEC. ll. SENSE OF THE SENATE CONCERNING PERSONAL SAVINGS. awarded under this section, a child care pro- tium formed in accordance with subsection (a) FINDINGS.—The Senate finds that— vider— (d)(3). (1) the personal saving rate in the United (1) who receives assistance from a State (2) INDIAN COMMUNITY.—The term ‘‘Indian States is at its lowest point since the Great shall comply with all applicable State and community’’ means a community served by Depression, with the rate having fallen into local licensing and regulatory requirements an Indian tribe or tribal organization. negative territory; and all applicable health and safety stand- (3) INDIAN TRIBE; TRIBAL ORGANIZATION.— (2) the United States ranks at the bottom ards in effect in the State; and The terms ‘‘Indian tribe’’ and ‘‘tribal organi- of the Group of Twenty (G–20) nations in (2) who receives assistance from an Indian zation’’ have the meanings given the terms terms of net national saving rate; tribe or tribal organization shall comply in section 658P of the Child Care and Devel- (3) approximately half of all the working with all applicable regulatory standards. opment Block Grant Act of 1990 (42 U.S.C. people of the United States work for an em- (g) STATE-LEVEL ACTIVITIES.—A State may 9858n). not retain more than 3 percent of the ployer that does not offer any kind of retire- (4) SMALL BUSINESS.—The term ‘‘small ment plan; amount described in subsection (c) for State business’’ means an employer who employed (4) existing savings policies enacted by administration and other State-level activi- an average of at least 2 but not more than 50 ties. Congress provide limited incentives to save employees on the business days during the (h) ADMINISTRATION.— for low- and moderate-income families; and preceding calendar year. (1) STATE RESPONSIBILITY.—A State shall (5) the Social Security program was en- (5) STATE.—The term ‘‘State’’ has the have responsibility for administering a grant acted to serve as the safest component of a meaning given the term in section 658P of awarded for the State under this section and retirement system that also includes em- the Child Care and Development Block Grant for monitoring covered entities that receive ployer-sponsored retirement plans and per- Act of 1990 (42 U.S.C. 9858n). assistance under such grant. sonal savings. (2) AUDITS.—A State shall require each (k) APPLICATION TO INDIAN TRIBES AND (b) SENSE OF THE SENATE.—It is the sense covered entity receiving assistance under the TRIBAL ORGANIZATIONS.—In this section: of the Senate that— grant awarded under this section to conduct (1) IN GENERAL.—Except as provided in sub- (1) Congress should enact policies that pro- an annual audit with respect to the activi- section (f)(1), and in paragraphs (2) and (3), mote savings vehicles for retirement that ties of the covered entity. Such audits shall the term ‘‘State’’ includes an Indian tribe or are simple, easily accessible and provide ade- be submitted to the State. tribal organization. quate financial security for all the people of (3) MISUSE OF FUNDS.— (2) GEOGRAPHIC REFERENCES.—The term the United States; (A) REPAYMENT.—If the State determines, ‘‘State’’ includes an Indian community in (2) it is important to begin retirement sav- through an audit or otherwise, that a cov- subsections (c) (the second and third place ing as early as possible to take full advan- ered entity receiving assistance under a the term appears), (d)(1) (the second place tage of the power of compound interest; and grant awarded under this section has mis- the term appears), (d)(3)(A) (the second place (3) regularly contributing money to a fi- used the assistance, the State shall notify the term appears), and (i)(1)(A)(i). nancially-sound investment account is one

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S894 CONGRESSIONAL RECORD — SENATE January 23, 2007 important method for helping to achieve million did not participate in the plan ensure their financial security upon re- one’s retirement goals. their employer offered. That means tirement, during a time where we have Mr. SESSIONS. Madam President, it over 58 percent of working Americans growth and relative prosperity in our is important as we think about low- in 2004 were not participating in an em- Nation. I will repeat that. Think about and middle-income, middle-class work- ployer-sponsored retirement plan. the tragedy that is occurring when peo- ers in America today, to think about Higher income people take care of ple are not setting aside even a small how they are getting along and wheth- their plans, but the average working percentage of their salary, when if they er they are saving adequately. Savings American tends to focus his savings do, they could retire with hundreds of is a part of any person’s financial secu- through his business and employer. In thousands of dollars in a savings ac- rity. It makes a difference between how particular, younger workers are much count at age 65. This is very realistic. a person thinks about his life, how he less likely to participate in their em- It is very possible. I will talk about it or she thinks about her job, and how ployer’s 401(k) plan, as only about one- a little bit more in a minute. But as they can live in the latter years. Most third of workers age 21 to 30 partici- anybody knows who has studied the Americans today depend upon Social pate in any retirement plan at work. compound interest factor, the earlier Security to finance their retirement as Even if a worker is participating in an you save, the more important it is. So Social Security provides 73 percent of employer-sponsored retirement plan, it is a special tragedy when we see this the retirement income of the typical he or she is unlikely to be saving suffi- lack of savings. For example, according household. That is not enough money ciently for the future. to an analysis by Fidelity Investments, for the average American to live on The average American worker holds if one is 25 years old and has 40 years adequately. The truth is, they can have nine jobs by the time they are 35, until retirement, every additional dol- so much more so easily. I would like to meaning that he or she often leaves the lar a person saves would be worth $8.14 talk about that today. job before their retirement benefits be- at retirement, adjusted for inflation. To live the comfortable life that come vested. In fact, frequently they So a dollar saved, if you are 25, is Americans deserve after 40-plus years cash it out. I had the opportunity to be worth $8.14 at retirement. Increasing savings also allows Ameri- of work, most need to supplement their on an airplane recently with a young cans to achieve greater control and Social Security income with additional man, 37, with two kids. He is beginning choice over their lives. According to savings, either through an employer- to work for the Federal Government. the Center for Social Development, the sponsored plan or their own savings He is going to be saving through the thrift plan. I asked him what he had presence of savings is even associated plan. Yet despite this need, most Amer- with improved health and psycho- icans are not putting aside money for done before about savings. I told him the average person had nine jobs. He logical well-being. their future. The benefits of increasing our Na- said: I had nine jobs. And when asked Statistic after statistic tragically tion’s personal savings rate go beyond about savings, he said: I cashed in my shows this. The personal savings rate the financial security of individual plans. I just had a few hundred dollars in the United States, as this chart families. By increasing household sav- in this one and a few hundred in that demonstrates, is at its lowest ebb since ings, we will be providing the invest- the Great Depression. It is a matter of one. It didn’t make sense to hold on to ment capital our Nation needs to en- national importance, as the Chairman them. I cashed them in and paid my sure long-term economic growth and of the Reserve Board and others have penalties. So at 35 with two kids, he create more and better jobs. Increasing discussed. has missed those first 10 or 15 or 20 savings will allow the United States to Look at this chart. It shows, since years of work that he could have been depend less on foreign capital. Amer- 1946, our savings rate has fallen stead- saving and having the power of com- ica’s current account deficit, the ily; in 2006, it is below zero. We are pound interest at work. About 45 per- amount of domestic investment fi- spending our savings now more than we cent of the participants in employer- nanced by borrowing from abroad, hit a are saving. It is a very troubling mat- sponsored retirement plans cashed out record high of over 6 percent of GDP in ter. We have to do something about it. when they changed jobs in 2004. A lot of 2005. Foreign capital can sustain our After having averaged better than 7 plans don’t offer savings until you have economy in the short run, but I don’t percent throughout most of the post- worked with the company 6 months or know if we can depend on that in the World War II period, the personal sav- a year; some, 2 years. long run. Moreover, we, as a country, ings rate dipped into negative territory As this next chart shows, if we con- benefit from the interest and dividends by 2005 for the first time since 1933. sidered business and Government sav- our assets generate when we own them. This trend continued last year as the ings, we find that the United States So what can we do to increase per- personal savings rate remained in neg- has the lowest national savings rate of sonal savings for retirement? I will ative territory for the first three quar- any of the group of 20 industrial na- soon be introducing a bill to help solve ters of 2006, with the fourth quarter tions. Whereas Japan’s savings rate our savings problem by creating a na- numbers not yet reported. was 10.8 percent in 2003, Germany’s was tional savings system that would give These statistics indicate that the av- 5.4 percent, and India’s was 15.4 per- every American the opportunity to re- erage American household has been cent, the United States had a net na- tire a half-millionaire. Not a chicken spending more during the last 2 years tional savings rate of 1.6 percent in in every pot, not a car in every garage, by either drawing down past savings or 2003. This is a World Bank chart. We we desire that every American be able selling assets or borrowing. can see we have the lowest rate on the to retire with half a million dollars in An alarming number of Americans chart. That is significant, not only for the bank. That is possible, realistic, so also lack any financial resources be- individuals, most importantly for indi- easily within our grasp if we set forth yond personal income. According to a vidual working Americans, but also for the right plans today. Federal Reserve 2004 survey of con- our economy because economists tell Under the plan I will be introducing, sumer finances, 17 percent of all house- us that this is a major detriment to our individual savings accounts, or PLUS holds have zero or a negative net economy. In fact, all but two of the na- Accounts—for Portable, Lifelong, Uni- worth, while 30 percent have a net tions listed on the chart I just showed versal Savings accounts—would be cre- worth of less than $10,000. This is espe- have a net national savings rate of ated for every working American. One cially a problem for African-American more than twice that of the United percent of every paycheck earned households, as they are more than States, if not more than 10 times our would be deposited automatically, twice as likely to have zero or a nega- savings rate. pretax, into individual PLUS Accounts, tive net worth. The lack of personal savings is a par- along with a 1-percent match from Perhaps most troubling, as this next ticular problem in my State of Ala- every employer, and invested in a new chart demonstrates, almost half of the bama. An A.G. Edwards study rated system like our Federal thrift system, 152 million Americans who worked in Alabama the Nation’s 46th lowest sav- a new 401(k)-type system. Under this 2004, 71.5 million employees, worked for ings State. This lack of personal sav- plan, a savings account would be estab- an employer that did not sponsor a re- ings is a national tragedy, as few lished for every American at birth, en- tirement plan of any kind. Another 17 Americans are putting money aside to dowing these accounts with $1,000.

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S895 This is a proposal which the British savings plan in my company that our The amendment is as follows: are already doing. The UK has a plan people all sign up for. (Purpose: To amend the Internal Revenue similar to this plan. They are very ex- I said: Tell me about it. Code of 1986 to repeal the 1993 income tax cited about how well it is working. He said: We put in 10 percent, if they increase on Social Security benefits) Savings among families in Britain has will put in 5 percent. At the appropriate place insert the fol- gone up 40 percent since they started Think about that. That is what Sen- lowing: this plan. It has educated people to the ator CORKER does. A lot of businesses SEC. ll. REPEAL OF 1993 INCOME TAX IN- power of savings and compound inter- would do this. A lot of businesses CREASE ON SOCIAL SECURITY BENE- would put in more. Many already are, FITS. est. (a) RESTORATION OF PRIOR LAW FORMULA.— Senators, such as Mr. SCHUMER, Mr. but many businesses would step up to Subsection (a) of section 86 (relating to so- Santorum, and others, have previously the plate and put in more than 1 per- cial security and tier 1 railroad retirement offered legislation of this kind. cent. But if the employee put in 3 per- benefits) is amended to read as follows: So these funds contributed to PLUS cent and the employer put in 1, at age ‘‘(a) IN GENERAL.—Gross income for the Accounts would be the legal property 65, it would be worth half a million dol- taxable year of any taxpayer described in of each account holder, but they could lars, if you are operating at median in- subsection (b) (notwithstanding section 207 not be spent until age 65. Any funds re- come. That is remarkable. of the Social Security Act) includes social Thus, I would say that if we care security benefits in an amount equal to the maining when an individual died would lesser of— be passed on as they chose to their about working Americans, if we really ‘‘(1) one-half of the social security benefits spouse, children, grandchildren, or any want to do something historic, I be- received during the taxable year, or one of the holder’s choosing, including lieve we have an opportunity, a bipar- ‘‘(2) one-half of the excess described in sub- a favorite charity. Account assets tisan opportunity to establish a sav- section (b)(1).’’. would be protected from creditors and ings program for Americans. That pro- (b) REPEAL OF ADJUSTED BASE AMOUNT.— would not be considered in determining gram should be modeled, in my view, Subsection (c) of section 86 is amended to eligibility for any federally funded ben- although I am open to other sugges- read as follows: ‘‘(c) BASE AMOUNT.—For purposes of this efits or in calculating estate tax liabil- tions, on the Federal thrift plan that section, the term ‘base amount’ means— ity. our employees admire so much and ‘‘(1) except as otherwise provided in this Finally, my plan would simply serve they value so much, you couldn’t take subsection, $25,000, as a supplement to Social Security, not it from them with a crowbar. The Fed- ‘‘(2) $32,000 in the case of a joint return, altering the Social Security system in eral employees like it. They pay Social and any way. I supported the President’s Security, and they get a thrift plan ‘‘(3) zero in the case of a taxpayer who— idea of changes in Social Security. I where the Government puts in 5 per- ‘‘(A) is married as of the close of the tax- thought it made sense. We did not have cent if they put in 5 percent. And they able year (within the meaning of section 7703) but does not file a joint return for such the votes to do that in this Congress. can put in more than that. Many of year, and So I say, let’s do it on top of Social Se- these young people working today who ‘‘(B) does not live apart from his spouse at curity. work a career in the Government are all times during the taxable year.’’. I believe this can work. If we begin going to retire with a very sizable nest (c) CONFORMING AMENDMENTS.— PLUS Accounts at birth and require a egg, something they own, an asset they (1) Subparagraph (A) of section 871(a)(3) is portion of every paycheck to be in- have earned themselves from their amended by striking ‘‘85 percent’’ and insert- vested, the first check you get, the work, and they will be able to retire ing ‘‘50 percent’’. first job you go to work at, the average comfortably, whereas otherwise they (2)(A) Subparagraph (A) of section 121(e)(1) American citizen could retire with a of the Social Security Amendments of 1983 may be dependent on Social Security. (Public Law 98–21) is amended— rather sizable nest egg. For example, It is a national tragedy that we are (i) by striking ‘‘(A) There’’ and inserting given a reasonable rate of return, not educating our children to save. It ‘‘There’’; someone who makes $46,000 a year—the is a national tragedy that our savings (ii) by striking ‘‘(i)’’ immediately following median household income in 2005—and rate has fallen below zero. I believe we ‘‘amounts equivalent to’’; and only contributes 1 percent of each pay- can do better. I am offering this sense- (iii) by striking ‘‘, less (ii)’’ and all that check would retire with almost $300,000 of-the-Senate resolution to have the follows and inserting a period. in the bank. Think about that. You put Senate think about it, to affirm its (B) Paragraph (1) of section 121(e) of such in 1 percent, your employer puts in 1 Act is amended by striking subparagraph commitment to increasing savings. As (B). percent. You have a $1,000 deposit at we go forward in the weeks to come, we (C) Paragraph (3) of section 121(e) of such birth. With no more money put in could be talking about the various pro- Act is amended by striking subparagraph (B) there other than what you pay out, you posals that are out there to actually and by redesignating subparagraph (C) as would retire with $300,000 in your ac- make this happen. subparagraph (B). count. What a remarkable and great I see Senator KENNEDY is off the (D) Paragraph (2) of section 121(e) of such country this is. At age 65, this account floor. As I understand, we will set the Act is amended in the first sentence by could be converted to an annuity that vote on this resolution for an appro- striking ‘‘paragraph (1)(A)’’ and inserting would pay the recipient $2,100 per priate time. ‘‘paragraph (1)’’. (d) EFFECTIVE DATES.— month for life, which is probably more Hopefully, we will have strong sup- (1) IN GENERAL.—Except as otherwise pro- than they will get from Social Secu- port from my colleagues. vided in this subsection, the amendments rity. If the same individual were to I yield the floor. made by this section shall apply to taxable contribute 3 percent, if they would just The PRESIDING OFFICER. The Sen- years beginning after December 31, 2007. contribute 3 percent of their paycheck ator from Kentucky is recognized. (2) SUBSECTION (c)(1).—The amendment over the course of their working life, AMENDMENT NO. 119 made by subsection (c)(1) shall apply to ben- they could expect to retire with half a Mr. BUNNING. Madam President, I efits paid after December 31, 2007. million dollars in their account— call up amendment No. 119. (3) SUBSECTION (c)(2).—The amendments made by subsection (c)(2) shall apply to tax enough to purchase an annuity that The PRESIDING OFFICER. Without liabilities for taxable years beginning after pays over $3,700 per month for life, if objection, the pending amendment is December 31, 2007. they chose, or they could simply live set aside. SEC. ll. MAINTENANCE OF TRANSFERS TO HOS- off the income of it and have assets for The clerk will report. PITAL INSURANCE TRUST FUND. their children or the charity they The assistant legislative clerk read There are hereby appropriated to the Fed- chose. This is if the company, the em- as follows: eral Hospital Insurance Trust Fund estab- ployer, only puts in 1 percent. But The Senator from Kentucky [Mr. BUNNING] lished under section 1817 of the Social Secu- many employers today offer more than proposes an amendment numbered 119. rity Act (42 U.S.C. 1395i) amounts equal to the reduction in revenues to the Treasury by that. Mr. BUNNING. Madam President, I reason of the enactment of this Act. I have to say, I was talking with Sen- ask unanimous consent that reading of Amounts appropriated by the preceding sen- ator CORKER from Tennessee, a success- the amendment be dispensed with. tence shall be transferred from the general ful businessman, about this issue. He The PRESIDING OFFICER. Without fund at such times and in such manner as to said: I believe in savings. We have a objection, it is so ordered. replicate to the extent possible the transfers

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S896 CONGRESSIONAL RECORD — SENATE January 23, 2007 which would have occurred to such Trust Congress gets an opportunity to end mists, including Nobel Prize winners Fund had this Act not been enacted. this unfair tax on seniors. and past presidents of the American Mr. BUNNING. Madam President, It is also important to point out that Economics Association, released a this is an important amendment for the Medicare Program is not harmed statement calling for a raise in the many of our seniors because it deals by my amendment. As I already said, minimum wage. They confirm that ‘‘a with the taxes on Social Security bene- this tax funds the Medicare program. modest increase in the minimum wage fits. I have brought this issue before Therefore, my amendment transfers to would improve the well-being of low- this Chamber before, so it should be fa- Medicare any amount it would have re- wage workers and would not have the miliar to many of my colleagues. ceived due to this tax from the general adverse effects that critics have When the Social Security program fund. claimed. . . . The weight of the evi- was created, benefits were not taxed. This was an unfair tax on our seniors, dence suggests that modest increases However, in 1983, Congress changed the and it is time we repeal it. I urge my in the minimum wage have very little rules of the game by passing legislation colleagues to support this amendment. or no effect on employment.’’ to begin taxing up to 50 percent of a I thank the Chair for the time. We will Moreover, and interestingly, a recent senior’s Social Security benefit if their look for a time later to bring up the Gallup Poll revealed that 86 percent of income was over $25,000 for a single in- amendment again. small business owners today do not be- dividual or $32,000 for a couple. The PRESIDING OFFICER. The Sen- lieve that an increase in the minimum Many seniors across the country ator from Vermont is recognized. wage would hurt their business. Three- were hit with a tax they never antici- Mr. SANDERS. Madam President, I fourths of small business owners pated and were forced to send a portion rise today in strong support of the Fair thought a 10-percent increase would of their Social Security benefits back Minimum Wage Act of 2007. I commend have no effect on them. In fact, nearly to the IRS. Senator KENNEDY for his leadership on half of those polled thought the min- In 1993, Congress felt taxing 50 per- this issue. This important legislation imum wage should be increased. cent of benefits wasn’t good enough. would increase the Federal minimum While I believe it is important to That year, Congress passed and Presi- wage from the abysmally low $5.15 an raise the minimum wage to $7.25 an dent Clinton signed a bill that allows hour to $7.25 an hour over a 2-year pe- hour, it is clear to me that much more 85 percent of a senior’s Social Security riod. needs to be done. We should see this in- benefits to be taxed if their income is Let us make no mistake about it, crease—long overdue—in the minimum above $34,000 for a single and $44,000 for this bill will benefit millions of work- wage as simply a start to address the a couple. This was known as the ‘‘Clin- ers and their families. It is very long disgraceful reality that more and more ton senior citizens tax.’’ overdue. Anyone who works 40 hours a of our fellow Americans are living in The additional money this tax raises week in the United States of America poverty, and it is an outrage that doesn’t even go into helping Social Se- should not be living in abject poverty. today in the United States of America curity solvency; instead, it goes into a It is a moral disgrace that Congress we have, by far, the highest rate of Medicare Part A program. has not increased the minimum wage childhood poverty in the industrialized I was a Member of the House of Rep- since 1997. Yes, Congress has provided world. resentatives in 1993, and I opposed this hundreds of billions of dollars in tax In the last 10 years, what we have tax then and I oppose this tax today, 14 breaks to people who don’t need it, but seen in our country is a proliferation of years later. somehow, over a 10-year period, Con- millionaires and billionaires. We have Some people think this tax only af- gress has not reached out to millions of seen the wealthiest people become ever fects ‘‘rich’’ seniors, but that is not the workers making the minimum wage wealthier. But what we have also seen, case. In fact, the income thresholds and raised that wage. since President Bush has been in office, both for the 50-percent tax and the 85- Today’s minimum wage workers have is that over 5 million more Americans percent tax haven’t changed since they less buying power than minimum wage have slipped into poverty. The rich be- were first enacted back in 1983 and 1993. workers did back in 1955, when Dwight come richer, the poor become poorer, This means more and more seniors are Eisenhower was President. Simply put, and the middle class continues to paying these taxes every year. a job should keep you out of poverty, shrink. In my view, raising the min- In fact, it is estimated that of the 40 not keep you in poverty. imum wage is an important start in at- million Social Security beneficiaries, At the current Federal minimum tempting to address the crisis of pov- about 15 million—or 39 percent—of sen- wage of $5.15 an hour, a person working erty in America, but it is clear to me iors pay taxes on their Social Security full time makes less than $11,000 per that we have to do much more. Among benefits. Of these, it is estimated that year before taxes, which is approxi- many other things we have to do, we over 9.5 million pay taxes on up to 85 mately $6,000 below the Federal pov- must address the reality in America percent of their Social Security ben- erty line for a family of three. today that we are losing millions of efit. Moreover, while the cost of living has good-paying manufacturing jobs and On one hand, we tell seniors to plan skyrocketed, the value of the min- good-paying white-collar information and save for retirement and, on the imum wage has eroded by over 20 per- technology jobs because of our disas- other hand, we tax them for doing that. cent since the last increase. Today, trous trade agreements. In the past, there have been efforts nearly 13 million workers, 10 percent of The time is now to begin to fun- by Members of Congress, including my- the United States workforce, would di- damentally rethink our trade agree- self, to remove this unfair tax. During rectly or indirectly benefit from a raise ments so we can begin to create good- debate on the Senate 2006 budget reso- in the minimum wage to $7.25 an hour; paying jobs here in the United States, lution, I offered an amendment that 5.5 million workers would benefit di- so our young people will be able to provided Congress with the budget re- rectly, 7.4 million workers would ben- make it to the middle class rather than sources to remove this unfair tax on efit indirectly, and more than 60 per- to continue to struggle year after year benefits. My amendment passed 55 to cent of those who would benefit are in poverty. 45. Unfortunately, the tax reconcili- women. We have to take a hard look at the ation instructions were scaled back In addition to workers, millions of National Labor Relations Act and the during conference. American families would benefit from National Labor Relations Board, which Today, I am offering another amend- a raise in the minimum wage, includ- today make it increasingly hard for ment to finally repeal the 1993 tax on ing nearly 6 million children who workers to form unions. If workers are Social Security benefits. This means would see their parents’ earnings in- able to collectively negotiate a con- the 85-percent tax tier would be elimi- crease. tract, very often the wages they get nated and the maximum amount of So- But some will argue that an increase will be substantially higher than if cial Security benefits that could be in the minimum wage will primarily they did not have a union. So in raising taxed would be 50 percent. Millions of benefit teenagers. I think the evidence the minimum wage, what we are doing seniors would be able to keep more of is quite strong that that is not the today is saying to millions of workers their Social Security benefits, and case. Further, recently, over 650 econo- who are struggling desperately to keep

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S897 their heads above water, we understand What we are doing by having 21,500 can have a stable, functioning democ- what you are going through. We under- more troops is it doubles the combat racy that is tolerant, then it will stand it is an outrage that for a 10-year capability of American forces in Bagh- spread to other areas of the Mideast period this Congress has not raised the dad to 17,500, and that will allow some and will be a mighty blow to the al- minimum wage, and the purchasing soldiers to stay behind with the Iraqis Qaida agenda. value of the minimum wage has de- to hold territory. Hold for what pur- We need to understand that a failed clined. But I hope that what we are pose? To give the political leadership state in Iraq creates chaos for not just doing this week is simply a start to ad- in Iraq a chance to reconcile their dif- us but the world. Iran becomes a big dress the very serious economic prob- ferences through the political process. winner. The south of Iraq becomes a lems facing not only low-income Amer- Ask General Petraeus: Do you believe puppet state of Iran. We could have a icans but the middle class as well. Iraq is part of the overall global war on war between Turkey and the Kurds in I hope that this Senate, this Con- terror? the north. And if there is a bloodbath gress, will begin focusing its attention I do. in Bagdad, which there surely will be if on the decline of the middle class, the If you believe it is a Vietnam which we leave, then Sunni Arab nations are increase of poverty, and come up with is a lost cause and not worth fighting going to get involved, and the whole re- economic and fiscal policies that ben- for and we need to get out, don’t pass gion becomes much more unstable. efit all Americans and not just the a resolution condemning the action. I urge my colleagues to listen to Gen- wealthy and large multinational cor- Cut off funding. If you believe it is part eral Petraeus and ask the question: Do porations. of the global war on terror, as I do, we you have confidence in this man to do I yield the floor. need to fight to win. I think that is ex- what he says he can do? And if the an- The PRESIDING OFFICER. The Sen- actly what we are trying to do. We are swer is yes, don’t undermine him be- ator from South Carolina is recognized. going to reinforce the military so we fore he leaves. Give him the resources Mr. GRAHAM. Madam President, I can hold, to give the Iraqi leadership a he needs. If you don’t have confidence ask unanimous consent to speak for 5 chance to reconcile the problems po- in him and our military and our leader- ship to change policy and strategy and minutes as in morning business. litically. I don’t believe any political The PRESIDING OFFICER. Without be successful, don’t let one more person group could find democracy or common objection, it is so ordered. go to Iraq to get killed or wounded in ground in this much violence. It is hard a lost cause. You should have the cour- NEW STRATEGY IN IRAQ enough for us to find a solution to im- age of your convictions to cut off fund- Mr. GRAHAM. Madam President, the migration and none of us being shot at. reason I rise to take the floor is this ing. A middle-ground solution is the Can you imagine trying to reconcile a afternoon—I think the Presiding Offi- worst of all worlds. country oppressed by dictators for over cer was present in the Armed Services Madam President, I yield the floor. 30 years with this level of violence? The PRESIDING OFFICER. The Sen- Committee hearing when General If we can control the violence, I Petraeus testified about the new strat- ator from Wyoming. think it will lead to a better political AMENDMENTS NOS. 152, 153, AND 154 EN BLOC egy in Iraq. I hope that over time more result. They have to share the oil reve- Americans will be familiar with him Mr. ENZI. Madam President, on be- nues with the Sunnis. The Sunnis have and his view of what we can do to go half of Senator ENSIGN, I call up to have something to fight for, not forward. amendments Nos. 152, 153, and 154. In his testimony, General Petraeus against. That has to happen. At the end The PRESIDING OFFICER. Without clearly indicated we have made a lot of of the day, a million troops won’t objection, it is so ordered. The clerk mistakes in Iraq. We never had enough change Baghdad or Iraq if the Iraqi will report. troops to secure the country, and the people are not willing to make the ac- The legislative clerk read as follows: debaathification program basically was commodations they need to make. The Senator from Wyoming [Mr. ENZI], for a mistake. Other agencies involved in They are under siege. They need rein- Mr. ENSIGN, proposes amendments numbered No. 152, 153, and 154 en bloc. nationbuilding have not done their forcements. part. Militias have grown. The biggest On the economic front, 70 percent of Mr. ENZI. Madam President, I ask unanimous consent that the reading of event in the sectarian violence was the our casualties come from improvised the amendments be dispensed with. bombing of the Shia Golden Dome explosive devices, somebody planting a The PRESIDING OFFICER. Without Mosque, and since that event, which bomb along the side of the road. Some people are planting those bombs be- objection, it is so ordered. was al-Qaida-inspired, we have been The amendments are as follows: going backward instead of forward and cause they don’t have a job. They don’t AMENDMENT NO. 152 the sectarian violence in Baghdad has have any way to support their family, so they are taking money from the in- (Purpose: To reduce document fraud, prevent gotten worse. identity theft, and preserve the integrity But General Petraeus believes this surgents. Let’s create an economy to give them an option other than plant- of the Social Security system) new strategy is not more people doing At the appropriate place, insert the fol- the same thing. It is a fundamentally ing bombs. Secondly, some people are planting lowing: different shift in policy. I agree with SEC. ll. PRECLUSION OF SOCIAL SECURITY him and hope the country will listen bombs because there is no downside. CREDITS PRIOR TO ENUMERATION. closely to what he says. I have a lot of Once you get caught, you get released. (a) INSURED STATUS.—Section 214 of the So- confidence in General Petraeus. I in- We need a robust rule of law. If you cial Security Act (42 U.S.C. 414) is amended tend to support him. want to change the way our troops are by adding at the end, the following new sub- treated in Iraq, put people in jail for a section: I will not vote for any resolution ‘‘(d)(1) Except as provided in paragraph (2), that declares a strategy of failure be- very long time for attacking our no quarter of coverage shall be credited for fore he has a chance to implement it troops. That will be a deterrent. purposes of this section if, with respect to because if we do that, it is going to be Finally, more military presence will any individual who is assigned a social secu- a very bad sendoff for our troops going put pressure on those making these ex- rity account number on or after the date of into battle. It will embolden the enemy plosive devices. This is a surge on all enactment of the Fair Minimum Wage Act of and weaken the moderates we eventu- fronts. He is confident this plan will 2007, such quarter of coverage is earned prior work. He understands the Iraqi polit- to the year in which such social security ac- ally have to rely on in the Mideast to count number is assigned. help us in the war on terror. ical leadership has to do their part. ‘‘(2) Paragraph (1) shall not apply with re- The strategy will be similar to this: The Iraqi military has to do their part. spect to any quarter of coverage earned by We will be increasing reinforcements But the sectarian violence has come an individual who, at such time such quarter on all fronts. We have had enough mili- about because al-Qaida hit the of coverage is earned, satisfies the criterion tary people in Iraq to clear territory motherload when they blew up the specified in subsection (c)(2).’’. but never hold it. We never lost a bat- Golden Mosque. We cannot let al-Qaida (b) BENEFIT COMPUTATION.—Section 215(e) of such Act (42 U.S.C. 415(e)) is amended— tle with insurgents. We can clear out a win in destabilizing Iraq. They went to (1) by striking ‘‘and’’ at the end of para- town or sector of Baghdad, but once we Iraq behind us because they understand graph (1); leave, we turn it over to an immature that the consequences of success in (2) by striking the period at the end of Iraqi Army or corrupt police force. Iraq are not confined to Iraq. If you paragraph (2) and inserting ‘‘; and’’; and

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(3) by adding at the end the following new er oral or in writing) relating to an agree- ‘‘(2) DATES FOR SUBMISSION.—The report re- paragraph: ment to establish a totalization arrangement quired under this subsection shall be pro- ‘‘(3) in computing the average indexed under this section is not disclosed to Con- vided not later than 2 years after the effec- monthly earnings of an individual who is as- gress in the transmittal to Congress under tive date of the totalization agreement that signed a social security account number on this paragraph of the agreement to establish is the subject of the report and biennially or after the date of enactment of the Fair a totalization arrangement, then such sepa- thereafter. Minimum Wage Act of 2007, there shall not rate agreement or understanding shall not be ‘‘(g) GAO EVALUATION AND REPORT.— be counted any wages or self-employment in- considered to be part of the agreement ap- ‘‘(1) EVALUATION OF INITIAL REPORT ON IM- come for which no quarter of coverage may proved by Congress under this section and PACT OF TOTALIZATION AGREEMENTS.—With be credited to such individual as a result of shall have no force and effect under United respect to each initial report regarding a to- the application of section 214(d).’’. States law. talization agreement submitted under sub- ‘‘(3) For purposes of this subsection, the AMENDMENT NO. 153 section (f), the Comptroller General of the term ‘approval resolution’ means a joint res- United States shall conduct an evaluation of (Purpose: To preserve and protect Social Se- olution, the matter after the resolving curity benefits of American workers, in- the report that includes— clause of which is as follows: ‘That the pro- ‘‘(A) an evaluation of the procedures used cluding those making minimum wage, and posed agreement entered into pursuant to to help ensure greater congressional over- for making the estimates required by sub- section 233 of the Social Security Act be- section (e)(2)(A); sight of the Social Security system by re- tween the United States and lllllll ‘‘(B) an evaluation of the procedures used quiring that both Houses of Congress ap- establishing totalization arrangements be- for determining the actual number of indi- prove a totalization agreement before the tween the social security system established viduals affected by the agreement and the ef- agreement, giving foreign workers Social by title II of such Act and the social security fects of the totalization agreement on re- Security benefits, can go into effect) system of lllllll, transmitted to Con- ceipts and disbursements under the social se- At the appropriate place, insert the fol- gress by the President on llllll, is curity system; and lowing: hereby approved.’, the first two blanks there- in being filled with the name of the country ‘‘(C) such recommendations as the Comp- SEC. ll. TRANSMITTAL AND APPROVAL OF TO- troller General determines appropriate. TALIZATION AGREEMENTS. with which the United States entered into ‘‘(2) REPORT.—Not later than 1 year after (a) IN GENERAL.—Section 233(e) of the So- the agreement, and the third blank therein the date of submission of an initial report re- cial Security Act (42 U.S.C. 433(e)) is amend- being filled with the date of the transmittal garding a totalization agreement under sub- ed to read as follows: of the agreement to Congress. ‘‘(e)(1) Any agreement to establish a total- ‘‘(4) Whenever a document setting forth an section (f), the Comptroller General shall ization arrangement which is entered into agreement entered into under this section submit to Congress a report setting forth the with another country under this section and the President’s report in support of the results of the evaluation conducted under shall enter into force with respect to the agreement is transmitted to Congress pursu- paragraph (1). United States if (and only if)— ant to paragraph (2), copies of such docu- ‘‘(3) DATA COLLECTION.—The Commissioner ‘‘(A) the President, at least 90 calendar ment shall be delivered to both Houses of of Social Security shall collect and maintain days before the date on which the President Congress on the same day and shall be deliv- the data necessary for the Comptroller Gen- enters into the agreement, notifies each ered to the Clerk of the House of Representa- eral of the United States to conduct the House of Congress of the President’s inten- tives if the House is not in session and to the evaluation required by paragraph (1).’’. (c) EFFECTIVE DATE.—The amendments tion to enter into the agreement, and Secretary of the Senate if the Senate is not made by this section shall apply with respect promptly thereafter publishes notice of such in session. ‘‘(5) On the day on which a document set- to agreements establishing totalization ar- intention in the Federal Register, ting forth the agreement is transmitted to rangements entered into under section 233 of ‘‘(B) the President transmits the text of the House of Representatives and the Senate the Social Security Act which are trans- such agreement to each House of Congress as pursuant to paragraph (1), an approval reso- mitted to Congress on or after January 1, provided in paragraph (2), and lution with respect to such agreement shall 2007. ‘‘(C) an approval resolution regarding such be introduced (by request) in the House by AMENDMENT NO. 154 agreement has passed both Houses of Con- the majority leader of the House, for himself gress and has been enacted into law. or herself and the minority leader of the (Purpose: To improve access to affordable ‘‘(2)(A) Whenever an agreement referred to House, or by Members of the House des- health care) in paragraph (1) is entered into, the Presi- ignated by the majority leader and minority At the appropriate place, insert the fol- dent shall transmit to each House of Con- leader of the House; and shall be introduced lowing: gress a document setting forth the final legal (by request) in the Senate by the majority SEC. ll. NON-GROUP HIGH DEDUCTIBLE text of such agreement and including a re- leader of the Senate, for himself or herself HEALTH PLAN PREMIUMS OPTIONS. port by the President in support of such and the minority leader of the Senate, or by (a) IN GENERAL.—Section 223(d)(2)(C) of the agreement. The President’s report shall in- Members of the Senate designated by the Internal Revenue Code of 1986 (relating to ex- clude the following: majority leader and minority leader of the ceptions) is amended by striking ‘‘or’’ at the ‘‘(i) An estimate by the Chief Actuary of Senate. If either House is not in session on end of clause (iii), by striking the period at the Social Security Administration of the ef- the day on which such an agreement is trans- the end of clause (iv) and inserting ‘‘, or’’, fect of the agreement, in the short term and mitted, the approval resolution with respect and by adding at the end the following new in the long term, on the receipts and dis- to such agreement shall be introduced in clause: bursements under the social security system that House, as provided in the preceding sen- ‘‘(v) a high deductible health plan, other established by this title. tence, on the first day thereafter on which than a group health plan (as defined in sec- ‘‘(ii) A statement of any administrative ac- that House is in session. The resolution in- tion 5000(b)(1)).’’. tion proposed to implement the agreement troduced in the House of Representatives (b) EFFECTIVE DATE.—The amendment and how such action will change or affect ex- shall be referred to the Committee on Ways made by this section shall apply to taxable isting law. and Means and the resolution introduced in years beginning after December 31, 2007. ‘‘(iii) A statement describing whether and the Senate shall be referred to the Com- AMENDMENT NO. 106, AS MODIFIED how the agreement changes provisions of an mittee on Finance.’’. agreement previously negotiated. (b) ADDITIONAL REPORTS AND EVALUA- Mr. ENZI. Madam President, in a ‘‘(iv) A statement describing how and to TIONS.—Section 233 of the Social Security while, we will take some action on Sen- what extent the agreement makes progress Act (42 U.S.C. 433) is amended by adding at ator SESSIONS’ amendment. I would in achieving the purposes, policies, and ob- the end the following new subsections: like to make a couple comments on jectives of this title. ‘‘(f) BIENNIAL SSA REPORT ON IMPACT OF that amendment before we get to that ‘‘(v) An estimate by the Chief Actuary of TOTALIZATION AGREEMENTS.— point. This might be an appropriate ‘‘(1) REPORT.—For any totalization agree- the Social Security Administration, working time. in consultation with the Comptroller Gen- ment transmitted to Congress on or after eral of the United States, of the number of January 1, 2007, the Commissioner of Social Last year, Congress undertook the individuals who may become eligible for any Security shall submit a report to Congress most sweeping changes to pension law benefits under this title or who may other- and the Comptroller General that— since the enactment of ERISA. It was a wise be affected by the agreement. ‘‘(A) compares the estimates contained in major milestone and resulted in the ‘‘(vi) An assessment of the integrity of the the report submitted to Congress under most comprehensive change to work- retirement data and records (including birth, clauses (i) and (v) of subsection (e)(2)(A) with ers’ and their families’ pension and re- death, and marriage records) of the other respect to that agreement with the actual tirement savings in the past 32 years. country that is the subject of the agreement. number of individuals affected by the agree- The Pension Protection Act could ‘‘(vii) An assessment of the ability of such ment and the actual effect of the agreement country to track and monitor recipients of on social security system receipts and dis- not have been enacted without bipar- benefits under such agreement. bursements; and tisan cooperation, but it took more ‘‘(B) If any separate agreement or other ‘‘(B) contains recommendations for adjust- than Republicans and Democrats work- understanding with another country (wheth- ing the methods used to make the estimates. ing together. The Pension Protection

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S899 Act resulted from a deep commitment Americans have no type of pension Mr. ENZI. Madam President, too toward cooperation between the Fi- plan at all in their workplace. And often when we debate the issue of min- nance Committee, which oversaw the today, Americans have negative sav- imum wage, we focus on abstract ideas tax provisions of the bill, and the ings rates for the first time since the and proposals and fail to consider the Health, Education, Labor, and Pen- Great Depression. impact of our actions on the small sions Committee, which oversaw the In order to guarantee a secure retire- business community that lives and pensions provisions. ment for Americans, we need to ensure breathes in the real world. I appreciate On the Health, Education, Labor, and that the three legs of retirement secu- the cooperation with Senator REID and Pensions Committee, we had pre- rity are all there: Social Security, pri- others, focused around Senator BAUCUS viously taken a strong bipartisan look vate pensions, and personal savings. and Senator GRASSLEY, working in a at retirement issues and retirement Each one of these legs plays a vital very bipartisan way to put together a savings as part of our pension over- role, and we need to strengthen all package that would help to relieve sight duties. The new chairman of the three—Social Security, private pen- some of the impact of the minimum committee has stated he will continue sions, and personal savings. wage increase. I hope everyone has no- the committee’s strong pension over- I know the Senator from Alabama ticed that in the minimum wage debate sight responsibilities in order to pro- has proposed ideas for creating and ex- we have been having, the debate has tect and strengthen the retirement panding personal savings. Our staff has not been over whether to raise the min- savings so that workers and their fami- been talking about these ideas and imum wage. The debate has been on lies may prosper long into their retire- many proposals are being developed by what we can do to alleviate some of the ment years. Senator BAUCUS, Senator BINGAMAN, impact on small business. I hope that The sense-of-the-Senate resolution Senator CONRAD, and others. I look for- is the way we can continue the discus- before us expresses the sentiment that ward to continuing to work with Sen- sion on this, too. saving for retirement is important. We ator ENZI, Senator MIKULSKI, and Sen- I mentioned earlier today that you all agree with that point. The fact is ator BYRD on our Retirement Security need to meet some of these small busi- that savings opportunities are avail- Subcommittee. nessmen. They are in your neighbor- able almost everywhere, but many This is an area of enormous concern hood. You can meet them easily. They workers do not take advantage of it. for working families in this country— run the laundry, corner grocery, little what is going to happen during their By this sense-of-the-Senate resolution, retail stores. For the most part they golden years. They look forward to So- we are not advocating any particular are families who are eking out a living cial Security, and we are going to have retirement programs or initiatives over while they are taking on a lot of risk. to address that issue. We are going to others on the books already or pro- They do have these moments that they have to address the Medicare issue, wonder why they undertook that risk posed to be introduced. We are simply which will begin to run out of funds in, and how they are going to continue to saying that people ought to save I believe, 2018. fund that risk. Sometimes they are enough to maintain their standard of We know that defined benefit pro- paying employees when they can’t even living during their golden years, and grams have been collapsing over the afford to pay themselves, and their they ought to invest prudently so that years, and 401(k)s that have tried to fill families are relying on the business to their savings will be safe when they do in have not played the role that defined support them as a family, too, particu- retire. benefit plans played in terms of giving larly considering all the risks they are Better financial education and in- answers to workers, and we have seen taking. vestment advice is needed. Automatic that the personal savings accounts Sometimes they are forced to come enrollment rules that were enacted in brought out during the discussions by up with additional funds to pay their the Pension Protection Act will help Senator ENZI and Senator SESSIONS workers on what we will be mandating. people learn to save. New default in- have been in rapid decline. Those funds do not come from a money vestment regulations, when finalized, The indicators are all moving in the tree or some pot of gold at the end of will help too. wrong direction, in terms of a firm, se- the rainbow. They come out of the In that respect, progress has been cure, dependable, and reliable retire- pockets of the Nation’s small business- made in saving for retirement, but ment program for working families in men. It is the penalty they pay for tak- much needs to be done. this country. We should find ways to ing the risks associated with running a I am happy to join with my col- work to encourage a change in that small business. leagues in reiterating the commitment policy. The first hearing I held in Wyoming by supporting the sense-of-the-Senate At the appropriate time, when the was as part of the Small Business Com- resolution. Senator comes back, we will dispose of mittee. We had a hearing on some of I yield the floor. the Senator’s amendment. We are at an the problems of small business. When it The PRESIDING OFFICER. The Sen- appropriate time. was over, one of the reporters came up ator from Massachusetts. Madam President, I ask unanimous and said: You only had about 100 small Mr. KENNEDY. Madam President, I consent that at 4:45 p.m. today, the businessmen attend this. Why do you expect we will vote at a quarter to 5 or Senate proceed to a vote on or in rela- suppose it was such a poor turnout? so on the Sessions amendment. I will tion to the Session’s amendment No. I said: That wasn’t a poor turnout vote in favor and urge my colleagues to 106, as modified; that there be 2 min- from small business. If small business vote in favor. utes of debate equally divided and con- had an extra employee to send to a Americans who have worked hard trolled between Senator KENNEDY and day’s conference, they would fire him. and played by the rules for a lifetime Senator SESSIONS prior to the vote; and They can’t afford extra people. deserve a secure retirement. They de- that no second-degree amendment be in With that realization, it was a good serve to be able to enjoy their golden order to the amendment prior to the turnout and there were a lot of good years, spend time with their families, vote. suggestions. I always like to go back to and rest after a lifetime of hard work. The PRESIDING OFFICER. Without Wyoming and meet with the people and We need to be sure they have the in- objection, it is so ordered. actually talk to the guy on the end of come they need for gasoline, prescrip- Mr. KENNEDY. Madam President, I the shovel because he usually has the tion drugs, and other needs of daily liv- suggest the absence of a quorum. best suggestions for changing the shov- ing. The PRESIDING OFFICER. The el. I found that to be true of the small As my friend and colleague, Senator clerk will call the roll. businessmen. ENZI, pointed out, we passed a com- The assistant legislative clerk pro- This afternoon we agreed to an prehensive bill last year. It was the re- ceeded to call the roll. amendment that will provide for easier sult of years of work by the HELP and Mr. ENZI. Madam President, I ask compliance with Federal rules and reg- Finance Committees. That work took unanimous consent the order for the ulations, and I appreciate the bipar- steps to strengthen our pension system quorum call be rescinded. tisan action that was taken. That will and increase retirement savings, but The PRESIDING OFFICER. Without make a huge difference to small busi- we still have a long way to go. Half of objection, it is so ordered. nessmen.

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S900 CONGRESSIONAL RECORD — SENATE January 23, 2007 We could consider that the action we These are very real and difficult essary responses to meeting increased are about to take will be making it bad questions that impact our smallest em- costs—not just the increased costs of business for people to hire people who ployers most heavily. These increases the minimum wage. Unfortunately, need some help and support in devel- must be paid for by employers and, as these actions ultimately hurt the very oping their skills by that method, I said before, the money doesn’t grow workers the minimum wage increase is making them higher wage workers. on trees. An employer must make hard designed to help. That cannot help but cost some people decisions about how to meet these in- Some would say raise the prices. their jobs. In other instances, the creased payroll obligations. That is not always possible in the short hours they need will be cut back, hours When costs go up, most businesses run. In the long run there may be some that they need to get a good paycheck. first look to cut expenses. The choices flexibility because this is going to be We cannot leave the floor today feel- they have can be difficult and have imposed on everybody and will drive up ing better about having helped ease the often already been used. To meet high- prices. Of course, when it drives up income strain for many of the workers er mandated payroll costs, a small em- prices, it kind of eliminates the benefit of our States but having left the em- ployer may be forced to consider cut- of the increase in the minimum wage. ployers wondering how to pay for the ting back on benefits such as health in- In the real world, small employers have increases we have mandated. Once surance, retirement, or leave plans—al- to consider these types of options to again, we have the best of intentions, though a lot of small businesses can’t cope with mandated increases in wages. but, once again, we have to remember afford to provide those in the first Small business owners who themselves one simple rule: It is not our money. place. favor a minimum wage increase none- We are, once again, reaching into the It is simply too easy to forget that theless recognize that any increase pockets of the small businessmen in fringe benefits have a significant cost. may result in having to make these our community and taking their Most employees don’t realize the ben- tough choices. money and telling them the amount of efit they are getting when they get In a recent front-page Washington wages they will pay their employees those. If a small employer has to re- Post article, the owner of a discount without regard to the talents and abili- duce expenses to meet payroll, those store in Kansas noted that, while he ties of the employees they can hire. are often the costs that go. felt a wage of $7.25 seemed fair, he also We have this huge job training corps I know of a video store—I was talk- noted that his profit margin was thin out there. It is called small businesses. ing to a young man who works in the and that wages are his biggest control- They take people who don’t have the Senate now, and he used to work in the lable expense. He said: If wages go up, skills that are necessary for the small Senate and part-time in a video store. hours will have to come down. And the business they are operating and they When the minimum wage went up last question will become: Whose, his teach them how to run a cash register, time, what the video store did was in- stockman who works 6 hours a day and how to count change, how to interact stead of having two people at the store takes care of a wife who is blind and with a customer, how to dress appro- at the close of business, they only had arthritic or should it be another work- priately. one, and only having one isn’t nearly er who is ill and is on a waiting list for You might think these are all things as safe as having two. But that was the an organ transplant and needs more that might be covered in school class- choice that the owner had to make in hours rather than fewer or yet another es, and they are, if you take the right order to be able to meet the payroll. employee who is 22 years old and preg- classes. But there are a lot of people We have seen some charts where, in nant? These are hard realities that are who not only don’t take the right States where there has been a raise in faced by many small employers and classes, they drop out of school. They minimum wage, there has been an in- those who work with them. need to earn a living and they have to crease in number of jobs as well. I ap- I ask unanimous consent that an ar- start somewhere earning a living. To preciate those charts and believe those ticle from the Washington Post that came out recently—I congratulate the earn that living they have to have charts to be accurate. What those writer of that article—be printed in the some training, some basic job training. charts are doing, though, is aggre- RECORD. A lot of these small businesses are gating for the entire State. What we There being no objection, the mate- where they get that basic business are doing is imposing this on one busi- rial was ordered to be printed in the training, and they kind of get it for ness at a time, one employee at a time. RECORD, as follows: free. The businessmen provide that in- It really gets down to as local as poli- [From the Washington Post, Jan. 10, 2007] formation, and most of the people in tics ever gets. Those small business- LIFE AT $7.25 AN HOUR the minimum wage level move up rath- men believe that individuals matter, (By David Finkel) er quickly. As they learn those skills, that people matter, and they are forced ATCHISON, KS.—It was payday. Money, at they get paid more. I know a lot of into some of these choices. There are last. Twenty-two-year-old Robert Iles want- businesses where they have the min- not a whole lot of ways they can com- ed to celebrate. ‘‘Tonight, chimichangas!’’ he imum wage situation that lasts about 3 pensate for the change. announced. weeks if the people learn enough to ad- I have a chart that shows how to cut He was on his way out of the store where vance so they can actually wait on the costs when there are none to cut. This his full-time job pays him $7.25 an hour—the customer. came from the Washington Post. It rate that is likely to become the nation’s What we are talking about is a blan- says: new minimum wage. Life at $7.25; This is the ket increase that will warm the hearts life of Robert Iles and with $70 in a wallet We’re at the bottom. If the minimum wage that had been empty that morning, he head- of those who lack the skills for higher went up, I don’t know how we would make ed to a grocery store where for $4.98 he wage jobs as it leaves the employers the cuts to cover it . . . the employee said. bought not only 10 chimichangas but two out in the cold, unless we do the Reid The lone salaried employee, she burritos as well. package. Any increase in the minimum works 80 hours a week to make up for From there he stopped at a convenience wage must be offset by a small business the lack of workers. ‘‘I have mixed store, where for $16.70 he filled the gas tank tax incentive package. feelings,’’ she continued. ‘‘I know that of the car he purchased when he got his raise As a former small business owner of to $7.25; then he went to another grocery people can’t afford to live on $5.15 an stores where he got a $21.78 money order to mom-and-pop shoe stores, let me walk hour. But on the business side, small pay down some bills, including $8,000 in med- through the realities of how business businesses can’t afford to pay it.’’ ical bills from the day he accidentally sliced owners may address a mandated Fed- There are examples like that that are open several fingers with a knife while try- eral minimum wage hike. Raising the real-life situations that do make it dif- ing to cut a tomato; and then he headed to- minimum wage to $7.50 imposes a 41- ficult. That is the lone employee in a ward the family trailer 19 miles away, where percent increase in labor costs for a store. his parents were waiting for dinner. small employer with minimum wage Beyond cutting fringe benefits, small Today in Washington, the House is sched- uled to vote on whether to increase the fed- workers. Every employer must face the businesses may need to consider cut- eral minimum wage from $5.15 to $7.25. Pas- very real issue of how he or she will ting back work hours, eliminating sage is expected, with Senate approval soon deal with this increase in the costs and overtime, or laying off workers. Such to follow, and if President Bush signs the re- still meet the payroll week after week. actions are traditional and often nec- sulting bill into law, as he indicated he

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S901 would, the U.S. minimum wage would rise customer was looking at as she said to a workers. ‘‘I have mixed feelings,’’ she contin- for the first time since 1997, ending a debate friend, ‘‘I just don’t know how I’m ever going ued. ‘‘I know that people can’t afford to live about whether such a raise would be good or to make it. My ex-husband’s not paying his on $5.15 an hour. But on the business side, bad for the economy. child support’’? That’s a dollar, too, as is the small businesses can’t afford to pay it.’’ But even if the matter is settled in Con- home pregnancy test, the most shoplifted At the register, meanwhile, Shannon Wilk, gress, it isn’t settled at all in Atchison, and item in the store. 33, who makes $6.25 an hour, said that of Robert Iles’s drive home is proof. Every stop ‘‘This is not a wealthy community,’’ Bower course she would like to earn more money. It he made on his ride home revealed a dif- explained. ‘‘The thing is, a lot of people de- would help her. It would help her 18-month- ferent facet of how complicated the min- pend on this store.’’ old daughter. ‘‘It would be good,’’ she said, imum wage can be in the parts of America Robert Iles has his own version of a dol- ‘‘but also, for me, I live in income-based where, instead of a debatable issue, it is a lar’s meaning, learned last February when housing, and if I get a raise, my rent would way of life. Bower took him aside and said he would be go up, and I would lose my assistance.’’ Even At the store where Iles works, for instance, getting a pay raise to $7.25. ‘‘Okay,’’ Iles re- the tiniest raise would affect her, she said, the owner thinks the minimum wage should members replying, wanting to seem business- and with nowhere to go, the last thing she be increased as a moral issue but worries like. ‘‘But inside I was doing the cha-cha- can afford is a raise to $7.25. about which employees’ hours he will have cha,’’ he said. ‘‘It was like going from lower In such an equation, the fact that she was to cut to compensate. class to lower middle class.’’ working in Kansas was to her benefit. Atch- At the store where he bought the Soon after, he bought his car, a used 2005 ison sits on the Kansas-Missouri border, and chimichangas, the cashier who makes $6.25 Dodge Neon, and just about every workday if Wilk worked a few hundred yards to the worries that a raise will force her out of her since then he has spent his lunch break in east, she would already be in jeopardy: In subsidized apartment and onto the street. the driver’s seat, eating a bologna sandwich November Missouri voters supported a ballot At the convenience store where he bought with the engine off to save gas, even in win- initiative increasing the state’s minimum gas, the owner worries that he will have to ter. An hour later, he was back behind the wage to $6.50, with an annual adjustment for either raise prices, angering his customers, cash register, telling customers ‘‘Thank you inflation. Five other states had similar or make less money, ‘‘and why would I want and have a nice day’’ again and again. votes, with similar results, bringing to 29 the to make less money?’’ And meanwhile, Jack Bower wondered number that now require an hourly wage At the store where he got the money order, whose hours he will cut if he has to give his above the federal minimum, In the District the worries are about Wal-Mart, which not employees a raise. the minimum is $7, in Maryland it’s $6.15, only supports an increase but also built a It’s not that he’s against raising the min- and in Virginia it’s $5.15. Supercenter on the edge of town that has imum wage—‘‘I don’t think $5.15 is ade- Such is the arbitrariness of state-by-state been sucking up customers since it opened quate,’’ he said, adding that $7.25 seems minimum wage laws that Wilk feels lucky to three years ago. fair—but his profit margin is thin, and wages be in Kansas making $6.25 an hour while in- As for Iles—who keeps $70 out of every pay- are his biggest controllable expense. So if side at the first grocery store across the Mis- check to cover two weeks’ worth of food and wages go up, he said, hours will have to come souri state line, the cashier was ecstatic that gas and in a matter of minutes was already down, and the question will become: Whose? she was in a place where her pay was going down to $26.54—his worry was as basic as how Will it be Neil Simpson, 66, who works six from $6.20 to $6.50, explaining, ‘‘That’s 30 fast to drive home. hours a day as a stockman, and then five cents more I ain’t got.’’ Drive too fast and he’d be wasting gas. But more hours somewhere else cleaning floors, Iles handed over a $10 bill for his 10 his family was waiting. And his and takes care of a wife who is blind and ar- chimichangas and two burritos. He stuffed chimichangas, best cooked frozen, were thritic? the change deep in his pocket, and headed starting to thaw. Will it be Susan Irons 57, who was infected next to a convenience store owned by a man THE MEANING OF A DOLLAR with hepatitis C from a blood transfusion, is named Bill Murphy, who said that if he had The debate about the minimum wage usu- on a waiting list for a liver transplant and the chance to talk to new House Speaker ally comes down to jobs. If Congress ap- needs more hours rather than fewer? Nancy Pelosi, he would ask one question. proves the increase it will result in raises for Will it be Christina Lux, who is 22 years ‘‘Where does she think the money will come an estimated 13 million Americans, or about old and 13 weeks pregnant? from? And that is the question,’’ he said. Will it be Iles? 9 percent of the total workforce. That’s a ‘‘My wages are going to go up 10 percent.’’ ‘‘Attention, all shoppers,’’ he said into the percentage that most economists agree Unlike Jack Bower who would compensate microphone. ‘‘We will be closing in 10 min- would cause a modest increase in national by cutting hours. Murphy said that in his utes. Please begin making your final selec- unemployment. In Kansas, however, ‘‘it two convenience stores there are no hours to tions.’’ Ten minutes later, he was clocked would have a fairly significant impact,’’ said cut. ‘‘I’m going to have to raise my prices,’’ out and back in his Neon. ‘‘My brand new Beth Martino, a spokeswoman for the state he said—not only because his workers who car,’’ he called it proudly, and he explained Department of Labor. According to one inde- make less than the new minimum wage how he was able to afford it on $7.25 an hour: pendent analysis, 16 percent of the work- would get raises but also because those who a no-money-down loan for which he will pay force, or 237,000 workers, would be affected— earn more would insist on raises as well. Em- $313.13 a month until 2012. and that doesn’t include the 20,000 whose ployees at $7.25 will want $8.25. Those at $8.25 wages aren’t governed by the federal Fair SMALL BUSINESS ‘‘AT BOTTOM’’ will want $9.25. Labor Standards Act and earn the state min- Seven dollars and twenty-five cents an Economists classify such workers as the imum wage of $2.65. That rate, the lowest in hour equals $15,080 per year, and out of that ones who would be indirectly affected by a the nation and unchanged since 1988, hints at comes $313 for the car loan and $100 for car minimum-wage increase. Of the estimated 13 the prevailing wisdom in Kansas about the insurance, Iles said, going over his monthly million workers expected to get raises, 7.4 minimum wage, which is that the only way bills. An additional $90 for the 1995 car with million are in that category. ‘‘You’ve cre- low-wage earners will make more is through 135,000 miles on it that he is buying from a ated this entitlement,’’ Murphy said he congressional action. friend for his mother, $150 for the family would tell Pelosi. And yet he will pay it, he said, and com- This holds true from Topeka, where the phone bills, $35 on his credit card, $100 for pensate with price increases, which he wor- powerful Kansas Chamber of Commerce has gas $100 toward the mortgage on the trailer. ries will be inflationary, even though most long opposed any raise, to rural Mulvane, ‘‘That’s about it. Oh yeah, $20 in doctors’ economists say that won’t happen. He will home of Republican state legislator Ted bills,’’ he said, and totaled it up on fingers raise prices he continued, because the only Powers, who says his futile effort three scarred by surgical stitches. Nine hundred other option would be to earn less money, year’s ago to raise the state minimum wage and eight dollars. ‘‘I bring home 900 a which he doesn’t want to do because he owes resulted in his being branded a ‘‘dirty dog,’’ month,’’ he said. ‘‘So I very rarely have any $1.5 million on his businesses and wouldn’t to Atchison, a working-class city of 11,000 money for myself.’’ want to default. where the stores that depend on low-wage He parked in front of a store called Always ‘‘Now that might be a stretch in some peo- workers include one called ‘‘Wow Only Low Prices, which has the cheapest ple’s minds, from giving a guy a raise to not $1.00!’’ This is the store where Robert Iles chimichangas in town. being able to pay the bank, but that’s the has worked for five years. Once it was a full-service grocery store path I’m talking about,’’ he said. Against ‘‘Robert, would you help me a second?’’ with 28 employees. Then came word that such a dire backdrop, Iles put $17 worth of Jack Bower, the owner, called to Iles soon Wal-Mart was looking for land for a Super- gas in his car. after opening, as the line at the cash register center, and now it has become a bare-bones ‘‘That’ll be $16.70,’’ the clerk said to him, grew. A onetime Wal-Mart vice president, operation where the starting pay for its few and instead of correcting this. Iles gladly Bower moved back to Atchison several years employees is $5.50, and the manager wonders took the change. ago to teach and ended up buying the old how the store will survive if wages increase. Thirty cents, suddenly got. J.C. Penney store, and now runs a business ‘‘We’re at the bottom. If the minimum where the meaning of a dollar is displayed on wage went up, I don’t know how we would THE WAL-MART FACTOR shelf after shelf. The jar of Peter Piper’s Hot make the cuts to cover it,’’ Michelle Henry Iles drove past the Atchison Inn, where Dog Relish? That’s what a dollar is worth. said. The lone salaried employee, she works starting pay i$ $5.15, past Movie Gallery, The Wolfgang Puck Odor Eliminator that a 80 hours a week to make up for the lack of where it’s also $5.15, and stopped in front of

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S902 CONGRESSIONAL RECORD — SENATE January 23, 2007 Country Mart, the fanciest grocery store in $6.50 an hour as an aide at a nursing home, ple. They can work 24 hours a day, 7 town, where high school students start at quit to take care of her husband. days a week, 365 days a year. We don’t $5.15 and, according to owner Dennis Garrett, ‘‘We’re pretty much living off my money,’’ pay them any health benefits. We may ‘‘some of them aren’t worth that.’’ Iles said, and in he went to cook them din- have a little bit of maintenance done A few days earlier, Garrett had gotten a ner, bring payday to an end and, the next letter from a lobbying consortium called the morning, start the cycle again. on them. They don’t get any vacation. Coalition for Job Opportunities, urging him Life at $7.25. Should that be the minimum Employees are still necessary. I keep to write Congress to protest the minimum- wage? telling people that you can’t outsource wage increase. It came in the form of a letter ‘‘Yes,’’ Iles said. the fact when your toilet is plugged already written, to which he merely had to Even if it hurts job opportunities for peo- and you need some help or when your add his congressman’s name and send it off ple like him, as Dennis Garrett had sug- electric switch doesn’t work, there are to Washington. ‘‘We are very concerned,’’ the gested? a lot of hands-on things that abso- letter began. and it was signed by 25 organi- ‘‘Yes.’’ lutely require people. But they are fig- zations. Or causes price increases, as Bill Murphy uring out ways to automate a lot of The most conspicuous signature, though, had suggested? was the one that wasn’t there, that of Wal- ‘‘Yes.’’ these things. In Gillette, WY, where I Mart, the nation’s largest private employer, Or damages businesses such as Always Low am from, we have this huge worker with 1.3 million workers. Wal-Mart won’t say Prices? shortage, and as I have said a number how many of those workers earn less than ‘‘I mean, it’s tough for me, and I’m already of times, I keep encouraging people to what the new minimum wage would be, but making $7.25 an hour.’’ go west and find the new frontier and if the Atchison store is an example, starting Or causes Jack Bower to reduce hours for get some good jobs. But when they are pay is $6 an hour. one of his employees? Perhaps for Iles him- pinched, they come up with some other Nonetheless, in October 2005, Wal-Mart self? chief executive H. Lee Scott Jr. said in a ‘‘It’s just so hard for people. I mean it’s ways of doing things. The drive-up for speech that the ‘‘U.S. minimum wage of $5.15 hard,’’ Iles said, and then he went to work. our McDonald’s is actually handled out an hour has not been raised in nearly a dec- ‘‘I think it’ll be bad today,’’ one of the of California. When you drive up to the ade, and we believe it is out of date with the workers suggested as the line at the Wow little window and you order your Big times,’’ He went on to say, ‘‘Our customers Only $1.00! cash register began to form. Mac, you are actually talking to some- simply don’t have the money to buy basic ‘‘Well, it depends on your perspective,’’ Iles one in California who uses the Internet necessities between paychecks.’’ said. to send the order back to the people When it comes to Wal-Mart, however, just Mr. ENZI. The author of the article who are putting it all together to give about any announcement that affects public is really a master at showing how all of policy is greeted with suspicion, and that has to you when you get in your car. They been the case with the minimum wage. Some these things are intertwined. It is very have been able to increase the number have said that Wal-Mart, in need of good revealing and makes a good case for of drive-throughs substantially using publicity, is supporting an increase for pub- the increase in the minimum wage. But lower paid—this kind of amazes me— lic relations reasons; others have declared it it does show some of the decisions that out of California. So automation is one an attempt to drive small, independently will have to be made and how that will of the answers. owned stores out of business. affect other people, some of whom will Beyond these cost-cutting measures These suspicions exist in Atchison as well. be in a similar situation. of eliminating benefits, reducing hours, As in many small communities, Wal-Mart defines local retail, and just as Always Low In a similar vein, when confronted by downsizing, laying off employees, re- Prices had to retool itself, Country Mart was higher labor costs, employers will nat- ducing low-skill and entry-level em- significantly affected by Wal-Mart’s new urally gravitate toward filling posi- ployment, and automating, employers food-stocked Supercenter several miles tions with their most highly skilled, may also have to face up to the pros- away. experienced, and productive workers pect of increasing the price of their What is Wal-Mart up to? What are its true available. Once again, this phenomenon goods and services. Price increases motives? Like many others, Dennis Garrett of replacing low-skilled with high- caused by mandated cost increases wonders. He imagines public relations is part skilled workers in the face of rising of it, but he didn’t want to speculate on bring their own catalog of ills. Such in- whether this was an attempt to put him out labor costs winds up harming the very creases drive inflation and cause all of business, except to say that raising some workers an increase in the minimum consumers to ultimately pay the price wages wouldn’t do that. He’d reduce some wage seeks to help. The minimum wage of these mandates. The irony is that as hours, he said. He’d manage. positions are very often the entryway the cost of these labor increases is Yes, Atchison businesses would be hurt ini- into the world of work for those who passed to the consumers, it affects ev- tially, but in the long run, if unemployment lack skills and experience. I can’t say eryone, including the minimum wage increases, those hurt the most would be the that enough. I am hoping the Work- very ones Wal-Mart insists would be helped— worker, whose recently increased the customers, especially the younger ones, force Investment Act will kind of come wages are suddenly devalued by the in- ‘‘the people who don’t advance their edu- out of this whole process, too, and pro- creased price for goods and services cation and need a job between the ages of 16 vide some additional training so people that impact them as well. So on this and 21, 22, 23.’’ with less skills can have more skills ladder of success, we have kind of re- In other words, many of the workers in and get some of the choice jobs that moved the lower rung of it. So it is a Atchison, one of whom was now at Garrett’s this country has to offer. But man- little bigger step to get up there, and service counter buying a money order so he dated increases in the minimum wage could pay bills. Even though Iles has a some of them aren’t going to be able to checking account, this is the method he pre- run the risk of closing that entryway make the step because of some of the fers because if he were to pay by check, and to many. ways that it has to be adjusted. the check were to bounce because of insuffi- Another option, of course, for em- In the same Washington Post article cient funds, the penalty would be dev- ployers that has to be considered is au- I mentioned earlier, another small em- astating. A $25 fee would require more than tomation as an alternative to a paid ployer who owns two convenience three hours of work. employee. Does this sound farfetched? stores noted that he simply does not And where would those hours come from? Consider how the automated teller ma- have the option of cutting hours to ‘‘IT’S TOUGH FOR ME’’ chines, the ATMs, have replaced tell- meet his increased payroll burden. In- So go the calculations of a $7.25 worker, ers, how the self-checkout lane at stead, he noted: I am going to have to now headed home. many establishments has replaced the raise my prices. He indicated if he had ‘‘It’s an old trailer,’’ he explained earlier in the day. clerk, and the drive-through has re- the chance to talk with Speaker The heat doesn’t work, he said, and the placed the waiter, and in toll booths PELOSI about the minimum wage, he water heater works sporadically. the EZ Pass has replaced the toll col- would ask one question, and that is: One of the bedroom ceilings is caving in. lector—not all of them, but a lot of Where does she think the money will He sleeps in the other bedroom, and his par- them who use the EZ Pass eliminate come from? Of course, it can be argued ents sleep in the living room because his fa- toll collectors. We have seen some that his customers, if he raises the ther, who has diabetes and had to have sev- eral inches of one of his feet amputated, charts on how productivity goes up price for the candy bar or the cup of can’t really get around. when the minimum wage goes up. coffee, will go somewhere where it is Also, his father has leukemia. And is le- Sometimes productivity goes up when cheaper, and that is a good possibility. gally blind. And his mother, who once made machines are instituted in place of peo- That means that in order to maintain

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S903 the business, if he is going to raise centive package as a much-needed off- stuck for the last 10 years at $5.15. those prices, he has to have employees set to the increased Federal wage. There are people who have knocked on who give better service, quicker serv- I think this is a tremendous oppor- doors, there are people who have ice, and that goes back to the on-the- tunity for us to do the right thing in stuffed envelopes and there are people job training I was mentioning that a all aspects, and I hope there will be who have phoned into radio stations lot of these small businesses do. They good bipartisan support. I understand and people who have written letters to have to have the good service in order the desire to have a clean minimum the editors and people who have met to keep their loyal customers. Some- wage, but that is what we have been with Members of Congress all over this times that doesn’t just hinge on the going through for a couple of years country. People have marched, at- price of the candy bar or a cup of cof- now, and we are finally talking bipar- tended parades, and demonstrated. fee. tisan. I think that was something that They have spoken out for fairness and I believe almost all of us recognize came out of the elections. I am pleased justice for workers. Tomorrow we will these economic realities and that none to see it is operating, and we will see have a real opportunity to respond to of us want them to come about. It is how long it continues. I hope it con- that. for those precise reasons that the sub- tinues through the entire session. I am very hopeful, as a result of the stitute amendment contains provisions AMENDMENT NO. 108, AS MODIFIED votes tomorrow, we will be well on the designed to enable our smallest em- Mr. ENZI. Madam President, I ask way toward this body supporting ac- ployers to meet the obligations im- unanimous consent that the Sessions tion that has taken place in the House posed by a minimum wage increase amendment No. 108 be modified with of Representatives and a vote for an in- without resorting to the difficult per- the changes at the desk, and I urge its crease in the minimum wage. There sonnel choices, the consumer price in- adoption, as modified. will be those who will go to bed tonight creases or all of the other things I men- The PRESIDING OFFICER. Without who have been working long and hard tioned. objection, it is so ordered. The amend- for $5.15 an hour. They may work one Yesterday, I spoke briefly about the ment is so modified. job, and many of them, 300,000 Ameri- fact that in legislating, it is often im- The amendment (No. 108), as modi- cans, work two full-time jobs. They portant to find a third way. In this in- fied, is as follows: probably keep saying a prayer, and stance, the third way is one that will At the appropriate place insert the fol- they are keeping their fingers crossed provide an increase in the minimum lowing: that in the Senate, tomorrow will pro- wage but also provide relief to the SEC. ll. STUDY OF UNIVERSAL USE OF AD- vide at least some additional breath of most affected small businesses so that VANCE PAYMENT OF EARNED IN- hope to them and to their families, to they don’t experience employee dis- COME CREDIT. their loved ones, that can make a dif- location, a reduction in employment Not later than 180 days after the date of ference in terms of their lives and what opportunities for low-skilled and entry- the enactment of this Act, the Secretary of a difference this can make. level workers or an increase in con- the Treasury shall report to Congress on a study of the benefits, costs, risks, and bar- As we have mentioned, it may be sumer prices that takes away the real riers to workers and to businesses (with a more than a year’s worth of groceries value of any wage increase. special emphasis on small businesses) if the to some families or it may be the tui- The third way is represented by the advance earned income tax credit program tion for a community college. It could real value of any wage increase. The (under section 3507 of the Internal Revenue be 20 months of child care for some third way is represented by the sub- Code of 1986) included all recipients of the workers. It could be heating and elec- stitute amendment that was the prod- earned income tax credit (under section 32 of tric bills for 19 months, all measured in uct of extensive bipartisan support, such Code) and what steps would be nec- a few months, for things that so many essary to implement such inclusion. Democrats and Republicans working of us, certainly in this body, take for together, acknowledging the fact that The PRESIDING OFFICER. The granted. But out there in so many com- mandated cost increases can have neg- question is on agreeing to the amend- munities across the country, people ative economic effects. So together we ment, as modified. fight and struggle to try and achieve developed a means of addressing those The amendment (No. 108), as modi- those goals. concerns in the form of a bipartisan fied, was agreed to. So this is a very important vote. We substitute amendment. I can’t empha- Mr. ENZI. Madam President, I move have important votes and some not so size enough how pleased I am with the to reconsider the vote. important votes in this body, but to- cooperation I saw as people worked out Mr. KENNEDY. I move to lay that morrow will be one of great importance different alternatives. There were cer- motion on the table. and consequence. I think it will be a tainly a wide variety of them that were The motion to lay on the table was defining issue about what kind of soci- done and I think with some concentra- agreed to. ety we are; what is the measure of our tion particularly on how they would af- AMENDMENT NO. 107 WITHDRAWN decency and the measure of our hu- fect small business. I would reiterate Mr. ENZI. Madam President, I ask manity in this body. So I am very the bipartisan support of that small unanimous consent that the Sessions hopeful as to the outcome, and we urge business tax incentive package. There amendment No. 107 be withdrawn. our colleagues to give us their support. are key Democratic leaders who have The PRESIDING OFFICER. Without We will have an opportunity to make acknowledged the need for the package objection, it is so ordered. comments tomorrow morning briefly to offset any wage increase in order to Mr. ENZI. Madam President, I yield before we vote on these measures. We not disenfranchise the employers and the floor. thank all of our Members for all of their workers. Mr. KENNEDY. Madam President, in their cooperation and their help to So I hope we won’t make this par- about 6 or 7 minutes, we will be having Senator ENZI and myself over the last tisan now. As I mentioned yesterday, a vote, and then I would expect the several days. So with that I would indi- the Senator from Massachusetts, Mr. President’s State of the Union Address cate to our colleagues that in approxi- KENNEDY, and I have gone head to head will place demands on the Members, so mately 2 minutes or so we will begin on raising the minimum wage three that will mean we will probably move the vote on the Sessions amendment, times in the past several years. Each over until tomorrow. As I mentioned an amendment which both I and Sen- time, the votes were set up for each earlier, I hope our colleagues will vote ator ENZI support. side to fail. This time around, we in support of the Sessions amendment Madam President, I suggest the ab- worked to come up with a third way in for the reasons I have outlined. sence of a quorum. order to get the job done. I hope that I think an important message ought The PRESIDING OFFICER. The all efforts to try and unravel this third to go out to families and to workers all clerk will call the roll. way that will most likely result in a over this country and many others who The assistant legislative clerk pro- minimum wage increase isn’t aban- have worked long and hard to try and ceeded to call the roll. doned for the sake of making partisan urge the Senate of the United States to Mr. ENZI. Mr. President, I ask unani- messages. I urge my colleagues to con- move on the minimum wage issue and mous consent that the order for the tinue to support the small business in- raise the minimum wage, as it has been quorum call be rescinded.

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S904 CONGRESSIONAL RECORD — SENATE January 23, 2007 The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Without otherwise. Veterans get better pharma- SALAZAR). Without objection, it is so objection, it is so ordered. ceutical care than private or public ordered. f hospitals, according to a study last Mr. ENZI. I yield back, with the con- year published in the Archives of Inter- VA and Medicare Drug Price sent of both sides, the 2 minutes that nal Medicine. Negotiation was to be available on both sides. I VA’s mail order pharmacy has been yield back that time. Mr. AKAKA. Mr. President, much has criticized, as well. VA employs nearly The PRESIDING OFFICER. Without been said recently about the way in 10,000 pharmacists and technicians and objection, it is so ordered. which VA purchases drugs and the is regarded by many pharmacy organi- Mr. ENZI. I request the yeas and manner in which medications are pro- zations as excellent. VA also operates nays. vided to beneficiaries. This discussion 230 outpatient pharmacies. VA also The PRESIDING OFFICER. Is there a has been a part of the ongoing debate trains more doctors of pharmacy than sufficient second? to allow Medicare to negotiate for any other single organization in the There is a sufficient second. drugs on behalf of its beneficiaries. U.S. And most significantly, while the The question is on agreeing to Concerns have been raised about vet- error rate for prescriptions in the U.S. amendment No. 106, as modified. erans’ access to drugs, the quality of is between 3 and 8 percent, the error The clerk will call the roll. the benefit, and VA’s formulary and rate in VA is less than one one-hun- The assistant legislative clerk called pricing. Veterans medication coverage dredth of one percent. the roll. has been misunderstood. I would like In VA, new drugs are reviewed on Mr. DURBIN. I announce that the to take this opportunity to set the their merits and are made available Senator from Delaware (Mr. BIDEN) and record straight about the process by quickly if they provide distinct bene- the Senator from South Dakota (Mr. which VA achieves drug cost savings fits. Safety and how well a drug works JOHNSON) are necessarily absent. and the level of care afforded to vet- are the most important considerations I further announce that, if present erans. in the review process, followed by cost. and voting, the Senator from Delaware VA is different than Medicare for a I could go on. We know that VA gets (Mr. BIDEN) would vote ‘‘yea.’’ variety of reasons, there is no doubt, the best prices, but I think the essen- The PRESIDING OFFICER. Are there but I believe some lessons can be ap- tial question is: Do veterans get the any other Senators in the Chamber de- plied to address Medicare drug prices. necessary drugs to promote the best siring to vote? While there is no question that VA’s health care? The answer—based on The result was announced—yeas 98, formulary is an important component peer-reviewed studies—is a resounding nays 0, as follows: of VA pharmacy management, deci- yes. The quality of medical care in VA is significantly higher for overall qual- [Rollcall Vote No. 21 Leg.] sions about which drugs are on the for- mulary are not made by bureaucrats ity in chronic care and preventative YEAS—98 care. Akaka Dorgan Menendez nor are they made by those solely con- cerned about the bottom line. And if some believe that veterans Alexander Durbin Mikulski aren’t happy with their drug access and Allard Ensign Murkowski VA employs a scientific review proc- Baucus Enzi Murray ess to select drugs to be available to pricing, it is news to me, and to the ad- Bayh Feingold Nelson (FL) beneficiaries and to ensure quality ministration. Just last week, VA an- Bennett Feinstein Nelson (NE) care. Physicians and clinical phar- nounced results of a survey done by an Bingaman Graham Obama independent reviewer of customer sat- Bond Grassley macists from the VA’s regional offices Pryor isfaction. For the seventh straight Boxer Gregg Reed manage the formulary. Brown Hagel Reid While some concern has been ex- year, the Department of Veterans Af- Brownback Harkin Roberts fairs has received significantly higher Bunning Hatch Rockefeller pressed that the VA formulary covers Burr Hutchison ratings than the private health care in- Salazar only 30 percent of the 4,300 drugs avail- Byrd Inhofe dustry. VA’s marks keep continuing to Sanders Cantwell Inouye able on Medicare’s market-priced for- Schumer rise. Cardin Isakson mulary, this is not the case. Rather, it Sessions When veterans’ groups testify before Carper Kennedy is my understanding that VA actually Shelby Congress about their needs and desires, Casey Kerry offers 11 percent more drugs than are Chambliss Klobuchar Smith the only thing they say about their Clinton Kohl Snowe available under Part D of Medicare. Specter drug coverage is that they want to Coburn Kyl VA offers 4,778 drugs by way of a keep it the way it is. Cochran Landrieu Stabenow ‘‘core’’ national formulary which re- Coleman Lautenberg Stevens Peer-reviewed studies, veterans serv- Collins Leahy Sununu quires that they must be made avail- ice organizations, polls, and consumer Conrad Levin Tester able at all VA medical care facilities. If reports consistently testify to the su- Thomas Corker Lieberman a drug is needed which is not on the periority of VA health care over pri- Cornyn Lincoln Thune formulary, VA has a quick process to Craig Lott Vitter vate sector care. The VA formulary has Crapo Lugar Voinovich ensure that the drug will be prescribed. been repeatedly reviewed and approved DeMint Martinez Warner This off-formulary process is so robust, by Congress, GAO and the Institute of Dodd McCain Webb in fact, that last year, VA dispensed Dole McCaskill Whitehouse Medicine. Consumer choice provides Domenici McConnell Wyden prescriptions for an additional 1,416 clear insight into the success of the VA drugs. So, to put a finer point on this, pharmacy management system. NOT VOTING—2 when a non-formulary medication is We can learn a number of lessons Biden Johnson clinically needed—it is provided. from the VA as we consider Medicare The amendment (No. 106), as modi- To those who argue that VA’s for- price negotiations. I support drug price fied, was agreed to mulary is ‘‘among the most restrictive negotiation by Medicare. As chairman Mr. DURBIN. I move to reconsider in the marketplace,’’ I would only say of the Veterans Affairs Committee, I the vote. that the Institute of Medicine took a will closely monitor the evolution of Mr. LEVIN. I move to lay that mo- good long look at VA and found that in this issue to ensure VA retains access tion on the table. many respects it is actually less re- to affordable drugs. The gains that can The motion to lay on the table was strictive than other public or private be made in Medicare—and the improve- agreed to. formularies. ment of quality—are just too great to f The chairman of the IOM committee do nothing. said that if VA did not have a for- I ask unanimous consent that the MORNING BUSINESS mulary process like it has, they would VA’s summary of the study to which I Mr. DURBIN. Mr. President, I ask have indeed urged that one be created previously referred be printed in the unanimous consent that the Senate just like it. RECORD. proceed to a period of morning business Some have suggested that veterans There being no objection, the mate- with Senators permitted to speak receive substandard care because of the rial was ordered to be printed in the therein for up to 10 minutes each. VA drug benefit The literature says RECORD, as follows:

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S905 JOURNAL ARTICLE PRAISES VA HEALTH passed out of the Senate last week, in- tated by hands-on learning and per- CARE—SECRETARY NICHOLSON: FURTHER cludes the most sweeping ethics reform sonal experience. A terrific example of PROOF OF VA’S TOP QUALITY CARE measures since Watergate. this effort is the Uni-Capitol Wash- WASHINGTON.—‘‘One of the most striking There is one point that I discussed ington Internship Programme, in examples of American health care success’’— and pushed forward during last year’s which outstanding college students that is one medical journal’s recent assess- debate that I believe needs to again be from seven of Australia’s top univer- ment of the health care system operated by the Department of Veterans Affairs (VA). part of what we are doing now. Last sities compete for the opportunity to The most recent tribute to VA’s health year I offered a sense-of-the-Senate serve as interns for Members of the care system came in an article in the med- amendment to make many of the re- U.S. Congress. In its eighth year, the ical journal Neurology. forms we have considered throughout program has facilitated internships for ‘‘The quality of VA’s health care system is this ethics debate apply to all branches 68 Australian students thus far. recognized by medical professionals and, of Government. I am pleased that this I am fortunate to be able to partici- most importantly, by veterans,’’ said Sec- sense of the Senate was accepted and is pate this year. Charis Tierney from retary of Veterans Affairs Jim Nicholson. included in the underlying bill. Brisbane, Queensland, has been a won- ‘‘Repeatedly, the medical community holds up VA’s health care system as a model.’’ During the debate last week, I filed derful addition to my office this win- ‘‘The VA has achieved remarkable im- an amendment, No. 71, which builds ter. She says of this opportunity: provements in patient care and health out- upon the principle behind this sense of The UCWIP has been a once in a lifetime to comes, and is a cost-effective and efficient the Senate—that the standards em- not only observe but participate in the work organization,’’ according to the journal. For ployed in this bill should be the min- of the U.S. Congress. Working within Sen- example, the article cited VA’s comprehen- imum standards that guide the other ator Crapo’s office has given me the kind of sive coverage and said it is especially suited branches of Government. I thought this unique appreciation for the United States Senate’s work that can only be gained from to manage chronic disease. was a good amendment—in fact, a nec- Dr. Michael J. Kussman, VA’s Acting behind the scenes. My daily interaction with Under Secretary for Health, said the article essary amendment—that ought to be the fantastic staff of the Senator’s office has underscores the Department’s commitment accepted into this bill. Unfortunately, only enhanced the experience. to high quality patient care. that did not happen. I have spoken I offer my congratulations to Direc- ‘‘This shows that VA’s health system is with some of my colleagues and under- tor Eric Federing and his wife Daphne recognized internationally as the benchmark stand that though there is general sup- for their support and dedication of this for health care services,’’ Dr. Kussman said. port for the principle that ethics stand- important educational program. The ‘‘It further demonstrates that our commit- ards in the executive branch should be additional activities such as visits to ment to high quality care is benefiting the as stringent as those made applicable men and women who have earned the best historic sites, meetings with other gov- possible care through service to our coun- by this bill, some of my colleagues be- ernment agencies and outside organiza- try.’’ lieve the provisions of this amendment tions and special events helps enhance The Neurology article is the second recent warrant further evaluation. Though I the experience for these promising study citing the quality of VA health care. am disappointed this amendment will young women and men. The Federings’ In December, a comprehensive study by Har- not be included on this bill, I respect commitment to comprehensive bilat- vard Medical School said federal and mili- and appreciate the importance and tary hospitals, such as those run by the VA, eral civic education has made it pos- value of committee evaluation and will sible for students like Charis to take provide the best care available anywhere for look forward to working on this issue some of the most common life-threatening their experiences here in the legisla- illnesses. as that committee process proceeds. tive branch of the U.S. Government In 2006, VA received the prestigious ‘‘Inno- Mr. LIEBERMAN. I would like to back to Australia and apply lessons vations in American Government’’ Award thank my friend and colleague from learned as they pursue their own from Harvard’s Kennedy School of Govern- Nebraska for bringing this amendment course of study across a wide range of ment for its advanced electronic health and important issue forward. The Sen- academic pursuits. records and performance measurement sys- ate Committee on Homeland Security This valuable program bridges the tem. and Governmental Affairs has jurisdic- 9,000 miles that separate the United Mr. AKAKA. I yield the floor. tion over these issues which impact the States and Australia with the friend- The PRESIDING OFFICER. The Sen- executive branch. As chairman of that ship of shared experiences and realiza- ator from Massachusetts. committee, I can appreciate that this tion and application of common goals Mr. KENNEDY. Mr. President, I amendment warrants more thorough and interests. thank the Senator, my friend from Ha- evaluation and deliberation. Later this f waii, for his excellent presentation. I year, the committee will consider the pay tribute to him for his extraor- reauthorization of the Office of Govern- RECOGNIZING CONNIE dinary work on behalf of the veterans ment Ethics—the executive branch’s FEUERSTEIN of this country. He has been the real ethics arm. I look forward to working Ms. STABENOW. Mr. President, I leader in the Senate on this issue, par- with my friend from Nebraska on the rise today in celebration of my long- ticularly for those who have suffered issue throughout the year and as we time friend and staff member, Connie the wounds of war. He has been a tire- consider this reauthorization and other Feuerstein. After working with me for less advocate to make sure we get the matters. over a decade, Connie has decided to very best focus and attention to them. Mr. NELSON of Nebraska. I thank join her husband, Jack, in retirement. We have listened to him frequently. I my good friend from Connecticut. I ap- Long before joining my staff, Connie hope the Senate will pay close atten- preciate his thoughtfulness in this de- was active in her church, community, tion to his words and his findings and bate, and I look forward to discussing and Genesee County politics. Her ef- his urging for this body. it further as his committee proceeds forts were critical in my successful I thank him for his comments, as al- this year. campaign for the U.S. House of Rep- ways. f resentatives in 1996, and I am so fortu- nate that she was willing to join my f UNI-CAPITOL WASHINGTON congressional staff. AMENDMENT NO. 71 TO S. 1 INTERNSHIP PROGRAMME For Connie, her work has always Mr. NELSON of Nebraska. Mr. Presi- Mr. CRAPO. Mr. President, as mod- been so much more than just a job. She dent, as I have mentioned before, last ern communication makes our world brings such passion and energy to ev- year Washington was rocked by the increasingly smaller, linking global so- erything she does. Whether it is at- Abramoff scandal and other misdeeds. I cieties at unprecedented business, gov- tending a community event, walking in am pleased that Congress has shown it ernment and social levels, it is critical a parade or advocating on behalf of a is taking seriously its responsibility to that America and other democracies family or for the needs of her commu- the American people by revisiting and worldwide engage in a process of ongo- nity, Connie always gives 110 percent tightening the rules and laws that gov- ing co-education about the efforts and to whatever she is doing. ern Members of the Senate. Many have work of democratic governments. This As a district representative in my said that S.1, which overwhelmingly educational exchange is best facili- congressional offices in Brighton and

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S906 CONGRESSIONAL RECORD — SENATE January 23, 2007 Flint and a regional manager in my Hummel was nominated for a Pul- ting-edge approach to community Flint/Saginaw/Bay office in the Senate, itzer Prize in 1980 and the National emergency response shines as a model Connie has been my link to the com- Sportswriters and Sportscasters Asso- for all communities in Kentucky and munity. She is a respected community ciation named him Missouri Sports- the United States. This is a true exam- leader in her own right. Through the writer of the Year on four separate oc- ple of Kentucky at its finest and a years, she has mentored interns and casions. Now as the 57th winner of the leadership example to the entire Com- staff members, many of whom have J.G. Taylor Spink Award, presented monwealth.∑ caught her zeal for public service and annually for ‘‘meritorious contribu- f have kept in touch with her long after tions to baseball writing,’’ Hummel they left the office. will be recognized in a permanent ex- TRIBUTE TO JANE BOLIN My staff and I will miss her sense of hibit at the National Baseball Hall of ∑ Mrs. CLINTON. Mr. President, today humor, boundless energy, optimism Fame. He joins such legendary sports- I honor the life and legacy of Ms. Jane and enthusiasm, although I am certain writers as Red Smith, Ring Lardner, Bolin. that retirement will not stop her from Grantland Rice, and Damon Runyon. Jane Matilda Bolin of Queens, NY, staying involved. I also know that I congratulate Rick Hummel on this passed away on Monday, January 8, many people in Michigan, whose lives achievement and recognize his accom- 2007 after a lifetime of public service. she touched through her work, will plishments throughout his long and In 1939, Ms. Bolin was the first Black miss her. successful career. woman to become a judge in the United Upon leaving the Senate, Connie f States, and she continued to serve hon- plans to spend time in Florida, where ADDITIONAL STATEMENTS orably on the bench for the next 40 she will be closer to one of her daugh- years. Her lifelong dedication to social ters and her three precious grand- justice, civil rights, and to the better- children. She has a love for life that is TRIBUTE TO ERLANGER, ment of our American society serves as contagious and I know her family will KENTUCKY, FIRE DEPARTMENT an inspiration to us all. appreciate having more of her time and ∑ Mr. BUNNING. Mr. President, today I A trailblazer in so many arenas, Ms. attention. wish to pay tribute to the city of Er- Bolin pursued her goals in the face of Mr. President, I am sad because I am langer, KY, which is the recipient of widespread discrimination and preju- losing a trusted and valued member of the 2006 Award for Municipal Excel- dice. She was the first Black woman to my staff, but I am happy to see a dear lence at the National League of Cities’ graduate from Yale Law School, the friend move on to new challenges, and Congress of Cities. This city’s Tiered first to join the New York City Bar As- I wish her the best of everything. Advanced Life Support System Pro- sociation, and the first to work in the f gram for Emergency Medical Services city’s legal department. In addition to RECOGNIZING RICK HUMMEL earned Erlanger the Gold Award, which being a fellow Yale Law graduate, she Mr. DURBIN. Mr. President, I rise is presented to cities that have a popu- and I also share the same under- today to honor one of our Nation’s fin- lation below 50,000 people. By winning graduate alma mater. Ms. Bolin at- est sportswriters, Rick Hummel, and this prestigious award, the Erlanger tended Wellesley College in the 1920s as congratulate him on receiving the J.G. Fire Department and Emergency Med- one of only two Black freshmen. She Taylor Spink Award, the highest honor ical Services, EMS, team exhibit the went on to graduate as a Wellesley awarded by the Baseball Writers Asso- power of hard work as well as their Scholar, an honor given only to the top ciation of America. dedication to their community while 20 students in her class. The great sportswriter, Red Smith, serving as an example to the rest of the Ms. Bolin’s tenacity set a powerful once said ‘‘There’s nothing to writing. United States. example for the women of my genera- All you do is sit down at a typewriter Since 1989, the goal of the Awards for tion. In 1958, she commented on the and open a vein.’’ He meant, of course, Municipal Excellence has been to rec- struggle for women’s rights that ‘‘we that writing is not easy. Sports writing ognize cities that improve the lives of have to fight every inch of the way and can be particularly challenging, but citizens in their communities. These in the face of sometimes insufferable when done well it can be some of the awards identify and feature out- humiliations.’’ And Ms. Bolin never best journalistic writing there is. Rick standing city and town programs that stopped fighting. She spoke out against Hummel does it well. show innovation in enhancing the qual- segregation in her native Those who know Hummel best call ity of life in America’s communities. Pougkheepsie. She used her position on him the ‘‘Commish’’ a nickname he The fire department and city of Er- the bench to end the assignment of pro- earned by organizing the newsroom’s langer recognize the need to have para- bation officers and the placement of softball and bowling league teams. medic response and transport capabili- children in childcare agencies on the Over the years, the moniker has taken ties for the safety and welfare of the basis of race. As a family court judge, on deeper meaning. Today, it serves as citizens in its community of 17,000 peo- she heard cases ranging from homicides a nod to his extensive knowledge of the ple. After debating several options, and battered spouses to child support game of baseball and as a tribute to his they found a fire service-based EMS de- and paternity suits. venerable career. livery model that was affordable and Jane Bolin was truly a remarkable Rick Hummel was born and raised in could be enacted immediately. This woman. Quincy, IL. He graduated from Quincy model provides two cross-trained EMS I offer my deepest sympathies to her High School in 1964, went on to earn a firefighters on a transport rescue unit, son, Yorke B. Mizzle, and to all those degree from the University of Missouri followed by a cross-trained firefighter whose lives she enriched. My thoughts School of Journalism, and then served paramedic in a staff car who can assist and prayers are with her family during in the U.S. Army for 3 years. and ride in the rescue ambulance with this difficult time.∑ Hummel joined the staff of the St. the patient. If the patient does not f Louis Post-Dispatch in 1971. At the need advanced life support, the para- Post-Dispatch, he learned the ropes, as medic is ready to respond immediately TRIBUTE TO JOHN AND JILL many sportswriters do, by covering to the next emergency call. This model MAHAN high school athletics. Hummel was delivers the best medical care available ∑ Mr. BUNNING. Mr. President, today I given his first chance to write about and keeps more firefighters on the pay tribute to John and Jill Mahan, an the World Champion St. Louis Car- street to deliver the highest quality exceptional young couple from Ken- dinals in 1973. By 1978, covering the fire protection. This joint partnership tucky who are the recipients of the Cardinals was Hummel’s full-time job. has made a positive difference in both American Farm Bureau Young Farm- He spent the next 24 years as a beat re- fire and EMS delivery services in the ers and Ranchers National Achieve- porter and continues to write for the community of Erlanger. ment Award. By winning this pres- Post-Dispatch as a regular columnist. I congratulate the city of Erlanger, tigious award, the Mahans exhibited an Hummel is passionate about baseball, KY, for receiving this Award for Mu- unprecedented passion and skill for but as a writer he is known for his un- nicipal Excellence. By using an innova- farming, beating out competition from complicated style and humility, as well tive approach to address an important across the United States. as his ability to work with players, community need, they have created The American Farm Bureau Young coaches, and managers alike. this outstanding program. This cut- Farmers and Ranchers National

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S907 Achievement Award is presented to REPORT ON THE STATE OF THE new jobs . . . so far. Unemployment is young farmers and ranchers across the UNION DELIVERED TO A JOINT low, inflation is low, and wages are ris- United States who demonstrate knowl- SESSION OF CONGRESS ON JANU- ing. This economy is on the move—and edge and achievement in agriculture, ARY 23, 2007—PM 2 our job is to keep it that way, not with as well as a steadfast strength and goal The PRESIDING OFFICER laid be- more government but with more enter- of promoting the agricultural commu- fore the Senate the following message prise. Next week, I will deliver a full report nity. With the average age of American from the President of the United on the state of our economy. Tonight, farmers increasing steadily as the States, together with an accompanying years go by, it is refreshing to see a I want to discuss three economic re- report; which was ordered to lie on the forms that deserve to be priorities for young couple like the Mahans embrace table: the financial and labor-intensive plight this Congress. that is common in the field of agri- To the Congress of the United States: First, we must balance the Federal culture. Thank you very much. Tonight, I budget. We can do so without raising taxes. What we need to do is impose The Mahans own 523 acres of a 2,000- have a high privilege and distinct spending discipline in Washington, D.C. acre farm near their home in Lex- honor of my own—as the first Presi- We set a goal of cutting the deficit in ington, KY. With the changing needs dent to begin the State of the Union half by 2009—and met that goal 3 years facing farmers, they quickly learned to message with these words: Madam ahead of schedule. Now let us take the diversify their production options and Speaker. In his day, the late Congressman next step. In the coming weeks, I will create alternatives for income. Cur- submit a budget that eliminates the rently, the Mahans produce burley to- Thomas D’Alesandro, Jr., from Balti- more, Maryland, saw Presidents Roo- Federal deficit within the next 5 years. bacco, beef cattle, wheat, soybeans, I ask you to make the same commit- corn, and alfalfa. This forward-think- sevelt and Truman at this rostrum. But nothing could compare with the sight ment. Together, we can restrain the ing approach to the ever-changing agri- spending appetite of the Federal Gov- culture market is a clear reason this of his only daughter, Nancy, presiding tonight as Speaker of the House of ernment, and balance the Federal couple experiences continued success budget. in their farming career. Representatives. Congratulations. Two members of the House and Sen- Next, there is the matter of ear- I congratulate John and Jill Mahan marks. These special interest items are ate are not with us tonight—and we on this prestigious award from the often slipped into bills at the last pray for the recovery and speedy re- American Farm Bureau. By winning hour—when not even C–SPAN is watch- turn of Senator Tim Johnson and Con- this national award, they have shown ing. In 2005 alone, the number of ear- gressman Charlie Norwood. the rest of the Nation the strength of marks grew to over 13,000 and totaled Madam Speaker, Vice President Che- the agricultural community in Ken- nearly $18 billion. Even worse, over 90 ney, Members of Congress, distin- tucky along with their personal dedica- percent of earmarks never make it to tion to their remarkable careers in guished guests, and fellow citizens: the floor of the House and Senate— This rite of custom brings us to- farming. They are true examples of they are dropped into Committee re- gether at a defining hour—when deci- Kentucky at its finest.∑ ports that are not even part of the bill sions are hard and courage is tested. that arrives on my desk. You did not We enter the year 2007 with large en- f vote them into law. I did not sign them deavors underway, and others that are into law. Yet they are treated as if ours to begin. In all of this, much is MESSAGES FROM THE HOUSE they have the force of law. The time asked of us. We must have the will to has come to end this practice. So let us At 12:09 p.m., a message from the face difficult challenges and deter- work together to reform the budget House of Representatives, delivered by mined enemies—and the wisdom to process . . . expose every earmark to Ms. Niland, one of its reading clerks, face them together. the light of day and to a vote in Con- Some in this Chamber are new to the announced that the House has passed gress, and cut the number and cost of House and Senate—and I congratulate the following bill, in which it requests earmarks at least in half by the end of the Democratic majority. Congress has the concurrence of the Senate: this session. H.R. 390. An act to require the establish- changed, but our responsibilities have Finally, to keep this economy strong ment of a national database in the National not. Each of us is guided by our own we must take on the challenge of enti- Archives to preserve records of servitude, convictions—and to these we must stay tlements. Social Security and Medicare emancipation, and post-Civil War recon- faithful. Yet we are all held to the and Medicaid are commitments of con- struction and to provide grants to State and same standards, and called to serve the science—and so it is our duty to keep local entities to establish similar local data- same good purposes: To extend this Na- bases. them permanently sound. Yet we are tion’s prosperity . . . to spend the peo- failing in that duty—and this failure The message also announced that ple’s money wisely . . . to solve prob- will one day leave our children with pursuant to 15 U.S.C. 1024(a), and the lems, not leave them to future genera- three bad options: huge tax increases, order of the House of January 4, 2007, tions . . . to guard America against all huge deficits, or huge and immediate the Speaker appoints the following evil, and to keep faith with those we cuts in benefits. Everyone in this Member of the House of Representa- have sent forth to defend us. Chamber knows this to be true—yet tives to the Joint Economic Com- We are not the first to come here somehow we have not found it in our- mittee: Mr. SAXTON of New Jersey. with government divided and uncer- selves to act. So let us work together tainty in the air. Like many before us, and do it now. With enough good sense At 2:15 p.m., a message from the we can work through our differences and good will, you and I can fix Medi- House of Representatives, delivered by and achieve big things for the Amer- care and Medicaid—and save Social Se- Ms. Niland, one of its reading clerks, ican people. Our citizens don’t much curity. announced that the House has agreed care which side of the aisle we sit on— Spreading opportunity and hope in to the following concurrent resolution, as long as we are willing to cross that America also requires public schools in which it requests the concurrence of aisle when there is work to be done. that give children the knowledge and the Senate: Our job is to make life better for our character they need in life. Five years H. Con. Res. 41. Concurrent resolution pro- fellow Americans, and help them to ago, we rose above partisan differences viding for a conditional adjournment of the build a future of hope and oppor- to pass the No Child Left Behind Act— House of Representatives. tunity—and this is the business before preserving local control, raising stand- The message further announced that us tonight. ards in public schools, and holding the House agrees to the amendment of A future of hope and opportunity be- those schools accountable for results. the Senate to the concurrent resolu- gins with a growing economy—and that And because we acted, students are tion (H. Con. Res. 38) providing for a is what we have. We are now in the 41st performing better in reading and math, joint session of Congress to receive a month of uninterrupted job growth—in and minority students are closing the message from the President. a recovery that has created 7.2 million achievement gap.

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S908 CONGRESSIONAL RECORD — SENATE January 23, 2007 Now the task is to build on this suc- There are many other ways that Con- We have made a lot of progress, cess, without watering down standards gress can help. We need to expand thanks to good policies in Washington . . . without taking control from local Health Savings Accounts . . . help and the strong response of the market. communities . . . and without back- small businesses through Association Now even more dramatic advances are sliding and calling it reform. We can Health Plans . . . reduce costs and within reach. Tonight, I ask Congress lift student achievement even higher medical errors with better information to join me in pursuing a great goal. Let by giving local leaders flexibility to technology, encourage price trans- us build on the work we have done and turn around failing schools . . . and by parency . . . and protect good doctors reduce gasoline usage in the United giving families with children stuck in from junk lawsuits by passing medical States by 20 percent in the next 10 failing schools the right to choose liability reform. And in all we do, we years—thereby cutting our total im- something better. We must increase must remember that the best health ports by the equivalent of 3/4 of all the funds for students who struggle—and care decisions are made not by govern- oil we now import from the Middle make sure these children get the spe- ment and insurance companies, but by East. cial help they need. And we can make patients and their doctors. To reach this goal, we must increase sure our children are prepared for the Extending hope and opportunity in the supply of alternative fuels, by set- jobs of the future, and our country is our country requires an immigration ting a mandatory Fuels Standard to re- more competitive, by strengthening system worthy of America—with laws quire 35 billion gallons of renewable math and science skills. The No Child that are fair and borders that are se- and alternative fuels in 2017—this is Left Behind Act has worked for Amer- cure. When laws and borders are rou- nearly 5 times the current target. At ica’s children—and I ask Congress to tinely violated, this harms the inter- the same time, we need to reform and reauthorize this good law. ests of our country. To secure our bor- modernize fuel economy standards for A future of hope and opportunity re- der, we are doubling the size of the cars the way we did for light trucks— quires that all our citizens have afford- Border Patrol—and funding new infra- and conserve up to 8.5 billion more gal- able and available health care. When it structure and technology. lons of gasoline by 2017. comes to health care, government has Yet even with all these steps, we can- Achieving these ambitious goals will an obligation to care for the elderly, not fully secure the border unless we dramatically reduce our dependence on the disabled, and poor children. We will take pressure off the border—and that foreign oil, but will not eliminate it. meet those responsibilities. For all requires a temporary worker program. So as we continue to diversify our fuel other Americans, private health insur- We should establish a legal and orderly supply, we must also step up domestic ance is the best way to meet their path for foreign workers to enter our oil production in environmentally sen- needs. But many Americans cannot af- sitive ways. And to further protect ford a health insurance policy. country to work on a temporary basis. As a result, they won’t have to try to America against severe disruptions to Tonight, I propose two new initia- our oil supply, I ask Congress to double sneak in—and that will leave border tives to help more Americans afford the current capacity of the Strategic agents free to chase down drug smug- their own insurance. First, I propose a Petroleum Reserve. standard tax deduction for health in- glers, and criminals, and terrorists. We America is on the verge of techno- surance that will be like the standard will enforce our immigration laws at logical breakthroughs that will enable tax deduction for dependents. Families the worksite, and give employers the us to live our lives less dependent on with health insurance will pay no in- tools to verify the legal status of their oil. These technologies will help us be- come or payroll taxes on $15,000 of workers—so there is no excuse left for come better stewards of the environ- their income. Single Americans with violating the law. We need to uphold ment—and they will help us to con- health insurance will pay no income or the great tradition of the melting pot front the serious challenge of global payroll taxes on $7,500 of their income. that welcomes and assimilates new ar- climate change. With this reform, more than 100 mil- rivals. And we need to resolve the sta- A future of hope and opportunity re- lion men, women, and children who are tus of the illegal immigrants who are quires a fair, impartial system of jus- now covered by employer-provided in- already in our country—without ani- tice. The lives of citizens across our surance will benefit from lower tax mosity and without amnesty. Nation are affected by the outcome of bills. Convictions run deep in this Capitol cases pending in our Federal courts. At the same time, this reform will when it comes to immigration. Let us And we have a shared obligation to en- level the playing field for those who do have a serious, civil, and conclusive de- sure that the Federal courts have not get health insurance through their bate—so that you can pass, and I can enough judges to hear those cases and job. For Americans who now purchase sign, comprehensive immigration re- deliver timely rulings. As President, I health insurance on their own, my pro- form into law. have a duty to nominate qualified men posal would mean a substantial tax Extending hope and opportunity de- and women to vacancies on the Federal savings—$4,500 for a family of four pends on a stable supply of energy that bench. And the United States Senate making $60,000 a year. And for the mil- keeps America’s economy running and has a duty as well—to give those nomi- lions of other Americans who have no America’s environment clean. For too nees a fair hearing, and a prompt up- health insurance at all, this deduction long, our Nation has been dependent on or-down vote on the Senate floor. would help put a basic private health foreign oil. And this dependence leaves For all of us in this room, there is no insurance plan within their reach. us more vulnerable to hostile regimes, higher responsibility than to protect Changing the tax code is a vital and and to terrorists—who could cause the people of this country from danger. necessary step to making health care huge disruptions of oil shipments . . . Five years have come and gone since affordable for more Americans. raise the price of oil . . . and do great we saw the scenes and felt the sorrow My second proposal is to help the harm to our economy. that terrorists can cause. We have had States that are coming up with innova- It is in our vital interest to diversify time to take stock of our situation. We tive ways to cover the uninsured. America’s energy supply—and the way have added many critical protections States that make basic private health forward is through technology. We to guard the homeland. We know with insurance available to all their citizens must continue changing the way Amer- certainty that the horrors of that Sep- should receive Federal funds to help ica generates electric power—by even tember morning were just a glimpse of them provide this coverage to the poor greater use of clean coal technology what the terrorists intend for us—un- and the sick. I have asked the Sec- . . . solar and wind energy . . . and less we stop them. retary of Health and Human Services clean, safe nuclear power. We need to With the distance of time, we find to work with Congress to take existing press on with battery research for plug- ourselves debating the causes of con- Federal funds and use them to create in and hybrid vehicles, and expand the flict and the course we have followed. ‘‘Affordable Choices’’ grants. These use of clean diesel vehicles and bio- Such debates are essential when a grants would give our Nation’s Gov- diesel fuel. We must continue investing great democracy faces great questions. ernors more money and more flexi- in new methods of producing ethanol— Yet one question has surely been set- bility to get private health insurance using everything from wood chips, to tled—that to win the war on terror we to those most in need. grasses, to agricultural wastes. must take the fight to the enemy.

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S909 From the start, America and our al- ing terrorists like Hezbollah—a group gitimately elected government. In Af- lies have protected our people by stay- second only to al Qaeda in the Amer- ghanistan, Taliban and al Qaeda fight- ing on the offense. The enemy knows ican lives it has taken. ers tried to regain power by regrouping that the days of comfortable sanc- The Shia and Sunni extremists are and engaging Afghan and NATO forces. tuary, easy movement, steady financ- different faces of the same totalitarian In Iraq, al Qaeda and other Sunni ex- ing, and free-flowing communications threat. But whatever slogans they tremists blew up one of the most sa- are long over. For the terrorists, life chant, when they slaughter the inno- cred places in Shia Islam—the Golden since 9/11 has never been the same. cent, they have the same wicked pur- Mosque of Samarra. This atrocity, di- Our success in this war is often meas- poses. They want to kill Americans rected at a Muslim house of prayer, ured by the things that did not happen. . . . kill democracy in the Middle East was designed to provoke retaliation We cannot know the full extent of the . . . and gain the weapons to kill on an from Iraqi Shia—and it succeeded. Rad- attacks that we and our allies have even more horrific scale. ical Shia elements, some of whom re- prevented—but here is some of what we In the 6th year since our Nation was ceive support from Iran, formed death do know: We stopped an al Qaeda plot attacked, I wish I could report to you squads. The result was a tragic esca- to fly a hijacked airplane into the tall- that the dangers have ended. They lation of sectarian rage and reprisal est building on the West Coast. We have not. And so it remains the policy that continues to this day. broke up a Southeast Asian terrorist of this Government to use every lawful This is not the fight we entered in cell grooming operatives for attacks and proper tool of intelligence, diplo- Iraq, but it is the fight we are in. Every inside the United States. We uncovered macy, law enforcement, and military one of us wishes that this war were an al Qaeda cell developing anthrax to action to do our duty, to find these en- over and won. Yet it would not be like be used in attacks against America. emies, and to protect the American us to leave our promises unkept, our And just last August, British authori- people. friends abandoned, and our own secu- rity at risk. Ladies and gentlemen: On ties uncovered a plot to blow up pas- This war is more than a clash of this day, at this hour, it is still within senger planes bound for America over arms—it is a decisive ideological strug- our power to shape the outcome of this the Atlantic Ocean. For each life saved, gle, and the security of our Nation is in battle. So let us find our resolve, and we owe a debt of gratitude to the brave the balance. To prevail, we must re- move the conditions that inspire blind turn events toward victory. public servants who devote their lives We are carrying out a new strategy hatred, and drove 19 men to get onto to finding the terrorists and stopping in Iraq—a plan that demands more airplanes and come to kill us. What them. from Iraq’s elected government, and every terrorist fears most is human Every success against the terrorists gives our forces in Iraq the reinforce- freedom—societies where men and is a reminder of the shoreless ambi- ments they need to complete their mis- tions of this enemy. The evil that in- women make their own choices, answer sion. Our goal is a democratic Iraq that spired and rejoiced in 9/11 is still at to their own conscience, and live by upholds the rule of law, respects the work in the world. And so long as that their hopes instead of their rights of its people, provides them se- is the case, America is still a Nation at resentments. Free people are not drawn curity, and is an ally in the war on ter- war. to violent and malignant ideologies— ror. In the minds of the terrorists, this and most will choose a better way In order to make progress toward war began well before September 11, when they are given a chance. So we this goal, the Iraqi government must and will not end until their radical vi- advance our own security interests by stop the sectarian violence in its cap- sion is fulfilled. And these past 5 years helping moderates, reformers, and ital. But the Iraqis are not yet ready to have given us a much clearer view of brave voices for democracy. The great do this on their own. So we are deploy- the nature of this enemy. Al Qaeda and question of our day is whether America ing reinforcements of more than 20,000 its followers are Sunni extremists, pos- will help men and women in the Middle additional soldiers and Marines to Iraq. sessed by hatred and commanded by a East to build free societies and share in The vast majority will go to Baghdad, harsh and narrow ideology. Take al- the rights of all humanity. And I say, where they will help Iraqi forces to most any principle of civilization, and for the sake of our own security . . . we clear and secure neighborhoods and their goal is the opposite. They preach must. serve as advisers embedded in Iraqi with threats . . . instruct with bullets In the last 2 years, we have seen the Army units. With Iraqis in the lead, and bombs . . . and promise paradise desire for liberty in the broader Middle our forces will help secure the city by for the murder of the innocent. East—and we have been sobered by the chasing down terrorists, insurgents, Our enemies are quite explicit about enemy’s fierce reaction. In 2005, the and roaming death squads. And in their intentions. They want to over- world watched as the citizens of Leb- Anbar province—where al Qaeda terror- throw moderate governments and es- anon raised the banner of the Cedar ists have gathered and local forces tablish safe havens from which to plan Revolution . . . drove out the Syrian have begun showing a willingness to and carry out new attacks on our coun- occupiers . . . and chose new leaders in fight them—we are sending an addi- try. By killing and terrorizing Ameri- free elections. In 2005, the people of Af- tional 4,000 United States Marines, cans, they want to force our country to ghanistan defied the terrorists and with orders to find the terrorists and retreat from the world and abandon the elected a democratic legislature. And clear them out. We did not drive al cause of liberty. They would then be in 2005, the Iraqi people held three na- Qaeda out of their safe haven in Af- free to impose their will and spread tional elections—choosing a transi- ghanistan only to let them set up a their totalitarian ideology. Listen to tional government . . . adopting the new safe haven in a free Iraq. this warning from the late terrorist most progressive, democratic constitu- The people of Iraq want to live in Zarqawi: ‘‘We will sacrifice our blood tion in the Arab world . . . and then peace, and now is the time for their and bodies to put an end to your electing a government under that con- government to act. Iraq’s leaders know dreams, and what is coming is even stitution. Despite endless threats from that our commitment is not open worse.’’ And Osama bin Laden declared: the killers in their midst, nearly 12 ended. They have promised to deploy ‘‘Death is better than living on this million Iraqi citizens came out to vote more of their own troops to secure Earth with the unbelievers among us.’’ in a show of hope and solidarity we Baghdad—and they must do so. They These men are not given to idle should never forget. have pledged that they will confront words, and they are just one camp in A thinking enemy watched all of violent radicals of any faction or polit- the Islamist radical movement. In re- these scenes, adjusted their tactics, ical party. They need to follow cent times, it has also become clear and in 2006 they struck back. In Leb- through, and lift needless restrictions that we face an escalating danger from anon, assassins took the life of Pierre on Iraqi and Coalition forces, so these Shia extremists who are just as hostile Gemayel, a prominent participant in troops can achieve their mission of to America, and are also determined to the Cedar Revolution. And Hezbollah bringing security to all of the people of dominate the Middle East. Many are terrorists, with support from Syria and Baghdad. Iraq’s leaders have com- known to take direction from the re- Iran, sowed conflict in the region and mitted themselves to a series of bench- gime in Iran, which is funding and arm- are seeking to undermine Lebanon’s le- marks to achieve reconciliation—to

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S910 CONGRESSIONAL RECORD — SENATE January 23, 2007 share oil revenues among all of Iraq’s military—so that the American Armed the expanded trade and debt relief that citizens . . . to put the wealth of Iraq Forces are ready for all the challenges are the best hope for lifting lives and into the rebuilding of Iraq . . . to allow ahead. Tonight I ask the Congress to eliminating poverty. more Iraqis to re-enter their nation’s authorize an increase in the size of our When America serves others in this civic life . . . to hold local elections active Army and Marine Corps by 92,000 way, we show the strength and gen- . . . and to take responsibility for secu- in the next 5 years. A second task we erosity of our country. These deeds re- rity in every Iraqi province. But for all can take on together is to design and flect the character of our people. The of this to happen, Baghdad must be se- establish a volunteer Civilian Reserve greatest strength we have is the heroic cured. And our plan will help the Iraqi Corps. Such a corps would function kindness, courage, and self-sacrifice of government take back its capital and much like our military reserve. It the American people. You see this spir- make good on its commitments. would ease the burden on the Armed it often if you know where to look— My fellow citizens, our military com- Forces by allowing us to hire civilians and tonight we need only look above to manders and I have carefully weighed with critical skills to serve on missions the gallery. the options. We discussed every pos- abroad when America needs them. And Dikembe Mutombo grew up in Africa, sible approach. In the end, I chose this it would give people across America amid great poverty and disease. He course of action because it provides the who do not wear the uniform a chance came to Georgetown University on a best chance of success. Many in this to serve in the defining struggle of our scholarship to study medicine—but Chamber understand that America time. Coach John Thompson got a look at must not fail in Iraq—because you un- Americans can have confidence in the Dikembe and had a different idea. derstand that the consequences of fail- outcome of this struggle—because we Dikembe became a star in the NBA, ure would be grievous and far reaching. are not in this struggle alone. We have and a citizen of the United States. But If American forces step back before a diplomatic strategy that is rallying he never forgot the land of his birth— Baghdad is secure, the Iraqi govern- the world to join in the fight against or the duty to share his blessings with ment would be overrun by extremists extremism. In Iraq, multinational others. He has built a brand new hos- on all sides. We could expect an epic forces are operating under a mandate pital in his hometown. A friend has battle between Shia extremists backed from the United Nations—and we are said of this good-hearted man: by Iran, and Sunni extremists aided by working with Jordan, Saudi Arabia, ‘‘Mutombo believes that God has given al Qaeda and supporters of the old re- Egypt, and the Gulf States to increase him this opportunity to do great gime. A contagion of violence could support for Iraq’s government. The things.’’ And we are proud to call this spill out across the country—and in United Nations has imposed sanctions son of the Congo our fellow American. time the entire region could be drawn on Iran, and made it clear that the After her daughter was born, Julie into the conflict. world will not allow the regime in Aigner-Clark searched for ways to For America, this is a nightmare sce- Tehran to acquire nuclear weapons. share her love of music and art with nario. For the enemy, this is the objec- With the other members of the Quar- her child. So she borrowed some equip- tive. Chaos is their greatest ally in this tet—the U.N., the European Union, and ment, and began filming children’s vid- struggle. And out of chaos in Iraq Russia—we are pursuing diplomacy to eos in her basement. The Baby Einstein Company was born—and in just 5 years would emerge an emboldened enemy help bring peace to the Holy Land, and her business grew to more than $20 mil- with new safe havens . . . new recruits pursuing the establishment of a demo- lion in sales. In November 2001, Julie . . . new resources . . . and an even cratic Palestinian state living side-by- sold Baby Einstein to the Walt Disney greater determination to harm Amer- side with Israel in peace and security. Company, and with her help Baby Ein- ica. To allow this to happen would be In Afghanistan, NATO has taken the to ignore the lessons of September 11 stein has grown into a $200 million lead in turning back the Taliban and al and invite tragedy. And ladies and gen- business. Julie represents the great en- Qaeda offensive—the first time the Al- tlemen, nothing is more important at terprising spirit of America. And she is liance has deployed forces outside the this moment in our history than for using her success to help others—pro- North Atlantic area. Together with our America to succeed in the Middle East ducing child safety videos with John partners in China, Japan, Russia, and . . . to succeed in Iraq . . . and to spare Walsh of the National Center for Miss- South Korea, we are pursuing intensive the American people from this danger. ing and Exploited Children. Julie says This is where matters stand tonight, diplomacy to achieve a Korean penin- of her new project: ‘‘I believe it is the in the here and now. I have spoken sula free of nuclear weapons. And we most important thing that live ever with many of you in person. I respect will continue to speak out for the done. I believe that children have the you and the arguments you have made. cause of freedom in places like Cuba, right to live in a world that is safe.’’ We went into this largely united—in Belarus, and Burma—and continue to We are pleased to welcome this tal- our assumptions, and in our convic- awaken the conscience of the world to ented business entrepreneur and gen- tions. And whatever you voted for, you save the people of Darfur. erous social entrepreneur—Julie did not vote for failure. Our country is American foreign policy is more than Aigner-Clark. pursuing a new strategy in Iraq—and I a matter of war and diplomacy. Our Three weeks ago, Wesley Autrey was ask you to give it a chance to work. work in the world is also based on a waiting at a Harlem subway station And I ask you to support our troops in timeless truth: To whom much is with his two little girls, when he saw a the field—and those on their way. given, much is required. We hear the man fall into the path of a train. With The war on terror we fight today is a call to take on the challenges of hun- seconds to act, Wesley jumped onto the generational struggle that will con- ger, poverty, and disease—and that is tracks . . . pulled the man into a space tinue long after you and I have turned precisely what America is doing. We between the rails . . . and held him as our duties over to others. That is why must continue to fight HIV/AIDS, espe- the train passed right above their it is important to work together so our cially on the continent of Africa—and heads. He insists he’s not a hero. Wes- Nation can see this great effort because you funded our Emergency ley says: ‘‘We got guys and girls over- through. Both parties and both Plan for AIDS Relief, the number of seas dying for us to have our freedoms. branches should work in close con- people receiving life-saving drugs has We got to show each other some love.’’ sultation. And this is why I propose to grown from 50,000 to more than 800,000 There is something wonderful about a establish a special advisory council on in 3 short years. I ask you to continue country that produces a brave and the war on terror, made up of leaders funding our efforts to fight HIV/AIDS. humble man like Wesley Autrey. in Congress from both political parties. I ask you to provide $1.2 billion over 5 Tommy Rieman was a teenager We will share ideas for how to position years so we can combat malaria in 15 pumping gas in Independence, Ken- America to meet every challenge that African countries. I ask that you fund tucky, when he enlisted in the United confronts us. And we will show our en- the Millennium Challenge Account, so States Army. In December 2003, he was emies abroad that we are united in the that American aid reaches the people on a reconnaissance mission in Iraq goal of victory. who need it, in nations where democ- when his team came under heavy One of the first steps we can take to- racy is on the rise and corruption is in enemy fire. From his Humvee, Ser- gether is to add to the ranks of our retreat. And let us continue to support geant Rieman returned fire—and used

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S911 his body as a shield to protect his gun- ‘‘Approval and Promulgation of Air Quality By Mr. BINGAMAN (for himself and ner. He was shot in the chest and arm, Implementation Plans; Designation of Areas Mr. SMITH): and received shrapnel wounds to his for Air Quality Planning Purposes; Arizona; S. 360. A bill to amend the Internal Rev- enue Code of 1986 to expand expenses which legs—yet he refused medical attention, Miami Sulfur Dioxide State Implementation Plan and Request for Redesignation to At- qualify for the Hope Scholarship Credit and and stayed in the fight. He helped to tainment; Correction of Boundary of Miami to make the Hope Scholarship Credit and the repel a second attack, firing grenades Sulfur Dioxide Nonattainment Area’’ (FRL Lifetime Learning Credit refundable; to the at the enemy’s position. For his excep- No. 8270–3) received on January 18, 2007; to Committee on Finance. tional courage, Sergeant Rieman was the Committee on Environment and Public By Mr. BINGAMAN (for himself and awarded the Silver Star. And like so Works. Mr. DOMENICI): EC–434. A communication from the Prin- S. 361. A bill to designate the United many other Americans who have vol- States courthouse at South Federal Place in unteered to defend us, he has earned cipal Deputy Associate Administrator, Office of Policy, Economics and Innovation, Envi- Santa Fe, New Mexico, as the ‘‘Santiago E. the respect and gratitude of our whole ronmental Protection Agency, transmitting, Campos United States Courthouse’’; to the country. pursuant to law, the report of a rule entitled Committee on Environment and Public In such courage and compassion, la- ‘‘Approval and Promulgation of Implementa- Works. dies and gentlemen, we see the spirit tion Plans; Texas; EL Paso County Carbon By Mr. COLEMAN: S. 362. A bill to expand the number of em- Monoxide Redesignation to Attainment, and and character of America—and these bryonic stem cell lines available for Feder- Approval of Maintenance Plan’’ (FRL No. qualities are not in short supply. This ally funded research; to the Committee on 8272–5) received on January 18, 2007; to the is a decent and honorable country—and Health, Education, Labor, and Pensions. Committee on Environment and Public resilient, too. We have been through a By Mr. COLEMAN: Works. lot together. We have met challenges S. 363. A bill to provide increased Federal EC–435. A communication from the Prin- funding for stem cell research, to expand the and faced dangers, and we know that cipal Deputy Associate Administrator, Office more lie ahead. Yet we can go forward number of embryonic stem cell lines avail- of Policy, Economics and Innovation, Envi- able for Federally funded research, to pro- with confidence—because the State of ronmental Protection Agency, transmitting, vide ethical guidelines for stem cell re- our Union is strong . . . our cause in pursuant to law, the report of a rule entitled search, to derive human pluripotent stem the world is right . . . and tonight that ‘‘Standards of Performance for New Sta- cell lines using techniques that do not create cause goes on. tionary Sources and Emission Guidelines for an embryo or embryos for research or know- Thank you. Existing Sources: Other Solid Waste Inciner- ingly harm human embryo or embryos, and ation Units: Reconsideration’’ (FRL No. for other purposes; to the Committee on GEORGE W. BUSH. 8272–2) received on January 18, 2007; to the THE WHITE HOUSE, January 23, 2007. Health, Education, Labor, and Pensions. Committee on Environment and Public By Mr. ROCKEFELLER: f Works. S. 364. A bill to strengthen United States EC–436. A communication from the Direc- trade laws and for other purposes; to the MEASURES REFERRED tor of the Peace Corps, transmitting, pursu- Committee on Finance. The following bill was read the first ant to law, a report relative to the Corps’ By Mr. GRAHAM (for himself, Mr. competitive sourcing efforts for fiscal year and the second times by unanimous HAGEL, and Mr. DORGAN): 2006; to the Committee on Foreign Relations. S. 365. A bill to authorize the Secretary of consent, and referred as indicated: EC–437. A communication from the Assist- Energy to establish monetary prizes for H.R. 390. An act to require the establish- ant Legal Adviser for Treaty Affairs, Depart- achievements in overcoming scientific and ment of a national database in the National ment of State, transmitting, pursuant to the technical barriers associated with hydrogen Archives to preserve records of servitude, Case-Zablocki Act, 1 U.S.C. 112b, as amended, energy; to the Committee on Energy and emancipation, and post–Civil War recon- the report of the texts and background state- Natural Resources. struction and to provide grants to State and ments of international agreements, other By Mr. DOMENICI: local entities to establish similar local data- than treaties (List 2007–001—2007–011); to the S. 366. A bill to authorize the conveyance bases; to the Committee on Homeland Secu- Committee on Foreign Relations. of certain Federal land in the State of New rity and Governmental Affairs. EC–438. A communication from the Sec- Mexico; to the Committee on Agriculture, retary of Labor, transmitting, pursuant to Nutrition, and Forestry. f law, a report relative to the operations of By Mr. DORGAN (for himself, Mr. EXECUTIVE AND OTHER the Office of Workers’ Compensation Pro- GRAHAM, Mr. FEINGOLD, Mr. BROWN, COMMUNICATIONS grams for fiscal year 2004; to the Committee Mr. BYRD, and Mr. SANDERS): on Health, Education, Labor, and Pensions. S. 367. A bill to amend the Tariff Act of The following communications were EC–439. A communication from the Admin- 1930 to prohibit the import, export, and sale laid before the Senate, together with istrator, Office of Workforce Security, De- of goods made with sweatshop labor, and for accompanying papers, reports, and doc- partment of Labor, transmitting, pursuant other purposes; to the Committee on Fi- uments, and were referred as indicated: to law, the report of a rule entitled ‘‘Unem- nance. ployment Compensation—Eligibility’’ By Mr. BIDEN (for himself, Mr. BAU- EC–430. A communication from the Prin- (RIN1205–AB41) received on January 22, 2007; CUS, Mrs. BOXER, Ms. CANTWELL, Mrs. cipal Deputy Associate Administrator, Office to the Committee on Health, Education, CLINTON, Mr. DODD, Mrs. FEINSTEIN, of Policy, Economics and Innovation, Envi- Labor, and Pensions. Mr. HARKIN, Mr. KERRY, Mr. KOHL, ronmental Protection Agency, transmitting, EC–440. A communication from the Direc- Mr. LAUTENBERG, Mr. LEAHY, Mr. pursuant to law, the report of a rule entitled tor of Legislative Affairs, Office of the Direc- LIEBERMAN, Mr. MENENDEZ, Ms. MI- ‘‘Spiromesifen; Pesticide Tolerance’’ (FRL tor of National Intelligence, transmitting, KULSKI, Mr. OBAMA, Mr. REED, Mr. No. 8110–3) received on January 18, 2007; to pursuant to law, the report of a discontinu- SALAZAR, Mr. SCHUMER, Mr. SMITH, the Committee on Agriculture, Nutrition, ation of service in the acting role for the po- Ms. STABENOW, and Mr. REID): and Forestry. sition of Principal Deputy Director of Na- S. 368. A bill to amend the Omnibus Crime EC–431. A communication from the Legal tional Intelligence, received on January 22, Control and Safe Streets Act of 1968 to en- Information Assistant, Office of Thrift Su- 2007; to the Select Committee on Intel- hance the COPS ON THE BEAT grant pro- pervision, Department of the Treasury, ligence. gram, and for other purposes; to the Com- transmitting, pursuant to law, the report of EC–441. A communication from the General mittee on the Judiciary. a rule entitled ‘‘Subordinated Debt Securi- Counsel, Office of Management and Budget, By Mr. SCHUMER (for himself, Mrs. ties and Mandatorily Preferred Stock’’ Executive Office of the President, transmit- CLINTON, Mr. SPECTER, Mr. BAUCUS, (RIN1550–AC06) received on January 18, 2007; ting, pursuant to law, the report of a nomi- Mr. BAYH, Mr. BIDEN, Mrs. BOXER, to the Committee on Banking, Housing, and nation for the position of Administrator (Of- Mr. DURBIN, Mr. FEINGOLD, Mrs. FEIN- Urban Affairs. fice of Information and Regulatory Affair), STEIN, Mr. HARKIN, Mr. INOUYE, Mr. EC–432. A communication from the Chief received on January 18, 2007; to the Com- KENNEDY, Mr. KERRY, Mr. KOHL, Ms. Financial Officer, Department of Housing mittee on Homeland Security and Govern- LANDRIEU, Mr. LAUTENBERG, Mr. and Urban Development, transmitting, pur- mental Affairs. LEAHY, Mr. LIEBERMAN, Mrs. LIN- suant to law, a report relative to the Depart- f COLN, Mr. MENENDEZ, Mrs. MURRAY, ment’s competitive sourcing efforts for fiscal Mr. PRYOR, and Mr. SALAZAR): year 2006; to the Committee on Banking, INTRODUCTION OF BILLS AND S. 369. A bill to provide for a medal of ap- Housing, and Urban Affairs. JOINT RESOLUTIONS propriate design to be awarded by the Presi- EC–433. A communication from the Prin- dent to the next of kin or other representa- cipal Deputy Associate Administrator, Office The following bills and joint resolu- tive of those individuals killed as a result of of Policy, Economics and Innovation, Envi- tions were introduced, read the first the terrorist attacks of September 11, 2001; ronmental Protection Agency, transmitting, and second times by unanimous con- to the Committee on Banking, Housing, and pursuant to law, the report of a rule entitled sent, and referred as indicated: Urban Affairs.

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S912 CONGRESSIONAL RECORD — SENATE January 23, 2007 By Mrs. HUTCHISON (for herself and (Mr. DODD) was added as a cosponsor of the Greater Access To Education, or Mr. CORNYN): S. 223, a bill to require Senate can- GATE Act, of 2007. This legislation S. 370. A bill to designate the headquarters didates to file designations, state- would amend the Internal Revenue building of the Department of Education in Washington, DC, as the Lyndon Baines John- ments, and reports in electronic form. Code of 1986 in order to make college son Federal Building; to the Committee on S. 261 more affordable, and thus provide Environment and Public Works. At the request of Ms. CANTWELL, the greater access to postsecondary edu- f names of the Senator from Oregon (Mr. cation for lower income students and WYDEN) and the Senator from Wis- working families. Simply put, this bill SUBMISSION OF CONCURRENT AND consin (Mr. FEINGOLD) were added as SENATE RESOLUTIONS would expand expenses which qualify cosponsors of S. 261, a bill to amend for the Hope Scholarship Credit, pre- The following concurrent resolutions title 18, United States Code, to vent aid for needy students from reduc- and Senate resolutions were read, and strengthen prohibitions against animal ing the credit, and make the Hope referred (or acted upon), as indicated: fighting, and for other purposes. Scholarship and Lifetime Learning By Ms. STABENOW (for herself and S. 320 Credits refundable. Mr. LEVIN): At the request of Mr. AKAKA, the S. Res. 37. A resolution designating March name of the Senator from Kansas (Mr. The cost of attending college in the 26, 2007 as ‘‘National Support the Troops ROBERTS) was added as a cosponsor of U.S. has grown by 44 percent since 2000, Day’’ and encouraging the people of the S. 320, a bill to provide for the protec- far outpacing the median growth in in- United States to participate in a moment of come. We’ve seen a 35 percent jump in silence to reflect upon the service and sac- tion of paleontological resources on rifice of members of the Armed Forces both Federal lands, and for other purposes. inflation-adjusted average tuition and at home and abroad; to the Committee on S. 343 fees for in-state students at public col- the Judiciary. At the request of Mr. VOINOVICH, the leges and universities since 2001–02. The f name of the Senator from Virginia (Mr. cost of going to college is 6.3 percent WARNER) was added as a cosponsor of S. higher than just last year, averaging ADDITIONAL COSPONSORS 343, a bill to extend the District of Co- $12,796 including room and board. S. 2 lumbia College Access Act of 1999. Unfortunately, year after year, Con- At the request of Mr. KENNEDY, the S. 347 gress has failed to raise Pell Grant names of the Senator from Rhode Is- At the request of Mr. VOINOVICH, the Scholarships for needy students. This land (Mr. WHITEHOUSE) and the Senator name of the Senator from Virginia (Mr. critical student aid has been frozen at from Minnesota (Ms. KLOBUCHAR) were WARNER) was withdrawn as a cosponsor added as cosponsors of S. 2, a bill to just over $4000 for four years. Ten years of S. 347, a bill to amend the Fair ago, the maximum Pell Grant covered amend the Fair Labor Standards Act of Labor Standards Act of 1938 to provide more than 50 percent of the cost of tui- 1938 to provide for an increase in the for an increase in the Federal min- tion, fees, room and board at a public Federal minimum wage. imum wage, and for other purposes. four-year college. Last year, it covered S. 21 S. 356 only 35 percent of those costs. At the request of Mr. REID, the At the request of Mr. BROWNBACK, the names of the Senator from Oregon (Mr. name of the Senator from Idaho (Mr. At the same time, we’re seeing in- WYDEN) and the Senator from Mary- CRAPO) was added as a cosponsor of S. creasing competition among colleges land (Ms. MIKULSKI) were added as co- 356, a bill to ensure that women seek- and universities for the highest scoring sponsors of S. 21, a bill to expand ac- ing an abortion are fully informed re- students. And these students command cess to preventive health care services garding the pain experienced by their higher tuition discounts, particularly that help reduce unintended preg- unborn child. in the form of merit scholarships. As a nancy, reduce abortions, and improve AMENDMENT NO. 102 result, there’s a smaller proportion of access to women’s health care. At the request of Mr. DODD, his name the financial aid budget available for S. 43 was added as a cosponsor of amend- low income students at colleges with At the request of Mr. ENSIGN, the ment No. 102 proposed to H.R. 2, a bill rising tuitions. name of the Senator from North Caro- to amend the Fair Labor Standards Act A recent report by Education Trust lina (Mr. BURR) was added as a cospon- of 1938 to provide for an increase in the found that many of the flagship and re- sor of S. 43, a bill to amend title II of Federal minimum wage. search-extensive public universities At the request of Mr. KENNEDY, his the Social Security Act to preserve and have reallocated financial aid re- name was added as a cosponsor of protect Social Security benefits of sources away from the low income stu- American workers and to help ensure amendment No. 102 proposed to H.R. 2, supra. dents who need help to go to college— greater congressional oversight of the mostly to compete for high income stu- Social Security system by requiring AMENDMENT NO. 103 dents who would enroll in college re- that both Houses of Congress approve a At the request of Ms. SNOWE, the gardless of the amount of aid they re- totalization agreement before the names of the Senator from Massachu- ceive. Between 1995 and 2003, flagship agreement, giving foreign workers So- setts (Mr. KERRY), the Senator from and other research-extensive public cial Security benefits, can go into ef- New Hampshire (Mr. SUNUNU), and the fect. Senator from Kansas (Mr. ROBERTS) universities actually decreased grant aid by 13 percent for students from S. 65 were added as a cosponsor of amend- families with an annual income of At the request of Mr. INHOFE, the ment No. 103 proposed to H.R. 2, a bill $20,000 or less while they increased aid name of the Senator from Wyoming to amend the Fair Labor Standards Act to students from families who make (Mr. ENZI) was added as a cosponsor of of 1938 to provide for an increase in the S. 65, a bill to modify the age-60 stand- Federal minimum wage. more than $100,000 by 406 percent. In ard for certain pilots and for other pur- f 2003, these institutions spent a com- poses. STATEMENTS ON INTRODUCED bined $257 million to subsidize the tui- tion of students from families with an- S. 138 BILLS AND JOINT RESOLUTIONS nual incomes over $100,000—a stag- At the request of Mr. SCHUMER, the name of the Senator from Colorado gering increase from the $50 million By Mr. BINGAMAN (for himself they spent in 1995. (Mr. ALLARD) was added as a cosponsor and Mr. SMITH): of S. 138, a bill to amend the Internal S. 360. A bill to amend the Internal In addition, many colleges and uni- Revenue Code of 1986 to apply the joint Revenue Code of 1986 to expand ex- versities are now using ‘‘enrollment return limitation for capital gains ex- penses which qualify for the Hope and revenue management’’ firms to clusion to certain post-marriage sales Scholarship Credit and to make the help manage admissions and financial of principal residences by surviving Hope Scholarship Credit and the Life- aid. I am concerned that too many spouses. time Learning Credit refundable; to the schools are trying to leverage their fi- S. 223 Committee on Finance. nancial aid to entice wealthier and At the request of Mr. FEINGOLD, the Mr. BINGAMAN. Mr. President, I rise high scoring students to attend their name of the Senator from Connecticut today with Senator Smith to introduce schools, at the expense of aid to lower

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S913 income students. In essence, they’re di- imum amount of the credit because it In fact, only 36 percent of filers recting financial aid dollars to stu- is limited to covering ‘‘tuition and re- claiming the credits at all had incomes dents who will increase a school’s reve- lated expenses.’’ Students who attend under $30,000; less than 10 percent of fil- nues and rankings. colleges with lower tuition costs, such ers claiming the credits had incomes As a result, low income students are as those attending community col- under $15,000. By contrast, 36 percent of disproportionately bearing the brunt of leges, are not entitled to the maximum filers claiming the credits earned increased college tuition and fees. In amount of the credit. $50,000 or more. turn, more and more students increas- For college students attending insti- Making the credits refundable would ingly rely on loans to finance their tutions with relatively high tuition ensure that families in lower tax education. And, we’ve seen a signifi- rates, the maximum credit will be brackets are eligible for the maximum cant increase in the amount of student available to cover the higher tuition. benefits and would thus make college debt in this country. In New Mexico, This is not the case, however, for many more affordable to those students and the average student now graduates students, particularly the vast major- families who need the most assistance. from 4 years of college with more than ity of community college students, as I believe we all can agree that main- $16,000 in debt. well as hundreds of thousands of stu- taining a skilled and educated work- And, last year, Congress cut $12 bil- dents attending public four-year col- force should rank as one of our highest lion out of the Federal student aid pro- leges, who attend college where the priorities. The National Academy of grams, pushing college further out of tuition is lower. These students are not Sciences projected that while the U.S. reach for American families. It is the able to access the full credit because economy is doing well today, current largest single cut the Federal Govern- tuition at these institutions is lower trends indicate that the U.S. may not ment has made to student aid pro- than the maximum credit, and the fare as well in the future, particularly grams, and it is expected to increase scope of the credit is limited to tuition in the areas of science and technology, the debt burden of students and their and related expenses. College students where innovation is spurred and high- families as many borrowers of student must pay for much more than just tui- wage jobs follow. loans will face higher interest pay- tion, however, including room and This Congress should do everything ments. board, books, supplies, equipment and in its power to ensure that every capa- Congress, simply, has moved in the fees. ble student who wants to go to college wrong direction, and failed to help Further, a student’s eligibility for should be able to, which will in turn make college more affordable for stu- the Hope tax credit is actually reduced ensure that we have workers to fill the dents from low income and working by any grants the student receives— high-quality, high-wage jobs we are families. Federal, State, or private. The impact Full time students receive about working so hard to create. I urge my of this limitation is felt particularly $3,100 per year in aid in the form of colleagues to support this critical leg- by the by the low income students that grants and tax benefits at 4-year public islation. receive Pell Grants or other Federal or institutions. In 2003–04, however, only I ask unanimous consent that the State assistance. Often, the assistance 56 percent of 4-year public institution text of this bill be printed in the students from families with incomes received fully offsets the amount of the RECORD. below $30,000 received sufficient grant credit. There being no objection, the text of This legislation is simple and aid and tax benefits to cover tuition the bill was ordered to be printed in straightforward, and is crafted to ad- and fees. the RECORD, as follows: Even worse, we know that each year dress these shortcomings. First, in ad- S. 360 there are hundreds of thousands of stu- dition to tuition, it allows the Hope Be it enacted by the Senate and House of Rep- dents who are prepared to attend a 4- credit to cover room and board, re- resentatives of the United States of America in year college but do not do so because of quired fees, books, supplies, and equip- Congress assembled, financial barriers. ment. It is important to note that the SECTION 1. SHORT TITLE. We must reverse this course and IRS Code commonly recognizes non- This Act may be cited as the ‘‘Greater Ac- make college more affordable for stu- tuition expenses, including substantial cess To Education Act of 2007’’. dents from low-income and working living expenses, in programs such as SEC. 2. EXPANSION OF EDUCATIONAL EXPENSES Section 529 plans and tax-exempt, pre- ALLOWED AS PART OF HOPE SCHOL- families. ARSHIP CREDIT. paid tuition plans. The first priority for this Congress (a) QUALIFIED TUITION AND RELATED EX- should be to increase student aid for As we all know, tuition is just one of PENSES EXPANDED TO INCLUDE ROOM AND needy students. We must increase the the many expenses associated with BOARD, BOOKS, SUPPLIES, AND EQUIPMENT.— amount of Pell grants to at least $5,100. going to college. Room and board, Paragraph (1) of section 25A(f) of the Inter- The next thing we should do is make books, supplies, equipment and fees can nal Revenue Code of 1986 (defining qualified sure that the existing education tax be prohibitively expensive for those tuition and related expenses) is amended by credits work effectively for the fami- who attend colleges that have reason- adding at the end the following new subpara- lies that need them most. The Hope able tuition charges. The cost for graph: ‘‘(D) ADDITIONAL EXPENSES ALLOWED FOR Scholarship and Lifetime Learning tax books and supplies alone can be as high HOPE SCHOLARSHIP CREDIT.—For purposes of credits have helped millions of Ameri- as $1000 per year. the Hope Scholarship Credit, such term cans finance their college education. In addition, the legislation changes shall, with respect to any academic period, For this tax year, the credits allow eli- the IRS Code so that any Federal Pell include— gible tax filers to reduce their tax li- Grants and Supplemental Educational ‘‘(i) reasonable costs for such period in- ability by receiving a credit of up to Opportunity Grants students receive curred by the eligible student for room and $1,650 for the Hope program or up to are not counted against their eligible board while attending the eligible edu- $2,000 for the Lifetime Learning credit expenses when Hope eligibility is cal- cational institution, and culated. This change will provide some ‘‘(ii) fees, books, supplies, and equipment for tuition and course-related fees paid required for such period for courses of in- for a single student. assistance to needier students, espe- struction at the eligible educational institu- Unfortunately, research shows that cially those attending four-year public tion.’’. these tax credits are not working as ef- colleges. (b) HOPE SCHOLARSHIP CREDIT NOT REDUCED fectively as they could be. They do not But these fixes only get to a part of BY FEDERAL PELL GRANTS AND SUPPLE- support students who are currently en- the problem. Because the education tax MENTAL EDUCATIONAL OPPORTUNITY rolled in college to any significant de- credits are not refundable, a family of GRANTS.—Subsection (g) of section 25A of gree, and they do not induce greater four must earn above $30,000 to get the such Code (relating to special rules) is numbers of students, including work- maximum credit. A student or working amended by adding at the end the following new paragraph: ing adults who need to upgrade their family must have a positive tax liabil- ‘‘(8) PELL AND SEOG GRANTS.—For purposes education and skills, to earn a postsec- ity to receive the credit. Nearly half of of the Hope Scholarship Credit, paragraph (2) ondary degree. all families with college students do shall not apply to amounts paid for an indi- Many students and their families are not get the full credit because their in- vidual as a Federal Pell Grant or a Federal unable to take advantage of the max- come is too low. supplemental educational opportunity grant

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S914 CONGRESSIONAL RECORD — SENATE January 23, 2007 under subparts 1 and 3, respectively, of part ing before the period ‘‘or from section 36 of I ask unanimous consent that the A of title IV of the Higher Education Act of such Code’’. text of the bill be printed in the 1965 (20 U.S.C. 1070a and 1070b et seq., respec- (13) The table of sections for subpart C of RECORD. tively).’’. part IV of subchapter A of chapter 1 of the There being no objection, the text of (c) EXPANDED HOPE EXPENSES NOT SUBJECT Internal Revenue Code of 1986 is amended by the bill was ordered to be printed in TO INFORMATION REPORTING REQUIREMENTS.— striking the item relating to section 36 and the RECORD, as follows: Subsection (e) of section 6050S of such Code inserting the following: S. 361 (relating to definitions) is amended by strik- ‘‘Sec. 36. Hope and Lifetime Learning cred- Be it enacted by the Senate and House of Rep- ing ‘‘subsection (g)(2)’’ and inserting ‘‘sub- its. resentatives of the United States of America in sections (f)(1)(D) and (g)(2)’’. ‘‘Sec. 37. Overpayments of tax.’’. Congress assembled, (d) EFFECTIVE DATE.—The amendments (14) The table of sections for subpart A of made by this section shall apply to expenses such part IV is amended by striking the item SECTION 1. DESIGNATION. The United States courthouse at South paid after December 31, 2006 (in tax years relating to section 25A. Federal Place in Santa Fe, New Mexico, ending after such date), for education fur- FFECTIVE DATE.—The amendments (c) E shall be known and designated as the nished in academic periods beginning after made by this section shall apply to taxable such date. ‘‘Santiago E. Campos United States Court- years beginning after December 31, 2006. house’’. SEC. 3. HOPE AND LIFETIME LEARNING CREDITS TO BE REFUNDABLE. SEC. 2. REFERENCES. By Mr. BINGAMAN. (for himself Any reference in a law, map, regulation, (a) CREDIT TO BE REFUNDABLE.—Section and Mr. DOMENICI): document, paper, or other record of the 25A of the Internal Revenue Code of 1986 (re- S. 361. A bill to designate the United United States to the United States court- lating to Hope and Lifetime Learning cred- house referred to in section 1 shall be deemed its), as amended by section 2, is hereby States courthouse at South Federal to be a reference to the ‘‘Santiago E. Campos moved to subpart C of part IV of subchapter Place in Santa Fe, New Mexico, as the United States Courthouse’’. A of chapter 1 of such Code (relating to re- ‘‘Santiago E. Campos United States fundable credits) and inserted after section Courthouse’’; to the Committee on en- By Mr. ROCKEFELLER: 35. vironment and Public Works. S. 364. A bill to strengthen United (b) TECHNICAL AMENDMENTS.— Mr. BINGAMAN. Mr. President, I rise States trade laws and for other pur- (1) Section 36 of the Internal Revenue Code today with my colleague Senator of 1986 is redesignated as section 37. poses; to the Committee on Finance. DOMENICI to introduce a bill to des- (2) Section 25A of such Code (as moved by Mr. ROCKEFELLER. Mr. President, I subsection (a)) is redesignated as section 36. ignate the United States Courthouse in rise today to introduce legislation that (3) Paragraph (1) of section 36(a) of such Santa Fe, NM as the ‘‘Honorable will help America’s manufacturers Code (as redesignated by paragraph (2)) is Santiago E. Campos United States compete on even terms with foreign amended by striking ‘‘this chapter’’ and in- Courthouse.’’ Santiago Campos was ap- manufacturers. serting ‘‘this subtitle’’. pointed to the Federal bench in 1978 by For generations, American manufac- (4) Subparagraph (B) of section 72(t)(7) of President Jimmy Carter and was the turing has been a tremendous source of such Code is amended by striking ‘‘section first Hispanic Federal judge in New pride and a ladder to the middle class. 25A(g)(2)’’ and inserting ‘‘section 36(g)(2)’’. Mexico. He held the title of Chief U.S. Unfortunately, over the last several (5) Subparagraph (A) of section 135(d)(2) of years, the manufacturing sector of our such Code is amended by striking ‘‘section District Judge from February 5, 1987 to 25A’’ and inserting ‘‘section 36’’. December 31, 1989 and took senior sta- economy has suffered disproportion- (6) Section 221(d) of such Code is amended— tus in 1992. ately and millions of good jobs have (A) by striking ‘‘section 25A(g)(2)’’ in para- Judge Campos was a dedicated and been lost. In my home State of West graph (2)(B) and inserting ‘‘section 36(g)(2)’’, passionate public servant who spent Virginia, well over 10,000 manufac- (B) by striking ‘‘section 25A(f)(2)’’ in the most of his life committed to working turing jobs have disappeared since 2001. matter following paragraph (2)(B) and insert- for the people of New Mexico and our Workers and manufacturers in all of ing ‘‘section 36(f)(2)’’, and Nation. He served as a seaman first our States have found it increasingly (C) by striking ‘‘section 25A(b)(3)’’ in para- difficult to compete in today’s global graph (3) and inserting ‘‘section 36(b)(3)’’. class in the United States Navy from 1944 to 1946, as the Assistant Attorney markets, when the odds are stacked (7) Section 222 of such Code is amended— against them because of unfair trading (A) by striking ‘‘section 25A’’ in subpara- General and then First Assistant At- practices. graph (A) of subsection (c)(2) and inserting torney General of New Mexico from American industry can compete with ‘‘section 36’’, 1954 to 1957, and as a district court anyone in the world when it’s a fair (B) by striking ‘‘section 25A(f)’’ in sub- judge from 1971 to 1978 in the First Ju- fight. Our domestic and international section (d)(1) and inserting ‘‘section 36(f)’’, dicial District in the State of New Mex- and trade laws were set up to establish a ico. He was the prime mover in reestab- (C) by striking ‘‘section 25A(g)(2)’’ in sub- level playing field, but unfortunately section (d)(1) and inserting ‘‘section lishing Federal court judicial activity some of our trading partners have re- 36(g)(2)’’. in Santa Fe and had his chambers in peatedly found ways to circumvent (8) Section 529 of such Code is amended— the courthouse there for over 22 years. these laws in order to gain an unfair (A) by striking ‘‘section 25A(g)(2)’’ in sub- For his dedication to the State, Judge advantage in trade with the United clause (I) of subsection (c)(3)(B)(v) and in- Campos received distinguished achieve- serting ‘‘section 36(g)(2)’’, States. This has led to our record- ment awards in 1993 from both the breaking—and still growing—trade (B) by striking ‘‘section 25A’’ in subclause State Bar of New Mexico and the Uni- (II) of subsection (c)(3)(B)(v) and inserting deficits, which threaten the long-term ‘‘section 36’’, and versity of New Mexico. health of our economy, and have con- (C) by striking ‘‘section 25A(b)(3)’’ in Sadly, Judge Campos passed away tributed to the migration of manufac- clause (i) of subsection (e)(3)(B) and inserting January 20, 2001 after a long battle turing jobs to factories overseas. This ‘‘section 36(b)(3)’’. with cancer. Judge Campos was an ex- is an enormous problem that the (9) Section 530 of such Code is amended— traordinary jurist and served as a role United States must face and conquer. (A) by striking ‘‘section 25A(g)(2)’’ in sub- model and mentor to others in New A large part of the problem in recent clause (I) of subsection (d)(2)(C)(i) and insert- Mexico. He was admired and respected years is that the Bush Administration ing ‘‘section 36(g)(2)’’, by all that knew him. I believe that it (B) by striking ‘‘section 25A’’ in subclause has not been an aggressive enforcer of (II) of subsection (d)(2)(C)(i) and inserting would be an appropriate tribute to U.S. domestic trade laws. It has also ‘‘section 36’’, and Judge Campos to have the courthouse failed to successfully advocate for U.S. (C) by striking ‘‘section 25A(g)(2)’’ in in Santa Fe bear his name. interests in the multilateral dispute clause (iii) of subsection (d)(4)(B) and insert- The Senate passed a bill in the 108th settlement setting. The bill I introduce ing ‘‘section 36(g)(2)’’. Congress to name the same courthouse today, the Strengthening America’s (10) Subsection (e) of section 6050S of such for Judge Campos by unanimous con- Trade Law Act of 2007, will improve our Code is amended by striking ‘‘section 25A’’ sent. Unfortunately, the House was un- ability to correct deficiencies in four and inserting ‘‘section 36’’. able to take up the measure and it (11) Subparagraph (J) of section 6213(g)(2) areas of U.S. trade policy: first, it will of such Code is amended by striking ‘‘section failed to be signed into law. I rise again address problems in the U.S. approach 25A(g)(1)’’ and inserting ‘‘section 36(g)(1)’’. to ask the Senate to pass the bill and to the WTO Dispute Settlement proc- (12) Paragraph (2) of section 1324(b) of title honor the work and dedication of ess; second, it will strengthen anti- 31, United States Code, is amended by insert- Judge Santiago Campos. dumping remedies, third, it will expand

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S915 the reach of countervailing duties, and makes it harder for dumping countries national trade rules give to value- fourth, it will remove the President’s and businesses to circumvent the rules. added taxes (VAT) used by most U.S. discretion to disregard the rec- Additionally, it applies a stricter trade partners. WTO rules provide that ommendations of the International methodology for determining the mar- rebates on ‘‘direct’’ taxes such as in- Trade Commission in certain cir- ket value of goods from countries des- come, employment, and real estate cumstances. ignated as ‘‘nonmarket economies’’ taxes constitute subsidies, whereas re- The steel industry is perhaps the (NMEs). These countries presently in- bates on ‘‘indirect taxes’’ such as sales best-known example of how our trade clude small former Soviet republics and VAT taxes are not subsidies. This laws can help or hurt domestic indus- such as Turkmenistan and Georgia, puts U.S. producers at a significant dis- try when it is injured by unfair foreign and also large U.S. trading partners advantage to producers in countries trade practices, but industries from such as China. These NME designations that use value-added tax (VAT) sys- timber to chinaware to candlemaking are an important element of U.S. trade tems. are all too familiar with this point. policy, and Title II gives Congress the Over 135 U.S. trading partners use This bill contains a number of provi- ability to approve or disapprove any VAT taxes for a significant amount of sions that would provide meaningful change in a country’s NME status. their revenue, and when U.S. exports improvements to U.S. trade law. The Title II also overrules the recent de- enter a VAT tax country, they are sub- United States would remain fully com- cision by the Federal Circuit in the ject to the importing country’s VAT pliant with its obligations in the World Bratsk case, which inappropriately tax, whereas U.S. imports from a VAT Trade Organization under this legisla- added a new requirement not presently tax country are not subject to the pro- tion. included in our anti-dumping laws, ducing country’s VAT tax. This unfair Let me briefly describe what this bill namely that ITC anti-dumping inves- tax treatment constitutes both a hid- will do to level the playing field for tigations must include evaluating the den import duty for U.S. exports and a American manufacturers. role of imports that are not actually hidden export subsidy for VAT tax Title I of the Strengthening Amer- subject to the investigation. This spec- country products entering the United ica’s Trade Laws Act bolsters the ulative element is not part of the in- States. United States’ position in WTO dispute vestigation process that Congress man- This provision of Title III would push settlement proceedings. The dispute dated the ITC to follow in anti-dump- the USTR to negotiate this issue to a settlement system set up in 1994 upon ing cases, and my bill would remove satisfactory conclusion within the next the creation of the WTO was intended this judicially-added requirement that two years. Failing such negotiations, it to establish a rules-based system of en- was never a part of our trade remedy would designate this differential treat- forcing trade agreements. However, re- law. ment a countervailable subsidy which cent cases involving U.S. application of Title III of the Strengthening Amer- would then be subject to CVDs. its laws regarding import surges, anti- ica’s Trade Laws Act expands the reach Finally, Title IV of the Strength- dumping and countervailing duties of countervailing duties (CVDs) in ening America’s Trade Laws Act would have raised concerns about the fairness order to address two significant remove Presidential discretion to ig- of the system. sources of unfair trade: China’s artifi- nore the recommendations of the ITC To address these concerns, Title I al- cially undervalued currency, and the in safeguard cases regarding China, or lows the direct participation in WTO disparate treatment that international so-called ‘‘Section 421’’ cases. Section dispute settlement proceedings of the trade rules give to value-added taxes 421 of the legislation that provided for U.S. business and trade associations (VAT) used by most U.S. trade part- China’s accession to the WTO is a that are directly affected by these pro- ners. ‘‘safeguard’’ provision that provides for ceedings, which would improve the Unlike anti-dumping duties, CVDs temporary relief from surges of im- prospects of zealous advocacy on behalf have not been applied against imports ports that have caused injury to do- of U.S. interests at stake. It also cre- from NME countries like China, leav- mestic industry. There are a number of ates a Congressional Advisory Commis- ing a huge hole in the trade remedies recent examples of President Bush’s sion on WTO Dispute Settlement that available to U.S. manufacturers who failure to take action in cases in which would analyze WTO decisions that are are competing against subsidized im- the ITC has recommended ‘‘safeguard’’ adverse to the United States, report to ports from China. This bill explicitly relief most notably on December 30, Congress on the propriety of the deci- makes CVDs applicable to NME coun- 2005, when he denied the relief that the sions and provide guidance for how the tries, and it and provides a method- ITC had recommended for U.S. steel Congress might proceed in responding ology for determining subsidy levels in pipe and tube manufacturers in the to adverse decisions. NMEs that is similar to the method- face of a surge of imports from China. Title I also requires Congressional ology for determining fair market Title IV would ensure that such denials approval of all measures taken by the value in anti-dumping investigations do not happen in the future by remov- U.S. government to comply with ad- regarding NME countries. ing Presidential discretion in applying verse decisions. In most cases, compli- Next, Title III designates currency safeguard measures in cases involving ance with an adverse WTO decision exchange rate manipulation as a sub- imports from China and instead mak- calls for legislative changes, but in sidy that can be addressed by applica- ing the findings and recommendations some cases such as the recent case in- tion of CVDs. It is well known that of the ITC the final word on the mat- volving ‘‘zeroing’’ on dumping deter- China’s government pegs its currency’s ter. minations, the Bush Administration value to the value of a ‘‘basket’’ of cur- The Strengthening America’s Trade has determined that the United States rencies including the dollar rather Laws Act will provide meaningful im- can comply with the adverse decision than allowing the value to be deter- provements to U.S. trade law and a through regulatory changes such as al- mined freely in currency exchange more level playing field for U.S. work- tering the methodology through which markets. This practice keeps China’s ers and manufacturers in an increas- the Commerce Department calculates currency artificially low, boosting Chi- ingly competitive global economy. I the dumping margin. This provision of nese exports and protecting Chinese do- commend it to my colleagues and urge my trade bill would prevent the Ad- mestic industry from imports. In De- them to join me in pushing for its swift ministration from side-stepping Con- cember, Federal Reserve Chairman Ben enactment. Congress has sat on the gress in determining how to respond to Bernanke called this practice what it sidelines for too long as our country’s an adverse decision in the WTO. Con- is, an ‘‘effective subsidy.’’ This provi- finest manufacturers have been dealt gressional oversight is an important sion of Title III would allow the U.S. blow after blow. This bill will not solve element of our trade policy, and these government to apply our CVD law to the trade deficit alone, but it is a rea- provisions would help restore it. this subsidy. sonable start. Title II of the Strengthening Amer- Title III also contains a vital provi- I am going to ask my leadership, in ica’s Trade Laws Act tightens the rules sion that would lead to the possible fu- my caucus and on the Finance Com- in anti-dumping cases in favor of the ture use of CVDs as a remedy for the mittee, to work with me on this legis- petitioning domestic industry and differential treatment that inter- lation, and I look forward to joining

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S916 CONGRESSIONAL RECORD — SENATE January 23, 2007 forces with my allies on the other side (1) The United States joined the World (2) APPELLATE BODY.—The term ‘‘Appellate of the aisle to move this bill. I ask Trade Organization as an original member Body’’ means the Appellate Body established unanimous consent that the bill be en- with the goal of creating an improved global by the Dispute Settlement Body pursuant to tered into the record. I ask unanimous trading system and providing expanded eco- Article 17.1 of the Dispute Settlement Under- nomic opportunities for United States work- standing. consent that the text of the bill be ers, farmers, and businesses. (3) APPROPRIATE CONGRESSIONAL COMMIT- printed in the RECORD. (2) The dispute settlement rules of the TEES.—The term ‘‘appropriate congressional There being no objection, the text of WTO were created to enhance the likelihood committees’’ means the Committee on Fi- the bill was ordered to be printed in that governments will observe their WTO ob- nance of the Senate and the Committee on the RECORD, as follows: ligations. Ways and Means of the House of Representa- S. 364 (3) Successful operation of the WTO dis- tives. pute settlement system was critical to con- (4) DISPUTE SETTLEMENT BODY.—The term SECTION 1. SHORT TITLE; TABLE OF CONTENTS. gressional approval of the Uruguay Round ‘‘Dispute Settlement Body’’ means the Dis- (a) SHORT TITLE.—This Act may be cited as Agreements and is critical to continued sup- the ‘‘Strengthening America’s Trade Laws pute Settlement Body established pursuant port by the United States for the WTO. In to the Dispute Settlement Understanding. Act’’. particular, it is imperative that dispute set- (b) TABLE OF CONTENTS.—The table of con- (5) DISPUTE SETTLEMENT PANEL; PANEL.— tlement panels and the Appellate Body— tents for this Act is as follows: The terms ‘‘dispute settlement panel’’ and (A) operate with fairness and in an impar- ‘‘panel’’ mean a panel established pursuant Sec. 1. Short title; table of contents. tial manner; to Article 6 of the Dispute Settlement Un- TITLE I—DISPUTE SETTLEMENT (B) strictly observe the terms of reference derstanding. Subtitle A—Findings, Purpose, and and any applicable standard of review set (6) DISPUTE SETTLEMENT UNDERSTANDING.— Definitions forth in the Uruguay Round Agreements; and The term ‘‘Dispute Settlement Under- Sec. 101. Congressional findings and purpose. (C) not add to the obligations, or diminish standing’’ means the Understanding on Rules Sec. 102. Definitions. the rights, of WTO members under the Uru- and Procedures Governing the Settlement of Subtitle B—Participation in WTO Panel guay Round Agreements in violation of Arti- Disputes referred to in section 101(d)(16) of Proceedings cles 3.2 and 19.2 of the Dispute Settlement the Uruguay Round Agreements Act (19 Understanding. Sec. 111. Participation in WTO panel pro- U.S.C. 3511(d)(16)). (4) An increasing number of reports by dis- ceedings. (7) TERMS OF REFERENCE.—The term ‘‘terms pute settlement panels and the Appellate of reference’’ has the meaning given that Subtitle C—Congressional Advisory Body have raised serious concerns within the Commission on WTO Dispute Settlement term in the Dispute Settlement Under- Congress about the ability of the WTO dis- standing. Sec. 121. Establishment of Commission. pute settlement system to operate in accord- (8) TRADE REPRESENTATIVE.—The term Sec. 122. Duties of the Commission. ance with paragraph (3). Sec. 123. Powers of the Commission. ‘‘Trade Representative’’ means the United (5) In particular, several reports of dispute States Trade Representative. Subtitle D—Congressional Approval of Regu- settlement panels and the Appellate Body (9) UNITED STATES PERSON.—The term latory Action Relating to Adverse WTO have added to the obligations and diminished ‘‘United States person’’ means— Decisions the rights of WTO members, particularly (A) a United States citizen or an alien ad- under the Agreement on Implementation of Sec. 131. Congressional approval of regu- mitted for permanent residence into the Article VI of the General Agreement on Tar- latory actions relating to ad- United States; and iffs and Trade 1994, the Agreement on Sub- verse WTO decisions. (B) a corporation, partnership, labor orga- sidies and Countervailing Measures, and the Subtitle E—Clarification of Rights and nization, or other legal entity organized Agreement on Safeguards. Obligations Through Negotiations under the laws of the United States or of any (6) In order to come into compliance with Sec. 141. Clarification of rights and obliga- State, the District of Columbia, or any com- reports of dispute settlement panels and the tions in the WTO through nego- monwealth, territory, or possession of the Appellate Body that have been adopted by tiations. United States. the Dispute Settlement Body, the Congress (10) URUGUAY ROUND AGREEMENT.—The TITLE II—STRENGTHENING ANTI- may need to amend or repeal statutes of the term ‘‘Uruguay Round Agreement’’ means DUMPING AND COUNTERVAILING DUTY United States. In such cases, the Congress any of the Agreements described in section LAWS must have a high degree of confidence that 101(d) of the Uruguay Round Agreements Sec. 201. Prevention of circumvention. the reports are in accordance with paragraph Act. Sec. 202. Export price and constructed ex- (3). (11) WORLD TRADE ORGANIZATION; WTO.—The port price. (7) The Congress needs impartial, objec- terms ‘‘World Trade Organization’’ and Sec. 203. Nonmarket economy methodology. tive, and juridical advice to determine the ‘‘WTO’’ mean the organization established Sec. 204. Determinations on the basis of appropriate response to reports of dispute pursuant to the WTO Agreement. facts available. settlement panels and the Appellate Body. (12) WTO AGREEMENT.—The term ‘‘WTO Sec. 205. Clarification of determination of (8) The United States remains committed Agreement’’ means the Agreement Estab- material injury. to the multilateral, rules-based trading sys- Sec. 206. Revocation of nonmarket economy lishing the World Trade Organization en- tem. country status. (b) PURPOSE.—It is the purpose of this sub- tered into on April 15, 1994. TITLE III—EXPANSION OF APPLICA- title to provide for the establishment of the (13) WTO MEMBER.—The term ‘‘WTO mem- BILITY OF COUNTERVAILING DUTIES Congressional Advisory Commission on WTO ber’’ has the meaning given that term in sec- Sec. 301. Application of countervailing du- Dispute Settlement to provide objective and tion 2(10) of the Uruguay Round Agreements ties to nonmarket economies impartial advice to the Congress on the oper- Act (19 U.S.C. 3501(10)). and strengthening application ation of the dispute settlement system of the Subtitle B—Participation in WTO Panel of the law. World Trade Organization. Proceedings Sec. 302. Treatment of exchange-rate manip- SEC. 102. DEFINITIONS. ulation as countervailable sub- In this title: SEC. 111. PARTICIPATION IN WTO PANEL PRO- CEEDINGS. sidy under title VII of the Tar- (1) ADVERSE FINDING.—The term ‘‘adverse iff Act of 1930. finding’’ means— (a) IN GENERAL.—If the Trade Representa- Sec. 303. Affirmation of negotiating objec- (A) in a proceeding of a dispute settlement tive, in proceedings before a dispute settle- tive on border taxes. panel or the Appellate Body that is initiated ment panel or the Appellate Body of the Sec. 304. Presidential certification; applica- against the United States, a finding by the WTO, seeks— tion of countervailing duty law. panel or the Appellate Body that any law, (1) to enforce United States rights under a TITLE IV—LIMITATION ON PRESI- regulation, practice, or interpretation of the multilateral trade agreement, or DENTIAL DISCRETION IN ADDRESSING United States, or any State, is inconsistent (2) to defend an action or determination of MARKET DISRUPTION with the obligations of the United States the United States Government that is chal- lenged, Sec. 401. Action to address market disrup- under a Uruguay Round Agreement (or nul- tion. lifies or impairs benefits accruing to a WTO a United States person that is supportive of TITLE V—MISCELLANEOUS member under such an Agreement); or the United States Government’s position be- (B) in a proceeding of a panel or the Appel- fore the panel or Appellate Body and that Sec. 501. Application to Canada and Mexico. late Body in which the United States is a has a direct economic interest in the panel’s TITLE I—DISPUTE SETTLEMENT complaining party, any finding by the panel or Appellate Body’s resolution of the mat- Subtitle A—Findings, Purpose, and or the Appellate Body that a measure of the ters in dispute shall be permitted to partici- Definitions party complained against is not inconsistent pate in consultations and panel or Appellate SEC. 101. CONGRESSIONAL FINDINGS AND PUR- with that party’s obligations under a Uru- Body proceedings. The Trade Representative POSE. guay Round Agreement (or does not nullify shall issue regulations, consistent with sub- (a) FINDINGS.—The Congress finds the fol- or impair benefits accruing to the United sections (b) and (c), ensuring full and effec- lowing: States under such an Agreement). tive participation by any such person.

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(b) ACCESS TO INFORMATION.—The Trade and Vice Chairperson from among its mem- jority of the members of the Commission Representative shall make available to per- bers. shall constitute a determination of the Com- sons described in subsection (a) all informa- (h) FUNDING.—Members of the Commission mission, although the members need not tion presented to or otherwise obtained by shall be allowed travel expenses, including agree on the basis for their vote. the Trade Representative in connection with per diem in lieu of subsistence at rates au- (B) DISSENTING OR CONCURRING OPINIONS.— the WTO dispute settlement proceeding in thorized for employees of agencies under sub- Any member of the Commission who dis- which such persons are participating. The chapter I of chapter 57 of title 5, United agrees with a determination of the Commis- Trade Representative shall promulgate regu- States Code, while away from their homes or sion or who concurs in such a determination lations to protect information designated as regular places of business in the performance on a basis different from that of the Commis- confidential in the proceeding. of services for the Commission. sion or other members of the Commission, (c) PARTICIPATION IN PANEL PROCESS.— SEC. 122. DUTIES OF THE COMMISSION. may write an opinion expressing such dis- Upon request from a person described in sub- (a) ADVISING THE CONGRESS ON THE OPER- agreement or concurrence, as the case may section (a), the Trade Representative shall— ATION OF THE WTO DISPUTE SETTLEMENT SYS- be. (1) consult in advance with such person re- TEM.— (2) REPORT.—The Commission shall garding the content of written submissions (1) IN GENERAL.—The Commission shall re- promptly report the determinations de- from the United States to the panel or Ap- view— scribed in paragraph (1)(A) to the appro- pellate Body concerned or to the other mem- (A) all adverse findings that are— priate congressional committees. The Com- ber countries involved; (i) adopted by the Dispute Settlement mission shall include with the report any (2) include, if appropriate, such person or Body; and opinions written under paragraph (1)(B) with the person’s appropriate representative as an (ii) the result of a proceeding initiated respect to the determination. advisory member of the delegation in ses- against the United States by a WTO member; (c) AVAILABILITY TO THE PUBLIC.—Each re- sions of the dispute settlement panel or Ap- and port of the Commission under subsection pellate Body; (B) upon the request of either of the appro- (b)(2), together with the opinions included (3) allow such person, if such person would priate congressional committees— with the report, shall be made available to bring special knowledge to the proceeding, (i) any adverse finding of a dispute settle- the public. to appear before the panel or Appellate Body, ment panel or the Appellate Body— SEC. 123. POWERS OF THE COMMISSION. directly or through counsel, under the super- (I) that is adopted by the Dispute Settle- (a) HEARINGS.—The Commission may hold vision of responsible United States Govern- ment Body; and a public hearing to solicit views concerning ment officials; and (II) in which the United States is a com- an adverse finding or other finding described (4) in proceedings involving confidential plaining party; or in section 122(a)(1), if the Commission con- information, allow the appearance of such (ii) any other finding that is contained in siders such hearing to be necessary to carry person only through counsel as a member of a report of a dispute settlement panel or the out the purpose of this subtitle. The Com- the special delegation. Appellate Body that is adopted by the Dis- mission shall provide reasonable notice of a Subtitle C—Congressional Advisory pute Settlement Body. hearing held pursuant to this subsection. Commission on WTO Dispute Settlement (2) SCOPE OF REVIEW.—The Commission (b) INFORMATION FROM INTERESTED PARTIES SEC. 121. ESTABLISHMENT OF COMMISSION. shall advise the Congress in connection with AND FEDERAL AGENCIES.— (a) ESTABLISHMENT.—There is established a each adverse finding under paragraph (1)(A) (1) NOTICE TO COMMISSION.— commission to be known as the Congres- or (1)(B)(i) or other finding under paragraph (A) UNDER SECTION 122(a)(1)(A).—The Trade sional Advisory Commission on WTO Dispute (1)(B)(ii) on— Representative shall advise the Commission Settlement (in this subtitle referred to as (A) whether the dispute settlement panel not later than 5 business days after the date the ‘‘Commission’’). or the Appellate Body, as the case may be— the Dispute Settlement Body adopts an ad- (b) MEMBERSHIP.— (i) exceeded its authority or its terms of verse finding that is to be reviewed by the (1) COMPOSITION.—The Commission shall be reference; Commission under section 122(a)(1)(A). composed of 5 members, all of whom shall be (ii) added to the obligations, or diminished (B) UNDER SECTION 122(a)(1)(B).—Either of judges or former judges of the Federal judi- the rights, of the United States under the the appropriate congressional committees cial circuits and shall be appointed by the Uruguay Round Agreement that is the sub- may make and notify the Commission of a Speaker of the House of Representatives and ject of the finding; request under section 122(a)(1)(B) not later the President pro tempore of the Senate (iii) acted arbitrarily or capriciously, en- than 1 year after the Dispute Settlement after considering the recommendations of gaged in misconduct, or demonstrably de- Body adopts the adverse finding or other the Chairman and ranking member of each of parted from the procedures specified for pan- finding that is the subject of the request. the appropriate congressional committees. els and the Appellate Body in the applicable (C) FINDINGS ADOPTED PRIOR TO APPOINT- Commissioners shall be chosen without re- Uruguay Round Agreement; or MENT OF COMMISSION.—With respect to any gard to political affiliation and solely on the (iv) deviated from the applicable standard adverse finding or other finding to which sec- basis of each Commissioner’s fitness to per- of review, including in antidumping, coun- tion 122(a)(1)(B) applies and that is adopted form the duties of a Commissioner. tervailing duty, and other trade remedy before the date on which the first members (2) DATE.—The appointments of the initial cases, the standard of review set forth in Ar- of the Commission are appointed under sec- members of the Commission shall be made ticle 17.6 of the Agreement on Implementa- tion 121(b)(2), either of the appropriate con- not later than 90 days after the date of the tion of Article VI of the General Agreement gressional committees may make and notify enactment of this Act. on Tariffs and Trade 1994; the Commission of a request under section (c) PERIOD OF APPOINTMENT; VACANCIES.— (B) whether the finding is consistent with 122(a)(1)(B) with respect to the adverse find- (1) IN GENERAL.—Members of the Commis- the original understanding by the United ing or other finding not later than 1 year sion shall each be appointed for a term of 5 States of the Uruguay Round Agreement after the date on which the first members of years, except that of the members first ap- that is the subject of the finding as explained the Commission are appointed under section pointed, 3 members shall each be appointed in the statement of administrative action 121(b)(2). for a term of 3 years. approved under section 101(a) of the Uruguay (2) SUBMISSIONS AND REQUESTS FOR INFOR- (2) VACANCIES.— Round Agreements Act (19 U.S.C. 3511(a)); MATION.— (A) IN GENERAL.—Any vacancy on the Com- and (A) IN GENERAL.—The Commission shall mission shall not affect its powers, but shall (C) what actions, if any, the United States promptly publish in the Federal Register no- be filled in the same manner in which the should take in response to the finding, in- tice of— original appointment was made and shall be cluding any proposals to amend, rescind, or (i) the notice received under paragraph (1) subject to the same conditions as the origi- otherwise modify a law, regulation, practice, from the Trade Representative or either of nal appointment. or interpretation of the United States. the appropriate congressional committees; (B) UNEXPIRED TERM.—An individual cho- (3) NO DEFERENCE.—In advising the Con- and sen to fill a vacancy shall be appointed for gress under paragraph (2), the Commission (ii) an opportunity for interested parties to the unexpired term of the member replaced. shall not accord deference to findings of law submit written comments to the Commis- (d) INITIAL MEETING.—Not later than 30 days after the date on which all members of made by the dispute settlement panel or the sion. the Commission have been appointed, the Appellate Body, as the case may be. (B) COMMENTS AVAILABLE TO PUBLIC.—The Commission shall hold its first meeting. (b) DETERMINATION; REPORT.— Commission shall make comments sub- (e) MEETINGS.—Except for the initial meet- (1) DETERMINATION.— mitted pursuant to subparagraph (A)(ii) ing, the Commission shall meet at the call of (A) IN GENERAL.—Not later than 150 days available to the public. the Chairperson. after the date on which the Commission re- (C) INFORMATION FROM FEDERAL AGENCIES (f) QUORUM.—A majority of the members of ceives notice of a report or request under AND DEPARTMENTS.—The Commission may the Commission shall constitute a quorum, section 123(b), the Commission shall make a secure directly from any Federal department but a lesser number of members may hold written determination with respect to the or agency such information as the Commis- hearings. matters described in paragraph (2) of sub- sion considers necessary to carry out the (g) CHAIRPERSON AND VICE CHAIRPERSON.— section (a), including a full analysis of the provisions of this subtitle. Upon the request The Commission shall select a Chairperson basis for its determination. A vote by a ma- of the chairperson of the Commission, the

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S918 CONGRESSIONAL RECORD — SENATE January 23, 2007 head of such department or agency shall fur- practice of the United States proposed in a tion shall cease to have force and effect on nish the information requested to the Com- report submitted to the Congress under sub- such date. mission in a timely manner. paragraph (D) or (F) of section 123(g)(1) of (B) APPLICABILITY IN TRADE REMEDY (3) ACCESS TO PANEL AND APPELLATE BODY the Uruguay Round Agreements Act (19 CASES.—The cessation of the force and effect DOCUMENTS.— U.S.C. 3533(g)(1) (D) and (F)) on of the modification described in subpara- (A) IN GENERAL.—The Trade Representative lllllll, relating to llllll .’, with graph (A) shall apply with respect to— shall make available to the Commission all the first blank space being filled with the (i) investigations initiated— submissions and relevant documents relating date on which the report is submitted to the (I) on the basis of petitions filed under sec- to an adverse finding described in section Congress and the second blank space being tion 702(b), 732(b), or 783(a) of the Tariff Act 122(a)(1), including any information con- filled with the specific modification proposed of 1930 (19 U.S.C. 1671a(b), 1673a(b), and tained in such submissions and relevant doc- to the regulation or practice of the United 1677n(a)) or section 202(a), 221, 251(a), or uments identified by the provider of the in- States. 292(a) of the Trade Act of 1974 (19 U.S.C. formation as proprietary information or in- ‘‘(B) PROCEDURAL PROVISIONS.—The proce- 2252(a), 2271, 2341(a), and 2401a(a)) after the formation designated as confidential by a dural provisions of subsections (d) through date on which the modification ceases to foreign government. (i) of section 206 of the Strengthening Amer- have force and effect under subparagraph (B) PUBLIC ACCESS.—Any document that ica’s Trade Laws Act shall apply to a joint (A); the Trade Representative submits to the resolution described in subparagraph (A).’’. (II) by the administering authority under Commission shall be available to the public, (b) EFFECTIVE DATE.— section 702(a) or 732(a) of the Tariff Act of except information that is identified as pro- (1) IN GENERAL.—The amendments made by 1930 (19 U.S.C. 1671a(a) and 1673a(a)) after prietary or confidential or the disclosure of this section shall take effect on the date of such date; or which would otherwise violate the rules of the enactment of this Act. (III) under section 753 of the Tariff Act of the WTO. (2) MODIFICATIONS MADE BETWEEN JANUARY 1930 (19 U.S.C. 1675b) after such date; (c) ASSISTANCE FROM FEDERAL AGENCIES; 1, 2007 AND THE DATE OF THE ENACTMENT OF (ii) reviews initiated under section 751 of CONFIDENTIALITY.— THIS ACT.— the Tariff Act of 1930 (19 U.S.C. 1675)— (1) ADMINISTRATIVE ASSISTANCE.—Any (A) IN GENERAL.—Modifications to any reg- (I) by the administering authority or the agency or department of the United States ulation or practice of a department or agen- International Trade Commission on their that is designated by the President shall pro- cy of the United States made pursuant to the own initiative after such date; or vide administrative services, funds, facili- provisions of section 123(g) of the Uruguay (II) pursuant to a request filed after such ties, staff, or other support services to the Round Agreements Act (19 U.S.C. 3533(g)) date; and Commission to assist the Commission with that became effective on or after January 1, (iii) all proceedings conducted under sec- the performance of the Commission’s func- 2007, and before the date of the enactment of tion 129 of the Uruguay Round Agreements tions. this Act, shall be suspended upon the enact- Act (19 U.S.C. 3538) commenced after such (2) CONFIDENTIALITY.— ment of this Act and have no effect. date. (A) DOCUMENTS AND INFORMATION FROM (B) APPROVAL OF MODIFICATIONS.—On or (3) EFFECT ON PRIOR STATUTORY CHANGES.— AGENCIES.—The Commission shall protect after the date of the enactment of this Act, (A) IN GENERAL.—Paragraph (2)(A) shall from disclosure any document or informa- the Trade Representative and the head of the not apply to modifications to statutes of the tion submitted to it by a department or department or agency within whose jurisdic- United States made in response to adverse agency of the United States that the agency tion the modification described in subpara- findings. or department requests be kept confidential. graph (A) falls may seek approval of such (B) CLARIFICATION OF UNITED STATES (B) DISCLOSURE OF DOCUMENTS AND INFOR- modification pursuant to the procedures set RIGHTS.—If a statute of the United States has MATION OF COMMISSION.—The Commission out in section 123(g)(1) of the Uruguay Round been modified in response to an adverse find- shall not be considered to be an agency for Agreements Act (19 U.S.C. 3533(g)(1)), as ing, the United States shall obtain clarifica- purposes of section 552 of title 5, United amended by subsection (a). tion of the rights and obligations of the States Code. Subtitle E—Clarification of Rights and United States affected by the adverse finding Subtitle D—Congressional Approval of Regu- Obligations Through Negotiations pursuant to subsection (a). latory Action Relating to Adverse WTO De- SEC. 141. CLARIFICATION OF RIGHTS AND OBLI- TITLE II—STRENGTHENING ANTI- cisions GATIONS IN THE WTO THROUGH NE- DUMPING AND COUNTERVAILING DUTY SEC. 131. CONGRESSIONAL APPROVAL OF REGU- GOTIATIONS. LAWS LATORY ACTIONS RELATING TO AD- (a) IN GENERAL.—After an adverse finding, VERSE WTO DECISIONS. the United States shall work within the SEC. 201. PREVENTION OF CIRCUMVENTION. (a) IN GENERAL.—Section 123(g) of the Uru- World Trade Organization to obtain clari- Section 781(c) of the Tariff Act of 1930 (19 guay Round Agreements Act (19 U.S.C. fication of the Uruguay Round Agreement to U.S.C. 1677j(c)) is amended by adding at the 3533(g)) is amended— which the adverse finding applies to conform end the following new paragraph: (1) in paragraph (1)— the Agreement to the understanding of the ‘‘(3) SPECIAL RULE.—The administering au- (A) in subparagraph (E), by striking ‘‘and’’; United States regarding the rights and obli- thority may exclude altered merchandise (B) by redesignating subparagraph (F) as gations of the United States and shall not from the class or kind of merchandise sub- subparagraph (H); and modify the law, regulation, practice, or in- ject to an investigation and order or finding (C) by inserting after subparagraph (E) the terpretation of the United States in response described in paragraph (1), if such exclusion following new subparagraphs: to the adverse finding if— is not inconsistent with the affirmative de- ‘‘(F) the appropriate congressional com- (1) the United States has stated at the Dis- termination of the Commission on which the mittees have received the report on the de- pute Settlement Body that the adverse find- order or finding is based.’’. terminations of the Congressional Advisory ing has created obligations never agreed to SEC. 202. EXPORT PRICE AND CONSTRUCTED EX- Commission on WTO Dispute Settlement by the United States; PORT PRICE. under section 122(b)(2) of the Strengthening (2) either of the appropriate congressional Section 772(c)(2)(A) of the Tariff Act of 1930 America’s Trade Laws Act with respect to committees by resolution finds that the ad- (19 U.S.C. 1677a(c)(2)(A)) is amended by in- the relevant dispute settlement panel or Ap- verse finding has created obligations never serting ‘‘(including antidumping and coun- pellate Body decision; agreed to by the United States; or tervailing duties imposed under this title)’’ ‘‘(G) a joint resolution, described in para- (3) the Congressional Advisory Commission after ‘‘duties’’. graph (2), approving the proposed modifica- on WTO Dispute Resolution makes a deter- tion or final rule is enacted into law after mination under section 122(a)(2)(A)(ii) that SEC. 203. NONMARKET ECONOMY METHOD- the appropriate congressional committees the adverse finding has created obligations OLOGY. receive the report on the determinations of never agreed to by the United States. Section 773(c)(4) of the Tariff Act of 1930 (19 the Congressional Advisory Commission on (b) APPLICABILITY.— U.S.C. 1677b(c)(4)) is amended to read as fol- WTO Dispute Settlement under section (1) IN GENERAL.—This section shall apply to lows: 122(b)(2) of the Strengthening America’s any adverse finding on or after January 1, ‘‘(4) VALUATION OF FACTORS OF PRODUC- Trade Laws Act; and’’; and 2002. TION.— (2) by amending paragraph (2) to read as (2) EFFECT ON MODIFICATION OF REGULATION, ‘‘(A) IN GENERAL.—The administering au- follows: PRACTICE, OR INTERPRETATION ADOPTED BE- thority, in valuing factors of production ‘‘(2) JOINT RESOLUTION TO APPROVE MODI- FORE ENACTMENT OF THIS ACT.— under paragraph (1), shall utilize, to the ex- FICATION IN AGENCY REGULATION OR PRAC- (A) IN GENERAL.—Any agency that modified tent possible, the prices or costs of factors of TICE.— a regulation, practice, or interpretation in production in one or more market economy ‘‘(A) IN GENERAL.—For the purposes of response to an adverse finding between Janu- countries that are— paragraph (1)(G), a joint resolution is a joint ary 1, 2002 and the date of the enactment of ‘‘(i) at a level of economic development resolution of the 2 Houses of the Congress, this Act shall provide notice that the modi- comparable to that of the nonmarket econ- the matter after the resolving clause of fication shall cease to have force and effect omy country; and which is as follows: ‘That the Congress ap- on the date that is 30 days after the date of ‘‘(ii) significant producers of comparable proves the modifications to the regulation or the enactment of this Act and such modifica- merchandise.

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S919 In this paragraph, the term ‘surrogate’ refers tios from financial or other reports from a the administering authority’s final deter- to the values, calculations, and market econ- surrogate country, adjustments shall be mination in the Federal Register; omy countries used under this subparagraph. made to the ratios to reflect fully the level (2) the President shall transmit to the Con- ‘‘(B) VALUING MATERIALS USED IN PRODUC- of such costs and profits in the surrogate gress a request that a joint resolution be in- TION.—In determining the value of materials country on a per item produced basis. troduced pursuant to this section; and used in production under subparagraph (A), ‘‘(ii) RATIOS DEFINED.—For purposes of this (3) a joint resolution shall be introduced in the following applies: subparagraph, the term ‘ratios’ means— the Congress pursuant to this section. ‘‘(i) The administering authority may use ‘‘(I) the ratio of factory overhead to labor, (c) DEFINITION.—For purposes of this sec- the value of inputs that are purchased from materials, and energy; tion, the term ‘‘joint resolution’’ means only market economy suppliers and are not sus- ‘‘(II) the ratio of general selling and ad- a joint resolution of the 2 Houses of the Con- pected of being dumped or subsidized, only ministrative costs to factory overhead, gress, the matter after the resolving clause for the quantity of such purchases. labor, materials, and energy; and of which is as follows: ‘‘That the Congress ‘‘(ii) All materials purchased or otherwise ‘‘(III) the ratio of profit to general selling approves the change of nonmarket economy obtained from nonmarket economy countries and administrative costs, factory overhead, status with respect to the products of shall be valued using surrogate values under labor, materials, and energy. lllll transmitted by the President to subparagraph (A). ‘‘(E) USE OF CONFIDENTIAL INFORMATION the Congress on lllll.’’, the first blank ‘‘(iii) A purchased material shall be viewed FROM A FOREIGN PRODUCER IN A SURROGATE space being filled in with the name of the as suspected of being subsidized if there are COUNTRY.—The administering authority shall country with respect to which a determina- any affirmative findings by the United generally use publicly available information tion has been made under section 771(18)(C)(i) States or another WTO member of export to value factors of production, except that, of the Tariff Act of 1930 (19 U.S.C. subsidy programs in the supplying country. in a case in which any foreign producer in 1677(18)(C)(i)), and the second blank space ‘‘(iv) A purchased material shall be viewed the surrogate country that is willing to pro- being filled with the date on which the Presi- as suspected of being dumped if there are any vide information to the administering au- dent notified the Committee on Finance of affirmative findings by the United States or thority on factors of production to produce the Senate and the Committee on Ways and other WTO member of dumping in the gen- the same class of merchandise and such in- Means of the House of Representatives under eral category of merchandise, or if informa- formation is subject to verification, the ad- subsection (b)(1). tion supplied by the petitioner or otherwise ministering authority shall accept and use (d) INTRODUCTION.—A joint resolution shall be introduced (by request) in the House by of record suggests significant underpricing such information. The relationship of the the majority leader of the House, for himself, to the purchaser in the nonmarket economy foreign producer providing the information or by Members of the House designated by country. to a party to the proceeding shall not be a the majority leader of the House, and shall ‘‘(v) Surrogate values for materials from a basis for disqualification.’’. market economy country shall be dis- be introduced (by request) in the Senate by regarded as not reflective of prices in that SEC. 204. DETERMINATIONS ON THE BASIS OF the majority leader of the Senate, for him- FACTS AVAILABLE. surrogate market only if prices in that mar- self, or by Members of the Senate designated Section 776(a)(2)(B) of the Tariff Act of 1930 ket are viewed as aberrational, such as a by the majority leader of the Senate. (19 U.S.C. 1677e(a)(2)(B)) is amended to read case in which prices undersell or exceed any (e) AMENDMENTS PROHIBITED.—No amend- as follows: reported price in that surrogate market by a ment to a joint resolution shall be in order ‘‘(B) fails to provide such information by large amount. in either the House of Representatives or the the deadline for submission of the informa- ‘‘(vi) There shall be a presumption that the Senate, and no motion to suspend the appli- tion or in the form and manner required, and administering authority will include all cation of this subsection shall be in order in market prices from a surrogate market. in conformity with prior administering au- either House, nor shall it be in order in ei- Prices that are high or low shall be excluded thority determinations in the proceeding and ther House for the presiding officer to enter- only when it is demonstrated that the prices final judicial decisions in the proceeding, tain a request to suspend the application of are not reflective of prices in the surrogate subject to subsections (c)(1) and (e) of sec- this subsection by unanimous consent. country for the relevant category of mer- tion 782,’’. (f) PERIOD FOR COMMITTEE AND FLOOR CON- chandise. SEC. 205. CLARIFICATION OF DETERMINATION SIDERATION.— ‘‘(vii) If amounts pertaining to the cost of OF MATERIAL INJURY. (1) IN GENERAL.—If the committee or com- production of imports into a surrogate coun- Section 771(7) of the Tariff Act of 1930 (19 mittees of either House to which a joint res- try from market economy suppliers are used U.S.C. 1677(7)) is amended by adding at the olution has been referred have not reported for valuing the materials used, such amounts end the following new subparagraph: the joint resolution at the close of the 45th shall be valued on the basis of CIF (cost, in- ‘‘(J) CLARIFICATION OF DETERMINATION OF day after its introduction, such committee surance, and freight), plus duties paid, to MATERIAL INJURY.—In determining if there is or committees shall be automatically dis- provide a proxy for prices in the surrogate material injury, or threat of material injury, charged from further consideration of the country competing with locally produced by reason of imports of the subject merchan- joint resolution and it shall be placed on the goods. Such values shall not be reduced by dise, the Commission shall make the Com- appropriate calendar. A vote on final passage the import duties. mission’s determination without regard to— of the joint resolution shall be taken in each ‘‘(C) VALUING LABOR.— ‘‘(i) whether other imports are likely to re- House on or before the close of the 15th day ‘‘(i) The administering authority may use place subject merchandise, or after the joint resolution is reported by the an average of wage rates for market econo- ‘‘(ii) the effect of a potential order on the committee or committees of that House to mies, but shall ensure that labor rates used domestic industry.’’. which it was referred, or after such com- fully reflect all labor costs, including bene- SEC. 206. REVOCATION OF NONMARKET ECON- mittee or committees have been discharged fits, health care, and pension costs. OMY COUNTRY STATUS. from further consideration of the joint reso- ‘‘(ii) Labor shall be the total labor em- (a) AMENDMENT OF DEFINITION OF ‘‘NON- lution. If, prior to the passage by one House ployed by a nonmarket economy country MARKET ECONOMY COUNTRY’’.—Section of a joint resolution of that House, that producer or used by a nonmarket economy 771(18)(C)(i) of the Tariff Act of 1930 (19 House receives the same joint resolution country producer in the overall business, U.S.C. 1677(18)(C)(i)) is amended to read as from the other House, then— with allocations to other merchandise pro- follows: (A) the procedure in that House shall be duced or sold by that producer that is not ‘‘(i) Any determination that a foreign the same as if no joint resolution had been subject merchandise. country is a nonmarket economy country received from the other House, but ‘‘(iii) Labor shall reflect the average labor shall remain in effect until— (B) the vote on final passage shall be on for all other producers in the nonmarket ‘‘(I) the administering authority makes a the joint resolution of the other House. economy country that are producing the par- final determination to revoke the determina- (2) COMPUTATION OF DAYS.—For purposes of ticular merchandise subject to investigation tion under subparagraph (A); and paragraph (1), in computing a number of or review, and shall not be limited to oper- ‘‘(II) a joint resolution is enacted into law days in either House, there shall be excluded ations used for export. pursuant to section 206 of the Strengthening any day on which that House is not in ses- ‘‘(D) VALUING FACTORY OVERHEAD, GENERAL America’s Trade Laws Act.’’. sion. SELLING AND ADMINISTRATIVE EXPENSES, AND (b) NOTIFICATION BY PRESIDENT; JOINT RES- (g) FLOOR CONSIDERATION IN THE HOUSE.— PROFIT.— OLUTION.—Whenever the administering au- (1) MOTION PRIVILEGED.—A motion in the ‘‘(i) IN GENERAL.—The administering au- thority makes a final determination under House of Representatives to proceed to the thority shall use the best information avail- section 771(18)(C)(i)(I) of the Tariff Act of consideration of a joint resolution shall be able with respect to likely values of factory 1930 (19 U.S.C. 1677(18)(C)(i)(I)) to revoke the highly privileged and not debatable. An overhead, general selling and administrative determination that a foreign country is a amendment to the motion shall not be in expenses, and profit from a surrogate coun- nonmarket economy country— order, nor shall it be in order to move to re- try. If the values determined under subpara- (1) the President shall notify the Com- consider the vote by which the motion is graphs (B) and (C) for materials used and mittee on Finance of the Senate and the agreed to or disagreed to. labor consumed result in amounts that are Committee on Ways and Means of the House (2) DEBATE LIMITED.—Debate in the House demonstrably larger or smaller than the of Representatives of that determination not of Representatives on a joint resolution shall amounts used in determining surrogate ra- later than 10 days after the publication of be limited to not more than 20 hours, which

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S920 CONGRESSIONAL RECORD — SENATE January 23, 2007 shall be divided equally between those favor- amended by inserting ‘‘(including a non- ‘‘(III) foreign direct investment in its terri- ing and those opposing the joint resolution. market economy country)’’ after ‘‘country’’ tory; A motion further to limit debate shall not be each place it appears. ‘‘(IV) currency-specific and aggregate debatable. It shall not be in order to move to (b) DEFINITION OF COUNTERVAILABLE SUB- amounts of foreign currency reserves; and recommit a joint resolution or to move to re- SIDY.—Section 771(5)(E) of the Tariff Act of ‘‘(V) mechanisms employed to maintain its consider the vote by which a joint resolution 1930 (19 U.S.C. 1677(5)(E)) is amended by add- currency at a fixed exchange rate relative to is agreed to or disagreed to. ing at the end the following: ‘‘For purposes another currency and, particularly, the na- (3) MOTIONS TO POSTPONE.—Motions to of clauses (i) through (iv), if there is a rea- ture, duration, monetary expenditures, and postpone, made in the House of Representa- sonable indication that government inter- potential monetary expenditures of those tives with respect to the consideration of a vention has distorted prices or other eco- mechanisms; joint resolution, and motions to proceed to nomic indicators in the country that is sub- ‘‘(ii) may consider such other economic the consideration of other business, shall be ject to the investigation or review, or if data factors as are relevant; and decided without debate. regarding such prices or economic indicators ‘‘(iii) shall measure the trade surpluses or (4) APPEALS.—All appeals from the deci- are otherwise unavailable, then the admin- deficits described in subclauses (I) and (II) of sions of the Chair relating to the application istering authority shall measure the benefit clause (i) with reference to the trade data re- of the Rules of the House of Representatives conferred to the recipient by reference to ported by the United States and the other to the procedure relating to a joint resolu- data regarding relevant prices or other eco- trading partners of the exporting country, tion shall be decided without debate. nomic indicators from a country other than unless such trade data are not available or (5) OTHER RULES.—Except to the extent the country that is subject to the investiga- are demonstrably inaccurate, in which case specifically provided in the preceding provi- tion or review. If there is a reasonable indi- the exporting country’s trade data may be sions of this subsection, consideration of a cation that prices or other economic indica- relied upon if shown to be sufficiently accu- joint resolution shall be governed by the tors within a political subdivision, dependent rate and trustworthy. Rules of the House of Representatives appli- territory, or possession of a foreign country ‘‘(C) TYPE OF ECONOMY.—A country found cable to other bills and resolutions in similar are distorted, or data are not available, then to be engaged in exchange-rate manipulation circumstances. the administering authority shall measure may have— (h) FLOOR CONSIDERATION IN THE SENATE.— the benefit conferred to the recipient in that ‘‘(i) a market economy; (1) MOTION PRIVILEGED.—A motion in the political subdivision, dependent territory, or ‘‘(ii) a nonmarket economy; or Senate to proceed to the consideration of a possession by reference to data from the ‘‘(iii) a combination thereof.’’. joint resolution shall be privileged and not most comparable area or region in which rel- SEC. 303. AFFIRMATION OF NEGOTIATING OBJEC- debatable. An amendment to the motion evant prices or other economic indicators TIVE ON BORDER TAXES. shall not be in order, nor shall it be in order are not distorted, regardless of whether such The Congress reaffirms the negotiating ob- to move to reconsider the vote by which the area or region is in the same country.’’. jective relating to border taxes set forth in motion is agreed to or disagreed to. (c) EFFECTIVE DATE.—The amendments section 2102(b)(15) of the Bipartisan Trade (2) DEBATE LIMITED.—Debate in the Senate made by subsections (a) and (b) apply to peti- Promotion Authority Act of 2002 (19 U.S.C. on a joint resolution, and all debatable mo- tions filed under section 702 of the Tariff Act 3802(b)(15)). tions and appeals in connection therewith, of 1930 (19 U.S.C. 1671a) on or after the date SEC. 304. PRESIDENTIAL CERTIFICATION; APPLI- shall be limited to not more than 20 hours. of the enactment of this Act. CATION OF COUNTERVAILING DUTY The time shall be equally divided between, (d) ANTIDUMPING PROVISIONS NOT AF- LAW. and controlled by, the majority leader and FECTED.—The amendments made by sub- (a) CERTIFICATION BY THE PRESIDENT.— the minority leader or their designees. sections (a) and (b) shall not affect the sta- (1) IN GENERAL.—The President shall cer- (3) CONTROL OF DEBATE.—Debate in the tus of a country as a nonmarket economy tify to the Congress by January 1, 2009 that, Senate on any debatable motion or appeal in country for the purposes of any matter relat- under the Agreement on Subsidies and Coun- connection with a joint resolution shall be ing to antidumping duties under subtitle B tervailing Measures or subsequent agree- limited to not more than 1 hour, to be equal- of title VII of the Tariff Act of 1930 (19 U.S.C. ment of the World Trade Organization, the ly divided between, and controlled by, the 1673 et seq.). full or partial exemption, remission, or de- mover and the manager of the joint resolu- SEC. 302. TREATMENT OF EXCHANGE-RATE MA- ferral specifically related to exports of direct tion, except that in the event the manager of NIPULATION AS COUNTERVAILABLE taxes is treated in the same manner as the the joint resolution is in favor of any such SUBSIDY UNDER TITLE VII OF THE full or partial exemption, remission, or de- motion or appeal, the time in opposition TARIFF ACT OF 1930. ferral specifically related to exports of indi- thereto shall be controlled by the minority (a) AMENDMENTS TO DEFINITION OF rect taxes. leader or his designee. Such leaders, or ei- COUNTERVAILABLE SUBSIDY.—Section (2) EFFECT OF FAILURE TO CERTIFY.—If the ther of them, may, from time under their 771(5)(D) of the Tariff Act of 1930 (19 U.S.C. President does not make the certification to control on the passage of a joint resolution, 1677(5)(D)) is amended— Congress required by paragraph (1) by Janu- allot additional time to any Senator during (1) by striking ‘‘The term’’ and inserting ary 1, 2009, the Secretary of Commerce, in the consideration of any debatable motion or ‘‘(i) The term’’; any investigation conducted under subtitle A appeal. (2) by redesignating clauses (i) through (iv) of title VII of the Tariff Act of 1930 (19 U.S.C. (4) OTHER MOTIONS.—A motion in the Sen- as subclauses (I) through (IV), respectively; 1671 et seq.) to determine whether a ate to further limit debate is not debatable. and countervailable subsidy is being provided A motion to recommit a joint resolution is (3) by adding at the end the following: with respect to a product of a country that not in order. ‘‘(ii) The term ‘provides a financial con- provides the full or partial exemption, remis- (i) RULES OF HOUSE OF REPRESENTATIVES tribution’ includes engaging in exchange- sion, or deferral specifically related to ex- AND SENATE.—Subsections (c) through (h) are rate manipulation (as defined in paragraph ports of indirect taxes on products exported enacted by the Congress— (5C)).’’. from that country, shall treat as a (1) as an exercise of the rulemaking power (b) DEFINITION OF EXCHANGE-RATE MANIPU- countervailable subsidy the full or partial of the House of Representatives and the Sen- LATION.—Section 771 of the Tariff Act of 1930 exemption, remission, or deferral specifically ate, respectively, and as such subsections (c) (19 U.S.C. 1677) is amended by inserting after related to exports of indirect taxes paid on through (h) are deemed a part of the rules of paragraph (5B) the following new paragraph: that product. each House, respectively, but applicable only ‘‘(5C) DEFINITION OF EXCHANGE-RATE MANIP- (b) DEFINITIONS.—In this section: with respect to the procedure to be followed ULATION.— (1) AGREEMENT ON SUBSIDIES AND COUNTER- in that House in the case of joint resolutions ‘‘(A) IN GENERAL.—For purposes of para- VAILING MEASURES.—The term ‘‘Agreement described in subsection (c), and subsections graphs (5) and (5A), the term ‘exchange-rate on Subsidies and Countervailing Measures’’ (c) through (h) supersede other rules only to manipulation’ means protracted large-scale means the agreement referred to in section the extent that they are inconsistent there- intervention by a country to undervalue the 101(d)(12) of the Uruguay Round Agreements with; and country’s currency in the exchange market Act (19 U.S.C. 3511(d)(12)). (2) with full recognition of the constitu- that prevents effective balance-of-payments (2) DIRECT TAXES.—The term ‘‘direct taxes’’ tional right of either House to change the adjustment or that gains an unfair competi- means taxes on wages, profits, interest, rules (so far as relating to the procedure of tive advantage over any other country. rents, royalties, and all other forms of in- that House) at any time, in the same manner ‘‘(B) FACTORS.—In determining whether ex- come, and taxes on the ownership of real and to the same extent as in the case of any change-rate manipulation is occurring and a property. other rule of that House. benefit thereby conferred, the administering (3) IMPORT CHARGES.—The term ‘‘import TITLE III—EXPANSION OF APPLICABILITY authority in each case— charges’’ means tariffs, duties, and other fis- OF COUNTERVAILING DUTIES ‘‘(i) shall consider the exporting coun- cal charges that are levied on imports. try’s— (4) INDIRECT TAXES.—The term ‘‘indirect SEC. 301. APPLICATION OF COUNTERVAILING DU- TIES TO NONMARKET ECONOMIES ‘‘(I) bilateral balance-of-trade surplus or taxes’’ means sales, excise, turnover, value AND STRENGTHENING APPLICATION deficit with the United States; added, franchise, stamp, transfer, inventory, OF THE LAW. ‘‘(II) balance-of-trade surplus or deficit and equipment taxes, border taxes, and all (a) IN GENERAL.—Section 701(a)(1) of the with its other trading partners individually taxes other than direct taxes and import Tariff Act of 1930 (19 U.S.C. 1671(a)(1)) is and in the aggregate; charges.

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S921 (5) FULL OR PARTIAL EXEMPTION, REMISSION, TITLE V—MISCELLANEOUS I ask unanimous consent that the OR DEFERRAL SPECIFICALLY RELATED TO EX- SEC. 501. APPLICATION TO CANADA AND MEXICO. text of the bill be printed in the PORTS OF DIRECT TAXES.—The term ‘‘full or Pursuant to article 1902 of the North Amer- RECORD. partial exemption, remission, or deferral spe- ican Free Trade Agreement and section 408 There being no objection, the text of cifically related to exports of direct taxes’’ of the North American Free Trade Agree- the bill was ordered to be printed in means direct taxes that are paid to the ment Implementation Act (19 U.S.C. 3438), United States Government by a business this Act and the amendments made by this the RECORD, as follows: concern and are fully or partially exempted, Act shall apply with respect to goods from S. 366 remitted, or deferred by the Government by Canada and Mexico. Be it enacted by the Senate and House of Rep- reason of the export by that business con- resentatives of the United States of America in cern of its products from the United States. By Mr. DOMENICI: Congress assembled, (6) FULL OR PARTIAL EXEMPTION, REMISSION, S. 366. A bill to authorize the convey- SECTION 1. SHORT TITLE. OR DEFERRAL SPECIFICALLY RELATED TO EX- ance of certain Federal land in the This Act may be cited as the ‘‘Jornada Ex- PORTS OF INDIRECT TAXES.—The term ‘‘full or State of New Mexico; to the Committee perimental Range Transfer Act of 2007’’. partial exemption, remission, or deferral spe- on Agriculture, Nutrition, and For- SEC. 2. DEFINITIONS. cifically related to exports of indirect taxes’’ estry. In this Act: means indirect taxes that are paid to the Mr. DOMENICI. Mr. President, today (1) BOARD.—The term ‘‘Board’’ means the government of a country by a business con- Chihuahuan Desert Nature Park Board. cern and are fully or partially exempted, re- I rise to introduce an uncontroversial (2) SECRETARY.—The term ‘‘Secretary’’ mitted, or deferred by that government by piece of legislation that I hope will re- means the Secretary of Agriculture. reason of the export by that business con- ceive prompt committee action and cern of its products from that country. will make its way quickly to the Presi- SEC. 3. CONVEYANCE OF LAND TO CHIHUAHUAN DESERT NATURE PARK BOARD. (c) EFFECTIVE PERIOD.— dent’s desk for his signature. (a) CONVEYANCE.—The Secretary may con- (1) IN GENERAL.—Subsection (a) shall cease I would first like to familiarize the to be effective on the date on which the vey to the Board, by quitclaim deed, for no Senate with the important mission and consideration, all right, title, and interest of President makes a certification described in related work of the Chihuahuan Desert subsection (a). the United States in and to the land de- Nature Park in Las Cruces, NM. The scribed in subsection (b). (2) TERMINATION OF COUNTERVAILING DUTY Chihuahuan Desert is the largest (b) DESCRIPTION OF LAND.—The parcel of ORDERS.—Any countervailing duty order that is issued pursuant to an investigation con- desert in North America and contains a land referred to in subsection (a) consists of ducted under subsection (a) and is still in ef- great variety of unique plant and ani- not more than 1000 acres of land selected by fect on the date described in paragraph (1) mal species. The ecosystem makes up the Secretary— shall terminate on such date. an indispensable part of the (1) that is located in the Jornada Experi- mental Range in the State of New Mexico; TITLE IV—LIMITATION ON PRESIDENTIAL Southwest’s treasured ecological diver- and DISCRETION IN ADDRESSING MARKET sity. As such, it is important that we (2) that is subject to an easement granted DISRUPTION teach our youth an appreciation for by the Agricultural Research Service to the SEC. 401. ACTION TO ADDRESS MARKET DISRUP- New Mexico’s biological diversity and Board. TION. impart upon them the value of this ec- (c) CONDITIONS.—The conveyance of land Section 421 of the Trade Act of 1974 (19 ological treasure. under subsection (a) shall be subject to— U.S.C. 2451) is amended— The Chihuahuan Desert Nature Park (1) the condition that the Board pay— (1) in subsection (a), by striking ‘‘to the ex- is a non-profit institution that has (A) the cost of any surveys of the land; and tent and for such period’’ and all that follows (B) any other costs relating to the convey- to the end period and inserting ‘‘as rec- spent the past six years providing hands-on science education to K–12th ance; ommended by the International Trade Com- (2) any rights-of-way to the land reserved mission’’; graders. To achieve this mission, the by the Secretary; (2) in subsection (e), by striking ‘‘agreed Nature Park provides classroom pres- (3) a covenant or restriction in the deed to upon by either group’’ and all that follows to entations, field trips, schoolyard ecol- the land described in subsection (b) requiring the end period and inserting ‘‘shall be con- ogy projects and teacher workshops. that— sidered an affirmative determination’’; The Nature Park serves more than (A) the land may be used only for edu- (3) in subsection (f)— 11,000 students and 600 teachers annu- cational purposes; (A) by striking ‘‘ON PROPOSED REMEDIES’’ ally. This instruction will enable our (B) if the land is no longer used for the pur- in the heading and inserting ‘‘FOR RELIEF’’; future leaders to make informed deci- poses described in subparagraph (A), the land (B) by striking ‘‘the Commission shall pro- shall, at the discretion of the Secretary, re- pose’’ and inserting ‘‘the Commission shall sions about how best to manage these vert to the United States; and recommend’’; and valuable resources. I commend those at (C) if the land is determined by the Sec- (C) by striking ‘‘proposed action’’ and in- the Nature Park for taking the initia- retary to be environmentally contaminated serting ‘‘recommended action’’; tive to create and administer a wonder- under subsection (d)(2)(A), the Board shall (4) by striking subsection (h); fully successful program that has been remediate the contamination; and (5) in subsection (i)— so beneficial to the surrounding com- (4) any other terms and conditions that the (A) in the flush sentence at the end of munity. Secretary determines to be appropriate. paragraph (1), by striking ‘‘agreed upon by The Chihuahuan Desert Nature Park (d) REVERSION.—If the land conveyed under either group’’ and all that follows to the end was granted a 1,000 acre easement in subsection (a) is no longer used for the pur- period and inserting ‘‘shall be deemed an af- 1998 at the southern boundary of poses described in subsection (c)(3)(A)— firmative determination’’; and (1) the land shall, at the discretion of the (B) by striking paragraphs (3) and (4); USDA—Agriculture Research Service Secretary, revert to the United States; and (6) by striking subsections (j) and (k); (USDA–ARS) property just north of (2) if the Secretary chooses to have the (7) by amending paragraph (1) of subsection Las Cruces, NM. This easement will ex- land revert to the United States, the Sec- (l) to read as follows: ‘‘(1) The President’s pire soon. It is important that we pro- retary shall— implementation of the International Trade vide them a permanent location so that (A) determine whether the land is environ- Commission remedy shall be published in the they are able to continue their valu- mentally contaminated, including contami- Federal Register.’’; able mission. nation from hazardous wastes, hazardous (8) by amending subsection (m) to read as The bill I introduce today would substances, pollutants, contaminants, petro- follows: leum, or petroleum by-products; and ‘‘(m) EFFECTIVE DATE OF RELIEF.—Import transfer an insignificant amount of land: 1,000 of 193,000 USDA acres to the (B) if the Secretary determines that the relief under this section shall take effect on land is environmentally contaminated, the the date the International Trade Commis- Desert Nature Park so that they may Board or any other person responsible for the sion’s recommendation is published in the continue their important work. The contamination shall remediate the contami- Federal Register, but not later than 15 days USDA-ARS has approved the land nation. after the date of the Commission’s vote rec- transfer, noting the critically impor- ommending the relief.’’; tant mission of the Desert Park. In ad- By Mr. BIDEN (for himself, Mr. (9) by amending subsection (n) to read as dition, this bill was passed by the Sen- BAUCUS, Mrs. BOXER, Ms. CANT- follows: ate in the 109th Congress without WELL, Mrs. CLINTON, Mr. DODD, ‘‘(n) MODIFICATION OF RELIEF.—Any import relief that includes an increase in duty or amendments by unanimous consent. I Mrs. FEINSTEIN, Mr. HARKIN, the imposition of import restrictions shall be have no doubt that Senators on both Mr. KERRY, Mr. KOHL, Mr. LAU- for a period not to exceed 3 years.’’; and sides of the aisle will recognize the im- TENBERG, Mr. LEAHY, Mr. (10) by striking subsection (o). portance of this land transfer. LIEBERMAN, Mr. MENENDEZ, Ms.

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S922 CONGRESSIONAL RECORD — SENATE January 23, 2007 MIKULSKI, Mr. OBAMA, Mr. complete elimination of the Justice ask all of my colleagues to go ask their REED, Mr. SALAZAR, Mr. SCHU- Assistance Grant. local police chief or sheriff and ask MER, Mr. SMITH, Ms. STABENOW, These cuts are coming at the worst them if they should support this legis- and Mr. REID): possible time. Local law enforcement is lation, and I hope that they will be- S. 368. A bill to amend the Omnibus facing what I have called a perfect cause if they did it would be passed 100– Crime Control and Safe Streets Act of storm. The FBI is reprogramming its 0. 1968 to enhance the cops on the beat field agents from local crime to ter- I ask unanimous consent that the grant program, and for other purposes; rorism. Undoubtedly, this is necessary text of this legislation be printed in to the Committee on the Judiciary. given the threats facing our Nation. the RECORD. Mr. BIDEN. Mr. President, today, I But, this means that there will be less There being no objection, the text of rise to introduce legislation, the COPS Federal assistance for drug cases, bank the bill was ordered to be printed in Improvement Act of 2007, to reauthor- robberies, and violent crime. Local law the RECORD, as follows: ize the Department of Justice’s Office enforcement will be required to fill the S. 368 of Community Oriented Policing Serv- gap left by the FBI in addition to per- Be it enacted by the Senate and House of Rep- ices (COPS). This program has forming more and more homeland secu- resentatives of the United States of America in achieved what my colleagues and I rity duties. Congress assembled, hoped for back when we were debating Due to budget restraints at the local SECTION 1. SHORT TITLE. the 1994 Crime Bill. Prior to the final level and the unprecedented cuts in This Act may be cited as the ‘‘COPS Im- provements Act of 2007’’. vote, in August of 1994, I stated that ‘‘I Federal assistance they will be less able to do either. Articles in the USA SEC. 2. COPS GRANT IMPROVEMENTS. will vote for this bill, because, as much (a) IN GENERAL.—Section 1701 of the Omni- as anything I have ever voted on in 22 Today and the New York Times high- bus Crime Control and Safe Streets Act of years in the U.S. Senate, I truly be- lighted the fact that many cities are 1968 (42 U.S.C. 3796dd) is amended— lieve that passage of this legislation being forced to eliminate officers be- (1) by amending subsection (a) to read as will make a difference in the lives of cause of local budgets woes. In fact, follows: the American people. I believe with New York City has lost over 3,000 offi- ‘‘(a) GRANT AUTHORIZATION.—The Attorney cers in the 1ast few years. Other cities, General shall carry out grant programs every fiber in my being that if this bill under which the Attorney General makes passes, fewer people will be murdered, such as Cleveland, MN, and Houston, grants to States, units of local government, fewer people will be victims, fewer TX, are facing similar shortages. As a Indian tribal governments, other public and women will be senselessly beaten, result, local police chiefs are reluc- private entities, multi-jurisdictional or re- fewer people will continue on the drug tantly pulling officers from the gional consortia, and individuals for the pur- path, and fewer children will become proactive policing activities that were poses described in subsections (b), (c), (d), criminals.’’ so successful in the nineties, and they and (e).’’; Fortunately, with the creation of the are unable to provide sufficient num- (2) in subsection (b)— COPS program, we were able to form a bers of officers for Federal task forces. (A) by striking the subsection heading text and inserting ‘‘COMMUNITY POLICING AND partnership amongst Federal, State, These choices are not made lightly. Po- CRIME PREVENTION GRANTS’’; and local law enforcement and create lice chiefs understand the value of (B) in paragraph (3), by striking ‘‘, to in- programs that helped drive down crime proactive policing and the need to be crease the number of officers deployed in rates for eight consecutive years. In involved in homeland security task community-oriented policing’’; 1994 we had historically high rates of forces; however, they simply don’t have (C) in paragraph (4), by inserting ‘‘or violent crimes, such as murders, forc- the manpower to do it all. Responding train’’ after ‘‘pay for’’; ible rapes, and aggravated assaults. We to emergency calls must take prece- (D) by inserting after paragraph (4) the fol- were able to reduce these to the lowest dence over proactive programs and lowing: ‘‘(5) award grants to hire school resource levels in a generation. We reduced the task forces, and we are beginning to officers and to establish school-based part- murder rate by 37.8 percent; we reduced pay the price. The FBI is reporting ris- nerships between local law enforcement forcible rapes by 19.1 percent; and we ing violent crime in cities throughout agencies and local school systems to combat reduced aggravated assaults by 25.5 the Nation, with murder rates rising 3.4 crime, gangs, drug activities, and other prob- percent. Property crimes, including percent in 2005. Additionally, the pre- lems in and around elementary and sec- auto thefts also were reduced from his- liminary numbers for 2006 show that ondary schools;’’; torical highs to the lowest levels in violent crime is up 3.7 percent and (E) by striking paragraph (9); decades. The COPS program has been murder rates up 1.4 percent when com- (F) by redesignating paragraphs (10) through (12) as paragraphs (9) through (11), endorsed by every major law enforce- pared to last year’s preliminary num- respectively; ment group in the Nation, including bers. (G) by striking paragraph (13); the International Association of Chiefs Although the COPS program was re- (H) by redesignating paragraphs (14) of Police (IACP), the National Associa- authorized as part of Department of through (17) as paragraphs (12) through (15), tion of Police Organizations (NAPO), Justice Reauthorization, this bill is respectively; the National Sheriffs Association critical for several reasons. First, it re- (I) in paragraph (14), as so redesignated, by (NSA), the International Brotherhood establishes our commitment to the hir- striking ‘‘and’’ at the end; of Police Organizations, the National ing program by including a separate (J) in paragraph (15), as so redesignated, by authorization of $600 million to hire of- striking the period at the end and inserting Organization of Black Law Enforce- a semicolon; and ment Officials (NOBLE), the Inter- ficers to engage in community polic- (K) by adding at the end the following: national Union of Police Associations ing, intelligence gathering, and as ‘‘(16) establish and implement innovative (IUPA), the Fraternal Order of Police, school resource officers. We need more programs to reduce and prevent illegal drug and others. cops on the beat and in our schools, manufacturing, distribution, and use, includ- Rather than support this important and this will help get us there. It also ing the manufacturing, distribution, and use program, the Bush Administration and authorizes $350 million per year for of methamphetamine; and Republican leadership has been set on technology grants, and it includes $200 ‘‘(17) award enhancing community policing eliminating it. President Bush has pro- million per year to help local district and crime prevention grants that meet emerging law enforcement needs, as war- posed cuts each year he has been in of- attorneys hire community prosecutors. ranted.’’; fice, and while we have fought to main- Finally, it congressionally establishes (3) by striking subsection (c); tain funding for COPS, the hiring pro- the COPS office as the entity within (4) by striking subsections (h) and (i); gram was completely eliminated in the Department of Justice to carry out (5) by redesignating subsections (d) 2005. Overall funding for State and these functions in order to eliminate through (g) as subsections (f) through (i), re- local law enforcement programs has duplication of efforts. The bottom line spectively; been slashed by billions and the COPS is that this bill keeps faith with our (6) by inserting after subsection (b) the fol- lowing: hiring program has been completely State and local law enforcement offi- ‘‘(c) TROOPS-TO-COPS PROGRAMS.— eliminated. Last year’s budget request cers who put their lives on the line ‘‘(1) IN GENERAL.—Grants made under sub- contained only $117 million for local every day to keep our communities section (a) may be used to hire former mem- law enforcement from COPS and the safe from crime and terrorism. I would bers of the Armed Forces to serve as career

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S923 law enforcement officers for deployment in (A) in the matter preceding paragraph (1), grants under section 1701(d), and not more community-oriented policing, particularly in by inserting ‘‘, unless waived by the Attor- than $350,000,000 shall be used for grants communities that are adversely affected by a ney General’’ after ‘‘under this part shall’’; under section 1701(e).’’. recent military base closing. (B) by striking paragraph (8); and (h) PURPOSES.—Section 10002 of the Public ‘‘(2) DEFINITION.—In this subsection, (C) by redesignating paragraphs (9) Safety Partnership and Community Policing ‘former member of the Armed Forces’ means through (11) as paragraphs (8) through (10), Act of 1994 (42 U.S.C. 3796dd note) is amend- a member of the Armed Forces of the United respectively; and ed— States who is involuntarily separated from (2) by striking subsection (d). (1) in paragraph (4), by striking ‘‘develop- the Armed Forces within the meaning of sec- (c) RENEWAL OF GRANTS.—Section 1703 of ment’’ and inserting ‘‘use’’; and tion 1141 of title 10, United States Code. the Omnibus Crime Control and Safe Streets (2) in the matter following paragraph (4), ‘‘(d) COMMUNITY PROSECUTORS PROGRAM.— Act of 1968 (42 U.S.C. 3796dd-2) is amended to by striking ‘‘for a period of 6 years’’. The Attorney General may make grants read as follows: (i) COPS PROGRAM IMPROVEMENTS.— under subsection (a) to pay for additional ‘‘SEC. 1703. RENEWAL OF GRANTS. (1) IN GENERAL.—Section 109(b) of the Om- community prosecuting programs, including ‘‘(a) IN GENERAL.—A grant made under this nibus Crime Control and Safe Streets Act of programs that assign prosecutors to— part may be renewed, without limitations on 1968 (42 U.S.C. 3712h(b)) is amended— ‘‘(1) handle cases from specific geographic the duration of such renewal, to provide ad- (A) by striking paragraph (1); areas; and ditional funds, if the Attorney General deter- (B) by redesignating paragraphs (2) and (3) ‘‘(2) address counter-terrorism problems, mines that the funds made available to the as paragraphs (1) and (2), respectively; and specific violent crime problems (including recipient were used in a manner required (C) in paragraph (2), as so redesignated, by intensive illegal gang, gun, and drug enforce- under an approved application and if the re- inserting ‘‘, except for the program under ment and quality of life initiatives), and lo- cipient can demonstrate significant progress part Q of this title’’ before the period. calized violent and other crime problems in achieving the objectives of the initial ap- (2) LAW ENFORCEMENT COMPUTER SYS- based on needs identified by local law en- plication. TEMS.—Section 107 of the Omnibus Crime forcement agencies, community organiza- ‘‘(b) NO COST EXTENSIONS.—Notwith- Control and Safe Streets Act of 1968 (42 tions, and others. standing subsection (a), the Attorney Gen- U.S.C. 3712f) is amended by adding at the end ‘‘(e) TECHNOLOGY GRANTS.—The Attorney eral may extend a grant period, without lim- the following: General may make grants under subsection itations as to the duration of such extension, ‘‘(c) EXCEPTION.—This section shall not (a) to develop and use new technologies (in- to provide additional time to complete the apply to any grant made under part Q of this cluding interoperable communications tech- objectives of the initial grant award.’’. title.’’. nologies, modernized criminal record tech- (d) LIMITATION ON USE OF FUNDS.—Section nology, and forensic technology) to assist 1704 of the Omnibus Crime Control and Safe f State and local law enforcement agencies in Streets Act of 1968 (42 U.S.C. 3796dd-3) is reorienting the emphasis of their activities amended— SUBMITTED RESOLUTIONS from reacting to crime to preventing crime (1) in subsection (a), by striking ‘‘that and to train law enforcement officers to use would, in the absence of Federal funds re- such technologies.’’; ceived under this part, be made available (7) in subsection (f), as so redesignated— from State or local sources’’ and inserting SENATE RESOLUTION 37—DESIG- (A) in paragraph (1), by striking ‘‘to ‘‘that the Attorney General determines States, units of local government, Indian would, in the absence of Federal funds re- NATING MARCH 26, 2007 AS ‘‘NA- tribal governments, and to other public and ceived under this part, be made available for TIONAL SUPPORT THE TROOPS private entities,’’; the purpose of the grant under this part from DAY’’ AND ENCOURAGING THE (B) in paragraph (2), by striking ‘‘define for State or local sources’’; and PEOPLE OF THE UNITED STATES State and local governments, and other pub- (2) by striking subsection (c). TO PARTICIPATE IN A MOMENT lic and private entities,’’ and inserting ‘‘es- (e) ENFORCEMENT ACTIONS.— OF SILENCE TO REFLECT UPON tablish’’; (1) IN GENERAL.—Section 1706 of the Omni- THE SERVICE AND SACRIFICE OF bus Crime Control and Safe Streets Act of (C) in the first sentence of paragraph (3), MEMBERS OF THE ARMED by inserting ‘‘(including regional community 1968 (42 U.S.C. 3796dd-5) is amended— policing institutes)’’ after ‘‘training centers (A) in the section heading, by striking FORCES BOTH AT HOME AND or facilities’’; and ‘‘REVOCATION OR SUSPENSION OF FUND- ABROAD (D) by adding at the end the following: ING’’ and inserting ‘‘ENFORCEMENT AC- Ms. STABENOW (for herself and Mr. ’’; and ‘‘(4) EXCLUSIVITY.—The Office of Commu- TIONS LEVIN) submitted the following resolu- (B) by striking ‘‘revoke or suspend’’ and all nity Oriented Policing Services shall be the tion; which was referred to the Com- exclusive component of the Department of that follows and inserting ‘‘take any enforce- Justice to perform the functions and activi- ment action available to the Department of mittee on the Judiciary: ties specified in this paragraph.’’; Justice.’’. S. RES. 37 (8) in subsection (g), as so redesignated, by (2) TECHNICAL AND CONFORMING AMEND- Whereas it was through the brave and striking ‘‘may utilize any component’’, and MENT.—The table of contents of title I of the noble efforts of the forefathers of the United all that follows and inserting ‘‘shall use the Omnibus Crime Control and Safe Streets Act States that the United States first gained Office of Community Oriented Policing Serv- of 1968 (42 U.S.C. 3711) is amended by striking freedom and became a sovereign country; ices of the Department of Justice in carrying the item relating to section 1706 and insert- Whereas there are more than 1,300,000 reg- out this part.’’; ing the following: ular members of the Armed Forces and more (9) in subsection (h), as so redesignated— ‘‘Sec. 1706. Enforcement actions.’’. than 1,100,000 members of the National Guard (A) by striking ‘‘subsection (a)’’ the first (f) DEFINITIONS.—Section 1709(1) of the Om- and Reserves serving the Nation in support place that term appears and inserting ‘‘para- nibus Crime Control and Safe Streets Act of and defense of the values and freedom that graphs (1) and (2) of subsection (b)’’; and 1968 (42 U.S.C. 3796dd-8(1)) is amended— all people in the United States cherish; (B) by striking ‘‘in each fiscal year pursu- (1) by inserting ‘‘who is a sworn law en- Whereas the members of the Armed Forces ant to subsection (a)’’ and inserting ‘‘in each forcement officer’’ after ‘‘permanent basis’’; deserve the utmost respect and admiration fiscal year for purposes described in para- and of the people of the United States for putting graph (1) and (2) of subsection (b)’’; (2) by inserting ‘‘, including officers for the their lives in danger for the sake of the free- (10) in subsection (i), as so redesignated, by Amtrak Police Department’’ before the pe- doms enjoyed by all people of the United striking the second sentence; and riod at the end. States; (11) by adding at the end the following: (g) AUTHORIZATION OF APPROPRIATIONS.— Whereas members of the Armed Forces are ‘‘(j) RETENTION OF ADDITIONAL OFFICER PO- Section 1001(11) of the Omnibus Crime Con- defending freedom and democracy around SITIONS.—For any grant under paragraph (1) trol and Safe Streets Act of 1968 (42 U.S.C. the globe and are playing a vital role in pro- or (2) of subsection (b) for hiring or rehiring 3793(11)) is amended— tecting the safety and security of all the peo- career law enforcement officers, a grant re- (1) in subparagraph (A), by striking ple of the United States; and cipient shall retain each additional law en- ‘‘1,047,119,000’’ and inserting ‘‘1,150,000,000’’; Whereas all people of the United States forcement officer position created under that and should participate in a moment of silence to grant for not less than 12 months after the (2) in subparagraph (B)— support the troops: Now, therefore, be it end of the period of that grant, unless the (A) in the first sentence, by striking ‘‘3 Resolved, That the Senate— Attorney General waives, wholly or in part, percent’’ and inserting ‘‘5 percent’’; and (1) designates March 26, 2007 as ‘‘National the retention requirement of a program, (B) by striking the second sentence and in- Support the Troops Day’’; and project, or activity.’’. serting the following: ‘‘Of the funds available (2) encourages all people in the United (b) APPLICATIONS.—Section 1702 of the Om- for grants under part Q, not less than States to participate in a moment of silence nibus Crime Control and Safe Streets Act of $600,000,000 shall be used for grants for the to reflect upon the service and sacrifice of 1968 (42 U.S.C. 3796dd-1) is amended— purposes specified in section 1701(b), not members of the Armed Forces both at home (1) in subsection (c)— more than $200,000,000 shall be used for and abroad.

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S924 CONGRESSIONAL RECORD — SENATE January 23, 2007 AMENDMENTS SUBMITTED AND to the bill H.R. 2, supra; which was ordered tended to be proposed by him to the bill H.R. PROPOSED to lie on the table. 2, supra; which was ordered to lie on the SA 132. Mr. SMITH (for himself and Mr. table. SA 111. Mr. SUNUNU submitted an amend- SCHUMER) submitted an amendment intended SA 151. Mr. ENSIGN (for himself, Mr. ment intended to be proposed by him to the to be proposed by him to the bill H.R. 2, DEMINT, Mr. GRAHAM, and Mr. COBURN) sub- bill H.R. 2, to amend the Fair Labor Stand- supra; which was ordered to lie on the table. mitted an amendment intended to be pro- ards Act of 1938 to provide for an increase in SA 133. Mr. COBURN submitted an amend- posed by him to the bill H.R. 2, supra; which the Federal minimum wage; which was or- ment intended to be proposed by him to the was ordered to lie on the table. dered to lie on the table. bill H.R. 2, supra; which was ordered to lie on SA 152. Mr. ENSIGN (for himself and Mr. SA 112. Mr. SUNUNU submitted an amend- the table. INHOFE) submitted an amendment intended ment intended to be proposed to amendment SA 134. Mr. COBURN submitted an amend- to be proposed to amendment SA 100 pro- SA 100 proposed by Mr. REID (for Mr. BAU- ment intended to be proposed by him to the posed by Mr. REID (for Mr. BAUCUS) to the CUS) to the bill H.R. 2, supra. bill H.R. 2, supra; which was ordered to lie on bill H.R. 2, supra. SA 113. Mr. SMITH submitted an amend- the table. SA 153. Mr. ENSIGN (for himself, Mr. SES- ment intended to be proposed by him to the SA 135. Mr. CORNYN submitted an amend- SIONS, Mr. CRAIG, Mrs. DOLE, Mr. THOMAS, bill H.R. 2, supra; which was ordered to lie on ment intended to be proposed to amendment Mr. CORNYN, Mr. INHOFE, Mr. ISAKSON, and the table. SA 100 proposed by Mr. REID (for Mr. BAU- Mr. COLEMAN) submitted an amendment in- SA 114. Mr. THUNE (for himself and Mr. CUS) to the bill H.R. 2, supra; which was or- tended to be proposed to amendment SA 100 VITTER) submitted an amendment intended dered to lie on the table. proposed by Mr. REID (for Mr. BAUCUS) to the to be proposed by him to the bill H.R. 2, SA 136. Mr. CORNYN submitted an amend- bill H.R. 2, supra. supra; which was ordered to lie on the table. ment intended to be proposed by him to the SA 154. Mr. ENSIGN (for himself, Mr. SA 115. Mr. KYL proposed an amendment bill H.R. 2, supra; which was ordered to lie on DEMINT, Mr. GRAHAM, and Mr. COBURN) sub- to amendment SA 100 proposed by Mr. REID the table. mitted an amendment intended to be pro- (for Mr. BAUCUS) to the bill H.R. 2, supra. SA 137. Mr. CORNYN submitted an amend- posed to amendment SA 100 proposed by Mr. SA 116. Mr. ALLARD submitted an amend- ment intended to be proposed by him to the REID (for Mr. BAUCUS) to the bill H.R. 2, ment intended to be proposed by him to the bill H.R. 2, supra; which was ordered to lie on supra. bill H.R. 2, supra; which was ordered to lie on the table. SA 155. Mr. DEMINT submitted an amend- the table. SA 138. Mr. CORNYN submitted an amend- ment intended to be proposed by him to the SA 117. Mr. CHAMBLISS (for himself, Mr. ment intended to be proposed to amendment bill H.R. 2, supra; which was ordered to lie on BURR, and Mr. ISAKSON) submitted an amend- SA 100 proposed by Mr. REID (for Mr. BAU- the table. ment intended to be proposed by him to the CUS) to the bill H.R. 2, supra; which was or- SA 156. Mr. DEMINT submitted an amend- bill H.R. 2, supra; which was ordered to lie on dered to lie on the table. ment intended to be proposed by him to the the table. SA 139. Mr. CORNYN submitted an amend- bill H.R. 2, supra; which was ordered to lie on SA 118. Mr. CHAMBLISS (for himself, Mr. ment intended to be proposed by him to the the table. ISAKSON, and Mr. BURR) submitted an amend- bill H.R. 2, supra; which was ordered to lie on SA 157. Mr. DEMINT submitted an amend- ment intended to be proposed by him to the the table. ment intended to be proposed by him to the bill H.R. 2, supra; which was ordered to lie on SA 140. Mr. CORNYN submitted an amend- bill H.R. 2, supra; which was ordered to lie on the table. ment intended to be proposed to amendment SA 119. Mr. BUNNING submitted an the table. SA 100 proposed by Mr. REID (for Mr. BAU- SA 158. Mr. DEMINT submitted an amend- amendment intended to be proposed to CUS) to the bill H.R. 2, supra; which was or- ment intended to be proposed by him to the amendment SA 100 proposed by Mr. REID (for dered to lie on the table. bill H.R. 2, supra; which was ordered to lie on Mr. BAUCUS) to the bill H.R. 2, supra. SA 120. Ms. SNOWE submitted an amend- SA 141. Mr. SESSIONS submitted an the table. ment intended to be proposed by her to the amendment intended to be proposed by him SA 159. Mr. DEMINT submitted an amend- bill H.R. 2, supra; which was ordered to lie on to the bill H.R. 2, supra; which was ordered ment intended to be proposed by him to the the table. to lie on the table. bill H.R. 2, supra; which was ordered to lie on SA 121. Ms. SNOWE submitted an amend- SA 142. Mr. SESSIONS submitted an the table. ment intended to be proposed by her to the amendment intended to be proposed to SA 160. Mr. DEMINT submitted an amend- bill H.R. 2, supra; which was ordered to lie on amendment SA 100 proposed by Mr. REID (for ment intended to be proposed by him to the the table. Mr. BAUCUS) to the bill H.R. 2, supra; which bill H.R. 2, supra; which was ordered to lie on SA 122. Ms. SNOWE (for herself and Mrs. was ordered to lie on the table. the table. LINCOLN) submitted an amendment intended SA 143. Mr. SESSIONS submitted an SA 161. Mr. DEMINT submitted an amend- to be proposed by her to the bill H.R. 2, amendment intended to be proposed by him ment intended to be proposed by him to the supra; which was ordered to lie on the table. to the bill H.R. 2, supra; which was ordered bill H.R. 2, supra; which was ordered to lie on SA 123. Ms. SNOWE (for herself and Mrs. to lie on the table. the table. LINCOLN) submitted an amendment intended SA 144. Mr. SESSIONS submitted an SA 162. Mr. DEMINT submitted an amend- to be proposed by her to the bill H.R. 2, amendment intended to be proposed to ment intended to be proposed by him to the supra; which was ordered to lie on the table. amendment SA 100 proposed by Mr. REID (for bill H.R. 2, supra; which was ordered to lie on SA 124. Ms. SNOWE submitted an amend- Mr. BAUCUS) to the bill H.R. 2, supra; which the table. ment intended to be proposed by her to the was ordered to lie on the table. SA 163. Ms. SNOWE (for herself and Mr. bill H.R. 2, supra; which was ordered to lie on SA 145. Mr. SESSIONS (for himself, Mr. FEINGOLD) submitted an amendment in- the table. INHOFE, and Mr. GRASSLEY) submitted an tended to be proposed by her to the bill H.R. SA 125. Ms. SNOWE submitted an amend- amendment intended to be proposed by him 2, supra; which was ordered to lie on the ment intended to be proposed by her to the to the bill H.R. 2, supra; which was ordered table. bill H.R. 2, supra; which was ordered to lie on to lie on the table. SA 164. Ms. SNOWE submitted an amend- the table. SA 146. Mr. SESSIONS (for himself and Mr. ment intended to be proposed by her to the SA 126. Mr. FEINGOLD submitted an INHOFE) submitted an amendment intended bill H.R. 2, supra; which was ordered to lie on amendment intended to be proposed by him to be proposed by him to the bill H.R. 2, the table. to the bill H.R. 2, supra; which was ordered supra; which was ordered to lie on the table. SA 165. Mr. SMITH (for himself and Mr. to lie on the table. SA 147. Mr. SESSIONS (for himself and Mr. BINGAMAN) submitted an amendment in- SA 127. Mr. FEINGOLD submitted an INHOFE) submitted an amendment intended tended to be proposed by him to the bill H.R. amendment intended to be proposed by him to be proposed to amendment SA 100 pro- 2, supra; which was ordered to lie on the to the bill H.R. 2, supra; which was ordered posed by Mr. REID (for Mr. BAUCUS) to the table. to lie on the table. bill H.R. 2, supra; which was ordered to lie on SA 166. Mr. SMITH submitted an amend- SA 128. Mr. KERRY (for himself and Ms. the table. ment intended to be proposed by him to the SNOWE) submitted an amendment intended SA 148. Mr. SESSIONS (for himself, Mr. bill H.R. 2, supra; which was ordered to lie on to be proposed by him to the bill H.R. 2, INHOFE, and Mr. GRASSLEY) submitted an the table. supra; which was ordered to lie on the table. amendment intended to be proposed to SA 167. Mrs. FEINSTEIN (for herself and SA 129. Mr. INHOFE submitted an amend- amendment SA 100 proposed by Mr. REID (for Mr. CRAIG) submitted an amendment in- ment intended to be proposed to amendment Mr. BAUCUS) to the bill H.R. 2, supra; which tended to be proposed to amendment SA 118 SA 100 proposed by Mr. REID (for Mr. BAU- was ordered to lie on the table. submitted by Mr. CHAMBLISS (for himself, CUS) to the bill H.R. 2, supra; which was or- SA 149. Mr. ENSIGN (for himself and Mr. Mr. ISAKSON, and Mr. BURR) and intended to dered to lie on the table. INHOFE) submitted an amendment intended be proposed to the bill H.R. 2, supra; which SA 130. Mr. VOINOVICH submitted an to be proposed by him to the bill H.R. 2, was ordered to lie on the table. amendment intended to be proposed by him supra; which was ordered to lie on the table. SA 168. Mrs. FEINSTEIN (for herself and to the bill H.R. 2, supra; which was ordered SA 150. Mr. ENSIGN (for himself, Mr. SES- Mr. CRAIG) submitted an amendment in- to lie on the table. SIONS, Mr. CRAIG, Mrs. DOLE, Mr. THOMAS, tended to be proposed to amendment SA 117 SA 131. Mr. VOINOVICH submitted an Mr. CORNYN, Mr. INHOFE, Mr. ISAKSON, and submitted by Mr. CHAMBLISS (for himself, amendment intended to be proposed by him Mr. COLEMAN) submitted an amendment in- Mr. BURR, and Mr. ISAKSON) and intended to

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S925 be proposed to the bill H.R. 2, supra; which agency’ means a public housing agency SEC. ll. RENEWAL GRANTS FOR WOMEN’S BUSI- was ordered to lie on the table. that— NESS CENTERS. SA 169. Mr. ALLARD submitted an amend- ‘‘(i) administers— Section 29 of the Small Business Act (15 ment intended to be proposed by him to the ‘‘(I) 500 or fewer public housing dwelling U.S.C. 656) is amended by adding at the end bill H.R. 2, supra; which was ordered to lie on units; or the following: the table. ‘‘(II) any number of vouchers under section ‘‘(m) CONTINUED FUNDING FOR CENTERS.— SA 170. Mr. GREGG (for himself, Mr. 8(o) of this Act; and ‘‘(1) IN GENERAL.—A nonprofit organization SUNUNU, and Mr. ISAKSON) submitted an ‘‘(ii) is not designated under section 6(j)(2) described in paragraph (2) shall be eligible to amendment intended to be proposed by him as a troubled public housing agency.’’. receive, subject to paragraph (3), a 3-year grant under this subsection. to the bill H.R. 2, supra; which was ordered (c) RESIDENT PARTICIPATION.—Section 5A of ‘‘(2) APPLICABILITY.—A nonprofit organiza- to lie on the table. the United States Housing Act of 1937 (42 tion described in this paragraph is a non- SA 171. Mr. GREGG (for himself, Mr. U.S.C. 1437c–1) is amended— profit organization that— SUNUNU, and Mr. ISAKSON) submitted an (1) in subsection (e), by inserting after ‘‘(A) has received funding under sub- amendment intended to be proposed to paragraph (3) the following: sections (b) and (l); and amendment SA 100 proposed by Mr. REID (for ‘‘(4) QUALIFIED PUBLIC HOUSING AGENCIES.— Mr. BAUCUS) to the bill H.R. 2, supra; which ‘‘(B) is not eligible under the programs ‘‘(A) IN GENERAL.—Except as provided in under such subsections for the first fiscal was ordered to lie on the table. subparagraph (B), nothing in this section SA 172. Mr. ROBERTS submitted an year after the end of the period of financial may be construed to exempt a qualified pub- amendment intended to be proposed by him assistance under subsection (l). lic housing agency from the requirement to the bill H.R. 2, supra; which was ordered ‘‘(3) APPLICATION AND APPROVAL CRITERIA.— under paragraph (1) to establish 1 or more to lie on the table. ‘‘(A) CRITERIA.—The Administrator shall resident advisory boards. Notwithstanding SA 173. Mr. KERRY submitted an amend- develop and publish criteria for the consider- that qualified public housing agencies are ment intended to be proposed to amendment ation and approval of applications by non- exempt under subsection (b)(3)(A) from the SA 112 submitted by Mr. SUNUNU to the profit organizations under this subsection. requirement under this section to prepare amendment SA 100 proposed by Mr. REID (for ‘‘(B) NOTIFICATION.—Not later than 60 days and submit an annual public housing plan, Mr. BAUCUS) to the bill H.R. 2, supra; which after the date of the deadline to submit ap- each qualified public housing agency shall was ordered to lie on the table. plications for each fiscal year, the Adminis- SA 174. Mr. KERRY submitted an amend- consult with, and consider the recommenda- trator shall approve or deny any application ment intended to be proposed by him to the tions of the resident advisory boards for the under this subsection and notify the appli- bill H.R. 2, supra; which was ordered to lie on agency, at the annual public hearing re- cant for each such application. the table. quired under subsection (f)(5), regarding any ‘‘(4) AWARD OF GRANTS.— SA 175. Mr. HATCH submitted an amend- changes to the goals, objectives, and policies ‘‘(A) IN GENERAL.—Subject to the avail- ment intended to be proposed by him to the of that agency. ability of appropriations, the Administrator bill H.R. 2, supra; which was ordered to lie on ‘‘(B) APPLICABILITY OF WAIVER AUTHOR- shall make a grant for the Federal share of the table. ITY.—Paragraph (3) shall apply to qualified the cost of activities described in the appli- public housing agencies, except that for pur- f cation to each applicant approved under this poses of such qualified public housing agen- subsection. TEXT OF AMENDMENTS cies, subparagraph (B) of such paragraph ‘‘(B) AMOUNT.—A grant under this sub- shall be applied by substituting ‘the func- SA 111. Mr. SUNUNU submitted an section shall be for not less than $90,000 and tions described in the second sentence of not more than $150,000, for each year of that amendment intended to be proposed by paragraph (4)(A)’ for ‘the functions described him to the bill H.R. 2, to amend the grant. in paragraph (2)’. ‘‘(C) FEDERAL SHARE.—The Federal share Fair Labor Standards Act of 1938 to ‘‘(f) PUBLIC HEARINGS.—’’; and under this subsection shall be not more than provide for an increase in the Federal (2) in subsection (f) (as so designated by 50 percent. minimum wage; which was ordered to the amendment made by paragraph (1)), by ‘‘(D) PRIORITY.—In allocating funds made lie on the table; as follows: adding at the end the following: available for grants under this section, the At the appropriate place, insert the fol- ‘‘(5) QUALIFIED PUBLIC HOUSING AGENCIES.— Administrator shall give applications under lowing: ‘‘(A) REQUIREMENT.—Notwithstanding that this subsection priority over first-time appli- qualified public housing agencies are exempt SEC. ll. PUBLIC HOUSING AGENCY PLANS FOR cations under subsection (b). CERTAIN QUALIFIED PUBLIC HOUS- under subsection (b)(3)(A) from the require- ‘‘(5) RENEWAL.—The Administrator may ING AGENCIES. ment under this section to conduct a public renew a grant under this subsection for addi- (a) SHORT TITLE.—This section may be hearing regarding the annual public housing tional 3-year periods, if the nonprofit organi- cited as the ‘‘Small Public Housing Authori- plan of the agency, each qualified public zation submits an application for such re- ties Paperwork Reduction Act’’. housing agency shall annually conduct a newal at such time, in such manner, and ac- (b) IN GENERAL.—Section 5A(b) of the public hearing— companied by such information as the Ad- United States Housing Act of 1937 (42 U.S.C. ‘‘(i) to discuss any changes to the goals, ministrator may establish.’’. 1437c–1(b)) is amended by adding at the end objectives, and policies of the agency; and the following: ‘‘(ii) to invite public comment regarding SA 113. Mr. SMITH submitted an ‘‘(3) EXEMPTION OF CERTAIN PHAS FROM FIL- such changes. amendment intended to be proposed by ING REQUIREMENT.— ‘‘(B) AVAILABILITY OF INFORMATION AND NO- him to the bill H.R. 2, to amend the ‘‘(A) IN GENERAL.—Notwithstanding para- TICE.—Not later than 45 days before the date Fair Labor Standards Act of 1938 to graph (1) or any other provision of this Act— of any hearing described in subparagraph provide for an increase in the Federal (A), a qualified public housing agency shall— ‘‘(i) the requirement under paragraph (1) minimum wage; which was ordered to shall not apply to any qualified public hous- ‘‘(i) make all information relevant to the ing agency; and hearing and any determinations of the agen- lie on the table; as follows: ‘‘(ii) except as provided in subsection cy regarding changes to the goals, objec- At the appropriate place, insert the fol- (e)(4)(B), any reference in this section or any tives, and policies of the agency to be consid- lowing: other provision of law to a ‘public housing ered at the hearing available for inspection SEC. ll. PERMANENT EXTENSION OF CERTAIN agency’ shall not be considered to refer to by the public at the principal office of the EDUCATION-RELATED TAX INCEN- TIVES. any qualified public housing agency, to the public housing agency during normal busi- (a) REPEAL OF SUNSET ON AFFORDABLE EDU- extent such reference applies to the require- ness hours; and CATION PROVISIONS.—Title IX of the Eco- ment to submit an annual public housing ‘‘(ii) publish a notice informing the public nomic Growth and Tax Relief Reconciliation agency plan under this subsection. that— ‘‘(I) the information is available as re- Act of 2001 (relating to sunset of provisions ‘‘(B) CIVIL RIGHTS CERTIFICATION.—Notwith- of such Act) shall not apply to title IV of quired under clause (i); and standing that qualified public housing agen- such Act (relating to affordable education ‘‘(II) a public hearing under subparagraph cies are exempt under subparagraph (A) from provisions). (A) will be conducted.’’ the requirement under this section to pre- (b) PERMANENT EXTENSION OF ABOVE-THE- pare and submit an annual public housing LINE DEDUCTION FOR CERTAIN EXPENSES OF plan, each qualified public housing agency SA 112. Mr. SUNUNU submitted an ELEMENTARY AND SECONDARY SCHOOL TEACH- shall, on an annual basis, make the certifi- amendment intended to be proposed to ERS.—Subparagraph (D) of section 62(a)(2) of cation described in paragraph (16) of sub- amendment SA 100 proposed by Mr. the Internal Revenue Code of 1986 is amended section (d), except that for purposes of such REID (for Mr. BAUCUS) to the bill H.R. by striking ‘‘In the case of taxable years be- qualified public housing agencies, such para- 2, to amend the Fair Labor Standards ginning during 2002, 2003, 2004, 2005, 2006, or graph shall be applied by substituting ‘the Act of 1938 to provide for an increase in 2007, the deductions’’ and inserting ‘‘The de- public housing program of the agency’ for ductions’’. ‘the public housing agency plan’. the Federal minimum wage; as follows: ‘‘(C) DEFINITION.—For purposes of this sec- At the appropriate place, insert the fol- SA 114. Mr. THUNE (for himself and tion, the term ‘qualified public housing lowing: Mr. VITTER) submitted an amendment

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S926 CONGRESSIONAL RECORD — SENATE January 23, 2007 intended to be proposed by him to the ‘‘(c) REQUIREMENTS APPLICABLE TO CER- adequate to carry out the terms of the plan bill H.R. 2, to amend the Fair Labor TIFIED PLANS.—An association health plan and to meet all requirements of this title ap- Standards Act of 1938 to provide for an with respect to which certification under plicable to the plan. increase in the Federal minimum wage; this part is in effect shall meet the applica- ‘‘(3) RULES GOVERNING RELATIONSHIP TO ble requirements of this part, effective on PARTICIPATING EMPLOYERS AND TO CONTRAC- which was ordered to lie on the table; the date of certification (or, if later, on the TORS.— as follows: date on which the plan is to commence oper- ‘‘(A) BOARD MEMBERSHIP.— At the appropriate place, insert the fol- ations). ‘‘(i) IN GENERAL.—Except as provided in lowing: ‘‘(d) REQUIREMENTS FOR CONTINUED CER- clauses (ii) and (iii), the members of the TITLE ll—SMALL BUSINESS HEALTH TIFICATION.—The applicable authority may board of trustees are individuals selected COVERAGE provide by regulation for continued certifi- from individuals who are the owners, offi- cation of association health plans under this SEC. l01. SHORT TITLE. cers, directors, or employees of the partici- part. pating employers or who are partners in the This title may be cited as the ‘‘Small Busi- ‘‘(e) CLASS CERTIFICATION FOR FULLY IN- participating employers and actively partici- ness Health Improvement Act of 2007’’. SURED PLANS.—The applicable authority pate in the business. SEC. l02. RULES GOVERNING ASSOCIATION shall establish a class certification proce- ‘‘(ii) LIMITATION.— HEALTH PLANS. dure for association health plans under ‘‘(I) GENERAL RULE.—Except as provided in (a) IN GENERAL.—Subtitle B of title I of the which all benefits consist of health insurance subclauses (II) and (III), no such member is Employee Retirement Income Security Act coverage. Under such procedure, the applica- an owner, officer, director, or employee of, or of 1974 is amended by adding after part 7 the ble authority shall provide for the granting partner in, a contract administrator or other following new part: of certification under this part to the plans service provider to the plan. in each class of such association health plans ‘‘PART 8—RULES GOVERNING ‘‘(II) LIMITED EXCEPTION FOR PROVIDERS OF ASSOCIATION HEALTH PLANS upon appropriate filing under such procedure in connection with plans in such class and SERVICES SOLELY ON BEHALF OF THE SPON- ‘‘SEC. 801. ASSOCIATION HEALTH PLANS. payment of the prescribed fee under section SOR.—Officers or employees of a sponsor ‘‘(a) IN GENERAL.—For purposes of this 807(a). which is a service provider (other than a con- part, the term ‘association health plan’ ‘‘(f) CERTIFICATION OF SELF-INSURED ASSO- tract administrator) to the plan may be means a group health plan whose sponsor is CIATION HEALTH PLANS.—An association members of the board if they constitute not (or is deemed under this part to be) described health plan which offers one or more benefit more than 25 percent of the membership of in subsection (b). options which do not consist of health insur- the board and they do not provide services to ‘‘(b) SPONSORSHIP.—The sponsor of a group ance coverage may be certified under this the plan other than on behalf of the sponsor. health plan is described in this subsection if part only if such plan consists of any of the ‘‘(III) TREATMENT OF PROVIDERS OF MEDICAL such sponsor— following: CARE.—In the case of a sponsor which is an ‘‘(1) is organized and maintained in good ‘‘(1) a plan which offered such coverage on association whose membership consists pri- faith, with a constitution and bylaws specifi- the date of the enactment of the Small Busi- marily of providers of medical care, sub- cally stating its purpose and providing for ness Health Improvement Act of 2007, clause (I) shall not apply in the case of any periodic meetings on at least an annual ‘‘(2) a plan under which the sponsor does service provider described in subclause (I) basis, as a bona fide trade association, a not restrict membership to one or more who is a provider of medical care under the bona fide industry association (including a trades and businesses or industries and plan. rural electric cooperative association or a whose eligible participating employers rep- ‘‘(iii) CERTAIN PLANS EXCLUDED.—Clause (i) rural telephone cooperative association), a resent a broad cross-section of trades and shall not apply to an association health plan bona fide professional association, or a bona businesses or industries, or which is in existence on the date of the en- fide chamber of commerce (or similar bona ‘‘(3) a plan whose eligible participating em- actment of the Small Business Health Im- fide business association, including a cor- ployers represent one or more trades or busi- provement Act of 2007. poration or similar organization that oper- nesses, or one or more industries, consisting ‘‘(B) SOLE AUTHORITY.—The board has sole ates on a cooperative basis (within the mean- of any of the following: agriculture; equip- authority under the plan to approve applica- ing of section 1381 of the Internal Revenue ment and automobile dealerships; barbering tions for participation in the plan and to Code of 1986)), for substantial purposes other and cosmetology; certified public accounting contract with a service provider to admin- than that of obtaining or providing medical practices; child care; construction; dance, ister the day-to-day affairs of the plan. care; theatrical and orchestra productions; dis- ‘‘(c) TREATMENT OF FRANCHISE NET- ‘‘(2) is established as a permanent entity infecting and pest control; financial services; WORKS.—In the case of a group health plan which receives the active support of its fishing; foodservice establishments; hos- members and requires for membership pay- which is established and maintained by a pitals; labor organizations; logging; manu- franchiser for a franchise network consisting ment on a periodic basis of dues or payments facturing (metals); mining; medical and den- of its franchisees— necessary to maintain eligibility for mem- tal practices; medical laboratories; profes- ‘‘(1) the requirements of subsection (a) and bership in the sponsor; and sional consulting services; sanitary services; section 801(a) shall be deemed met if such re- ‘‘(3) does not condition membership, such transportation (local and freight); quirements would otherwise be met if the dues or payments, or coverage under the warehousing; wholesaling/distributing; or franchiser were deemed to be the sponsor re- plan on the basis of health status-related any other trade or business or industry ferred to in section 801(b), such network were factors with respect to the employees of its which has been indicated as having average deemed to be an association described in sec- members (or affiliated members), or the de- or above-average risk or health claims expe- tion 801(b), and each franchisee were deemed pendents of such employees, and does not rience by reason of State rate filings, denials to be a member (of the association and the condition such dues or payments on the basis of coverage, proposed premium rate levels, sponsor) referred to in section 801(b); and of group health plan participation. or other means demonstrated by such plan in ‘‘(2) the requirements of section 804(a)(1) Any sponsor consisting of an association of accordance with regulations. shall be deemed met. entities which meet the requirements of ‘‘SEC. 803. REQUIREMENTS RELATING TO SPON- paragraphs (1), (2), and (3) shall be deemed to SORS AND BOARDS OF TRUSTEES. The Secretary may by regulation define for be a sponsor described in this subsection. ‘‘(a) SPONSOR.—The requirements of this purposes of this subsection the terms ‘fran- ‘‘SEC. 802. CERTIFICATION OF ASSOCIATION subsection are met with respect to an asso- chiser’, ‘franchise network’, and ‘franchisee’. HEALTH PLANS. ciation health plan if the sponsor has met (or ‘‘(a) IN GENERAL.—The applicable author- is deemed under this part to have met) the ‘‘SEC. 804. PARTICIPATION AND COVERAGE RE- ity shall prescribe by regulation a procedure requirements of section 801(b) for a contin- QUIREMENTS. under which, subject to subsection (b), the uous period of not less than 3 years ending ‘‘(a) COVERED EMPLOYERS AND INDIVID- applicable authority shall certify association with the date of the application for certifi- UALS.—The requirements of this subsection health plans which apply for certification as cation under this part. meeting the requirements of this part. ‘‘(b) BOARD OF TRUSTEES.—The require- are met with respect to an association ‘‘(b) STANDARDS.—Under the procedure pre- ments of this subsection are met with re- health plan if, under the terms of the plan— scribed pursuant to subsection (a), in the spect to an association health plan if the fol- ‘‘(1) each participating employer must be— case of an association health plan that pro- lowing requirements are met: ‘‘(A) a member of the sponsor, vides at least one benefit option which does ‘‘(1) FISCAL CONTROL.—The plan is oper- ‘‘(B) the sponsor, or not consist of health insurance coverage, the ated, pursuant to a trust agreement, by a ‘‘(C) an affiliated member of the sponsor applicable authority shall certify such plan board of trustees which has complete fiscal with respect to which the requirements of as meeting the requirements of this part control over the plan and which is respon- subsection (b) are met, only if the applicable authority is satisfied sible for all operations of the plan. except that, in the case of a sponsor which is that the applicable requirements of this part ‘‘(2) RULES OF OPERATION AND FINANCIAL a professional association or other indi- are met (or, upon the date on which the plan CONTROLS.—The board of trustees has in ef- vidual-based association, if at least one of is to commence operations, will be met) with fect rules of operation and financial con- the officers, directors, or employees of an respect to the plan. trols, based on a 3-year plan of operation, employer, or at least one of the individuals

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S927 who are partners in an employer and who ac- ‘‘(C) incorporates the requirements of sec- ‘‘SEC. 806. MAINTENANCE OF RESERVES AND tively participates in the business, is a mem- tion 806. PROVISIONS FOR SOLVENCY FOR PLANS PROVIDING HEALTH BENE- ber or such an affiliated member of the spon- ‘‘(2) CONTRIBUTION RATES MUST BE NON- sor, participating employers may also in- FITS IN ADDITION TO HEALTH IN- DISCRIMINATORY.— SURANCE COVERAGE. clude such employer; and ‘‘(A) The contribution rates for any par- ‘‘(a) IN GENERAL.—The requirements of this ‘‘(2) all individuals commencing coverage ticipating small employer do not vary on the section are met with respect to an associa- under the plan after certification under this basis of any health status-related factor in tion health plan if— part must be— relation to employees of such employer or ‘‘(1) the benefits under the plan consist ‘‘(A) active or retired owners (including their beneficiaries and do not vary on the solely of health insurance coverage; or self-employed individuals), officers, direc- basis of the type of business or industry in ‘‘(2) if the plan provides any additional tors, or employees of, or partners in, partici- which such employer is engaged. benefit options which do not consist of pating employers; or ‘‘(B) Nothing in this title or any other pro- health insurance coverage, the plan— ‘‘(B) the beneficiaries of individuals de- vision of law shall be construed to preclude ‘‘(A) establishes and maintains reserves scribed in subparagraph (A). an association health plan, or a health insur- with respect to such additional benefit op- ‘‘(b) COVERAGE OF PREVIOUSLY UNINSURED ance issuer offering health insurance cov- tions, in amounts recommended by the quali- EMPLOYEES.—In the case of an association fied actuary, consisting of— health plan in existence on the date of the erage in connection with an association ‘‘(i) a reserve sufficient for unearned con- enactment of the Small Business Health Im- health plan, from— tributions; provement Act of 2007, an affiliated member ‘‘(i) setting contribution rates based on the ‘‘(ii) a reserve sufficient for benefit liabil- of the sponsor of the plan may be offered claims experience of the plan; or ities which have been incurred, which have coverage under the plan as a participating ‘‘(ii) varying contribution rates for small employer only if— employers in a State to the extent that such not been satisfied, and for which risk of loss ‘‘(1) the affiliated member was an affiliated rates could vary using the same method- has not yet been transferred, and for ex- member on the date of certification under ology employed in such State for regulating pected administrative costs with respect to this part; or premium rates in the small group market such benefit liabilities; ‘‘(2) during the 12-month period preceding with respect to health insurance coverage of- ‘‘(iii) a reserve sufficient for any other ob- the date of the offering of such coverage, the fered in connection with bona fide associa- ligations of the plan; and affiliated member has not maintained or tions (within the meaning of section ‘‘(iv) a reserve sufficient for a margin of contributed to a group health plan with re- 2791(d)(3) of the Public Health Service Act), error and other fluctuations, taking into ac- count the specific circumstances of the plan; spect to any of its employees who would oth- subject to the requirements of section 702(b) erwise be eligible to participate in such asso- and relating to contribution rates. ‘‘(B) establishes and maintains aggregate ciation health plan. ‘‘(3) FLOOR FOR NUMBER OF COVERED INDI- ‘‘(c) INDIVIDUAL MARKET UNAFFECTED.—The and specific excess/stop loss insurance and VIDUALS WITH RESPECT TO CERTAIN PLANS.—If solvency indemnification, with respect to requirements of this subsection are met with any benefit option under the plan does not respect to an association health plan if, such additional benefit options for which consist of health insurance coverage, the under the terms of the plan, no participating risk of loss has not yet been transferred, as plan has as of the beginning of the plan year employer may provide health insurance cov- follows: not fewer than 1,000 participants and bene- erage in the individual market for any em- ‘‘(i) The plan shall secure aggregate excess/ ployee not covered under the plan which is ficiaries. stop loss insurance for the plan with an at- similar to the coverage contemporaneously ‘‘(4) MARKETING REQUIREMENTS.— tachment point which is not greater than 125 provided to employees of the employer under ‘‘(A) IN GENERAL.—If a benefit option which percent of expected gross annual claims. The the plan, if such exclusion of the employee consists of health insurance coverage is of- applicable authority may by regulation pro- from coverage under the plan is based on a fered under the plan, State-licensed insur- vide for upward adjustments in the amount health status-related factor with respect to ance agents shall be used to distribute to of such percentage in specified cir- the employee and such employee would, but small employers coverage which does not cumstances in which the plan specifically for such exclusion on such basis, be eligible consist of health insurance coverage in a provides for and maintains reserves in excess for coverage under the plan. manner comparable to the manner in which of the amounts required under subparagraph ‘‘(d) PROHIBITION OF DISCRIMINATION such agents are used to distribute health in- (A). AGAINST EMPLOYERS AND EMPLOYEES ELIGI- surance coverage. ‘‘(ii) The plan shall secure specific excess/ BLE TO PARTICIPATE.—The requirements of ‘‘(B) STATE-LICENSED INSURANCE AGENTS.— stop loss insurance for the plan with an at- this subsection are met with respect to an For purposes of subparagraph (A), the term tachment point which is at least equal to an association health plan if— ‘State-licensed insurance agents’ means one amount recommended by the plan’s qualified ‘‘(1) under the terms of the plan, all em- or more agents who are licensed in a State actuary. The applicable authority may by ployers meeting the preceding requirements and are subject to the laws of such State re- regulation provide for adjustments in the of this section are eligible to qualify as par- lating to licensure, qualification, testing, ex- amount of such insurance in specified cir- ticipating employers for all geographically amination, and continuing education of per- cumstances in which the plan specifically available coverage options, unless, in the sons authorized to offer, sell, or solicit provides for and maintains reserves in excess case of any such employer, participation or health insurance coverage in such State. of the amounts required under subparagraph contribution requirements of the type re- ‘‘(5) REGULATORY REQUIREMENTS.—Such (A). ferred to in section 2711 of the Public Health other requirements as the applicable author- ‘‘(iii) The plan shall secure indemnification Service Act are not met; ity determines are necessary to carry out insurance for any claims which the plan is ‘‘(2) upon request, any employer eligible to the purposes of this part, which shall be pre- unable to satisfy by reason of a plan termi- nation. participate is furnished information regard- scribed by the applicable authority by regu- ing all coverage options available under the lation. Any person issuing to a plan insurance de- plan; and scribed in clause (i), (ii), or (iii) of subpara- ‘‘(3) the applicable requirements of sec- ‘‘(b) ABILITY OF ASSOCIATION HEALTH PLANS graph (B) shall notify the Secretary of any tions 701, 702, and 703 are met with respect to TO DESIGN BENEFIT OPTIONS.—Subject to sec- failure of premium payment meriting can- the plan. tion 514(d), nothing in this part or any provi- cellation of the policy prior to undertaking ‘‘SEC. 805. OTHER REQUIREMENTS RELATING TO sion of State law (as defined in section such a cancellation. Any regulations pre- PLAN DOCUMENTS, CONTRIBUTION 514(c)(1)) shall be construed to preclude an scribed by the applicable authority pursuant RATES, AND BENEFIT OPTIONS. association health plan, or a health insur- to clause (i) or (ii) of subparagraph (B) may ‘‘(a) IN GENERAL.—The requirements of this ance issuer offering health insurance cov- allow for such adjustments in the required section are met with respect to an associa- levels of excess/stop loss insurance as the erage in connection with an association tion health plan if the following require- qualified actuary may recommend, taking ments are met: health plan, from exercising its sole discre- into account the specific circumstances of ‘‘(1) CONTENTS OF GOVERNING INSTRU- tion in selecting the specific items and serv- the plan. MENTS.—The instruments governing the plan ices consisting of medical care to be included ‘‘(b) MINIMUM SURPLUS IN ADDITION TO include a written instrument, meeting the as benefits under such plan or coverage, ex- CLAIMS RESERVES.—In the case of any asso- requirements of an instrument required cept (subject to section 514) in the case of (1) ciation health plan described in subsection under section 402(a)(1), which— any law to the extent that it is not pre- (a)(2), the requirements of this subsection ‘‘(A) provides that the board of trustees empted under section 731(a)(1) with respect are met if the plan establishes and maintains serves as the named fiduciary required for surplus in an amount at least equal to— to matters governed by section 711, 712, or plans under section 402(a)(1) and serves in ‘‘(1) $500,000, or the capacity of a plan administrator (re- 713, or (2) any law of the State with which ‘‘(2) such greater amount (but not greater ferred to in section 3(16)(A)); filing and approval of a policy type offered than $2,000,000) as may be set forth in regula- ‘‘(B) provides that the sponsor of the plan by the plan was initially obtained to the ex- tions prescribed by the applicable authority, is to serve as plan sponsor (referred to in sec- tent that such law prohibits an exclusion of considering the level of aggregate and spe- tion 3(16)(B)); and a specific disease from such coverage. cific excess/stop loss insurance provided with

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(and, if the applicable authority is not the tion with an association health plan, plan as- ‘‘(c) ADDITIONAL REQUIREMENTS.—In the Secretary, certifies such determination to sets which meet the fiduciary standards case of any association health plan described the Secretary), the Secretary shall deter- under part 4 and such additional require- in subsection (a)(2), the applicable authority mine the amounts necessary to make pay- ments regarding liquidity as the applicable may provide such additional requirements ments to an insurer (designated by the Sec- authority may prescribe by regulation. relating to reserves, excess/stop loss insur- retary) to maintain in force excess/stop loss ‘‘(j) SOLVENCY STANDARDS WORKING ance, and indemnification insurance as the insurance coverage or indemnification insur- GROUP.— applicable authority considers appropriate. ance coverage for such plan, if the Secretary ‘‘(1) IN GENERAL.—Within 90 days after the Such requirements may be provided by regu- determines that there is a reasonable expec- date of the enactment of the Small Business lation with respect to any such plan or any tation that, without such payments, claims Health Improvement Act of 2007, the applica- class of such plans. would not be satisfied by reason of termi- ble authority shall establish a Solvency ‘‘(d) ADJUSTMENTS FOR EXCESS/STOP LOSS nation of such coverage. The Secretary shall, Standards Working Group. In prescribing the INSURANCE.—The applicable authority may to the extent provided in advance in appro- initial regulations under this section, the ap- provide for adjustments to the levels of re- priation Acts, pay such amounts so deter- plicable authority shall take into account serves otherwise required under subsections mined to the insurer designated by the Sec- the recommendations of such Working (a) and (b) with respect to any plan or class retary. Group. of plans to take into account excess/stop loss ‘‘(3) ASSOCIATION HEALTH PLAN FUND.— ‘‘(2) MEMBERSHIP.—The Working Group insurance provided with respect to such plan ‘‘(A) IN GENERAL.—There is established on shall consist of not more than 15 members or plans. the books of the Treasury a fund to be appointed by the applicable authority. The ‘‘(e) ALTERNATIVE MEANS OF COMPLIANCE.— known as the ‘Association Health Plan applicable authority shall include among The applicable authority may permit an as- Fund’. The Fund shall be available for mak- persons invited to membership on the Work- sociation health plan described in subsection ing payments pursuant to paragraph (2). The ing Group at least one of each of the fol- (a)(2) to substitute, for all or part of the re- Fund shall be credited with payments re- lowing: quirements of this section (except subsection ceived pursuant to paragraph (1)(A), pen- ‘‘(A) a representative of the National Asso- (a)(2)(B)(iii)), such security, guarantee, hold- alties received pursuant to paragraph (1)(B); ciation of Insurance Commissioners; harmless arrangement, or other financial ar- and earnings on investments of amounts of ‘‘(B) a representative of the American rangement as the applicable authority deter- the Fund under subparagraph (B). Academy of Actuaries; mines to be adequate to enable the plan to ‘‘(B) INVESTMENT.—Whenever the Secretary ‘‘(C) a representative of the State govern- fully meet all its financial obligations on a determines that the moneys of the fund are ments, or their interests; timely basis and is otherwise no less protec- in excess of current needs, the Secretary ‘‘(D) a representative of existing self-in- tive of the interests of participants and bene- may request the investment of such amounts sured arrangements, or their interests; ficiaries than the requirements for which it as the Secretary determines advisable by the ‘‘(E) a representative of associations of the is substituted. The applicable authority may Secretary of the Treasury in obligations type referred to in section 801(b)(1), or their take into account, for purposes of this sub- issued or guaranteed by the United States. interests; and section, evidence provided by the plan or ‘‘(g) EXCESS/STOP LOSS INSURANCE.—For ‘‘(F) a representative of multiemployer sponsor which demonstrates an assumption purposes of this section— plans that are group health plans, or their of liability with respect to the plan. Such ‘‘(1) AGGREGATE EXCESS/STOP LOSS INSUR- interests. evidence may be in the form of a contract of ANCE.—The term ‘aggregate excess/stop loss ‘‘SEC. 807. REQUIREMENTS FOR APPLICATION indemnification, lien, bonding, insurance, insurance’ means, in connection with an as- AND RELATED REQUIREMENTS. letter of credit, recourse under applicable sociation health plan, a contract— ‘‘(a) FILING FEE.—Under the procedure pre- terms of the plan in the form of assessments ‘‘(A) under which an insurer (meeting such scribed pursuant to section 802(a), an asso- of participating employers, security, or minimum standards as the applicable au- ciation health plan shall pay to the applica- other financial arrangement. thority may prescribe by regulation) pro- ble authority at the time of filing an applica- ‘‘(f) MEASURES TO ENSURE CONTINUED PAY- vides for payment to the plan with respect to tion for certification under this part a filing MENT OF BENEFITS BY CERTAIN PLANS IN DIS- aggregate claims under the plan in excess of fee in the amount of $5,000, which shall be TRESS.— an amount or amounts specified in such con- available in the case of the Secretary, to the ‘‘(1) PAYMENTS BY CERTAIN PLANS TO ASSO- tract; extent provided in appropriation Acts, for CIATION HEALTH PLAN FUND.— ‘‘(B) which is guaranteed renewable; and the sole purpose of administering the certifi- ‘‘(A) IN GENERAL.—In the case of an asso- ‘‘(C) which allows for payment of pre- cation procedures applicable with respect to ciation health plan described in subsection miums by any third party on behalf of the association health plans. (a)(2), the requirements of this subsection insured plan. ‘‘(b) INFORMATION TO BE INCLUDED IN APPLI- are met if the plan makes payments into the ‘‘(2) SPECIFIC EXCESS/STOP LOSS INSUR- CATION FOR CERTIFICATION.—An application Association Health Plan Fund under this ANCE.—The term ‘specific excess/stop loss in- for certification under this part meets the subparagraph when they are due. Such pay- surance’ means, in connection with an asso- requirements of this section only if it in- ments shall consist of annual payments in ciation health plan, a contract— cludes, in a manner and form which shall be the amount of $5,000, and, in addition to such ‘‘(A) under which an insurer (meeting such prescribed by the applicable authority by annual payments, such supplemental pay- minimum standards as the applicable au- regulation, at least the following informa- ments as the Secretary may determine to be thority may prescribe by regulation) pro- tion: necessary under paragraph (2). Payments vides for payment to the plan with respect to ‘‘(1) IDENTIFYING INFORMATION.—The names under this paragraph are payable to the claims under the plan in connection with a and addresses of— Fund at the time determined by the Sec- covered individual in excess of an amount or ‘‘(A) the sponsor; and retary. Initial payments are due in advance amounts specified in such contract in con- ‘‘(B) the members of the board of trustees of certification under this part. Payments nection with such covered individual; of the plan. shall continue to accrue until a plan’s assets ‘‘(B) which is guaranteed renewable; and ‘‘(2) STATES IN WHICH PLAN INTENDS TO DO are distributed pursuant to a termination ‘‘(C) which allows for payment of pre- BUSINESS.—The States in which participants procedure. miums by any third party on behalf of the and beneficiaries under the plan are to be lo- ‘‘(B) PENALTIES FOR FAILURE TO MAKE PAY- insured plan. cated and the number of them expected to be MENTS.—If any payment is not made by a ‘‘(h) INDEMNIFICATION INSURANCE.—For pur- located in each such State. plan when it is due, a late payment charge of poses of this section, the term ‘indemnifica- ‘‘(3) BONDING REQUIREMENTS.—Evidence not more than 100 percent of the payment tion insurance’ means, in connection with an provided by the board of trustees that the which was not timely paid shall be payable association health plan, a contract— bonding requirements of section 412 will be by the plan to the Fund. ‘‘(1) under which an insurer (meeting such met as of the date of the application or (if ‘‘(C) CONTINUED DUTY OF THE SECRETARY.— minimum standards as the applicable au- later) commencement of operations. The Secretary shall not cease to carry out thority may prescribe by regulation) pro- ‘‘(4) PLAN DOCUMENTS.—A copy of the docu- the provisions of paragraph (2) on account of vides for payment to the plan with respect to ments governing the plan (including any by- the failure of a plan to pay any payment claims under the plan which the plan is un- laws and trust agreements), the summary when due. able to satisfy by reason of a termination plan description, and other material describ- ‘‘(2) PAYMENTS BY SECRETARY TO CONTINUE pursuant to section 809(b) (relating to man- ing the benefits that will be provided to par- EXCESS/STOP LOSS INSURANCE COVERAGE AND datory termination); ticipants and beneficiaries under the plan. INDEMNIFICATION INSURANCE COVERAGE FOR ‘‘(2) which is guaranteed renewable and ‘‘(5) AGREEMENTS WITH SERVICE PRO- CERTAIN PLANS.—In any case in which the ap- noncancellable for any reason (except as the VIDERS.—A copy of any agreements between plicable authority determines that there is, applicable authority may prescribe by regu- the plan and contract administrators and or that there is reason to believe that there lation); and other service providers.

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‘‘(6) FUNDING REPORT.—In the case of asso- authority not later than 90 days after the The board shall thereafter report to the ap- ciation health plans providing benefits op- close of the plan year (or on such later date plicable authority, in such form and fre- tions in addition to health insurance cov- as may be prescribed by the applicable au- quency as the applicable authority may erage, a report setting forth information thority). The applicable authority may re- specify to the board, regarding corrective ac- with respect to such additional benefit op- quire by regulation such interim reports as tion taken by the board until the require- tions determined as of a date within the 120- it considers appropriate. ments of section 806 are met. day period ending with the date of the appli- ‘‘(f) ENGAGEMENT OF QUALIFIED ACTUARY.— ‘‘(b) MANDATORY TERMINATION.—In any cation, including the following: The board of trustees of each association case in which— ‘‘(A) RESERVES.—A statement, certified by health plan which provides benefits options ‘‘(1) the applicable authority has been noti- the board of trustees of the plan, and a state- in addition to health insurance coverage and fied under subsection (a) (or by an issuer of ment of actuarial opinion, signed by a quali- which is applying for certification under this excess/stop loss insurance or indemnity in- fied actuary, that all applicable require- part or is certified under this part shall en- surance pursuant to section 806(a)) of a fail- ments of section 806 are or will be met in ac- gage, on behalf of all participants and bene- ure of an association health plan which is or cordance with regulations which the applica- ficiaries, a qualified actuary who shall be re- has been certified under this part and is de- ble authority shall prescribe. sponsible for the preparation of the mate- scribed in section 806(a)(2) to meet the re- ‘‘(B) ADEQUACY OF CONTRIBUTION RATES.—A rials comprising information necessary to be quirements of section 806 and has not been statement of actuarial opinion, signed by a submitted by a qualified actuary under this notified by the board of trustees of the plan qualified actuary, which sets forth a descrip- part. The qualified actuary shall utilize such that corrective action has restored compli- tion of the extent to which contribution assumptions and techniques as are necessary ance with such requirements; and rates are adequate to provide for the pay- to enable such actuary to form an opinion as ‘‘(2) the applicable authority determines ment of all obligations and the maintenance to whether the contents of the matters re- that there is a reasonable expectation that of required reserves under the plan for the ported under this part— the plan will continue to fail to meet the re- 12-month period beginning with such date ‘‘(1) are in the aggregate reasonably re- quirements of section 806, within such 120-day period, taking into ac- lated to the experience of the plan and to the board of trustees of the plan shall, at the count the expected coverage and experience reasonable expectations; and direction of the applicable authority, termi- of the plan. If the contribution rates are not ‘‘(2) represent such actuary’s best estimate nate the plan and, in the course of the termi- fully adequate, the statement of actuarial of anticipated experience under the plan. nation, take such actions as the applicable opinion shall indicate the extent to which The opinion by the qualified actuary shall be authority may require, including satisfying the rates are inadequate and the changes made with respect to, and shall be made a any claims referred to in section needed to ensure adequacy. part of, the annual report. 806(a)(2)(B)(iii) and recovering for the plan ‘‘(C) CURRENT AND PROJECTED VALUE OF AS- ‘‘SEC. 808. NOTICE REQUIREMENTS FOR VOL- any liability under subsection (a)(2)(B)(iii) or SETS AND LIABILITIES.—A statement of actu- UNTARY TERMINATION. (e) of section 806, as necessary to ensure that arial opinion signed by a qualified actuary, ‘‘Except as provided in section 809(b), an the affairs of the plan will be, to the max- which sets forth the current value of the as- association health plan which is or has been imum extent possible, wound up in a manner sets and liabilities accumulated under the certified under this part may terminate which will result in timely provision of all plan and a projection of the assets, liabil- (upon or at any time after cessation of ac- benefits for which the plan is obligated. ities, income, and expenses of the plan for cruals in benefit liabilities) only if the board ‘‘SEC. 810. TRUSTEESHIP BY THE SECRETARY OF the 12-month period referred to in subpara- of trustees, not less than 60 days before the INSOLVENT ASSOCIATION HEALTH graph (B). The income statement shall iden- proposed termination date— PLANS PROVIDING HEALTH BENE- ‘‘(1) provides to the participants and bene- FITS IN ADDITION TO HEALTH IN- tify separately the plan’s administrative ex- SURANCE COVERAGE. penses and claims. ficiaries a written notice of intent to termi- ‘‘(a) APPOINTMENT OF SECRETARY AS TRUST- OSTS OF COVERAGE TO BE CHARGED nate stating that such termination is in- ‘‘(D) C EE FOR INSOLVENT PLANS.—Whenever the AND OTHER EXPENSES.—A statement of the tended and the proposed termination date; Secretary determines that an association costs of coverage to be charged, including an ‘‘(2) develops a plan for winding up the af- health plan which is or has been certified itemization of amounts for administration, fairs of the plan in connection with such ter- under this part and which is described in sec- reserves, and other expenses associated with mination in a manner which will result in tion 806(a)(2) will be unable to provide bene- the operation of the plan. timely payment of all benefits for which the fits when due or is otherwise in a financially ‘‘(E) OTHER INFORMATION.—Any other infor- plan is obligated; and hazardous condition, as shall be defined by mation as may be determined by the applica- ‘‘(3) submits such plan in writing to the ap- the Secretary by regulation, the Secretary ble authority, by regulation, as necessary to plicable authority. shall, upon notice to the plan, apply to the carry out the purposes of this part. Actions required under this section shall be appropriate United States district court for ‘‘(c) FILING NOTICE OF CERTIFICATION WITH taken in such form and manner as may be appointment of the Secretary as trustee to STATES.—A certification granted under this prescribed by the applicable authority by administer the plan for the duration of the part to an association health plan shall not regulation. insolvency. The plan may appear as a party be effective unless written notice of such ‘‘SEC. 809. CORRECTIVE ACTIONS AND MANDA- and other interested persons may intervene certification is filed with the applicable TORY TERMINATION. in the proceedings at the discretion of the State authority of each State in which at ‘‘(a) ACTIONS TO AVOID DEPLETION OF RE- court. The court shall appoint such Sec- least 25 percent of the participants and bene- SERVES.—An association health plan which is ficiaries under the plan are located. For pur- retary trustee if the court determines that certified under this part and which provides poses of this subsection, an individual shall the trusteeship is necessary to protect the benefits other than health insurance cov- be considered to be located in the State in interests of the participants and bene- erage shall continue to meet the require- which a known address of such individual is ficiaries or providers of medical care or to ments of section 806, irrespective of whether located or in which such individual is em- avoid any unreasonable deterioration of the such certification continues in effect. The ployed. financial condition of the plan. The trustee- board of trustees of such plan shall deter- ‘‘(d) NOTICE OF MATERIAL CHANGES.—In the ship of such Secretary shall continue until case of any association health plan certified mine quarterly whether the requirements of the conditions described in the first sentence under this part, descriptions of material section 806 are met. In any case in which the of this subsection are remedied or the plan is changes in any information which was re- board determines that there is reason to be- terminated. quired to be submitted with the application lieve that there is or will be a failure to meet ‘‘(b) POWERS AS TRUSTEE.—The Secretary, for the certification under this part shall be such requirements, or the applicable author- upon appointment as trustee under sub- filed in such form and manner as shall be ity makes such a determination and so noti- section (a), shall have the power— prescribed by the applicable authority by fies the board, the board shall immediately ‘‘(1) to do any act authorized by the plan, regulation. The applicable authority may re- notify the qualified actuary engaged by the this title, or other applicable provisions of quire by regulation prior notice of material plan, and such actuary shall, not later than law to be done by the plan administrator or changes with respect to specified matters the end of the next following month, make any trustee of the plan; which might serve as the basis for suspen- such recommendations to the board for cor- ‘‘(2) to require the transfer of all (or any sion or revocation of the certification. rective action as the actuary determines part) of the assets and records of the plan to ‘‘(e) REPORTING REQUIREMENTS FOR CERTAIN necessary to ensure compliance with section the Secretary as trustee; ASSOCIATION HEALTH PLANS.—An association 806. Not later than 30 days after receiving ‘‘(3) to invest any assets of the plan which health plan certified under this part which from the actuary recommendations for cor- the Secretary holds in accordance with the provides benefit options in addition to health rective actions, the board shall notify the provisions of the plan, regulations prescribed insurance coverage for such plan year shall applicable authority (in such form and man- by the Secretary, and applicable provisions meet the requirements of section 103 by fil- ner as the applicable authority may pre- of law; ing an annual report under such section scribe by regulation) of such recommenda- ‘‘(4) to require the sponsor, the plan admin- which shall include information described in tions of the actuary for corrective action, to- istrator, any participating employer, and subsection (b)(6) with respect to the plan gether with a description of the actions (if any employee organization representing plan year and, notwithstanding section any) that the board has taken or plans to participants to furnish any information with 104(a)(1)(A), shall be filed with the applicable take in response to such recommendations. respect to the plan which the Secretary as

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trustee may reasonably need in order to ad- ‘‘(g) PERSONNEL.—In accordance with regu- ees or participants described in section minister the plan; lations which shall be prescribed by the Sec- 732(d)(3) on the first day of the plan year. ‘‘(5) to collect for the plan any amounts retary, the Secretary shall appoint, retain, ‘‘(ii) STATE EXCEPTION.—Clause (i) shall not due the plan and to recover reasonable ex- and compensate accountants, actuaries, and apply in the case of health insurance cov- penses of the trusteeship; other professional service personnel as may erage offered in a State if such State regu- ‘‘(6) to commence, prosecute, or defend on be necessary in connection with the Sec- lates the coverage described in such clause in behalf of the plan any suit or proceeding in- retary’s service as trustee under this section. the same manner and to the same extent as volving the plan; ‘‘SEC. 811. STATE ASSESSMENT AUTHORITY. coverage in the small group market (as de- ‘‘(7) to issue, publish, or file such notices, ‘‘(a) IN GENERAL.—Notwithstanding section fined in section 2791(e)(5) of the Public statements, and reports as may be required 514, a State may impose by law a contribu- Health Service Act) is regulated by such by the Secretary by regulation or required tion tax on an association health plan de- State. by any order of the court; scribed in section 806(a)(2), if the plan com- ‘‘(8) PARTICIPATING EMPLOYER.—The term ‘‘(8) to terminate the plan (or provide for menced operations in such State after the ‘participating employer’ means, in connec- its termination in accordance with section date of the enactment of the Small Business tion with an association health plan, any 809(b)) and liquidate the plan assets, to re- Health Improvement Act of 2007. employer, if any individual who is an em- store the plan to the responsibility of the ‘‘(b) CONTRIBUTION TAX.—For purposes of ployee of such employer, a partner in such sponsor, or to continue the trusteeship; this section, the term ‘contribution tax’ im- employer, or a self-employed individual who ‘‘(9) to provide for the enrollment of plan posed by a State on an association health is such employer (or any dependent, as de- participants and beneficiaries under appro- plan means any tax imposed by such State fined under the terms of the plan, of such in- priate coverage options; and if— dividual) is or was covered under such plan ‘‘(10) to do such other acts as may be nec- ‘‘(1) such tax is computed by applying a in connection with the status of such indi- essary to comply with this title or any order rate to the amount of premiums or contribu- vidual as such an employee, partner, or self- employed individual in relation to the plan. of the court and to protect the interests of tions, with respect to individuals covered ‘‘(9) APPLICABLE STATE AUTHORITY.—The plan participants and beneficiaries and pro- under the plan who are residents of such term ‘applicable State authority’ means, viders of medical care. State, which are received by the plan from with respect to a health insurance issuer in ‘‘(c) NOTICE OF APPOINTMENT.—As soon as participating employers located in such a State, the State insurance commissioner practicable after the Secretary’s appoint- State or from such individuals; or official or officials designated by the ment as trustee, the Secretary shall give no- ‘‘(2) the rate of such tax does not exceed State to enforce the requirements of title tice of such appointment to— the rate of any tax imposed by such State on XXVII of the Public Health Service Act for ‘‘(1) the sponsor and plan administrator; premiums or contributions received by insur- ‘‘(2) each participant; the State involved with respect to such ers or health maintenance organizations for issuer. ‘‘(3) each participating employer; and health insurance coverage offered in such ‘‘(10) QUALIFIED ACTUARY.—The term ‘‘(4) if applicable, each employee organiza- State in connection with a group health tion which, for purposes of collective bar- ‘qualified actuary’ means an individual who plan; is a member of the American Academy of Ac- gaining, represents plan participants. ‘‘(3) such tax is otherwise nondiscrim- ‘‘(d) ADDITIONAL DUTIES.—Except to the ex- tuaries. inatory; and tent inconsistent with the provisions of this ‘‘(11) AFFILIATED MEMBER.—The term ‘af- ‘‘(4) the amount of any such tax assessed title, or as may be otherwise ordered by the filiated member’ means, in connection with on the plan is reduced by the amount of any court, the Secretary, upon appointment as a sponsor— tax or assessment otherwise imposed by the trustee under this section, shall be subject to ‘‘(A) a person who is otherwise eligible to the same duties as those of a trustee under State on premiums, contributions, or both be a member of the sponsor but who elects section 704 of title 11, United States Code, received by insurers or health maintenance an affiliated status with the sponsor, and shall have the duties of a fiduciary for organizations for health insurance coverage, ‘‘(B) in the case of a sponsor with members purposes of this title. aggregate excess/stop loss insurance (as de- which consist of associations, a person who ‘‘(e) OTHER PROCEEDINGS.—An application fined in section 806(g)(1)), specific excess/stop is a member of any such association and by the Secretary under this subsection may loss insurance (as defined in section elects an affiliated status with the sponsor, be filed notwithstanding the pendency in the 806(g)(2)), other insurance related to the pro- or same or any other court of any bankruptcy, vision of medical care under the plan, or any ‘‘(C) in the case of an association health mortgage foreclosure, or equity receivership combination thereof provided by such insur- plan in existence on the date of the enact- proceeding, or any proceeding to reorganize, ers or health maintenance organizations in ment of the Small Business Health Improve- conserve, or liquidate such plan or its prop- such State in connection with such plan. ment Act of 2007, a person eligible to be a erty, or any proceeding to enforce a lien ‘‘SEC. 812. DEFINITIONS AND RULES OF CON- member of the sponsor or one of its member against property of the plan. STRUCTION. associations. ‘‘(f) JURISDICTION OF COURT.— ‘‘(a) DEFINITIONS.—For purposes of this ‘‘(12) LARGE EMPLOYER.—The term ‘large ‘‘(1) IN GENERAL.—Upon the filing of an ap- part— employer’ means, in connection with a group plication for the appointment as trustee or ‘‘(1) GROUP HEALTH PLAN.—The term ‘group health plan with respect to a plan year, an the issuance of a decree under this section, health plan’ has the meaning provided in sec- employer who employed an average of at the court to which the application is made tion 733(a)(1) (after applying subsection (b) of least 51 employees on business days during shall have exclusive jurisdiction of the plan this section). the preceding calendar year and who em- involved and its property wherever located ‘‘(2) MEDICAL CARE.—The term ‘medical ploys at least 2 employees on the first day of with the powers, to the extent consistent care’ has the meaning provided in section the plan year. with the purposes of this section, of a court 733(a)(2). ‘‘(13) SMALL EMPLOYER.—The term ‘small of the United States having jurisdiction over ‘‘(3) HEALTH INSURANCE COVERAGE.—The employer’ means, in connection with a group cases under chapter 11 of title 11, United term ‘health insurance coverage’ has the health plan with respect to a plan year, an States Code. Pending an adjudication under meaning provided in section 733(b)(1). employer who is not a large employer. this section such court shall stay, and upon ‘‘(4) HEALTH INSURANCE ISSUER.—The term ‘‘(b) RULES OF CONSTRUCTION.— appointment by it of the Secretary as trust- ‘health insurance issuer’ has the meaning ‘‘(1) EMPLOYERS AND EMPLOYEES.—For pur- ee, such court shall continue the stay of, any provided in section 733(b)(2). poses of determining whether a plan, fund, or pending mortgage foreclosure, equity receiv- ‘‘(5) APPLICABLE AUTHORITY.—The term ‘ap- program is an employee welfare benefit plan ership, or other proceeding to reorganize, plicable authority’ means the Secretary, ex- which is an association health plan, and for conserve, or liquidate the plan, the sponsor, cept that, in connection with any exercise of purposes of applying this title in connection or property of such plan or sponsor, and any the Secretary’s authority regarding which with such plan, fund, or program so deter- other suit against any receiver, conservator, the Secretary is required under section 506(d) mined to be such an employee welfare ben- or trustee of the plan, the sponsor, or prop- to consult with a State, such term means the efit plan— erty of the plan or sponsor. Pending such ad- Secretary, in consultation with such State. ‘‘(A) in the case of a partnership, the term judication and upon the appointment by it of ‘‘(6) HEALTH STATUS-RELATED FACTOR.—The ‘employer’ (as defined in section 3(5)) in- the Secretary as trustee, the court may stay term ‘health status-related factor’ has the cludes the partnership in relation to the any proceeding to enforce a lien against meaning provided in section 733(d)(2). partners, and the term ‘employee’ (as defined property of the plan or the sponsor or any ‘‘(7) INDIVIDUAL MARKET.— in section 3(6)) includes any partner in rela- other suit against the plan or the sponsor. ‘‘(A) IN GENERAL.—The term ‘individual tion to the partnership; and ‘‘(2) VENUE.—An action under this section market’ means the market for health insur- ‘‘(B) in the case of a self-employed indi- may be brought in the judicial district where ance coverage offered to individuals other vidual, the term ‘employer’ (as defined in the sponsor or the plan administrator resides than in connection with a group health plan. section 3(5)) and the term ‘employee’ (as de- or does business or where any asset of the ‘‘(B) TREATMENT OF VERY SMALL GROUPS.— fined in section 3(6)) shall include such indi- plan is situated. A district court in which ‘‘(i) IN GENERAL.—Subject to clause (ii), vidual. such action is brought may issue process such term includes coverage offered in con- ‘‘(2) PLANS, FUNDS, AND PROGRAMS TREATED with respect to such action in any other ju- nection with a group health plan that has AS EMPLOYEE WELFARE BENEFIT PLANS.—In dicial district. fewer than 2 participants as current employ- the case of any plan, fund, or program which

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S931 was established or is maintained for the pur- ‘‘(B) relating to prompt payment of claims. ‘‘Sec. 805. Other requirements relating to pose of providing medical care (through the ‘‘(4) For additional provisions relating to plan documents, contribution purchase of insurance or otherwise) for em- association health plans, see subsections rates, and benefit options ployees (or their dependents) covered there- (a)(2)(B) and (b) of section 805. ‘‘Sec. 806. Maintenance of reserves and pro- under and which demonstrates to the Sec- ‘‘(5) For purposes of this subsection, the visions for solvency for plans retary that all requirements for certification term ‘association health plan’ has the mean- providing health benefits in ad- under this part would be met with respect to ing provided in section 801(a), and the terms dition to health insurance cov- such plan, fund, or program if such plan, ‘health insurance coverage’, ‘participating erage fund, or program were a group health plan, employer’, and ‘health insurance issuer’ have ‘‘Sec. 807. Requirements for application and such plan, fund, or program shall be treated the meanings provided such terms in section related requirements for purposes of this title as an employee wel- 812, respectively.’’. ‘‘Sec. 808. Notice requirements for voluntary fare benefit plan on and after the date of (3) Section 514(b)(6)(A) of such Act (29 termination such demonstration.’’. U.S.C. 1144(b)(6)(A)) is amended— ‘‘Sec. 809. Corrective actions and mandatory (b) CONFORMING AMENDMENTS TO PREEMP- (A) in clause (i)(II), by striking ‘‘and’’ at termination TION RULES.— the end; ‘‘Sec. 810. Trusteeship by the Secretary of (1) Section 514(b)(6) of such Act (29 U.S.C. (B) in clause (ii), by inserting ‘‘and which insolvent association health 1144(b)(6)) is amended by adding at the end does not provide medical care (within the plans providing health benefits the following new subparagraph: meaning of section 733(a)(2)),’’ after ‘‘ar- in addition to health insurance ‘‘(E) The preceding subparagraphs of this rangement,’’, and by striking ‘‘title.’’ and in- coverage paragraph do not apply with respect to any serting ‘‘title, and’’; and ‘‘Sec. 811. State assessment authority State law in the case of an association (C) by adding at the end the following new ‘‘Sec. 812. Definitions and rules of construc- health plan which is certified under part 8.’’. clause: tion’’. (2) Section 514 of such Act (29 U.S.C. 1144) ‘‘(iii) subject to subparagraph (E), in the SEC. l03. CLARIFICATION OF TREATMENT OF is amended— case of any other employee welfare benefit SINGLE EMPLOYER ARRANGE- MENTS. (A) in subsection (b)(4), by striking ‘‘Sub- plan which is a multiple employer welfare Section 3(40)(B) of the Employee Retire- section (a)’’ and inserting ‘‘Subsections (a) arrangement and which provides medical ment Income Security Act of 1974 (29 U.S.C. and (d)’’; care (within the meaning of section 1002(40)(B)) is amended— (B) in subsection (b)(5), by striking ‘‘sub- 733(a)(2)), any law of any State which regu- (1) in clause (i), by inserting after ‘‘control section (a)’’ in subparagraph (A) and insert- lates insurance may apply.’’. group,’’ the following: ‘‘except that, in any ing ‘‘subsection (a) of this section and sub- (4) Section 514(e) of such Act (as redesig- case in which the benefit referred to in sub- sections (a)(2)(B) and (b) of section 805’’, and nated by paragraph (2)(C)) is amended— paragraph (A) consists of medical care (as by striking ‘‘subsection (a)’’ in subparagraph (A) by striking ‘‘Nothing’’ and inserting defined in section 812(a)(2)), two or more (B) and inserting ‘‘subsection (a) of this sec- ‘‘(1) Except as provided in paragraph (2), trades or businesses, whether or not incor- tion or subsection (a)(2)(B) or (b) of section nothing’’; and porated, shall be deemed a single employer 805’’; (B) by adding at the end the following new for any plan year of such plan, or any fiscal (C) by redesignating subsection (d) as sub- paragraph: section (e); and ‘‘(2) Nothing in any other provision of law year of such other arrangement, if such (D) by inserting after subsection (c) the enacted on or after the date of the enact- trades or businesses are within the same con- following new subsection: ment of the Small Business Health Improve- trol group during such year or at any time ‘‘(d)(1) Except as provided in subsection ment Act of 2007 shall be construed to alter, during the preceding 1-year period,’’; (b)(4), the provisions of this title shall super- amend, modify, invalidate, impair, or super- (2) in clause (iii), by striking ‘‘(iii) the de- sede any and all State laws insofar as they sede any provision of this title, except by termination’’ and inserting the following: may now or hereafter preclude, or have the specific cross-reference to the affected sec- ‘‘(iii)(I) in any case in which the benefit re- effect of precluding, a health insurance tion.’’. ferred to in subparagraph (A) consists of issuer from offering health insurance cov- (c) PLAN SPONSOR.—Section 3(16)(B) of such medical care (as defined in section 812(a)(2)), erage in connection with an association Act (29 U.S.C. 102(16)(B)) is amended by add- the determination of whether a trade or health plan which is certified under part 8. ing at the end the following new sentence: business is under ‘common control’ with an- ‘‘(2) Except as provided in paragraphs (4) ‘‘Such term also includes a person serving as other trade or business shall be determined and (5) of subsection (b) of this section— the sponsor of an association health plan under regulations of the Secretary applying ‘‘(A) In any case in which health insurance under part 8.’’. principles consistent and coextensive with coverage of any policy type is offered under (d) DISCLOSURE OF SOLVENCY PROTECTIONS the principles applied in determining wheth- an association health plan certified under RELATED TO SELF-INSURED AND FULLY IN- er employees of two or more trades or busi- part 8 to a participating employer operating SURED OPTIONS UNDER ASSOCIATION HEALTH nesses are treated as employed by a single in such State, the provisions of this title PLANS.—Section 102(b) of such Act (29 U.S.C. employer under section 4001(b), except that, shall supersede any and all laws of such 102(b)) is amended by adding at the end the for purposes of this paragraph, an interest of State insofar as they may preclude a health following: ‘‘An association health plan shall greater than 25 percent may not be required insurance issuer from offering health insur- include in its summary plan description, in as the minimum interest necessary for com- ance coverage of the same policy type to connection with each benefit option, a de- mon control, or other employers operating in the State scription of the form of solvency or guar- ‘‘(II) in any other case, the determina- which are eligible for coverage under such antee fund protection secured pursuant to tion’’; association health plan, whether or not such this Act or applicable State law, if any.’’. (3) by redesignating clauses (iv) and (v) as other employers are participating employers (e) SAVINGS CLAUSE.—Section 731(c) of such clauses (v) and (vi), respectively; and in such plan. Act is amended by inserting ‘‘or part 8’’ after (4) by inserting after clause (iii) the fol- ‘‘(B) In any case in which health insurance ‘‘this part’’. lowing new clause: coverage of any policy type is offered in a (f) REPORT TO THE CONGRESS REGARDING ‘‘(iv) in any case in which the benefit re- State under an association health plan cer- CERTIFICATION OF SELF-INSURED ASSOCIATION ferred to in subparagraph (A) consists of tified under part 8 and the filing, with the HEALTH PLANS.—Not later than January 1, medical care (as defined in section 812(a)(2)), applicable State authority (as defined in sec- 2010, the Secretary of Labor shall report to in determining, after the application of tion 812(a)(9)), of the policy form in connec- the Committee on Education and the Work- clause (i), whether benefits are provided to tion with such policy type is approved by force of the House of Representatives and the employees of two or more employers, the ar- such State authority, the provisions of this Committee on Health, Education, Labor, and rangement shall be treated as having only title shall supersede any and all laws of any Pensions of the Senate the effect association one participating employer if, after the ap- other State in which health insurance cov- health plans have had, if any, on reducing plication of clause (i), the number of individ- erage of such type is offered, insofar as they the number of uninsured individuals. uals who are employees and former employ- may preclude, upon the filing in the same (g) CLERICAL AMENDMENT.—The table of ees of any one participating employer and form and manner of such policy form with contents in section 1 of the Employee Retire- who are covered under the arrangement is the applicable State authority in such other ment Income Security Act of 1974 is amended greater than 75 percent of the aggregate State, the approval of the filing in such by inserting after the item relating to sec- number of all individuals who are employees other State. tion 734 the following new items: or former employees of participating em- ‘‘(3) Nothing in subsection (b)(6)(E) or the ‘‘PART 8—RULES GOVERNING ASSOCIATION ployers and who are covered under the ar- preceding provisions of this subsection shall HEALTH PLANS rangement,’’. be construed, with respect to health insur- ‘‘Sec. 801. Association health plans SEC. l04. ENFORCEMENT PROVISIONS RELATING ance issuers or health insurance coverage, to ‘‘Sec. 802. Certification of association health TO ASSOCIATION HEALTH PLANS. supersede or impair the law of any State— plans (a) CRIMINAL PENALTIES FOR CERTAIN WILL- ‘‘(A) providing solvency standards or simi- ‘‘Sec. 803. Requirements relating to sponsors FUL MISREPRESENTATIONS.—Section 501 of lar standards regarding the adequacy of in- and boards of trustees the Employee Retirement Income Security surer capital, surplus, reserves, or contribu- ‘‘Sec. 804. Participation and coverage re- Act of 1974 (29 U.S.C. 1131) is amended— tions, or quirements (1) by inserting ‘‘(a)’’ after ‘‘Sec. 501.’’; and

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S932 CONGRESSIONAL RECORD — SENATE January 23, 2007 (2) by adding at the end the following new amended by adding at the end the following ment at such time after the date of the en- subsection: new subsection: actment of this Act as the applicable re- ‘‘(b) Any person who willfully falsely rep- ‘‘(d) CONSULTATION WITH STATES WITH RE- quirements of this subsection are not met resents, to any employee, any employee’s SPECT TO ASSOCIATION HEALTH PLANS.— with respect to such arrangement. beneficiary, any employer, the Secretary, or ‘‘(1) AGREEMENTS WITH STATES.—The Sec- (2) DEFINITIONS.—For purposes of this sub- any State, a plan or other arrangement es- retary shall consult with the State recog- section, the terms ‘‘group health plan’’, tablished or maintained for the purpose of nized under paragraph (2) with respect to an ‘‘medical care’’, and ‘‘participating em- offering or providing any benefit described in association health plan regarding the exer- ployer’’ shall have the meanings provided in section 3(1) to employees or their bene- cise of— section 812 of the Employee Retirement In- ficiaries as— ‘‘(A) the Secretary’s authority under sec- come Security Act of 1974, except that the ‘‘(1) being an association health plan which tions 502 and 504 to enforce the requirements reference in paragraph (7) of such section to has been certified under part 8; for certification under part 8; and an ‘‘association health plan’’ shall be deemed ‘‘(2) having been established or maintained ‘‘(B) the Secretary’s authority to certify a reference to an arrangement referred to in under or pursuant to one or more collective association health plans under part 8 in ac- this subsection. bargaining agreements which are reached cordance with regulations of the Secretary pursuant to collective bargaining described applicable to certification under part 8. in section 8(d) of the National Labor Rela- ‘‘(2) RECOGNITION OF PRIMARY DOMICILE SA 115. Mr. KYL proposed an amend- tions Act (29 U.S.C. 158(d)) or paragraph STATE.—In carrying out paragraph (1), the ment to amendment SA 100 proposed Fourth of section 2 of the Railway Labor Act Secretary shall ensure that only one State by Mr. REID (for Mr. BAUCUS) to the bill (45 U.S.C. 152, paragraph Fourth) or which will be recognized, with respect to any par- H.R. 2, to amend the Fair Labor Stand- are reached pursuant to labor-management ticular association health plan, as the State ards Act of 1938 to provide for an in- negotiations under similar provisions of with which consultation is required. In car- crease in the Federal minimum wage; rying out this paragraph— State public employee relations laws; or as follows: ‘‘(3) being a plan or arrangement described ‘‘(A) in the case of a plan which provides in section 3(40)(A)(i), health insurance coverage (as defined in sec- On page 4, line 21, strike ‘‘April 1, 2008’’ and tion 812(a)(3)), such State shall be the State shall, upon conviction, be imprisoned not insert ‘‘January 1, 2009’’. with which filing and approval of a policy more than 5 years, be fined under title 18, On page 6, lines 5 and 6, strike ‘‘April 1, type offered by the plan was initially ob- United States Code, or both.’’. 2008’’ and insert ‘‘January 1, 2009’’. (b) CEASE ACTIVITIES ORDERS.—Section 502 tained, and ‘‘(B) in any other case, the Secretary shall of such Act (29 U.S.C. 1132) is amended by SA 116. Mr. ALLARD submitted an adding at the end the following new sub- take into account the places of residence of section: the participants and beneficiaries under the amendment intended to be proposed by ‘‘(n) ASSOCIATION HEALTH PLAN CEASE AND plan and the State in which the trust is him to the bill H.R. 2, to amend the DESIST ORDERS.— maintained.’’. Fair Labor Standards Act of 1938 to ‘‘(1) IN GENERAL.—Subject to paragraph (2), SEC. ll06. EFFECTIVE DATE AND TRANSI- provide for an increase in the Federal upon application by the Secretary showing TIONAL AND OTHER RULES. (a) EFFECTIVE DATE.—The amendments minimum wage; which was ordered to the operation, promotion, or marketing of an made by this title shall take effect one year lie on the table; as follows: association health plan (or similar arrange- after the date of the enactment of this Act. At the end of section 2, add the following: ment providing benefits consisting of med- The Secretary of Labor shall first issue all (c) STATE FLEXIBILITY.—Section 6 of the ical care (as defined in section 733(a)(2))) regulations necessary to carry out the that— amendments made by this title within one Fair Labor Standards Act of 1938 (29 U.S.C. ‘‘(A) is not certified under part 8, is subject year after the date of the enactment of this 206) is amended by adding at the end the fol- under section 514(b)(6) to the insurance laws Act. lowing: of any State in which the plan or arrange- (b) TREATMENT OF CERTAIN EXISTING ‘‘(h) STATE FLEXIBILITY.—Notwithstanding ment offers or provides benefits, and is not HEALTH BENEFITS PROGRAMS.— any other provision of this section, an em- licensed, registered, or otherwise approved (1) IN GENERAL.—In any case in which, as of ployer shall not be required to pay an em- under the insurance laws of such State; or the date of the enactment of this Act, an ar- ployee a wage that is greater than the min- ‘‘(B) is an association health plan certified rangement is maintained in a State for the imum wage provided for by the law of the under part 8 and is not operating in accord- purpose of providing benefits consisting of State in which the employee is employed and ance with the requirements under part 8 for medical care for the employees and bene- not less than the minimum wage in effect in such certification, ficiaries of its participating employers, at that State on January 1, 2007.’’. a district court of the United States shall least 200 participating employers make con- enter an order requiring that the plan or ar- tributions to such arrangement, such ar- SA 117. Mr. CHAMBLISS (for himself, rangement has been in existence for at least rangement cease activities. Mr. BURR, and Mr. ISAKSON) submitted ‘‘(2) EXCEPTION.—Paragraph (1) shall not 10 years, and such arrangement is licensed under the laws of one or more States to pro- an amendment intended to be proposed apply in the case of an association health by him to the bill H.R. 2, to amend the plan or other arrangement if the plan or ar- vide such benefits to its participating em- rangement shows that— ployers, upon the filing with the applicable Fair Labor Standards Act of 1938 to ‘‘(A) all benefits under it referred to in authority (as defined in section 812(a)(5) of provide for an increase in the Federal paragraph (1) consist of health insurance the Employee Retirement Income Security minimum wage; as follows: coverage; and Act of 1974 (as amended by this subtitle)) by the arrangement of an application for cer- At the appropriate place, add the following ‘‘(B) with respect to each State in which tification of the arrangement under part 8 of new section: the plan or arrangement offers or provides subtitle B of title I of such Act— benefits, the plan or arrangement is oper- SEC. ll. WAGES FOR AGRICULTURAL WORKERS. (A) such arrangement shall be deemed to ating in accordance with applicable State Section (6)(a)(5) of the Fair Labor Stand- be a group health plan for purposes of title I laws that are not superseded under section ards Act of 1938 (29 U.S.C. 206(a)(5)) is amend- of such Act; 514. ed to read as follows: (B) the requirements of sections 801(a) and ‘‘(3) ADDITIONAL EQUITABLE RELIEF.—The ‘‘(5) if such employee is employed to pro- 803(a) of the Employee Retirement Income court may grant such additional equitable vide agriculture labor or services— Security Act of 1974 shall be deemed met relief, including any relief available under ‘‘(A) not less than the minimum wage rate with respect to such arrangement; this title, as it deems necessary to protect in effect under paragraph (1) after December (C) the requirements of section 803(b) of the interests of the public and of persons 31, 1977; or such Act shall be deemed met, if the arrange- having claims for benefits against the plan.’’. ‘‘(B) pursuant to the provisions of section (c) RESPONSIBILITY FOR CLAIMS PROCE- ment is operated by a board of directors 218 of the Immigration and Nationality Act DURE.—Section 503 of such Act (29 U.S.C. which— (8 U.S.C. 1188), not less than the greater of— 1133) is amended by inserting ‘‘(a) IN GEN- (i) is elected by the participating employ- ‘‘(i) the minimum wage rate in effect under ERAL.—’’ before ‘‘In accordance’’, and by add- ers, with each employer having one vote; and paragraph (1) after December 31, 1977; or ing at the end the following new subsection: (ii) has complete fiscal control over the ar- ‘‘(ii) the prevailing wage established by the ‘‘(b) ASSOCIATION HEALTH PLANS.—The rangement and which is responsible for all Occupational Employment Statistics pro- terms of each association health plan which operations of the arrangement; gram, or other wage survey, conducted by is or has been certified under part 8 shall re- (D) the requirements of section 804(a) of the Bureau of Labor Statistics in the county quire the board of trustees or the named fi- such Act shall be deemed met with respect to of intended employment, for entry level duciary (as applicable) to ensure that the re- such arrangement; and workers who are employed in agriculture in quirements of this section are met in connec- (E) the arrangement may be certified by the area of the work to be performed.’’. tion with claims filed under the plan.’’. any applicable authority with respect to its SEC. ll05. COOPERATION BETWEEN FEDERAL operations in any State only if it operates in AND STATE AUTHORITIES. such State on the date of certification. SA 118. Mr. CHAMBLISS (for himself, Section 506 of the Employee Retirement The provisions of this subsection shall cease Mr. ISAKSON, and Mr. BURR) submitted Income Security Act of 1974 (29 U.S.C. 1136) is to apply with respect to any such arrange- an amendment intended to be proposed

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S933 by him to the bill H.R. 2, to amend the (C) Paragraph (3) of section 121(e) of such (4) EFFECTIVE DATE.—The amendments Fair Labor Standards Act of 1938 to Act is amended by striking subparagraph (B) made by this subsection shall apply to tax- provide for an increase in the Federal and by redesignating subparagraph (C) as able years beginning after December 31, 2007. minimum wage; which was ordered to subparagraph (B). (D) Paragraph (2) of section 121(e) of such SA 121. Ms. SNOWE submitted an lie on the table; as follows: Act is amended in the first sentence by At the appropriate place, insert the fol- amendment intended to be proposed by striking ‘‘paragraph (1)(A)’’ and inserting her to the bill H.R. 2, to amend the lowing new section: ‘‘paragraph (1)’’. SEC. ll. WAGES FOR AGRICULTURAL WORKERS. (d) EFFECTIVE DATES.— Fair Labor Standards Act of 1938 to Section (6)(a)(5) of the Fair Labor Stand- (1) IN GENERAL.—Except as otherwise pro- provide for an increase in the Federal ards Act of 1938 (29 U.S.C. 206(a)(5)) is amend- vided in this subsection, the amendments minimum wage; which was ordered to ed to read as follows: made by this section shall apply to taxable lie on the table; as follows: ‘‘(5) if such employee is employed in agri- years beginning after December 31, 2007. At the appropriate place, insert the fol- culture, or is employed to provide agri- (2) SUBSECTION (c)(1).—The amendment lowing: culture labor or services pursuant to section made by subsection (c)(1) shall apply to ben- SEC. 201. EXTENSION AND MODIFICATIONS OF IN- 218 of the Immigration and Nationality Act efits paid after December 31, 2007. CREASED EXPENSING FOR SMALL (8 U.S.C. 1188), not less than the greater of— (3) SUBSECTION (c)(2).—The amendments BUSINESSES. ‘‘(A) the minimum wage rate in effect made by subsection (c)(2) shall apply to tax (a) EXTENSION.—Section 179 (relating to under paragraph (1) after December 31, 1977; liabilities for taxable years beginning after election to expense certain depreciable busi- or December 31, 2007. ness assets) is amended by striking ‘‘2010’’ ‘‘(B) the prevailing wage established by the SEC. ll. MAINTENANCE OF TRANSFERS TO HOS- each place it appears and inserting ‘‘2011’’. Occupational Employment Statistics pro- PITAL INSURANCE TRUST FUND. (b) INCREASE IN LIMIT AND PHASEOUT gram, or other wage survey, conducted by There are hereby appropriated to the Fed- THRESHOLD FOR EXPENSING FOR SMALL BUSI- the Bureau of Labor Statistics in the county eral Hospital Insurance Trust Fund estab- NESS.— of intended employment, for entry level lished under section 1817 of the Social Secu- (1) IN GENERAL.—Paragraph (1) of section workers who are employed in agriculture in rity Act (42 U.S.C. 1395i) amounts equal to 179(b) of the Internal Revenue Code of 1986 the area of work to be performed.’’. the reduction in revenues to the Treasury by (relating to dollar limitation), as amended reason of the enactment of this Act. by subsection (a), is amended by striking SA 119. Mr. BUNNING submitted an Amounts appropriated by the preceding sen- ‘‘$25,000 ($100,000 in the case of taxable years amendment intended to be proposed by tence shall be transferred from the general beginning after 2002 and before 2011)’’ and in- him to amendment SA 100 proposed by fund at such times and in such manner as to serting ‘‘$25,000 ($150,000 in the case of tax- Mr. REID (for Mr. BAUCUS) to the bill replicate to the extent possible the transfers able years beginning after 2007 and before H.R. 2, to amend the Fair Labor Stand- which would have occurred to such Trust 2011)’’. ards Act of 1938 to provide for an in- Fund had this Act not been enacted. (2) INCREASE IN QUALIFYING INVESTMENT AT crease in the Federal minimum wage; WHICH PHASEOUT BEGINS.—Paragraph (2) of as follows: SA 120. Ms. SNOWE submitted an section 179(b) of such Code (relating to reduc- amendment intended to be proposed by tion in limitation), as amended by sub- At the appropriate place insert the fol- section (a), is amended by striking ‘‘$200,000 lowing: her to the bill H.R. 2, to amend the Fair Labor Standards Act of 1938 to ($400,000 in the case of taxable years begin- SEC. ll. REPEAL OF 1993 INCOME TAX IN- ning after 2002 and before 2011)’’ and insert- CREASE ON SOCIAL SECURITY BENE- provide for an increase in the Federal ing ‘‘$200,000 ($600,000 in the case of taxable FITS. minimum wage; which was ordered to years beginning after 2007 and before 2011)’’. (a) RESTORATION OF PRIOR LAW FORMULA.— lie on the table; as follows: NFLATION ADJUSTMENTS.—Section Subsection (a) of section 86 (relating to so- (3) I 179(b)(5)(A) of such Code (relating to infla- cial security and tier 1 railroad retirement At the appropriate place, insert the fol- tion adjustments), as amended by subsection benefits) is amended to read as follows: lowing: ‘‘(a) IN GENERAL.—Gross income for the SEC. 201. EXTENSION AND MODIFICATIONS OF IN- (a), is amended— taxable year of any taxpayer described in CREASED EXPENSING FOR SMALL (A) in the matter preceding clause (i)— subsection (b) (notwithstanding section 207 BUSINESSES. (i) by striking ‘‘after 2003 and before 2011’’ of the Social Security Act) includes social (a) EXTENSION.—Section 179 (relating to and inserting ‘‘after 2008 and before 2011’’, security benefits in an amount equal to the election to expense certain depreciable busi- and lesser of— ness assets) is amended by striking ‘‘2010’’ (ii) by striking ‘‘the $100,000 and $400,000 ‘‘(1) one-half of the social security benefits each place it appears and inserting ‘‘2011’’. amounts’’ and inserting ‘‘the $150,000 and received during the taxable year, or (b) INCREASE IN LIMIT AND PHASEOUT $600,000 amounts’’, and ‘‘(2) one-half of the excess described in sub- THRESHOLD FOR EXPENSING FOR SMALL BUSI- (B) in clause (ii), by striking ‘‘calendar section (b)(1).’’. NESS.— year 2002’’ and inserting ‘‘calendar year (b) REPEAL OF ADJUSTED BASE AMOUNT.— (1) IN GENERAL.—Paragraph (1) of section 2007’’. Subsection (c) of section 86 is amended to 179(b) of the Internal Revenue Code of 1986 (4) EFFECTIVE DATE.—The amendments read as follows: (relating to dollar limitation), as amended made by this subsection shall apply to tax- ‘‘(c) BASE AMOUNT.—For purposes of this by subsection (a), is amended by striking able years beginning after December 31, 2007. section, the term ‘base amount’ means— ‘‘$25,000 ($100,000 in the case of taxable years ‘‘(1) except as otherwise provided in this beginning after 2002 and before 2011)’’ and in- SA 122. Ms. SNOWE (for herself and subsection, $25,000, serting ‘‘$25,000 ($150,000 in the case of tax- Mrs. LINCOLN) submitted an amend- ‘‘(2) $32,000 in the case of a joint return, able years beginning after 2007 and before ment intended to be proposed by her to 2011)’’. and the bill H.R. 2, to amend the Fair ‘‘(3) zero in the case of a taxpayer who— (2) INCREASE IN QUALIFYING INVESTMENT AT ‘‘(A) is married as of the close of the tax- WHICH PHASEOUT BEGINS.—Paragraph (2) of Labor Standards Act of 1938 to provide able year (within the meaning of section section 179(b) of such Code (relating to reduc- for an increase in the Federal min- 7703) but does not file a joint return for such tion in limitation), as amended by sub- imum wage; which was ordered to lie year, and section (a), is amended by striking ‘‘$200,000 on the table; as follows: ‘‘(B) does not live apart from his spouse at ($400,000 in the case of taxable years begin- At the appropriate place, insert the fol- all times during the taxable year.’’. ning after 2002 and before 2011)’’ and insert- lowing: (c) CONFORMING AMENDMENTS.— ing ‘‘$200,000 ($600,000 in the case of taxable SEC. ll. QUALIFIED SMALL BUSINESSES ELEC- (1) Subparagraph (A) of section 871(a)(3) is years beginning after 2007 and before 2011)’’. TION OF TAXABLE YEAR ENDING IN amended by striking ‘‘85 percent’’ and insert- (3) INFLATION ADJUSTMENTS.—Section A MONTH FROM APRIL TO NOVEM- ing ‘‘50 percent’’. 179(b)(5)(A) of such Code (relating to infla- BER. (2)(A) Subparagraph (A) of section 121(e)(1) tion adjustments), as amended by subsection (a) IN GENERAL.—Part I of subchapter E of of the Social Security Amendments of 1983 (a), is amended— chapter 1 (relating to accounting periods) is (Public Law 98–21) is amended— (A) in the matter preceding clause (i)— amended by inserting after section 444 the (i) by striking ‘‘(A) There’’ and inserting (i) by striking ‘‘after 2003 and before 2011’’ following new section: ‘‘There’’; and inserting ‘‘after 2008 and before 2011’’, ‘‘SEC. 444A. QUALIFIED SMALL BUSINESSES ELEC- (ii) by striking ‘‘(i)’’ immediately following and TION OF TAXABLE YEAR ENDING IN ‘‘amounts equivalent to’’; and (ii) by striking ‘‘the $100,000 and $400,000 A MONTH FROM APRIL TO NOVEM- (iii) by striking ‘‘, less (ii)’’ and all that amounts’’ and inserting ‘‘the $150,000 and BER. follows and inserting a period. $600,000 amounts’’, and ‘‘(a) GENERAL RULE.—A qualified small (B) Paragraph (1) of section 121(e) of such (B) in clause (ii), by striking ‘‘calendar business may elect to have a taxable year, Act is amended by striking subparagraph year 2002’’ and inserting ‘‘calendar year other than the required taxable year, which (B). 2007’’. ends on the last day of any of the months of

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April through November (or at the end of an ‘‘(3) REQUIRED TAXABLE YEAR.—The term the termination of an election under para- equivalent annual period (varying from 52 to ‘required taxable year’ has the meaning graph (1) results in a short taxable year— 53 weeks)). given to such term by section 444(e). ‘‘(A) items relating to net profits for the ‘‘(e) TIERED STRUCTURES.—The Secretary period beginning on the day after its last fis- ‘‘(b) YEARS FOR WHICH ELECTION EFFEC- shall prescribe rules similar to the rules of cal year-end and ending on the day before TIVE.—An election under subsection (a)— section 444(d)(3) to eliminate abuse of this ‘‘(1) shall be made not later than the due the beginning of the taxable year determined section through the use of tiered struc- date (including extensions thereof) for filing under paragraph (3) shall be includible in in- tures.’’. the return of tax for the first taxable year of come ratably over the 4 taxable years fol- (b) CONFORMING AMENDMENT.—Section the qualified small business, and lowing the year of termination, or (if fewer) 444(a)(1) is amended by striking ‘‘section’’ ‘‘(2) shall be effective for such first taxable the number of taxable years equal to the fis- and inserting ‘‘section and section 444A’’. year or period and for all succeeding taxable cal years for which the election under this (c) CLERICAL AMENDMENT.—The table of years of such qualified small business until section was in effect, and sections for part I of subchapter E of chapter such election is terminated under subsection ‘‘(B) items relating to net losses for such 1 is amended by inserting after the item re- (c). period shall be deductible in the first taxable lating to section 444 the following new item: year after the taxable year with respect to ‘‘(c) TERMINATION.— ‘‘Sec. 444A. Qualified small businesses elec- which the election terminated. ‘‘(1) IN GENERAL.—An election under sub- tion of taxable year ending in a ‘‘(d) DEFINITIONS.—For purposes of this sec- section (a) shall be terminated on the ear- month from April to Novem- tion— liest of— ber.’’. ‘‘(1) QUALIFIED SMALL BUSINESS.—The term ‘‘(A) the first day of the taxable year fol- (d) EFFECTIVE DATE.—The amendments ‘qualified small business’ means an entity— lowing the taxable year for which the entity made by this section shall apply to taxable ‘‘(A)(i) for which an election under section fails to meet the gross receipts test, years beginning after December 31, 2006. 1362(a) is in effect for the first taxable year ‘‘(B) the date on which the entity fails to or period of such entity and for all subse- qualify as an S corporation, or quent years, or ‘‘(C) the date on which the entity termi- SA 123. Ms. SNOWE (for herself and ‘‘(ii) which is treated as a partnership for nates. Mrs. LINCOLN) submitted an amend- the first taxable year or period of such enti- ‘‘(2) GROSS RECEIPTS TEST.—For purposes of ment intended to be proposed by her to ty for Federal income tax purposes, paragraph (1), an entity fails to meet the the bill H.R. 2, to amend the Fair ‘‘(B) which conducts an active trade or gross receipts test if the entity fails to meet Labor Standards Act of 1938 to provide business or which would qualify for an elec- the gross receipts test of section 448(c). for an increase in the Federal min- tion to amortize start-up expenditures under ‘‘(3) EFFECT OF TERMINATION.—An entity imum wage; which was ordered to lie section 195, and with respect to which an election is termi- on the table; as follows: ‘‘(C) which is a start-up business. nated under this subsection shall determine ‘‘(2) START-UP BUSINESS.—For purposes of its taxable year for subsequent taxable years At the appropriate place, insert the fol- paragraph (1)(C), an entity shall be treated under any other method that would be per- lowing: as a start-up business so long as not more mitted under subtitle A. SEC. ll. QUALIFIED SMALL BUSINESSES ELEC- than 75 percent of the entity is owned by any ‘‘(4) INCOME INCLUSION AND DEDUCTION TION OF TAXABLE YEAR ENDING IN person or persons who previously conducted RULES FOR PERIOD AFTER TERMINATION.—If A MONTH FROM APRIL TO NOVEM- a similar trade or business at any time with- BER. the termination of an election under para- in the 1-year period ending on the date on (a) IN GENERAL.—Part I of subchapter E of graph (1) results in a short taxable year— which such entity is formed. For purposes of chapter 1 (relating to accounting periods) is ‘‘(A) items relating to net profits for the the preceding sentence, a person and any amended by inserting after section 444 the period beginning on the day after its last fis- other person bearing a relationship to such following new section: cal year-end and ending on the day before person specified in section 267(b) or 707(b)(1) the beginning of the taxable year determined ‘‘SEC. 444A. QUALIFIED SMALL BUSINESSES ELEC- shall be treated as one person, and sections under paragraph (3) shall be includible in in- TION OF TAXABLE YEAR ENDING IN 267(b) and 707(b)(1) shall be applied as if sec- come ratably over the 4 taxable years fol- A MONTH FROM APRIL TO NOVEM- BER. tion 267(c)(4) provided that the family of an lowing the year of termination, or (if fewer) ‘‘(a) GENERAL RULE.—A qualified small individual consists of the individual’s spouse the number of taxable years equal to the fis- business may elect to have a taxable year, and the individual’s children under the age cal years for which the election under this other than the required taxable year, which of 21. section was in effect, and ends on the last day of any of the months of ‘‘(3) REQUIRED TAXABLE YEAR.—The term ‘‘(B) items relating to net losses for such April through November (or at the end of an ‘required taxable year’ has the meaning period shall be deductible in the first taxable equivalent annual period (varying from 52 to given to such term by section 444(e). year after the taxable year with respect to 53 weeks)). ‘‘(e) TIERED STRUCTURES.—The Secretary which the election terminated. shall prescribe rules similar to the rules of ‘‘(b) YEARS FOR WHICH ELECTION EFFEC- section 444(d)(3) to eliminate abuse of this ‘‘(d) DEFINITIONS.—For purposes of this sec- TIVE.—An election under subsection (a)— tion— ‘‘(1) shall be made not later than the due section through the use of tiered struc- ‘‘(1) QUALIFIED SMALL BUSINESS.—The term date (including extensions thereof) for filing tures.’’. ‘qualified small business’ means an entity— the return of tax for the first taxable year of (b) CONFORMING AMENDMENT.—Section ‘‘(A)(i) for which an election under section the qualified small business, and 444(a)(1) is amended by striking ‘‘section’’ 1362(a) is in effect for the first taxable year ‘‘(2) shall be effective for such first taxable and inserting ‘‘section and section 444A’’. (c) CLERICAL AMENDMENT.—The table of or period of such entity and for all subse- year or period and for all succeeding taxable sections for part I of subchapter E of chapter quent years, or years of such qualified small business until 1 is amended by inserting after the item re- ‘‘(ii) which is treated as a partnership for such election is terminated under subsection lating to section 444 the following new item: the first taxable year or period of such enti- (c). ty for Federal income tax purposes, ‘‘(c) TERMINATION.— ‘‘Sec. 444A. Qualified small businesses elec- ‘‘(B) which conducts an active trade or ‘‘(1) IN GENERAL.—An election under sub- tion of taxable year ending in a business or which would qualify for an elec- section (a) shall be terminated on the ear- month from April to Novem- tion to amortize start-up expenditures under liest of— ber.’’. section 195, and ‘‘(A) the first day of the taxable year fol- (d) EFFECTIVE DATE.—The amendments ‘‘(C) which is a start-up business. lowing the taxable year for which the entity made by this section shall apply to taxable ‘‘(2) START-UP BUSINESS.—For purposes of fails to meet the gross receipts test, years beginning after December 31, 2006. paragraph (1)(C), an entity shall be treated ‘‘(B) the date on which the entity fails to as a start-up business so long as not more qualify as an S corporation, or SA 124. Ms. SNOWE submitted an than 75 percent of the entity is owned by any ‘‘(C) the date on which the entity termi- amendment intended to be proposed by person or persons who previously conducted nates. her to the bill H.R. 2, to amend the a similar trade or business at any time with- ‘‘(2) GROSS RECEIPTS TEST.—For purposes of Fair Labor Standards Act of 1938 to in the 1-year period ending on the date on paragraph (1), an entity fails to meet the which such entity is formed. For purposes of gross receipts test if the entity fails to meet provide for an increase in the Federal the preceding sentence, a person and any the gross receipts test of section 448(c). minimum wage; which was ordered to other person bearing a relationship to such ‘‘(3) EFFECT OF TERMINATION.—An entity lie on the table; as follows: person specified in section 267(b) or 707(b)(1) with respect to which an election is termi- At the appropriate place, insert the fol- shall be treated as one person, and sections nated under this subsection shall determine lowing: 267(b) and 707(b)(1) shall be applied as if sec- its taxable year for subsequent taxable years SEC. ll. ESTABLISHMENT OF SIMPLE CAFE- tion 267(c)(4) provided that the family of an under any other method that would be per- TERIA PLANS FOR SMALL BUSI- individual consists of the individual’s spouse mitted under subtitle A. NESSES. and the individual’s children under the age ‘‘(4) INCOME INCLUSION AND DEDUCTION (a) IN GENERAL.—Section 125 (relating to of 21. RULES FOR PERIOD AFTER TERMINATION.—If cafeteria plans) is amended by redesignating

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subsections (h) and (i) as subsections (i) and ‘‘(iii) KEY EMPLOYEE.—The term ‘key em- ‘‘(7) COMPENSATION.—The term ‘compensa- (j), respectively, and by inserting after sub- ployee’ has the meaning given such term by tion’ has the meaning given such term by section (g) the following new subsection: section 416(i). section 414(s).’’ ‘‘(4) MINIMUM ELIGIBILITY AND PARTICIPA- (b) EFFECTIVE DATE.—The amendments ‘‘(h) SIMPLE CAFETERIA PLANS FOR SMALL TION REQUIREMENTS.— made by this section shall apply to years be- BUSINESSES.— ‘‘(A) IN GENERAL.—The requirements of ginning after December 31, 2006. ‘‘(1) IN GENERAL.—An eligible employer this paragraph shall be treated as met with maintaining a simple cafeteria plan with re- respect to any year if, under the plan— SA 125. Ms. SNOWE submitted an spect to which the requirements of this sub- ‘‘(i) all employees who had at least 1,000 amendment intended to be proposed by section are met for any year shall be treated hours of service for the preceding plan year her to the bill H.R. 2, to amend the as meeting any applicable nondiscrimination are eligible to participate, and Fair Labor Standards Act of 1938 to requirement with respect to benefits pro- ‘‘(ii) each employee eligible to participate provide for an increase in the Federal vided under the plan during such year. in the plan may, subject to terms and condi- minimum wage; which was ordered to ‘‘(2) SIMPLE CAFETERIA PLAN.—For purposes tions applicable to all participants, elect any of this subsection, the term ‘simple cafeteria lie on the table; as follows: benefit available under the plan. plan’ means a cafeteria plan— At the appropriate place, insert the fol- ‘‘(B) CERTAIN EMPLOYEES MAY BE EX- ‘‘(A) which is established and maintained lowing: CLUDED.—For purposes of subparagraph by an eligible employer, and SEC. ll. ESTABLISHMENT OF SIMPLE CAFE- (A)(i), an employer may elect to exclude ‘‘(B) with respect to which the contribu- TERIA PLANS FOR SMALL BUSI- NESSES. tion requirements of paragraph (3), and the under the plan employees— (a) IN GENERAL.—Section 125 (relating to eligibility and participation requirements of ‘‘(i) who have less than 1 year of service cafeteria plans) is amended by redesignating paragraph (4), are met. with the employer as of any day during the plan year, subsections (h) and (i) as subsections (i) and ‘‘(3) CONTRIBUTIONS REQUIREMENTS.— ‘‘(ii) who have not attained the age of 21 (j), respectively, and by inserting after sub- ‘‘(A) IN GENERAL.—The requirements of before the close of a plan year, section (g) the following new subsection: this paragraph are met if, under the plan— ‘‘(h) SIMPLE CAFETERIA PLANS FOR SMALL ‘‘(i) the employer makes matching con- ‘‘(iii) who are covered under an agreement which the Secretary of Labor finds to be a BUSINESSES.— tributions on behalf of each employee who is ‘‘(1) IN GENERAL.—An eligible employer eligible to participate in the plan and who is collective bargaining agreement if there is evidence that the benefits covered under the maintaining a simple cafeteria plan with re- not a highly compensated or key employee spect to which the requirements of this sub- cafeteria plan were the subject of good faith in an amount equal to the elective plan con- section are met for any year shall be treated bargaining between employee representa- tributions of the employee to the plan to the as meeting any applicable nondiscrimination tives and the employer, or extent the employee’s elective plan contribu- requirement with respect to benefits pro- ‘‘(iv) who are described in section tions do not exceed 3 percent of the employ- vided under the plan during such year. 410(b)(3)(C) (relating to nonresident aliens ee’s compensation, or ‘‘(2) SIMPLE CAFETERIA PLAN.—For purposes ‘‘(ii) the employer is required, without re- working outside the United States). of this subsection, the term ‘simple cafeteria gard to whether an employee makes any A plan may provide a shorter period of serv- plan’ means a cafeteria plan— elective plan contribution, to make a con- ice or younger age for purposes of clause (i) ‘‘(A) which is established and maintained tribution to the plan on behalf of each em- or (ii). by an eligible employer, and ployee who is not a highly compensated or ‘‘(5) ELIGIBLE EMPLOYER.—For purposes of ‘‘(B) with respect to which the contribu- key employee and who is eligible to partici- this subsection— tion requirements of paragraph (3), and the pate in the plan in an amount equal to at ‘‘(A) IN GENERAL.—The term ‘eligible em- eligibility and participation requirements of least 2 percent of the employee’s compensa- ployer’ means, with respect to any year, any paragraph (4), are met. tion. employer if such employer employed an av- ‘‘(3) CONTRIBUTIONS REQUIREMENTS.— ‘‘(B) MATCHING CONTRIBUTIONS ON BEHALF erage of 100 or fewer employees on business ‘‘(A) IN GENERAL.—The requirements of OF HIGHLY COMPENSATED AND KEY EMPLOY- days during either of the 2 preceding years. this paragraph are met if, under the plan— EES.—The requirements of subparagraph For purposes of this subparagraph, a year ‘‘(i) the employer makes matching con- (A)(i) shall not be treated as met if, under may only be taken into account if the em- tributions on behalf of each employee who is the plan, the rate of matching contribution ployer was in existence throughout the year. eligible to participate in the plan and who is with respect to any elective plan contribu- ‘‘(B) EMPLOYERS NOT IN EXISTENCE DURING not a highly compensated or key employee tion of a highly compensated or key em- PRECEDING YEAR.—If an employer was not in in an amount equal to the elective plan con- ployee at any rate of contribution is greater existence throughout the preceding year, the tributions of the employee to the plan to the than that with respect to an employee who is determination under subparagraph (A) shall extent the employee’s elective plan contribu- not a highly compensated or key employee. be based on the average number of employees tions do not exceed 3 percent of the employ- ‘‘(C) SPECIAL RULES.— that it is reasonably expected such employer ee’s compensation, or ‘‘(i) TIME FOR MAKING CONTRIBUTIONS.—An will employ on business days in the current ‘‘(ii) the employer is required, without re- employer shall not be treated as failing to year. gard to whether an employee makes any meet the requirements of this paragraph elective plan contribution, to make a con- ‘‘(C) GROWING EMPLOYERS RETAIN TREAT- with respect to any elective plan contribu- tribution to the plan on behalf of each em- MENT AS SMALL EMPLOYER.—If— tions of any compensation, or employer con- ‘‘(i) an employer was an eligible employer ployee who is not a highly compensated or tributions required under this paragraph for any year (a ‘qualified year’), and key employee and who is eligible to partici- with respect to any compensation, if such ‘‘(ii) such employer establishes a simple pate in the plan in an amount equal to at contributions are made no later than the least 2 percent of the employee’s compensa- cafeteria plan for its employees for such 15th day of the month following the last day tion. year, of the calendar quarter which includes the ‘‘(B) MATCHING CONTRIBUTIONS ON BEHALF date of payment of the compensation. then, notwithstanding the fact the employer OF HIGHLY COMPENSATED AND KEY EMPLOY- ‘‘(ii) FORM OF CONTRIBUTIONS.—Employer fails to meet the requirements of subpara- EES.—The requirements of subparagraph contributions required under this paragraph graph (A) for any subsequent year, such em- (A)(i) shall not be treated as met if, under may be made either to the plan to provide ployer shall be treated as an eligible em- the plan, the rate of matching contribution benefits offered under the plan or to any per- ployer for such subsequent year with respect with respect to any elective plan contribu- son as payment for providing benefits offered to employees (whether or not employees dur- tion of a highly compensated or key em- under the plan. ing a qualified year) of any trade or business ployee at any rate of contribution is greater ‘‘(iii) ADDITIONAL CONTRIBUTIONS.—Subject which was covered by the plan during any than that with respect to an employee who is to subparagraph (B), nothing in this para- qualified year. This subparagraph shall cease not a highly compensated or key employee. graph shall be treated as prohibiting an em- to apply if the employer employs an average ‘‘(C) SPECIAL RULES.— ployer from making contributions to the of 200 more employees on business days dur- ‘‘(i) TIME FOR MAKING CONTRIBUTIONS.—An plan in addition to contributions required ing any year preceding any such subsequent employer shall not be treated as failing to under subparagraph (A). year. meet the requirements of this paragraph ‘‘(D) DEFINITIONS.—For purposes of this ‘‘(D) SPECIAL RULES.—The rules of section with respect to any elective plan contribu- paragraph— 220(c)(4)(D) shall apply for purposes of this tions of any compensation, or employer con- ‘‘(i) ELECTIVE PLAN CONTRIBUTION.—The paragraph. tributions required under this paragraph term ‘elective plan contribution’ means any ‘‘(6) APPLICABLE NONDISCRIMINATION RE- with respect to any compensation, if such amount which is contributed at the election QUIREMENT.—For purposes of this subsection, contributions are made no later than the of the employee and which is not includible the term ‘applicable nondiscrimination re- 15th day of the month following the last day in gross income by reason of this section. quirement’ means any requirement under of the calendar quarter which includes the ‘‘(ii) HIGHLY COMPENSATED EMPLOYEE.—The subsection (b) of this section, section 79(d), date of payment of the compensation. term ‘highly compensated employee’ has the section 105(h), or paragraph (2), (3), (4), or (8) ‘‘(ii) FORM OF CONTRIBUTIONS.—Employer meaning given such term by section 414(q). of section 129(d). contributions required under this paragraph

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S936 CONGRESSIONAL RECORD — SENATE January 23, 2007 may be made either to the plan to provide to employees (whether or not employees dur- ‘‘(ii)(I) has been terminated or laid off, or benefits offered under the plan or to any per- ing a qualified year) of any trade or business has received a notice of termination or lay- son as payment for providing benefits offered which was covered by the plan during any off, from employment in a manufacturing or under the plan. qualified year. This subparagraph shall cease service sector as a result of any permanent ‘‘(iii) ADDITIONAL CONTRIBUTIONS.—Subject to apply if the employer employs an average closure of, or any substantial layoff at, a to subparagraph (B), nothing in this para- of 200 more employees on business days dur- plant, facility, or enterprise; or graph shall be treated as prohibiting an em- ing any year preceding any such subsequent ‘‘(II) is employed in a manufacturing or ployer from making contributions to the year. service sector at a facility at which the em- plan in addition to contributions required ‘‘(D) SPECIAL RULES.—The rules of section ployer has made a general announcement under subparagraph (A). 220(c)(4)(D) shall apply for purposes of this that such facility will close within 180 days. ‘‘(D) DEFINITIONS.—For purposes of this paragraph. ‘‘(C) HEALTH CARE PROFESSIONAL.—The paragraph— ‘‘(6) APPLICABLE NONDISCRIMINATION RE- term ‘health care professional’— ‘‘(i) ELECTIVE PLAN CONTRIBUTION.—The QUIREMENT.—For purposes of this subsection, ‘‘(i) means an individual who is involved term ‘elective plan contribution’ means any the term ‘applicable nondiscrimination re- with— amount which is contributed at the election quirement’ means any requirement under ‘‘(I) the delivery of health care services, or of the employee and which is not includible subsection (b) of this section, section 79(d), related services, pertaining to— in gross income by reason of this section. section 105(h), or paragraph (2), (3), (4), or (8) ‘‘(aa) the identification, evaluation, and ‘‘(ii) HIGHLY COMPENSATED EMPLOYEE.—The of section 129(d). prevention of diseases, disorders, or injuries; term ‘highly compensated employee’ has the ‘‘(7) COMPENSATION.—The term ‘compensa- or meaning given such term by section 414(q). tion’ has the meaning given such term by ‘‘(bb) home-based or community-based ‘‘(iii) KEY EMPLOYEE.—The term ‘key em- section 414(s).’’ long-term care; ployee’ has the meaning given such term by (b) EFFECTIVE DATE.—The amendments ‘‘(II) the delivery of dietary and nutrition section 416(i). made by this section shall apply to years be- services; or ‘‘(4) MINIMUM ELIGIBILITY AND PARTICIPA- ginning after December 31, 2006. ‘‘(III) rehabilitation and health systems TION REQUIREMENTS.— management; and ‘‘(A) IN GENERAL.—The requirements of SA 126. Mr. FEINGOLD submitted an ‘‘(ii) includes nurses, home health aides, this paragraph shall be treated as met with amendment intended to be proposed by nursing assistants, physician assistants, den- respect to any year if, under the plan— him to the bill H.R. 2, to amend the tal hygienists, diagnostic medical ‘‘(i) all employees who had at least 1,000 Fair Labor Standards Act of 1938 to sonographers, dietitians, medical tech- hours of service for the preceding plan year provide for an increase in the Federal nologists, occupational therapists, physical therapists, radiographers, respiratory thera- are eligible to participate, and minimum wage; which was ordered to ‘‘(ii) each employee eligible to participate pists, emergency medical service techni- in the plan may, subject to terms and condi- lie on the table; as follows: cians, speech-language pathologists, and spe- tions applicable to all participants, elect any At the appropriate place, insert the fol- cific occupational needs of the community benefit available under the plan. lowing: served by the eligible entities as defined in ‘‘(B) CERTAIN EMPLOYEES MAY BE EX- SEC. ll. HEALTH PROFESSIONS TRAINING DEM- section (e)(4) of this Act. CLUDED.—For purposes of subparagraph ONSTRATION PROJECT. ‘‘(2) ESTABLISHMENT OF PROJECT.—In ac- (A)(i), an employer may elect to exclude Section 171 of the Workforce Investment cordance with subsection (b), the Secretary under the plan employees— Act of 1998 (29 U.S.C. 2916) is amended by add- shall establish and carry out a health profes- ‘‘(i) who have less than 1 year of service ing at the end the following: sions training demonstration project. ‘‘(e) HEALTH PROFESSIONS TRAINING DEM- with the employer as of any day during the ‘‘(3) GRANTS.—In carrying out the project, ONSTRATION PROJECT.— plan year, the Secretary, after consultation with the ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(ii) who have not attained the age of 21 Secretary of Health and Human Services, ‘‘(A) COVERED COMMUNITY.—The term ‘cov- before the close of a plan year, shall make grants to eligible entities to en- ered community’ means a community or re- ‘‘(iii) who are covered under an agreement able the entities to carry out programs in gion that— which the Secretary of Labor finds to be a covered communities to train covered work- ‘‘(i) has experienced a significant percent- collective bargaining agreement if there is ers for employment as health care profes- age decline in positions in the manufac- evidence that the benefits covered under the sionals. The Secretary shall make each grant turing or service sectors; and cafeteria plan were the subject of good faith in an amount of not less than $100,000 and ‘‘(ii)(I) is eligible for designation under sec- bargaining between employee representa- not more than $500,000. tion 332 of the Public Health Service Act (42 tives and the employer, or ‘‘(4) ELIGIBLE ENTITIES.—Notwithstanding U.S.C. 254e) as a health professional shortage ‘‘(iv) who are described in section subsection (b)(2)(B), to be eligible to receive area; 410(b)(3)(C) (relating to nonresident aliens a grant under this subsection to carry out a ‘‘(II) is eligible to be served by a health working outside the United States). program in a covered community, an entity center under section 330 or a grantee under shall be a partnership that is— A plan may provide a shorter period of serv- section 330(h) (relating to homeless individ- ‘‘(A) under the direction of a local work- ice or younger age for purposes of clause (i) uals) of the Public Health Service Act (42 force investment board established under or (ii). U.S.C. 254b, 254b(h)); section 117 that is serving the covered com- ‘‘(5) ELIGIBLE EMPLOYER.—For purposes of ‘‘(III) has a shortage of personal health munity; and this subsection— services, as determined under criteria issued ‘‘(B) composed of members serving the cov- ‘‘(A) IN GENERAL.—The term ‘eligible em- by the Secretary of Health and Human Serv- ered community, such as— ployer’ means, with respect to any year, any ices under section 1861(aa)(2) of the Social ‘‘(i) a 4-year institution of higher edu- employer if such employer employed an av- Security Act (relating to rural health clin- cation; erage of 100 or fewer employees on business ics) (42 U.S.C. 1395x(aa)(2)); or ‘‘(ii) an accredited community college; days during either of the 2 preceding years. ‘‘(IV) is designated by a Governor (in con- ‘‘(iii) an accredited vocational or technical For purposes of this subparagraph, a year sultation with the medical community) as a school; may only be taken into account if the em- shortage area or medically underserved com- ‘‘(iv) a health clinic or hospital; ployer was in existence throughout the year. munity. ‘‘(v) a home-based or community-based ‘‘(B) EMPLOYERS NOT IN EXISTENCE DURING ‘‘(B) COVERED WORKER.—The term ‘covered long-term care facility or program; or PRECEDING YEAR.—If an employer was not in worker’ means an individual who— ‘‘(vi) a health care facility administered by existence throughout the preceding year, the ‘‘(i)(I) has been terminated or laid off, or the Secretary of Veterans Affairs. determination under subparagraph (A) shall who has received a notice of termination or ‘‘(5) APPLICATIONS.—To be eligible to re- be based on the average number of employees layoff, from employment in a manufacturing ceive a grant under this subsection, an enti- that it is reasonably expected such employer or service sector; ty shall submit an application to the Sec- will employ on business days in the current ‘‘(II)(aa) is eligible for or has exhausted en- retary at such time, in such manner, and year. titlement to unemployment compensation; containing such information as the Sec- ‘‘(C) GROWING EMPLOYERS RETAIN TREAT- or retary may require, including, at a min- MENT AS SMALL EMPLOYER.—If— ‘‘(bb) has been employed for a duration suf- imum— ‘‘(i) an employer was an eligible employer ficient to demonstrate, to the appropriate ‘‘(A) a proposal to use the grant funds to for any year (a ‘qualified year’), and entity at a one-stop center referred to in sec- establish or expand a training program in ‘‘(ii) such employer establishes a simple tion 134(c), attachment to the workforce, but order to train covered workers for employ- cafeteria plan for its employees for such is not eligible for unemployment compensa- ment as health care professionals or para- year, tion due to insufficient earnings or having professionals; then, notwithstanding the fact the employer performed services for an employer that were ‘‘(B) information demonstrating the need fails to meet the requirements of subpara- not covered under a State unemployment for the training and support services to be graph (A) for any subsequent year, such em- compensation law; and provided through the program; ployer shall be treated as an eligible em- ‘‘(III) is unlikely to return to a previous in- ‘‘(C) information describing the manner in ployer for such subsequent year with respect dustry or occupation; or which the entity will expend the grant funds,

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S937 and the activities to be carried out with the minimum wage; which was ordered to environment for small business concerns; funds; lie on the table; as follows: and ‘‘(D) information demonstrating that the At the end, add the following: (5) expand the services delivered by the entity meets the requirements of paragraph Small Business Development Centers under (4); and SEC. 4. ANNUAL REPORT ON ACQUISITIONS OF ARTICLES, MATERIALS, AND SUP- section 21(c)(3)(H) of the Small Business Act ‘‘(E) with respect to training programs car- PLIES MANUFACTURED OUTSIDE to improve access to programs to assist ried out by the applicant, information— THE UNITED STATES. small business concerns with regulatory ‘‘(i) on the graduation rates of the pro- Section 2 of the Buy American Act (41 compliance. grams involved; U.S.C. 10a) is amended— (b) DEFINITIONS.—In this section, the fol- ‘‘(ii) on the retention measures carried out (1) by striking ‘‘Notwithstanding’’ and in- lowing definitions shall apply: by the applicant; serting the following: (1) ADMINISTRATION.—The term ‘‘Adminis- ‘‘(iii) on the length of time necessary to ‘‘(a) IN GENERAL.—Notwithstanding’’; and tration’’ means the Small Business Adminis- complete the training programs of the appli- (2) by adding at the end the following: tration. cant; and ‘‘(b) REPORTS.— (2) ADMINISTRATOR.—The term ‘‘Adminis- ‘‘(iv) on the number of qualified trainees ‘‘(1) IN GENERAL.—Not later than 180 days trator’’ means the Administrator of the Ad- that are refused admittance into the train- after the end of each fiscal year, the head of ministration, acting through the Associate ing programs because of lack of capacity. each Federal agency shall submit a report to Administrator for Small Business Develop- ‘‘(6) SELECTION.—In making grants under Congress on the amount of the acquisitions ment Centers. paragraph (3), the Secretary, after consulta- made by the agency of articles, materials, or (3) ASSOCIATION.—The term ‘‘association’’ tion with the Secretary of Health and supplies purchased from entities that manu- means the association established pursuant Human Services, shall— facture the articles, materials, or supplies to section 21(a)(3)(A) of the Small Business ‘‘(A) consider the date submitted by the outside of the United States in that fiscal Act (15 U.S.C. 648(a)(3)(A)) representing a applicant under paragraph (5)(E); and year. majority of Small Business Development ‘‘(B) select— ‘‘(2) CONTENTS OF REPORT.—The report re- Centers. ‘‘(i) eligible entities submitting applica- quired by paragraph (1) shall separately in- (4) PARTICIPATING SMALL BUSINESS DEVEL- tions that meet such criteria as the Sec- clude— OPMENT CENTER.—The term ‘‘participating retary of Labor determines to be appro- ‘‘(A) the dollar value of any articles, mate- Small Business Development Center’’ means priate; and rials, or supplies that were manufactured a Small Business Development Center par- ‘‘(ii) among such entities, the eligible enti- outside the United States; ticipating in the pilot program established ties serving the covered communities with ‘‘(B) an itemized list of all waivers granted under this section. the greatest need for the grants and the with respect to such articles, materials, or (5) REGULATORY COMPLIANCE ASSISTANCE.— greatest potential to benefit from the grants. supplies under this Act, and a citation to the The term ‘‘regulatory compliance assist- ‘‘(7) USE OF FUNDS.— treaty, international agreement, or other ance’’ means assistance provided by a Small ‘‘(A) IN GENERAL.—An entity that receives law under which each waiver was granted; Business Development Center to a small a grant under this subsection shall use the ‘‘(C) if any articles, materials, or supplies business concern to assist and facilitate the funds made available through the grant for were acquired from entities that manufac- concern in complying with Federal and State training and support services that meet the ture articles, materials, or supplies outside regulatory requirements derived from Fed- needs described in the application submitted the United States, the specific exception eral law. under paragraph (5), which may include— under this section that was used to purchase (6) SMALL BUSINESS DEVELOPMENT CEN- ‘‘(i) increasing capacity, subject to sub- such articles, materials, or supplies; and TER.—The term ‘‘Small Business Develop- paragraph (B)(i), at an educational institu- ‘‘(D) a summary of— ment Center’’ means a Small Business Devel- tion or training center to train individuals ‘‘(i) the total procurement funds expended opment Center described in section 21 of the for employment as health professionals, such on articles, materials, and supplies manufac- Small Business Act (15 U.S.C. 648). as by— tured inside the United States; and (7) STATE.—The term ‘‘State’’ means each ‘‘(I) expanding a facility, subject to sub- ‘‘(ii) the total procurement funds expended of the several States, the District of Colum- paragraph (B)(ii); on articles, materials, and supplies manufac- bia, the Commonwealth of Puerto Rico, the ‘‘(II) expanding course offerings; tured outside the United States. Virgin Islands, American Samoa, and Guam. ‘‘(III) hiring faculty; ‘‘(3) PUBLIC AVAILABILITY.—The head of (c) SMALL BUSINESS REGULATORY ASSIST- ‘‘(IV) providing a student loan repayment each Federal agency submitting a report ANCE PILOT PROGRAM.— program for the faculty; under paragraph (1) shall make the report (1) AUTHORITY.—In accordance with this ‘‘(V) establishing or expanding clinical publicly available to the maximum extent section, the Administrator shall establish a education opportunities; practicable. pilot program to provide regulatory compli- ‘‘(VI) purchasing equipment, such as com- ‘‘(4) EXCEPTION FOR INTELLIGENCE COMMU- ance assistance to small business concerns puters, books, clinical supplies, or a patient NITY.—This subsection shall not apply to ac- through participating Small Business Devel- simulator; or quisitions made by an agency, or component opment Centers. ‘‘(VII) conducting recruitment; or thereof, that is an element of the intel- (2) SMALL BUSINESS DEVELOPMENT CEN- ‘‘(ii) providing support services for covered ligence community as specified in, or des- TERS.— workers participating in the training, such ignated under, section 3(4) of the National (A) IN GENERAL.—In carrying out the pilot as— Security Act of 1947 (50 U.S.C. 401a(4)).’’. program established under this section, the ‘‘(I) providing tuition assistance; Administrator shall enter into arrangements ‘‘(II) establishing or expanding distance SA 128. Mr. KERRY (for himself and with participating Small Business Develop- education programs; ment Centers under which such Centers ‘‘(III) providing transportation assistance; Ms. SNOWE) submitted an amendment shall— or intended to be proposed by him to the (i) provide access to information and re- ‘‘(IV) providing child care. bill H.R. 2, to amend the Fair Labor sources, including current Federal and State ‘‘(B) LIMITATION.—To be eligible to use the Standards Act of 1938 to provide for an nonpunitive compliance and technical assist- funds to expand a facility, the eligible entity increase in the Federal minimum wage; ance programs similar to those established shall demonstrate to the Secretary in an ap- which was ordered to lie on the table; under section 507 of the Clean Air Act plication submitted under paragraph (5) that as follows: Amendments of 1990 (42 U.S.C. 7661f); the entity can increase the capacity de- At the appropriate place, insert the fol- (ii) conduct training and educational ac- scribed in subparagraph (E)(iv) of such facil- lowing: tivities; ity only by expanding the facility. SEC. ll. SMALL BUSINESS REGULATORY ASSIST- (iii) offer confidential, free-of-charge, one- ‘‘(8) FUNDING.—Of the amounts appro- ANCE. on-one, in-depth counseling to the owners priated to, and available at the discretion of, (a) PURPOSE.—The purpose of this section and operators of small business concerns re- the Secretary or the Secretary of Health and is to establish a 4-year pilot program to— garding compliance with Federal and State Human Services for programmatic and ad- (1) provide confidential assistance to small regulations derived from Federal law, pro- ministrative expenditures, a total of business concerns; vided that such counseling is not considered $25,000,000 shall be used to establish and (2) provide small business concerns with to be the practice of law in a State in which carry out the demonstration project de- the information necessary to improve their a Small Business Development Center is lo- scribed in paragraph (2) in accordance with rate of compliance with Federal and State cated or in which such counseling is con- this subsection.’’. regulations derived from Federal law; ducted; (3) create a partnership among Federal (iv) provide technical assistance; SA 127. Mr. FEINGOLD submitted an agencies to increase outreach efforts to (v) give referrals to experts and other pro- amendment intended to be proposed by small business concerns with respect to regu- viders of compliance assistance who meet him to the bill H.R. 2, to amend the latory compliance; such standards for educational, technical, Fair Labor Standards Act of 1938 to (4) provide a mechanism for unbiased feed- and professional competency as are estab- provide for an increase in the Federal back to Federal agencies on the regulatory lished by the Administrator; and

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S938 CONGRESSIONAL RECORD — SENATE January 23, 2007 (vi) form partnerships with Federal com- (4) shall be eligible to receive a grant in an SEC. lll. MODIFICATION OF DETERMINATION pliance programs. amount equal to— OF EXCLUSION FOR TRACTORS (B) REPORTS.—Each participating Small (A) not less than $150,000 per fiscal year; WEIGHING NOT MORE THAN 19,500 Business Development Center shall transmit and POUNDS FROM FEDERAL EXCISE TAX ON HEAVY TRUCKS AND TRAIL- to the Administrator and the Chief Counsel (B) not more than $300,000 per fiscal year. ERS. for Advocacy of the Administration, as the (7) EVALUATION AND REPORT.—The Comp- (a) IN GENERAL.—Subparagraph (B) of sec- Administrator may direct, a quarterly report troller General of the United States shall— tion 4051(a)(4) is amended to read as follows: that includes— (A) not later than 30 months after the date ‘‘(B) the gross combined weight (as deter- (i) a summary of the regulatory compli- of disbursement of the first grant under the mined by the Secretary) of such tractor, in ance assistance provided by the Center under pilot program established under this section, combination with a trailer or a semitrailer, the pilot program; initiate an evaluation of the pilot program; does not exceed the tractor’s gross vehicle (ii) the number of small business concerns and weight by 26,000 pounds or more.’’. assisted under the pilot program; and (B) not later than 6 months after the date (b) EFFECTIVE DATE.—The amendment (iii) for every fourth report, any regulatory of the initiation of the evaluation under sub- made by this section shall take effect as if compliance information based on Federal paragraph (A), transmit to the Adminis- included in the amendment made by section law that a Federal or State agency has pro- trator, the Committee on Small Business 11112(a) of Safe, Accountable, Flexible, Effi- vided to the Center during the preceding and Entrepreneurship of the Senate, and the cient Transportation Equity Act: A Legacy year and requested that it be disseminated Committee on Small Business of the House for Users. to small business concerns. of Representatives, a report containing— (3) ELIGIBILITY.—A Small Business Devel- (i) the results of the evaluation; and SA 130. Mr. VOINOVICH submitted opment Center shall be eligible to receive as- (ii) any recommendations as to whether an amendment intended to be proposed sistance under the pilot program established the pilot program, with or without modifica- by him to the bill H.R. 2, to amend the under this section only if such Center is cer- tion, should be extended to include the par- tified under section 21(k)(2) of the Small Fair Labor Standards Act of 1938 to ticipation of all Small Business Development provide for an increase in the Federal Business Act (15 U.S.C. 648(k)(2)). Centers. minimum wage; which was ordered to (4) SELECTION OF PARTICIPATING STATE PRO- (8) AUTHORIZATION OF APPROPRIATIONS.— GRAMS.— (A) IN GENERAL.—There are authorized to lie on the table; as follows: (A) GROUPINGS.— be appropriated to carry out this section— At the appropriate place insert the fol- (i) CONSULTATION.—In consultation with (i) $5,000,000 for the first fiscal year begin- lowing: the association, and giving substantial ning after the date of enactment of this Act; SEC. ll. EXTENSION OF WORK OPPORTUNITY weight to the recommendations of the asso- and TAX CREDIT TO QUALIFIED RES- ciation, the Administrator shall select the (ii) $5,000,000 for each of the 3 fiscal years TAURANT EMPLOYEES. Small Business Development Center Pro- following the fiscal year described in clause (a) IN GENERAL.—Section 51(d)(1) of the In- grams of 2 States from each of the groups of (i). ternal Revenue Code of 1986 is amended by States described in clauses (ii) through (xi) (B) LIMITATION ON USE OF OTHER FUNDS.— striking ‘‘or’’ at the end of subparagraph (H), to participate in the pilot program estab- The Administrator may carry out the pilot by striking the period at the end of subpara- lished under this section. program established under this section only graph (I) and inserting ‘‘, or’’, and by adding (ii) GROUP 1.—Group 1 shall consist of with amounts appropriated in advance spe- at the end the following new subparagraph: Maine, Massachusetts, New Hampshire, Con- cifically to carry out this section. ‘‘(J) a qualified restaurant employee.’’. necticut, Vermont, and Rhode Island. (b) QUALIFIED RESTAURANT EMPLOYEE.— (9) TERMINATION.—The Small Business Reg- (iii) GROUP 2.—Group 2 shall consist of New Section 51(d) of the Internal Revenue Code of ulatory Assistance Pilot Program estab- York, New Jersey, Puerto Rico, and the Vir- 1986 is amended by redesignating paragraphs lished under this section shall terminate 4 gin Islands. (11) through (13) as paragraphs (12) through years after the date of disbursement of the (iv) GROUP 3.—Group 3 shall consist of (14), respectively, and by inserting after first grant under the pilot program. Pennsylvania, Maryland, West Virginia, Vir- paragraph (10) the following new paragraph: ginia, the District of Columbia, and Dela- (d) RULEMAKING.—After providing notice ‘‘(11) QUALIFIED RESTAURANT EMPLOYEE.— ware. and an opportunity for comment, and after ‘‘(A) IN GENERAL.—The term ‘qualified res- (v) GROUP 4.—Group 4 shall consist of Geor- consulting with the association (but not taurant employee’ means any individual— gia, Alabama, North Carolina, South Caro- later than 180 days after the date of enact- ‘‘(i) who performs services in a restaurant lina, Mississippi, Florida, Kentucky, and ment of this Act), the Administrator shall where tipping is not customary, Tennessee. promulgate final regulations to carry out ‘‘(ii) who is not exempt under the Fair (vi) GROUP 5.—Group 5 shall consist of Illi- this section, including regulations that es- Labor Standards Act and earns at least the nois, Ohio, Michigan, Indiana, Wisconsin, tablish— Federal minimum wage, and and Minnesota. (1) priorities for the types of assistance to ‘‘(iii) who is certified by the employer dur- (vii) GROUP 6.—Group 6 shall consist of be provided under the pilot program estab- ing the hiring process as having attained age Texas, New Mexico, Arkansas, Oklahoma, lished under this section; 16 but not 20 on the hiring date. and Louisiana. (2) standards relating to educational, tech- ‘‘(B) SPECIAL RULE FOR DETERMINING (viii) GROUP 7.—Group 7 shall consist of nical, and support services to be provided by AMOUNT OF CREDIT.—For purposes of applying Missouri, Iowa, Nebraska, and Kansas. participating Small Business Development this subpart to wages paid or incurred to any (ix) GROUP 8.—Group 8 shall consist of Col- Centers; qualified restaurant employee, subsection orado, Wyoming, North Dakota, South Da- (3) standards relating to any national serv- (b)(3) shall be applied by substituting ‘$3,000’ kota, Montana, and Utah. ice delivery and support function to be pro- for ‘$6,000’.’’. (x) GROUP 9.—Group 9 shall consist of Cali- vided by the association under the pilot pro- (c) SPECIAL RULE FOR CERTIFICATIONS.— fornia, Guam, American Samoa, Hawaii, Ne- gram; Subparagraph (A) of section 51(d)(14) of the vada, and Arizona. (4) standards relating to any work plan Internal Revenue Code of 1986, as redesig- (xi) GROUP 10.—Group 10 shall consist of that the Administrator may require a par- nated by subsection (b), is amended by in- Washington, Alaska, Idaho, and Oregon. ticipating Small Business Development Cen- serting ‘‘, other than an individual described (B) DEADLINE FOR SELECTION.—The Admin- ter to develop; and in paragraph (11),’’ after ‘‘An individual’’. istrator shall make selections under this (5) standards relating to the educational, (d) NONQUALIFYING REHIRES.—Paragraph (2) paragraph not later than 60 days after the technical, and professional competency of of section 51(i) of the Internal Revenue Code date of publication of final regulations under any expert or other assistance provider to of 1986 is amended to read as follows: subsection (d). whom a small business concern may be re- ‘‘(2) NONQUALIFYING REHIRES.— (C) COORDINATION TO AVOID DUPLICATION ferred for compliance assistance under the ‘‘(A) IN GENERAL.—No wages shall be taken WITH OTHER PROGRAMS.—In selecting Small pilot program. into account under subsection (a) with re- Business Development Center Programs spect to any individual, other than an indi- under this paragraph, the Administrator vidual described in subsection (d)(11), if, shall give a preference to any such program SA 129. Mr. INHOFE submitted an prior to the hiring date of such individual, that has a plan for consulting with Federal amendment intended to be proposed to such individual had been employed by the and State agencies to ensure that any assist- amendment SA 100 proposed by Mr. employer at any time. ance provided under this section is not dupli- ‘‘(B) QUALIFIED RESTAURANT EMPLOYEES.— cated by a Federal or State program. REID (for Mr. BAUCUS) to the bill H.R. In the case of an individual described in sub- (5) MATCHING REQUIREMENT.—Subpara- 2, to amend the Fair Labor Standards section (d)(11), no wages shall be taken into graphs (A) and (B) of section 21(a)(4) of the Act of 1938 to provide for an increase in account under subsection (a) if, prior to the Small Business Act (15 U.S.C. 648(a)(4)) shall the Federal minimum wage; which was hiring date of such individual, such indi- apply to assistance made available under the ordered to lie on the table; as follows: vidual had been employed by the employer pilot program established under this section. within the prior 90 day period.’’. (6) GRANT AMOUNTS.—Each State program At the appropriate place insert the fol- (e) MINIMUM EMPLOYMENT PERIODS.—Sec- selected to receive a grant under paragraph lowing: tion 51(i)(3) of the Internal Revenue Code of

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S939 1986 is amended by adding at the end the fol- ‘‘(ii) who is not the spouse or qualifying ‘‘(B) applies that rate to not fewer than the lowing new subparagraph: child of such taxpayer or any other taxpayer employees performing work within the State ‘‘(C) NONAPPLICATION TO QUALIFIED RES- for any taxable year beginning in the cal- who would otherwise be covered by the min- TAURANT EMPLOYEES.—Subparagraphs (A) endar year in which the taxpayer’s taxable imum wage rate prescribed by subsection and (B) shall not apply to an individual de- year begins, and (a)(1). scribed in subsection (d)(11).’’. ‘‘(iii) who, for the taxable year of the tax- ‘‘(3) In the case of a State that does not (f) EFFECTIVE DATE.—The amendments payer, has the same principal place of abode have a State law that conforms to the re- made by this section shall apply to individ- as the taxpayer and is a member of the tax- quirements of paragraph (2), an increase in uals who begin work for the employer after payer’s household. the minimum wage rate prescribed by sub- the date of the enactment of this Act. For purposes of subparagraph (E)(i), not section (a)(1) that is enacted on or after the more than 1 person may be designated by the date of enactment of the Fair Minimum SA 131. Mr. VOINOVICH submitted taxpayer for any taxable year.’’. Wage Act of 2007 shall go into effect in such an amendment intended to be proposed (b) CONFORMING AMENDMENT.—Subpara- State 6 months after the first day of the first by him to the bill H.R. 2, to amend the graph (B) of section 162(l)(2) of the Internal legislative session of the State legislature in Fair Labor Standards Act of 1938 to Revenue Code of 1986 is amended by striking which a State law described in paragraph (2) provide for an increase in the Federal ‘‘or of the spouse of the taxpayer’’ and in- may be considered.’’. minimum wage; which was ordered to serting ‘‘, of the spouse of the taxpayer, or of SA 135. Mr. CORNYN submitted an lie on the table; as follows: any individual described in paragraph (1)(E)’’. amendment intended to be proposed to At the appropriate place insert the fol- (c) EFFECTIVE DATE.—The amendments amendment SA 100 proposed by Mr. lowing: made by this section shall apply to taxable REID (for Mr. BAUCUS) to the bill H.R. SEC. lll. DEDUCTIBILITY OF INTEREST EX- years beginning after December 31, 2007. PENSE INCURRED BY ELECTING 2, to amend the Fair Labor Standards SMALL BUSINESS TRUST TO AC- SA 133. Mr. COBURN submitted an Act of 1938 to provide for an increase in QUIRE S CORPORATION STOCK. amendment intended to be proposed by the Federal minimum wage; which was (a) IN GENERAL.—Subparagraph (C) of sec- ordered to lie on the table; as follows: tion 641(c)(2) of the Internal Revenue Code of him to the bill H.R. 2, to amend the At the appropriate place, insert the fol- 1986 (relating to modifications) is amended Fair Labor Standards Act of 1938 to lowing: by inserting after clause (iii) the following provide for an increase in the Federal new clause: minimum wage; which was ordered to SEC. lll. REPEAL OF FEDERAL UNEMPLOY- MENT SURTAX. ‘‘(iv) Any interest expense incurred to ac- lie on the table; as follows: quire stock in an S corporation.’’. (a) IN GENERAL.—Section 3301 (relating to At the appropriate place, insert the fol- rate of Federal unemployment tax) is (b) EFFECTIVE DATE.—The amendment lowing: made by this section shall apply to taxable amended by striking ‘‘or’’ at the end of para- SEC. ll. STATE MINIMUM WAGE. years beginning after December 31, 2006. graph (1), by redesignating paragraph (2) as Section 6 of the Fair Labor Standards Act paragraph (3), and by inserting after para- SA 132. Mr. SMITH (for himself and of 1938 (29 U.S.C. 206) is amended by adding at graph (1) the following new paragraph: the end the following: ‘‘(2) in the case of wages paid in calendar Mr. SCHUMER) submitted an amend- ‘‘(h)(1) An employer in a State that adopts ment intended to be proposed by him year 2007— a minimum wage law that conforms to the ‘‘(A) 6.2 percent in the case of wages for to the bill H.R. 2, to amend the Fair requirements of paragraph (2) shall not be re- any portion of the year ending before April 1, Labor Standards Act of 1938 to provide quired to pay the employer’s employees at and for an increase in the Federal min- the minimum wage prescribed by subsection ‘‘(B) 6.0 percent in the case of wages for imum wage; which was ordered to lie (a)(1). any portion of the year beginning after on the table; as follows: ‘‘(2) Paragraph (1) shall apply in a State March 31; or’’. that adopts a minimum wage law that— (b) CONFORMING AMENDMENT.—Section At the appropriate place, insert the fol- ‘‘(A) sets a rate that is not less than $5.15 lowing: 3301(1) of such Code is amended by striking an hour; and ‘‘2007’’ and inserting ‘‘2006’’. SEC. ll. EXPANSION OF DEDUCTION FOR ‘‘(B) applies that rate to not fewer than the (c) EFFECTIVE DATE.—The amendments HEALTH INSURANCE COSTS OF employees performing work within the State SELF-EMPLOYED INDIVIDUALS. made by this section shall apply to wages who would otherwise be covered by the min- paid after December 31, 2006. (a) IN GENERAL.—Paragraph (1) of section imum wage rate prescribed by subsection 162(l) of the Internal Revenue Code of 1986 (a)(1). SA 136. Mr. CORNYN submitted an (relating to special rules for health insur- ‘‘(3) In the case of a State that does not ance costs of self-employed individuals) is have a State law that conforms to the re- amendment intended to be proposed by amended to read as follows: quirements of paragraph (2), an increase in him to the bill H.R. 2, to amend the ‘‘(1) ALLOWANCE OF DEDUCTION.—In the case the minimum wage rate prescribed by sub- Fair Labor Standards Act of 1938 to of a taxpayer who is an employee within the section (a)(1) that is enacted on or after the provide for an increase in the Federal meaning of section 401(c)(1), there shall be date of enactment of the Fair Minimum minimum wage; which was ordered to allowed as a deduction under this section an Wage Act of 2007 shall go into effect in such lie on the table; as follows: amount equal to the amount paid during the State 6 months after the first day of the first taxable year for insurance which constitutes At the appropriate place, insert the fol- legislative session of the State legislature in lowing: medical care for— which a State law described in paragraph (2) ‘‘(A) the taxpayer, may be considered.’’. SEC. lll. REPEAL OF FEDERAL UNEMPLOY- ‘‘(B) the taxpayer’s spouse, MENT SURTAX. ‘‘(C) the taxpayer’s dependents, SA 134. Mr. COBURN submitted an (a) IN GENERAL.—Section 3301 (relating to ‘‘(D) any individual— amendment intended to be proposed by rate of Federal unemployment tax) is amended by striking ‘‘or’’ at the end of para- ‘‘(i) who was not the spouse, determined him to the bill H.R. 2, to amend the without regard to section 7703, of the tax- graph (1), by redesignating paragraph (2) as payer at any time during the taxable year of Fair Labor Standards Act of 1938 to paragraph (3), and by inserting after para- the taxpayer, provide for an increase in the Federal graph (1) the following new paragraph: ‘‘(ii) who— minimum wage; which was ordered to ‘‘(2) in the case of wages paid in calendar ‘‘(I) has not attained the age of 19 as of the lie on the table; as follows: year 2007— close of the calendar year in which the tax- At the appropriate place, insert the fol- ‘‘(A) 6.2 percent in the case of wages for able year of the taxpayer begins, or lowing: any portion of the year ending before April 1, ‘‘(II) is a student who has not attained the SEC. ll. STATE MINIMUM WAGE. and age of 24 as of the close of such calendar Section 6 of the Fair Labor Standards Act ‘‘(B) 6.0 percent in the case of wages for year, of 1938 (29 U.S.C. 206) is amended by adding at any portion of the year beginning after ‘‘(iii) who, for the taxable year of the tax- the end the following: March 31; or’’. payer, has the same principal place of abode ‘‘(h)(1) An employer in a State that adopts (b) CONFORMING AMENDMENT.—Section as the taxpayer and is a member of the tax- a minimum wage law that conforms to the 3301(1) of such Code is amended by striking payer’s household, and requirements of paragraph (2) shall not be re- ‘‘2007’’ and inserting ‘‘2006’’. ‘‘(iv) with respect to whom the taxpayer quired to pay the employer’s employees at (c) EFFECTIVE DATE.—The amendments provides over one-half of the individual’s the minimum wage prescribed by subsection made by this section shall apply to wages support for the calendar year in which the (a)(1). paid after December 31, 2006. taxpayer’s taxable year begins, and ‘‘(2) Paragraph (1) shall apply in a State ‘‘(E) an individual— that adopts a minimum wage law that— SA 137. Mr. CORNYN submitted an ‘‘(i) who is designated by the taxpayer for ‘‘(A) sets a rate that is not less than $5.15 amendment intended to be proposed by purposes of this paragraph, an hour; and him to the bill H.R. 2, to amend the

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S940 CONGRESSIONAL RECORD — SENATE January 23, 2007 Fair Labor Standards Act of 1938 to Act of 1938 to provide for an increase in At the appropriate place, insert the fol- provide for an increase in the Federal the Federal minimum wage; which was lowing: minimum wage; which was ordered to ordered to lie on the table; as follows: SEC. ll. REPEAL OF EGTRRA AND JGTRRA SUN- lie on the table; as follows: At the appropriate place, insert the fol- SETS. lowing: (a) EGTRRA.—The Economic Growth and At the appropriate place, insert the fol- Tax Relief Reconciliation Act of 2001 is lowing: SEC. ll. EMPLOYER-PROVIDED OFF-PREMISES HEALTH CLUB SERVICES. amended by striking title IX. SEC. ll. EMPLOYER-PROVIDED OFF-PREMISES (b) JGTRRA.—Title III of the Jobs and HEALTH CLUB SERVICES. (a) TREATMENT AS FRINGE BENEFIT.—Sub- paragraph (A) of section 132(j)(4) of the Inter- Growth Tax Relief Reconciliation Act of 2003 (a) TREATMENT AS FRINGE BENEFIT.—Sub- nal Revenue Code of 1986 (relating to on- is amended by striking section 303. paragraph (A) of section 132(j)(4) of the Inter- premises gyms and other athletic facilities) nal Revenue Code of 1986 (relating to on- is amended to read as follows: SA 140. Mr. CORNYN submitted an premises gyms and other athletic facilities) ‘‘(A) IN GENERAL.—Gross income shall not amendment intended to be proposed to is amended to read as follows: include— amendment SA 100 proposed by Mr. ‘‘(A) IN GENERAL.—Gross income shall not ‘‘(i) the value of any on-premises athletic include— REID (for Mr. BAUCUS) to the bill H.R. facility provided by an employer to its em- ‘‘(i) the value of any on-premises athletic 2, to amend the Fair Labor Standards ployees, and facility provided by an employer to its em- Act of 1938 to provide for an increase in ‘‘(ii) in the case of any taxable year begin- ployees, and the Federal minimum wage; which was ning in 2007, so much of the fees, dues, or ‘‘(ii) in the case of any taxable year begin- membership expenses paid by an employer to ordered to lie on the table; as follows: ning in 2007, so much of the fees, dues, or an athletic or fitness facility described in At the appropriate place, insert the fol- membership expenses paid by an employer to subparagraph (C) on behalf of its employees lowing: an athletic or fitness facility described in as does not exceed $900 per employee per SEC. ll. REPEAL OF EGTRRA AND JGTRRA SUN- subparagraph (C) on behalf of its employees year.’’. SETS. as does not exceed $900 per employee per (b) ATHLETIC FACILITIES DESCRIBED.—Para- (a) EGTRRA.—The Economic Growth and year.’’. graph (4) of section 132(j) of the Internal Rev- Tax Relief Reconciliation Act of 2001 is (b) ATHLETIC FACILITIES DESCRIBED.—Para- enue Code of 1986 (relating to special rules) is amended by striking title IX. graph (4) of section 132(j) of the Internal Rev- amended by adding at the end the following (b) JGTRRA.—Title III of the Jobs and enue Code of 1986 (relating to special rules) is new subparagraph: Growth Tax Relief Reconciliation Act of 2003 amended by adding at the end the following ‘‘(C) CERTAIN ATHLETIC OR FITNESS FACILI- is amended by striking section 303. new subparagraph: TIES DESCRIBED.—For purposes of subpara- ‘‘(C) CERTAIN ATHLETIC OR FITNESS FACILI- graph (A)(ii), an athletic or fitness facility SA 141. Mr. SESSIONS submitted an TIES DESCRIBED.—For purposes of subpara- described in this subparagraph is a facility— amendment intended to be proposed by graph (A)(ii), an athletic or fitness facility ‘‘(i) which provides instruction in a pro- described in this subparagraph is a facility— him to the bill H.R. 2, to amend the gram of physical exercise, offers facilities for Fair Labor Standards Act of 1938 to ‘‘(i) which provides instruction in a pro- the preservation, maintenance, encourage- gram of physical exercise, offers facilities for ment, or development of physical fitness, or provide for an increase in the Federal the preservation, maintenance, encourage- is the site of such a program of a State or minimum wage; which was ordered to ment, or development of physical fitness, or local government, lie on the table; as follows: is the site of such a program of a State or ‘‘(ii) which is not a private club owned and At the appropriate place, insert the fol- local government, operated by its members, lowing: ‘‘(ii) which is not a private club owned and ‘‘(iii) which does not offer golf, hunting, operated by its members, SEC. ll. RESPONSIBLE EMPLOYER REQUIRE- sailing, or riding facilities, MENTS. ‘‘(iii) which does not offer golf, hunting, ‘‘(iv) whose health or fitness facility is not (a) PENALTIES FOR UNLAWFUL EMPLOYMENT sailing, or riding facilities, incidental to its overall function and pur- OF ALIENS.—Section 274A of the Immigration ‘‘(iv) whose health or fitness facility is not pose, and and Nationality Act (8 U.S.C. 1324a) is incidental to its overall function and pur- ‘‘(v) which is fully compliant with the amended— pose, and State of jurisdiction and Federal anti-dis- (1) in subsection (e)(4)— ‘‘(v) which is fully compliant with the crimination laws.’’. (A) in subparagraph (A)(i), by striking ‘‘not State of jurisdiction and Federal anti-dis- (c) EXCLUSION APPLIES TO HIGHLY COM- less than $250 and not more than $2,000’’ and crimination laws.’’. PENSATED EMPLOYEES ONLY IF NO DISCRIMI- inserting ‘‘not less than $5000 and not more (c) EXCLUSION APPLIES TO HIGHLY COM- NATION.—Section 132(j)(1) of the Internal than $7,500’’; PENSATED EMPLOYEES ONLY IF NO DISCRIMI- Revenue Code of 1986 is amended— (B) in subparagraph (A)(ii), by striking NATION.—Section 132(j)(1) of the Internal (1) by striking ‘‘Paragraphs (1) and (2) of ‘‘not less than $2,000 and not more than Revenue Code of 1986 is amended— subsection (a)’’ and inserting ‘‘Subsections $5,000’’ and inserting ‘‘not less than $10,000 (1) by striking ‘‘Paragraphs (1) and (2) of (a)(1), (a)(2), and (j)(4)’’, and and not more than $15,000’’; and subsection (a)’’ and inserting ‘‘Subsections (2) by striking the heading thereof through (C) in subparagraph (A)(iii), by striking (a)(1), (a)(2), and (j)(4)’’, and ‘‘(2) APPLY’’ and inserting ‘‘CERTAIN EXCLU- ‘‘not less than $3,000 and not more than (2) by striking the heading thereof through SIONS APPLY’’. $10,000’’ and inserting ‘‘not less than $25,000 ‘‘(2) APPLY’’ and inserting ‘‘CERTAIN EXCLU- (d) EMPLOYER DEDUCTION FOR DUES TO CER- and not more than $40,00’’; SIONS APPLY’’. TAIN ATHLETIC FACILITIES.— (2) in subsection (e)(5)— (d) EMPLOYER DEDUCTION FOR DUES TO CER- (1) IN GENERAL.—Paragraph (3) of section (A) by inserting ‘‘, subject to paragraph TAIN ATHLETIC FACILITIES.— 274(a) of the Internal Revenue Code of 1986 (10),’’ after ‘‘in an amount’’; (1) IN GENERAL.—Paragraph (3) of section (relating to denial of deduction for club (B) by striking ‘‘$100 and not more than 274(a) of the Internal Revenue Code of 1986 dues) is amended by adding at the end the $1,000’’ and inserting ‘‘$1,000 and not more (relating to denial of deduction for club following new sentence: ‘‘The preceding sen- than $25,000’’; and dues) is amended by adding at the end the tence shall not apply to so much of the fees, (C) by adding at the end the following sen- following new sentence: ‘‘The preceding sen- dues, or membership expenses paid in any tence: ‘‘Providing information to the basic tence shall not apply to so much of the fees, taxable year beginning in 2007 to athletic or pilot program described in section 403(a) of dues, or membership expenses paid in any fitness facilities (within the meaning of sec- the Illegal Immigration Reform and Immi- taxable year beginning in 2007 to athletic or tion 132(j)(4)(C)) as does not exceed $900 per grant Responsibility Act of 1996 (8 U.S.C. fitness facilities (within the meaning of sec- employee per year.’’. 1324a note) that the person or entity knows tion 132(j)(4)(C)) as does not exceed $900 per (2) CONFORMING AMENDMENT.—The last sen- or reasonably believes to be false, shall be employee per year.’’. tence of section 274(e)(4) of such Code is treated as a violation of subsection (a)(1)(A) (2) CONFORMING AMENDMENT.—The last sen- amended by inserting ‘‘the first sentence of’’ and shall not qualify for the exemption pro- tence of section 274(e)(4) of such Code is before ‘‘subsection (a)(3)’’. vided by (e)(10).’’; amended by inserting ‘‘the first sentence of’’ (e) EFFECTIVE DATE.—The amendments (3) by adding at the end of subsection (e) before ‘‘subsection (a)(3)’’. made by this section shall apply to taxable the following new paragraph: (e) EFFECTIVE DATE.—The amendments years beginning after December 31, 2006. ‘‘(10) EXEMPTION FROM PENALTY FOR EM- made by this section shall apply to taxable PLOYERS PARTICIPATING IN THE BASIC PILOT years beginning after December 31, 2006. SA 139. Mr. CORNYN submitted an amendment intended to be proposed by PROGRAM.—In the case of imposition of a Mr. CORNYN submitted an civil penalty under paragraph (4)(A) with re- SA 138. him to the bill H.R. 2, to amend the spect to a violation of subsection (a)(1)(A) or amendment intended to be proposed to Fair Labor Standards Act of 1938 to (a)(2) for hiring or continuation of employ- amendment SA 100 proposed by Mr. provide for an increase in the Federal ment by an employer and in the case of im- REID (for Mr. BAUCUS) to the bill H.R. minimum wage; which was ordered to position of a civil penalty under paragraph 2, to amend the Fair Labor Standards lie on the table; as follows: (5) for a violation of subsection (a)(1)(B) for

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hiring or recruitment or referral by a person (c) EXTENSION OF THE BASIC PILOT PRO- ment with the employer, the Administrator or entity, the penalty otherwise imposed GRAM.—Section 403(a) of the Illegal Immigra- of General Services, in consultation with the shall be waived if the violator establishes tion Reform and Immigrant Responsibility Secretary of Homeland Security and the At- that it was voluntarily participating in the Act of 1996 (8 U.S.C. 1324a note) is amended torney General, may waive operation of basic pilot electronic verification program at by adding at the end the following new para- clause (i) or may limit the duration or scope the time of the offense.’’; graph: of the debarment under clause (i) if such (4) by amending paragraph (1) of subsection ‘‘(5) INDIVIDUALS COVERED.—Notwith- waiver or limitation is necessary to the na- (f) to read as follows: standing any other provision of this title, a tional defense or in the interest of national ‘‘(1) CRIMINAL PENALTY.—Any person or en- person or other entity that elects to partici- security. tity which engages in a pattern or practice pate in the basic pilot program shall follow ‘‘(II) NOTIFICATION TO CONGRESS.—If the Ad- of violations of paragraph (1) or (2) of sub- the procedures described in paragraphs (1) ministrator grants a waiver or limitation de- section (a) shall be fined not less than $3,000 thorough (4) for each individual who the per- scribed in subclause (I), the Administrator and more than $50,000 for each unauthorized son or entity hires (or recruits or refers) for shall submit to each member of the Com- alien with respect to which such a violation employment and for each individual who is mittee on the Judiciary of the Senate and of occurs, imprisoned for not less than one employed by the person or entity.’’. the Committee on the Judiciary of the House year, or both, notwithstanding the provi- SEC. ll. RESPONSIBLE GOVERNMENT CON- of Representatives immediate notice of such sions of any other Federal law relating to TRACTOR REQUIREMENTS. waiver or limitation. fine levels.’’; and Section 274A(e) of the Immigration and Na- ‘‘(III) PROHIBITION ON JUDICIAL REVIEW.— (5) in subsection (f)(2), by striking ‘‘Attor- tionality Act (8 U.S.C. 1324a(e)) is amended The decision of whether to debar or take al- ney General’’ each place it appears and in- by adding at the end the following new para- ternate action under this clause shall not be serting ‘‘Secretary of Homeland Security’’. graph: judicially reviewed. ‘‘(10) PROHIBITION ON AWARD OF GOVERN- (b) RETENTION AND USE OF EMPLOYMENT ‘‘(C) EXEMPTION FROM PENALTY FOR EM- ELIGIBILITY VERIFICATION DOCUMENTS.— MENT CONTRACTS, GRANTS, AND AGREE- PLOYERS PARTICIPATING IN THE BASIC PILOT (1) RETENTION.—Section 274A(b) of the Im- MENTS.— PROGRAM.—In the case of imposition on an ‘‘(A) EMPLOYERS WITH NO CONTRACTS, migration and Nationality Act (8 U.S.C. employer of a debarment from the receipt of GRANTS, OR AGREEMENTS.— 1324a(b)) is amended by striking paragraph a Federal contract, grant, or cooperative ‘‘(i) IN GENERAL.—Subject to clause (iii) (4) and inserting the following: agreement under subparagraph (A) or (B), and subparagraph (C), if an employer who ‘‘(4) COPYING AND RETENTION OF DOCUMENTA- that penalty shall be waived if the employer TION.— does not hold a Federal contract, grant, or establishes that the employer was volun- ‘‘(A) IN GENERAL.—A person or entity re- cooperative agreement is determined to have tarily participating in the basic pilot pro- quired to examine a document described in violated this section, the employer shall be gram under section 403(a) of the Illegal Im- subparagraph (B), (C), or (D) of paragraph (1) debarred from the receipt of a Federal con- migration Reform and Immigrant Responsi- or receive an attestation described in para- tract, grant, or cooperative agreement for a bility Act of 1996 (8 U.S.C. 1324a note) at the graph (2) shall retain a paper, microfiche, period of 7 years. time of the violations of this section that re- microfilm, or electronic version of each such ‘‘(ii) PLACEMENT ON EXCLUDED LIST.—The sulted in the debarment.’’. document and attestation, indicate that Secretary of Homeland Security or the At- each such version is a copied document, and torney General shall advise the Adminis- make such versions available for inspection trator of General Services of the debarment SA 142. Mr. SESSIONS submitted an by an officer of the Department of Homeland of an employer under clause (i) and the Ad- amendment intended to be proposed to Security or any other person designated by ministrator of General Services shall list the amendment SA 100 proposed by Mr. the Secretary, the Special Counsel for Immi- employer on the List of Parties Excluded REID (for Mr. BAUCUS) to the bill H.R. gration-Related Unfair Employment Prac- from Federal Procurement and Nonprocure- 2, to amend the Fair Labor Standards tices of the Department of Justice, or the ment Programs for a period of 7 years. Act of 1938 to provide for an increase in Secretary of Labor during the period begin- ‘‘(iii) WAIVER.— the Federal minimum wage; which was ning on the date of the hiring, or recruiting ‘‘(I) AUTHORITY.—The Administrator of or referring for a fee, of the individual and General Services, in consultation with the ordered to lie on the table; as follows: ending— Secretary of Homeland Security and the At- At the appropriate place, insert the fol- ‘‘(i) in the case of the recruiting or referral torney General, may waive operation of lowing: for a fee (without hiring) of an individual, 5 clause (i) or may limit the duration or scope SEC. ll. RESPONSIBLE EMPLOYER REQUIRE- years after the date of the recruiting or re- of a debarment under clause (i) if such waiv- MENTS. ferral; or er or limitation is necessary to national de- (a) PENALTIES FOR UNLAWFUL EMPLOYMENT ‘‘(ii) in the case of the hiring of an indi- fense or in the interest of national security. OF ALIENS.—Section 274A of the Immigration vidual the later of— ‘‘(II) NOTIFICATION TO CONGRESS.—If the Ad- and Nationality Act (8 U.S.C. 1324a) is ‘‘(I) 5 years after the date of such hiring; or ministrator grants a waiver or limitation de- amended— ‘‘(II) 1 year after the date the individual’s scribed in subclause (I), the Administrator (1) in subsection (e)(4)— employment is terminated. shall submit to each member of the Com- (A) in subparagraph (A)(i), by striking ‘‘not ‘‘(B) OTHER RECORDS.—Such person or enti- mittee on the Judiciary of the Senate and of less than $250 and not more than $2,000’’ and ty shall maintain records of any action the Committee on the Judiciary of the House inserting ‘‘not less than $5000 and not more taken and copies of any correspondence writ- of Representatives immediate notice of such than $7,500’’; ten or received with respect to the waiver or limitation. (B) in subparagraph (A)(ii), by striking verification of an individual’s identity or eli- ‘‘(III) PROHIBITION ON JUDICIAL REVIEW.— ‘‘not less than $2,000 and not more than gibility for employment in the United The decision of whether to debar or take al- $5,000’’ and inserting ‘‘not less than $10,000 States.’’. ternative action under this clause shall not and not more than $15,000’’; and (2) LIMITATION ON USE OF RETAINED DOCU- be judicially reviewed. (C) in subparagraph (A)(iii), by striking MENTS.—Paragraph (5) of section 274A(b) of ‘‘(B) EMPLOYERS WITH CONTRACTS, GRANTS, ‘‘not less than $3,000 and not more than the Immigration and Nationality Act (8 OR AGREEMENTS.— $10,000’’ and inserting ‘‘not less than $25,000 U.S.C. 1324a(b)) is amended— ‘‘(i) IN GENERAL.—Subject to clause (iii) and not more than $40,00’’; (A) in the heading, by striking ‘‘LIMITATION and subclause (C), an employer who holds a (2) in subsection (e)(5)— ON USE OF ATTESTATION FORM’’ and inserting Federal contract, grant, or cooperative (A) by inserting ‘‘, subject to paragraph ‘‘ATTESTATION FORM’’; agreement and is determined to have vio- (10),’’ after ‘‘in an amount’’; (B) by redesignating such paragraph (5) as lated this section shall be debarred from the (B) by striking ‘‘$100 and not more than subparagraph (A); receipt of new Federal contracts, grants, or $1,000’’ and inserting ‘‘$1,000 and not more (C) by indenting such subparagraph, as so cooperative agreements for a period of 10 than $25,000’’; and designated, six ems from the left margin; years. (C) by adding at the end the following sen- (D) by inserting before such subparagraph, ‘‘(ii) NOTICE TO AGENCIES.—Prior to debar- tence: ‘‘Providing information to the basic as so designated, the following: ring the employer under clause (i), the Sec- pilot program described in section 403(a) of ‘‘(5) LIMITATION ON USE.—’’; and retary of Homeland Security, in cooperation the Illegal Immigration Reform and Immi- (E) by inserting after such subparagraph, with the Administrator of General Services, grant Responsibility Act of 1996 (8 U.S.C. as so designated, the following new subpara- shall advise any agency or department hold- 1324a note) that the person or entity knows graph: ing a contract, grant, or cooperative agree- or reasonably believes to be false, shall be ‘‘(B) RETAINED DOCUMENTS.—A person or ment with the employer of the Government’s treated as a violation of subsection (a)(1)(A) entity required to retain versions of docu- intention to debar the employer from the re- and shall not qualify for the exemption pro- ments or attestations or maintain records ceipt of new Federal contracts, grants, or co- vided by (e)(10).’’; under paragraph (4) shall use any such operative agreements for a period of 10 years. (3) by adding at the end of subsection (e) version, attestation, or record only for the ‘‘(iii) WAIVER.— the following new paragraph: purposes of complying with the requirements ‘‘(I) AUTHORITY.—After consideration of ‘‘(10) EXEMPTION FROM PENALTY FOR EM- of this subsection, except as otherwise per- the views of any agency or department that PLOYERS PARTICIPATING IN THE BASIC PILOT mitted under law.’’. holds a contract, grant, or cooperative agree- PROGRAM.—In the case of imposition of a

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S942 CONGRESSIONAL RECORD — SENATE January 23, 2007 civil penalty under paragraph (4)(A) with re- ments or attestations or maintain records ceipt of new Federal contracts, grants, or co- spect to a violation of subsection (a)(1)(A) or under paragraph (4) shall use any such operative agreements for a period of 10 years. (a)(2) for hiring or continuation of employ- version, attestation, or record only for the ‘‘(iii) WAIVER.— ment by an employer and in the case of im- purposes of complying with the requirements ‘‘(I) AUTHORITY.—After consideration of position of a civil penalty under paragraph of this subsection, except as otherwise per- the views of any agency or department that (5) for a violation of subsection (a)(1)(B) for mitted under law.’’. holds a contract, grant, or cooperative agree- hiring or recruitment or referral by a person (c) EXTENSION OF THE BASIC PILOT PRO- ment with the employer, the Administrator or entity, the penalty otherwise imposed GRAM.—Section 403(a) of the Illegal Immigra- of General Services, in consultation with the shall be waived if the violator establishes tion Reform and Immigrant Responsibility Secretary of Homeland Security and the At- that it was voluntarily participating in the Act of 1996 (8 U.S.C. 1324a note) is amended torney General, may waive operation of basic pilot electronic verification program at by adding at the end the following new para- clause (i) or may limit the duration or scope the time of the offense.’’; graph: of the debarment under clause (i) if such (4) by amending paragraph (1) of subsection ‘‘(5) INDIVIDUALS COVERED.—Notwith- waiver or limitation is necessary to the na- (f) to read as follows: standing any other provision of this title, a tional defense or in the interest of national ‘‘(1) CRIMINAL PENALTY.—Any person or en- person or other entity that elects to partici- security. tity which engages in a pattern or practice pate in the basic pilot program shall follow ‘‘(II) NOTIFICATION TO CONGRESS.—If the Ad- of violations of paragraph (1) or (2) of sub- the procedures described in paragraphs (1) ministrator grants a waiver or limitation de- section (a) shall be fined not less than $3,000 thorough (4) for each individual who the per- scribed in subclause (I), the Administrator and more than $50,000 for each unauthorized son or entity hires (or recruits or refers) for shall submit to each member of the Com- alien with respect to which such a violation employment and for each individual who is mittee on the Judiciary of the Senate and of occurs, imprisoned for not less than one employed by the person or entity.’’. the Committee on the Judiciary of the House year, or both, notwithstanding the provi- SEC. ll. RESPONSIBLE GOVERNMENT CON- of Representatives immediate notice of such sions of any other Federal law relating to TRACTOR REQUIREMENTS. waiver or limitation. fine levels.’’; and Section 274A(e) of the Immigration and Na- ‘‘(III) PROHIBITION ON JUDICIAL REVIEW.— (5) in subsection (f)(2), by striking ‘‘Attor- tionality Act (8 U.S.C. 1324a(e)) is amended The decision of whether to debar or take al- ney General’’ each place it appears and in- by adding at the end the following new para- ternate action under this clause shall not be serting ‘‘Secretary of Homeland Security’’. graph: judicially reviewed. (b) RETENTION AND USE OF EMPLOYMENT ‘‘(10) PROHIBITION ON AWARD OF GOVERN- ‘‘(C) EXEMPTION FROM PENALTY FOR EM- ELIGIBILITY VERIFICATION DOCUMENTS.— MENT CONTRACTS, GRANTS, AND AGREE- PLOYERS PARTICIPATING IN THE BASIC PILOT (1) RETENTION.—Section 274A(b) of the Im- MENTS.— PROGRAM.—In the case of imposition on an migration and Nationality Act (8 U.S.C. ‘‘(A) EMPLOYERS WITH NO CONTRACTS, employer of a debarment from the receipt of 1324a(b)) is amended by striking paragraph GRANTS, OR AGREEMENTS.— a Federal contract, grant, or cooperative (4) and inserting the following: ‘‘(i) IN GENERAL.—Subject to clause (iii) agreement under subparagraph (A) or (B), ‘‘(4) COPYING AND RETENTION OF DOCUMENTA- and subparagraph (C), if an employer who that penalty shall be waived if the employer TION.— does not hold a Federal contract, grant, or establishes that the employer was volun- ‘‘(A) IN GENERAL.—A person or entity re- cooperative agreement is determined to have tarily participating in the basic pilot pro- quired to examine a document described in violated this section, the employer shall be gram under section 403(a) of the Illegal Im- subparagraph (B), (C), or (D) of paragraph (1) debarred from the receipt of a Federal con- migration Reform and Immigrant Responsi- or receive an attestation described in para- tract, grant, or cooperative agreement for a bility Act of 1996 (8 U.S.C. 1324a note) at the graph (2) shall retain a paper, microfiche, period of 7 years. time of the violations of this section that re- microfilm, or electronic version of each such ‘‘(ii) PLACEMENT ON EXCLUDED LIST.—The sulted in the debarment.’’. document and attestation, indicate that Secretary of Homeland Security or the At- each such version is a copied document, and torney General shall advise the Adminis- SA 143. Mr. SESSIONS submitted an make such versions available for inspection trator of General Services of the debarment amendment intended to be proposed by by an officer of the Department of Homeland of an employer under clause (i) and the Ad- him to the bill H.R. 2, to amend the Security or any other person designated by ministrator of General Services shall list the Fair Labor Standards Act of 1938 to the Secretary, the Special Counsel for Immi- employer on the List of Parties Excluded provide for an increase in the Federal gration-Related Unfair Employment Prac- from Federal Procurement and Nonprocure- tices of the Department of Justice, or the ment Programs for a period of 7 years. minimum wage; which was ordered to Secretary of Labor during the period begin- ‘‘(iii) WAIVER.— lie on the table; as follows: ning on the date of the hiring, or recruiting ‘‘(I) AUTHORITY.—The Administrator of At the end, add the following: or referring for a fee, of the individual and General Services, in consultation with the TITLE II—UNLAWFUL EMPLOYMENT OF ending— Secretary of Homeland Security and the At- ALIENS ‘‘(i) in the case of the recruiting or referral torney General, may waive operation of SEC. 201. UNLAWFUL EMPLOYMENT OF ALIENS. for a fee (without hiring) of an individual, 5 clause (i) or may limit the duration or scope (a) IN GENERAL.—Section 274A of the Immi- years after the date of the recruiting or re- of a debarment under clause (i) if such waiv- gration and Nationality Act (8 U.S.C. 1324a) ferral; or er or limitation is necessary to national de- is amended to read as follows: ‘‘(ii) in the case of the hiring of an indi- fense or in the interest of national security. ‘‘SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS. vidual the later of— ‘‘(II) NOTIFICATION TO CONGRESS.—If the Ad- ‘‘(a) MAKING EMPLOYMENT OF UNAUTHOR- ‘‘(I) 5 years after the date of such hiring; or ministrator grants a waiver or limitation de- IZED ALIENS UNLAWFUL.— ‘‘(II) 1 year after the date the individual’s scribed in subclause (I), the Administrator ‘‘(1) IN GENERAL.—It is unlawful for an em- employment is terminated. shall submit to each member of the Com- ployer— ‘‘(B) OTHER RECORDS.—Such person or enti- mittee on the Judiciary of the Senate and of ‘‘(A) to hire, or to recruit or refer for a fee, ty shall maintain records of any action the Committee on the Judiciary of the House an alien for employment in the United taken and copies of any correspondence writ- of Representatives immediate notice of such States knowing, or with reckless disregard, ten or received with respect to the waiver or limitation. that the alien is an unauthorized alien with verification of an individual’s identity or eli- ‘‘(III) PROHIBITION ON JUDICIAL REVIEW.— respect to such employment; or gibility for employment in the United The decision of whether to debar or take al- ‘‘(B) to hire, or to recruit or refer for a fee, States.’’. ternative action under this clause shall not for employment in the United States an indi- (2) LIMITATION ON USE OF RETAINED DOCU- be judicially reviewed. vidual unless such employer meets the re- MENTS.—Paragraph (5) of section 274A(b) of ‘‘(B) EMPLOYERS WITH CONTRACTS, GRANTS, quirements of subsections (c) and (d). the Immigration and Nationality Act (8 OR AGREEMENTS.— ‘‘(2) CONTINUING EMPLOYMENT.—It is unlaw- U.S.C. 1324a(b)) is amended— ‘‘(i) IN GENERAL.—Subject to clause (iii) ful for an employer, after lawfully hiring an (A) in the heading, by striking ‘‘LIMITATION and subclause (C), an employer who holds a alien for employment, to continue to employ ON USE OF ATTESTATION FORM’’ and inserting Federal contract, grant, or cooperative the alien in the United States knowing that ‘‘ATTESTATION FORM’’; agreement and is determined to have vio- the alien is (or has become) an unauthorized (B) by redesignating such paragraph (5) as lated this section shall be debarred from the alien with respect to such employment. subparagraph (A); receipt of new Federal contracts, grants, or ‘‘(3) USE OF LABOR THROUGH CONTRACT.— (C) by indenting such subparagraph, as so cooperative agreements for a period of 10 ‘‘(A) IN GENERAL.—An employer who uses a designated, six ems from the left margin; years. contract, subcontract, or exchange to obtain (D) by inserting before such subparagraph, ‘‘(ii) NOTICE TO AGENCIES.—Prior to debar- the labor of an alien in the United States as so designated, the following: ring the employer under clause (i), the Sec- knowing, or with reckless disregard— ‘‘(5) LIMITATION ON USE.—’’; and retary of Homeland Security, in cooperation ‘‘(i) that the alien is an unauthorized alien (E) by inserting after such subparagraph, with the Administrator of General Services, with respect to performing such labor, shall as so designated, the following new subpara- shall advise any agency or department hold- be considered to have hired the alien in vio- graph: ing a contract, grant, or cooperative agree- lation of paragraph (1)(A); or ‘‘(B) RETAINED DOCUMENTS.—A person or ment with the employer of the Government’s ‘‘(ii) that the person hiring such alien entity required to retain versions of docu- intention to debar the employer from the re- failed to comply with the requirements of

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S943 subsections (c) and (d) shall be considered to prescribed by the Secretary, that the em- described in paragraph (1)(A)(i), that the in- have hired the alien in violation of para- ployer has verified the identity and eligi- dividual is a national of the United States, graph (1)(B). bility for employment of the individual by an alien lawfully admitted for permanent ‘‘(B) INFORMATION SHARING.—The person examining a document described in subpara- residence, or an alien who is authorized hiring the alien shall provide to the em- graph (B). under this Act or by the Secretary to be ployer, who obtains the labor of the alien, ‘‘(ii) SIGNATURE REQUIREMENTS.—An attes- hired, or to be recruited or referred for a fee, the employer identification number assigned tation required by clause (i) may be mani- in the United States. to such person by the Commissioner of Inter- fested by a handwritten or electronic signa- ‘‘(ii) SIGNATURE FOR EXAMINATION.—An at- nal Revenue. Failure to provide such number ture. testation required by clause (i) may be mani- shall be considered a recordkeeping violation ‘‘(iii) STANDARDS FOR EXAMINATION.—The fested by a handwritten or electronic signa- under subsection (e)(4)(B). employer has complied with the requirement ture. ‘‘(C) REPORTING REQUIREMENT.—The em- of this paragraph with respect to examina- ‘‘(B) PENALTIES.—An individual who falsely ployer shall submit to the Electronic Verifi- tion of documentation if a reasonable person represents that the individual is eligible for cation System established under subsection would conclude that the document examined employment in the United States in an at- (d), in a manner prescribed by the Secretary, is genuine and relates to the individual testation required by subparagraph (A) shall, the employer identification number provided whose identity and eligibility for employ- for each such violation, be subject to a fine by the person hiring the alien. Failure to ment in the United States is being verified. of not more than $5,000, a term of imprison- submit such number shall be considered a If the individual provides a document suffi- ment not to exceed 3 years, or both. recordkeeping violation under subsection cient to meet the requirements of this para- ‘‘(3) RETENTION OF ATTESTATION.—The em- (e)(4)(B). graph, nothing in this paragraph shall be ployer shall retain a paper, microfiche, ‘‘(D) ENFORCEMENT.—The Secretary shall construed as requiring an employer to solicit microfilm, or electronic version of the attes- implement procedures to utilize the informa- any other document or as requiring the indi- tations made under paragraph (1) and (2) and tion obtained under subparagraphs (B) and vidual to produce any other document. make such attestations available for inspec- (C) to identify employers who use a contract, ‘‘(B) IDENTIFICATION DOCUMENTS.—A docu- tion by an officer of the Department of subcontract, or exchange to obtain the labor ment described in this subparagraph is— Homeland Security, any other person des- of an alien from another person, where such ‘‘(i) in the case of an individual who is a ignated by the Secretary, the Special Coun- person hiring such alien fails to comply with national of the United States— sel for Immigration-Related Unfair Employ- the requirements of subsections (c) and (d). ‘‘(I) a United States passport; or ment Practices of the Department of Justice, ‘‘(4) DEFENSE.— ‘‘(II) a driver’s license or identity card or the Secretary of Labor during a period be- ‘‘(A) IN GENERAL.—Subject to subparagraph issued by a State, the Commonwealth of the ginning on the date of the hiring, or recruit- (B), an employer that establishes that the Northern Mariana Islands, or an outlying ing or referring for a fee, of the individual employer has complied in good faith with the possession of the United States that satisfies and ending— requirements of subsections (c) and (d) has the requirements of division B of Public Law ‘‘(A) in the case of the recruiting or refer- established an affirmative defense that the 109–13 (119 Stat. 302); ral for a fee (without hiring) of an individual, employer has not violated paragraph (1)(A) ‘‘(ii) in the case of an alien lawfully admit- 5 years after the date of the recruiting or re- with respect to such hiring, recruiting, or re- ted for permanent residence in the United ferral; or ferral. States, a permanent resident card, as speci- ‘‘(B) in the case of the hiring of an indi- ‘‘(B) EXCEPTION.—Until the date that an fied by the Secretary; vidual the later of— employer is required to participate in the ‘‘(iii) in the case of an alien who is author- ‘‘(i) 5 years after the date of such hiring; Electronic Employment Verification System ized under this Act or by the Secretary to be ‘‘(ii) 1 year after the date the individual’s under subsection (d) or is participating in employed in the United States, an employ- employment is terminated; or such System on a voluntary basis, the em- ment authorization card, as specified by the ‘‘(iii) in the case of an employer or class of ployer may establish an affirmative defense Secretary that— employers, a period that is less than the ap- under subparagraph (A) by complying with ‘‘(I) contains a photograph of the indi- plicable period described in clause (i) or (ii) the requirements of subsection (c). vidual or other identifying information, in- if the Secretary reduces such period for such ‘‘(b) ORDER OF INTERNAL REVIEW AND CER- cluding name, date of birth, gender, and ad- employer or class of employers. TIFICATION OF COMPLIANCE.— dress; and ‘‘(4) DOCUMENT RETENTION AND RECORD- ‘‘(1) AUTHORITY TO REQUIRE CERTIFI- ‘‘(II) contains security features to make KEEPING REQUIREMENTS.— CATION.—If the Secretary has reasonable the document resistant to tampering, coun- ‘‘(A) RETENTION OF DOCUMENTS.—Notwith- cause to believe that an employer has failed terfeiting, and fraudulent use; standing any other provision of law, an em- to comply with this section, the Secretary is ‘‘(iv) in the case of an individual who is un- ployer shall retain, for the applicable period authorized, at any time, to require that the able to obtain a document described in described in paragraph (3), the following doc- employer certify that the employer is in clause (i), (ii), or (iii), a document designated uments: compliance with this section, or has insti- by the Secretary that— ‘‘(i) IN GENERAL.—The employer shall copy tuted a program to come into compliance. ‘‘(I) contains a photograph of the indi- all documents presented by an individual de- ‘‘(2) CONTENT OF CERTIFICATION.—Not later vidual or other identifying information, in- scribed in paragraph (1)(B) and shall retain than 60 days after the date an employer re- cluding name, date of birth, gender, and ad- paper, microfiche, microfilm, or electronic ceives a request for a certification under dress; and copies of such documents. Such copies shall paragraph (1) the employer shall certify ‘‘(II) contains security features to make be designated as copied documents. under penalty of perjury that— the document resistant to tampering, coun- ‘‘(ii) OTHER DOCUMENTS.—The employer ‘‘(A) the employer is in compliance with terfeiting, and fraudulent use; or shall maintain records of any action taken the requirements of subsections (c) and (d); ‘‘(v) until the date that an employer is re- and copies of any correspondence written or or quired to participate in the Electronic Em- received with respect to the verification of ‘‘(B) that the employer has instituted a ployment Verification System under sub- an individual’s identity or eligibility for em- program to come into compliance with such section (d) or is participating in such System ployment in the United States. requirements. on a voluntary basis, a document, or a com- ‘‘(B) USE OF RETAINED DOCUMENTS.—An em- ‘‘(3) EXTENSION.—The 60-day period referred bination of documents, of such type that, as ployer shall use copies retained under clause to in paragraph (2), may be extended by the of the date of the enactment of the Fair Min- (i) or (ii) of subparagraph (A) only for the Secretary for good cause, at the request of imum Wage Act of 2007, the Secretary had purposes of complying with the requirements the employer. established by regulation were sufficient for of this subsection, except as otherwise per- ‘‘(4) PUBLICATION.—The Secretary is au- purposes of this section. mitted under law. thorized to publish in the Federal Register ‘‘(C) AUTHORITY TO PROHIBIT USE OF CERTAIN ‘‘(5) PENALTIES.—An employer that fails to standards or methods for certification under DOCUMENTS.— comply with the recordkeeping requirements paragraph (1) and for specific recordkeeping ‘‘(i) AUTHORITY.—If the Secretary finds of this subsection shall be subject to the pen- practices with respect to such certification, that a document or class of documents de- alties described in subsection (e)(4)(B). and procedures for the audit of any records scribed in subparagraph (B) is not reliable to ‘‘(6) NO AUTHORIZATION OF NATIONAL IDENTI- related to such certification. establish identity or is being used fraudu- FICATION CARDS.—Nothing in this section ‘‘(c) DOCUMENT VERIFICATION REQUIRE- lently to an unacceptable degree, the Sec- may be construed to authorize, directly or MENTS.—An employer hiring, or recruiting or retary shall prohibit, or impose conditions, indirectly, the issuance, use, or establish- referring for a fee, an individual for employ- on the use of such document or class of docu- ment of a national identification card. ment in the United States shall verify that ments for purposes of this subsection. ‘‘(d) ELECTRONIC EMPLOYMENT the individual is eligible for such employ- ‘‘(ii) REQUIREMENT FOR PUBLICATION.—The VERIFICATION SYSTEM.— ment by meeting the following require- Secretary shall publish notice of any find- ‘‘(1) REQUIREMENT FOR SYSTEM.—The Sec- ments: ings under clause (i) in the Federal Register. retary, in cooperation with the Commis- ‘‘(1) ATTESTATION BY EMPLOYER.— ‘‘(2) ATTESTATION OF EMPLOYEE.— sioner of Social Security, shall implement ‘‘(A) REQUIREMENTS.— ‘‘(A) REQUIREMENTS.— an Electronic Employment Verification Sys- ‘‘(i) IN GENERAL.—The employer shall at- ‘‘(i) IN GENERAL.—The individual shall at- tem (referred to in this subsection as the test, under penalty of perjury and on a form test, under penalty of perjury on the form ‘System’) to determine whether—

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S944 CONGRESSIONAL RECORD — SENATE January 23, 2007 ‘‘(A) the identifying information submitted vidual for employment in the United States, (1)(A)(i), the appropriate code provided by an individual is consistent with the infor- obtain from the individual and record on the through the System to indicate the indi- mation maintained by the Secretary or the form described in subsection (c)(1)(A)(i)— vidual did not contest the tentative noncon- Commissioner of Social Security; and ‘‘(I) the individual’s name and date of birth firmation. An individual’s failure to contest ‘‘(B) such individual is eligible for employ- and, if the individual was born in the United a tentative nonconfirmation shall not be ment in the United States. States, the State in which such individual considered an admission of guilt with respect ‘‘(2) REQUIREMENT FOR PARTICIPATION.—The was born; to any violation of this Act or any other pro- Secretary shall require all employers in the ‘‘(II) the individual’s social security ac- vision of law. United States to participate in the System, count number; ‘‘(iv) CONTEST.—If the individual contests with respect to all employees hired by the ‘‘(III) the employment identification num- the tentative nonconfirmation notice, the in- employer on or after the date that is 18 ber of the individual’s employer during any dividual shall submit appropriate informa- months after the date that not less than one of the 5 most recently completed cal- tion to contest such notice under the proce- $400,000,000 have been appropriated and made endar years; and available to implement this subsection. ‘‘(IV) in the case of an individual who does dures established in subparagraph (E)(iii) not ‘‘(3) OTHER PARTICIPATION IN SYSTEM.—Not- not attest that the individual is a national of later than 10 days after receiving the notice withstanding paragraph (2), the Secretary the United States under subsection from the individual’s employer. has the authority— (c)(1)(A)(i), such alien identification or au- ‘‘(v) EFFECTIVE PERIOD OF TENTATIVE NON- ‘‘(A) to permit any employer that is not re- thorization number that the Secretary shall CONFIRMATION NOTICE.—A tentative noncon- quired to participate in the System under require. firmation notice shall remain in effect until paragraph (2) to participate in the System on ‘‘(ii) SUBMISSION TO SYSTEM.—A registered such notice becomes final under clause (iii), a voluntary basis; and employer shall submit an inquiry through or the earlier of— ‘‘(B) to require any employer or class of the System to seek confirmation of the indi- ‘‘(I) a final confirmation notice or final employers to participate on a priority basis vidual’s identity and eligibility for employ- nonconfirmation notice is issued through the in the System with respect to individuals ment in the United States— System; or employed as of, or hired after, the date of en- ‘‘(I) not later than 3 days after the date of ‘‘(II) 30 days after the individual contests a actment of the Fair Minimum Wage Act of the hiring, or recruiting or referring for a tentative nonconfirmation under clause (iv). 2007— fee, of the individual (as the case may be); or ‘‘(vi) AUTOMATIC FINAL NOTICE.— ‘‘(i) if the Secretary designates such em- ‘‘(II) in the case of an employee hired by a ‘‘(I) IN GENERAL.—If a final notice is not ployer or class of employers as a critical em- critical employer designated by the Sec- issued within the 30-day period described in ployer based on an assessment of homeland retary under paragraph (3)(B) at such time as clause (v)(II), the Secretary shall automati- security or national security needs; or the Secretary shall specify. cally provide to the employer, through the ‘‘(ii) if the Secretary has reasonable cause ‘‘(iii) EIN REQUIREMENTS.— System, the appropriate code indicating a to believe that the employer has engaged in ‘‘(I) REQUIREMENT TO PROVIDE.—An em- final notice. material violations of paragraph (1), (2), or ployer shall provide the employer identifica- ‘‘(II) PERIOD PRIOR TO INITIAL CERTIFI- (3) of subsection (a). tion number issued to such employer to the CATION.—During the period beginning on the EQUIREMENT TO NOTIFY.—The Sec- ‘‘(4) R individual, upon request, for purposes of pro- date of the enactment of the Fair Minimum retary shall notify the employer or class of viding the information under clause (i)(III). Wage Act of 2007 and ending on the date the employers in writing regarding the require- ‘‘(II) REQUIREMENT TO AFFIRMATIVELY Secretary submits the initial report de- ment for participation in the System under STATE A LACK OF RECENT EMPLOYMENT.—An scribed in subparagraph (E)(ii), an automatic paragraph (3)(B) not less than 60 days prior individual providing information under to the effective date of such requirement. clause (i)(III) who was not employed in the notice issued under subclause (I) shall be a Such notice shall include the training mate- United States during any of the 5 most re- final confirmation notice. rials described in paragraph (8)(E)(v). cently completed calendar years shall af- ‘‘(III) PERIOD AFTER INITIAL CERTIFI- ‘‘(5) REGISTRATION OF EMPLOYERS.—An em- firmatively state on the form described in CATION.—After the date that the Secretary ployer shall register the employer’s partici- subsection (c)(1)(A)(i) that no employer iden- submits the initial report described in sub- pation in the System in the manner pre- tification number is provided because the in- paragraph (E)(ii), an automatic notice issued scribed by the Secretary prior to the date dividual was not employed in the United under subclause (I) shall be a final confirma- the employer is required or permitted to sub- States during such period. tion notice unless the most recent such re- mit information with respect to an employee ‘‘(C) INITIAL RESPONSE.—Not later than 10 port includes a certification that the System under this subsection. days after an employer submits an inquiry to is able to correctly issue, within the period ‘‘(6) ADDITIONAL GUIDANCE.—A registered the System regarding an individual, the Sec- beginning on the date an employer submits employer shall be permitted to utilize any retary shall provide, through the System, to an inquiry to the System and ending on the technology that is consistent with this sec- the employer— date an automatic default notice would be tion and with any regulation or guidance ‘‘(i) if the System is able to confirm the in- issued by the System, a final notice in at from the Secretary to streamline the proce- dividual’s identity and eligibility for em- least 99 percent of the cases in which the no- dures to facilitate compliance with— ployment in the United States, a confirma- tice relates to an individual who is eligible ‘‘(A) the attestation requirement in sub- tion notice, including the appropriate codes for employment in the United States. If the section (c); and on such confirmation notice; or most recent such report includes such a cer- ‘‘(B) the employment eligibility ‘‘(ii) if the System is unable to confirm the tification, the automatic notice issued under verification requirements in this subsection. individual’s identity or eligibility for em- subclause (I) shall be a final nonconfirma- ‘‘(7) CONSEQUENCE OF FAILURE TO PARTICI- ployment in the United States, and after a tion notice. PATE.—If an employer is required to partici- secondary manual verification has been con- ‘‘(IV) ADDITIONAL AUTHORITY.—Notwith- pate in the System and fails to comply with ducted, a tentative nonconfirmation notice, standing the second sentence of subclause the requirements of the System with respect including the appropriate codes on such ten- (III), the Secretary shall have the authority to an employee— tative nonconfirmation notice. to issue a final confirmation notice for an in- ‘‘(A) such failure shall be treated as a vio- ‘‘(D) CONFIRMATION OR NONCONFIRMATION.— dividual who would be subject to a final non- lation of subsection (a)(1)(B); and ‘‘(i) CONFIRMATION UPON INITIAL INQUIRY.—If confirmation notice under such sentence. In ‘‘(B) a rebuttable presumption is created an employer receives a confirmation notice such a case, the Secretary shall determine that the employer has violated subsection under paragraph (C)(i) for an individual, the the individual’s eligibility for employment (a)(1)(A), however, such presumption may employer shall record, on the form described not apply to a prosecution under subsection in subsection (c)(1)(A)(i), the appropriate in the United States and record the results (f)(1). code provided in such notice. of such determination in the System within 12 months. ‘‘(8) DESIGN AND OPERATION OF SYSTEM.— ‘‘(ii) TENTATIVE NONCONFIRMATION.—If an ‘‘(A) IN GENERAL.—The Secretary shall, employer receives a tentative nonconfirma- ‘‘(vii) EFFECTIVE PERIOD OF FINAL NOTICE.— through the System— tion notice under paragraph (C)(ii) for an in- A final confirmation notice issued under this ‘‘(i) respond to each inquiry made by a reg- dividual, the employer shall inform such in- paragraph for an individual shall remain in istered employer through the Internet or dividual of the issuance of such notice in effect— other electronic media, or over a toll-free writing, on a form prescribed by the Sec- ‘‘(I) during any continuous period of em- telephone line regarding an individual’s retary not later than 3 days after receiving ployment of such individual by such em- identity and eligibility for employment in such notice. Such individual shall acknowl- ployer, unless the Secretary determines the the United States; and edge receipt of such notice in writing on the final confirmation was the result of identity ‘‘(ii) maintain a record of each such in- form described in subsection (c)(1)(A)(i). fraud; or quiry and the information provided in re- ‘‘(iii) NO CONTEST.—If the individual does ‘‘(II) in the case of an alien authorized to sponse to such inquiry. not contest the tentative nonconfirmation be employed in the United States for a tem- ‘‘(B) INITIAL INQUIRY.— notice within 10 days of receiving notice porary period, during such period. ‘‘(i) INFORMATION REQUIRED.—A registered from the individual’s employer, the notice ‘‘(viii) PROHIBITION ON TERMINATION.—An employer shall, with respect to the hiring, or shall become final and the employer shall employer may not terminate the employ- recruiting or referring for a fee, any indi- record on the form described in subsection ment of an individual based on a tentative

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S945 nonconfirmation notice until such notice be- ‘‘(III) contact information for the appro- (10), the individual may obtain judicial re- comes final under clause (iii) or a final non- priate agency and instructions for initiating view of such determination by a civil action confirmation notice is issued for the indi- such contest; and commenced not later than 60 days after the vidual by the System. Nothing in this clause ‘‘(IV) a 24-hour toll-free telephone number date of such decision, or such further time as shall prohibit the termination of employ- to respond to inquiries related to such no- the Secretary may allow. ment for any reason other than such ten- tice. ‘‘(B) JURISDICTION.—A civil action for such tative nonconfirmation. ‘‘(v) TRAINING MATERIALS.—The Secretary judicial review shall be brought in the dis- ‘‘(ix) RECORDING OF CONTEST RESOLUTION.— shall make available or provide to the em- trict court of the United States for the judi- The employer shall record on the form de- ployer, upon request, not later than 60 days cial district in which the plaintiff resides, or scribed in subsection (c)(1)(A)(i) the appro- prior to such employer’s participation in the has a principal place of business, or, if the priate code that is provided through the Sys- System, appropriate training materials to plaintiff does not reside or have a principal tem to indicate a final confirmation notice facilitate compliance with this subsection, place of business within any such judicial or final nonconfirmation notice. and sections 274B(a)(7) and 274C(a). district, in the District Court of the United ‘‘(x) CONSEQUENCES OF NONCONFIRMATION.— ‘‘(F) RESPONSIBILITIES OF THE COMMIS- States for the District of Columbia. If the employer has received a final noncon- SIONER OF SOCIAL SECURITY.—The responsibil- ‘‘(C) ANSWER.—As part of the Secretary’s firmation regarding an individual, the em- ities of the Commissioner of Social Security answer to a complaint for such judicial re- ployer shall terminate the employment, re- with respect to the System are set out in view, the Secretary shall file a certified copy cruitment, or referral of the individual. Such section 205(c)(2) of the Social Security Act. of the administrative record compiled during employer shall provide to the Secretary any ‘‘(9) PROTECTION FROM LIABILITY.—No em- the administrative review under paragraph information relating to the individual that ployer that participates in the System shall (10), including the evidence upon which the the Secretary determines would assist the be liable under any law for any employment- findings and decision complained of are Secretary in enforcing or administering the related action taken with respect to an indi- based. The court shall have power to enter, immigration laws. If the employer continues vidual in good faith reliance on information upon the pleadings and transcript of the to employ, recruit, or refer the individual provided by the System. record, a judgment affirming or reversing after receiving final nonconfirmation, a re- ‘‘(10) ADMINISTRATIVE REVIEW.— the result of that administrative review, buttable presumption is created that the em- ‘‘(A) IN GENERAL.—An individual who is ployer has violated subsections (a)(1)(A) and terminated from employment as a result of a with or without remanding the cause for a (a)(2). Such presumption may not apply to a final nonconfirmation notice may, not later rehearing. prosecution under subsection (f)(1). than 60 days after the date of such termi- ‘‘(D) COMPENSATION FOR ERROR.— ‘‘(i) IN GENERAL.—In cases in which such ‘‘(E) RESPONSIBILITIES OF THE SECRETARY.— nation, file an appeal of such notice. judicial review reverses the final determina- ‘‘(i) IN GENERAL.—The Secretary shall es- ‘‘(B) PROCEDURES.—The Secretary and tablish a reliable, secure method to provide Commissioner of Social Security shall de- tion of the Secretary made under paragraph through the System, within the time periods velop procedures to review appeals filed (10), the court shall compensate the indi- required by this subsection— under subparagraph (A) and to make final vidual for lost wages. ‘‘(I) a determination of whether the name determinations on such appeals. ‘‘(ii) CALCULATION OF LOST WAGES.—Lost and alien identification or authorization ‘‘(C) REVIEW FOR ERRORS.—If a final deter- wages shall be calculated based on the wage number provided in an inquiry by an em- mination on an appeal filed under subpara- rate and work scheduled that prevailed prior ployer is consistent with such information graph (A) results in a confirmation of an in- to termination. The individual shall be com- maintained by the Secretary in order to con- dividual’s eligibility to work in the United pensated for wages lost beginning on the firm the validity of the information pro- States, the administrative review process first scheduled work day after employment vided; and shall require the Secretary to determine if was terminated and ending 180 days after ‘‘(II) a determination of whether the indi- the final nonconfirmation notice issued for completion of the judicial review described vidual is authorized to be employed in the the individual was the result of— in this paragraph or the day after the indi- United States. ‘‘(i) an error or negligence on the part of vidual is reinstated or obtains employment ‘‘(ii) ANNUAL REPORT AND CERTIFICATION.— an employee or official operating or respon- elsewhere, whichever occurs first. Not later than the date that is 24 months sible for the System; ‘‘(12) LIMITATION ON COLLECTION AND USE OF after the date that not less than $400,000,000 ‘‘(ii) the decision rules, processes, or proce- DATA.— have been appropriated and made available dures utilized by the System; or ‘‘(A) LIMITATION ON COLLECTION OF DATA.— to the Secretary to implement this sub- ‘‘(iii) erroneous system information that ‘‘(i) IN GENERAL.—The System shall collect section, and annually thereafter, the Sec- was not the result of acts or omissions of the and maintain only the minimum data nec- retary shall submit to Congress a report that individual. essary to facilitate the successful operation includes— ‘‘(D) COMPENSATION FOR ERROR.— of the System, and in no case shall the data ‘‘(I) an assessment of whether the System ‘‘(i) IN GENERAL.—If the Secretary makes a be other than— is able to correctly issue, within the period determination under subparagraph (C) that ‘‘(I) information necessary to register em- described in subparagraph (D)(v)(II), a final the final nonconfirmation notice issued for ployers under paragraph (5); notice in at least 99 percent of the cases in an individual was not caused by an act or ‘‘(II) information necessary to initiate and which the final notice relates to an indi- omission of the individual, the Secretary respond to inquiries or contests under para- vidual who is eligible for employment in the shall compensate the individual for lost graph (8); United States (excluding an individual who wages. ‘‘(III) information necessary to establish fails to contest a tentative nonconfirmation ‘‘(ii) CALCULATION OF LOST WAGES.—Lost and enforce compliance with paragraphs (5) notice); and wages shall be calculated based on the wage and (8); ‘‘(II) if the assessment under subclause (I) rate and work schedule that prevailed prior ‘‘(IV) information necessary to detect and is that the System is able to correctly issue to termination. The individual shall be com- prevent employment related identity fraud; within the specified time period a final no- pensated for wages lost beginning on the and tice in at least 99 percent of the cases de- first scheduled work day after employment ‘‘(V) such other information the Secretary scribed in such subclause, a certification of was terminated and ending 180 days after determines is necessary, subject to a 180 day such assessment. completion of the administrative review notice and comment period in the Federal ‘‘(iii) CONTEST AND SELF-VERIFICATION.— process described in this paragraph or the Register. The Secretary in consultation with the Com- day after the individual is reinstated or ob- ‘‘(ii) PENALTIES.—Any officer, employee, or missioner of Social Security, shall establish tains employment elsewhere, whichever oc- contractor who willfully and knowingly col- procedures to permit an individual who con- curs first. lects and maintains data in the System tests a tentative or final nonconfirmation ‘‘(E) LIMITATION ON COMPENSATION.—For other than data described in clause (i) shall notice, or seeks to verify the individual’s purposes of determining an individual’s com- be guilty of a misdemeanor and fined not own employment eligibility prior to obtain- pensation for the loss of employment, such more than $1,000 for each violation. ing or changing employment, to contact the compensation shall not include any period in ‘‘(B) LIMITATION ON USE OF DATA.—Whoever appropriate agency and, in a timely manner, which the individual was ineligible for em- willfully and knowingly accesses, discloses, correct or update the information used by ployment in the United States. or uses any information obtained or main- the System. ‘‘(F) SOURCE OF FUNDS.—Compensation or tained by the System— ‘‘(iv) INFORMATION TO EMPLOYEE.—The Sec- reimbursement provided under this para- ‘‘(i) for the purpose of committing identity retary shall develop a written form for em- graph shall not be provided from funds ap- fraud, or assisting another person in com- ployers to provide to individuals who receive propriated in annual appropriations Acts to mitting identity fraud, as defined in section a tentative or final nonconfirmation notice. the Secretary for the Department of Home- 1028 of title 18, United States Code; Such form shall be made available in a lan- land Security. ‘‘(ii) for the purpose of unlawfully obtain- guage other than English, as necessary and ‘‘(11) JUDICIAL REVIEW.— ing employment in the United States or un- reasonable, and shall include— ‘‘(A) IN GENERAL.—After the Secretary lawfully obtaining employment in the ‘‘(I) information about the reason for such makes a final determination on an appeal United States for any other person; or notice; filed by an individual under the administra- ‘‘(iii) for any purpose other than as pro- ‘‘(II) the right to contest such notice; tive review process described in paragraph vided for under any provision of law;

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S946 CONGRESSIONAL RECORD — SENATE January 23, 2007 shall be guilty of a felony and upon convic- designated place in an investigation or case less than $6,000 and not more than $20,000 for tion shall be fined under title 18, United under this subsection. each unauthorized alien with respect to each States Code, or imprisoned for not more than ‘‘(B) FAILURE TO COOPERATE.—In case of re- such violation. 5 years, or both. fusal to obey a subpoena lawfully issued ‘‘(B) RECORDKEEPING OR VERIFICATION PRAC- ‘‘(C) EXCEPTIONS.—Nothing in subpara- under subparagraph (A)(ii), the Secretary TICES.—Any employer that violates or fails graph (A) or (B) may be construed to limit may request that the Attorney General to comply with the recordkeeping require- the collection, maintenance, or use of data apply in an appropriate district court of the ments of subsections (a), (c), and (d), shall by the Commissioner of Internal Revenue or United States for an order requiring compli- pay a civil penalty as follows: the Commissioner of Social Security as pro- ance with such subpoena, and any failure to ‘‘(i) Pay a civil penalty of not less than vided by law. obey such order may be punished by such $200 and not more than $2,000 for each such ‘‘(13) MODIFICATION AUTHORITY.—The Sec- court as contempt. violation. retary, after notice is submitted to Congress ‘‘(C) DEPARTMENT OF LABOR.—The Sec- ‘‘(ii) If the employer has previously been and provided to the public in the Federal retary of Labor shall have the investigative fined 1 time during the 12-month period pre- Register, is authorized to modify the re- authority provided under section 11(a) of the ceding the violation under this subpara- quirements of this subsection with respect to Fair Labor Standards Act of 1938 (29 U.S.C. graph, pay a civil penalty of not less than completion of forms, method of storage, at- 211(a)) to ensure compliance with the provi- $400 and not more than $4,000 for each such testations, copying of documents, signa- sions of this section. violation. tures, methods of transmitting information, ‘‘(3) COMPLIANCE PROCEDURES.— ‘‘(iii) If the employer has previously been and other operational and technical aspects ‘‘(A) PREPENALTY NOTICE.—If the Secretary fined more than 1 time during the 24-month to improve the efficiency, accuracy, and se- has reasonable cause to believe that there period preceding the violation under this curity of the System. has been a violation of a requirement of this subparagraph or has failed to comply with a ‘‘(14) ANNUAL GAO STUDY AND REPORT.— section and determines that further pro- previously issued and final order related to ‘‘(A) REQUIREMENT.—The Comptroller Gen- ceedings related to such violation are war- such requirements, pay a civil penalty of not eral of the United States shall conduct an ranted, the Secretary shall issue to the em- less than $600 and not more than $6,000 for annual study of the System. ployer concerned a written notice of the Sec- each such violation. ‘‘(B) PURPOSE.—The study shall evaluate retary’s intention to issue a claim for a fine ‘‘(C) OTHER PENALTIES.—Notwithstanding the accuracy, efficiency, integrity, and im- or other penalty. Such notice shall— subparagraphs (A) and (B), the Secretary pact of the System. ‘‘(i) describe the violation; may impose additional penalties for viola- ‘‘(C) REPORT.—Not later than the date that ‘‘(ii) specify the laws and regulations alleg- tions, including violations of cease and de- is 24 months after the date that not less than edly violated; sist orders, specially designed compliance $400,000,000 have been appropriated and made ‘‘(iii) specify the amount of fines or other plans to prevent further violations, sus- available to the Secretary to implement this penalties to be imposed; pended fines to take effect in the event of a subsection, and annually thereafter, the ‘‘(iv) disclose the material facts which es- further violation, and in appropriate cases, Comptroller General shall submit to Con- tablish the alleged violation; and the criminal penalty described in subsection gress a report containing the findings of the ‘‘(v) inform such employer that the em- (f). study carried out under this paragraph. Each ployer shall have a reasonable opportunity ‘‘(5) JUDICIAL REVIEW.—An employer ad- such report shall include, at a minimum, the to make representations as to why a claim versely affected by a final determination following: for a monetary or other penalty should not may, within 45 days after the date the final ‘‘(i) An assessment of the annual report be imposed. determination is issued, file a petition in any and certification described in paragraph ‘‘(B) REMISSION OR MITIGATION OF PEN- appropriate district court of the United (8)(E)(ii). ALTIES.— States. The filing of a petition as provided in ‘‘(ii) An assessment of System performance ‘‘(i) REVIEW BY SECRETARY.—If the Sec- this paragraph shall stay the Secretary’s de- with respect to the rate at which individuals retary determines that such fine or other termination until entry of judgment by the who are eligible for employment in the penalty was incurred erroneously, or deter- court. The burden shall be on the employer United States are correctly approved within mines the existence of such mitigating cir- to show that the final determination was not each of the periods specified in paragraph (8), cumstances as to justify the remission or including a separate assessment of such rate mitigation of such fine or penalty, the Sec- supported by substantial evidence. The Sec- for nationals and aliens. retary may remit or mitigate such fine or retary is authorized to require that the peti- ‘‘(iii) An assessment of the privacy and se- other penalty on the terms and conditions as tioner provide, prior to filing for review, se- curity of the System and its effects on iden- the Secretary determines are reasonable and curity for payment of fines and penalties tity fraud or the misuse of personal data. just, or order termination of any proceedings through bond or other guarantee of payment ‘‘(iv) An assessment of the effects of the related to the notice. acceptable to the Secretary. System on the employment of unauthorized ‘‘(ii) APPLICABILITY.—This subparagraph ‘‘(6) ENFORCEMENT OF ORDERS.—If an em- aliens. may not apply to an employer that has or is ployer fails to comply with a final deter- ‘‘(v) An assessment of the effects of the engaged in a pattern or practice of violations mination issued against that employer under System, including the effects of tentative of paragraph (1), (2), or (3) of subsection (a) this subsection, and the final determination confirmations, on unfair immigration-re- or of any other requirements of this section. is not subject to review as provided in para- lated employment practices and employment ‘‘(C) PENALTY CLAIM.—After considering graph (5), the Attorney General may file suit discrimination based on national origin or evidence and representations offered by the to enforce compliance with the final deter- citizenship status. employer, the Secretary shall determine mination, not earlier than 46 days and not ‘‘(vi) An assessment of whether the Sec- whether there was a violation and promptly later than 180 days after the date the final retary and the Commissioner of Social Secu- issue a written final determination setting determination is issued, in any appropriate rity have adequate resources to carry out forth the findings of fact and conclusions of district court of the United States. In any the duties and responsibilities of this sec- law on which the determination is based and such suit, the validity and appropriateness of tion. the appropriate penalty. the final determination shall not be subject ‘‘(e) COMPLIANCE.— ‘‘(4) CIVIL PENALTIES.— to review. ‘‘(1) COMPLAINTS AND INVESTIGATIONS.—The ‘‘(A) HIRING OR CONTINUING TO EMPLOY UN- ‘‘(7) RECOVERY OF COSTS AND ATTORNEY’S Secretary shall establish procedures— AUTHORIZED ALIENS.—Any employer that vio- FEES.—In any appeal brought under para- ‘‘(A) for individuals and entities to file lates any provision of paragraph (1), (2), or graph (5) or suit brought under paragraph (6) complaints regarding potential violations of (3) of subsection (a) shall pay civil penalties of this section the employer shall be entitled subsection (a); as follows: to recover from the Secretary reasonable ‘‘(B) for the investigation of such com- ‘‘(i) Pay a civil penalty of not less than costs and attorney’s fees if such employer plaints that the Secretary determines are $500 and not more than $4,000 for each unau- substantially prevails on the merits of the appropriate to investigate; and thorized alien with respect to each such vio- case. Such an award of attorney’s fees may ‘‘(C) for the investigation of other viola- lation. not exceed $25,000. Any such costs and attor- tions of subsection (a) that the Secretary de- ‘‘(ii) If the employer has previously been ney’s fees assessed against the Secretary termines is appropriate. fined 1 time during the 12-month period pre- shall be charged against the operating ex- ‘‘(2) AUTHORITY IN INVESTIGATIONS.— ceding the violation under this subpara- penses of the Department for the fiscal year ‘‘(A) IN GENERAL.—In conducting investiga- graph, pay a civil penalty of not less than in which the assessment is made, and may tions and hearings under this subsection, of- $4,000 and not more than $10,000 for each un- not be reimbursed from any other source. ficers and employees of the Department of authorized alien with respect to each such ‘‘(f) CRIMINAL PENALTIES AND INJUNCTIONS Homeland Security— violation. FOR PATTERN OR PRACTICE VIOLATIONS.— ‘‘(i) shall have reasonable access to exam- ‘‘(iii) If the employer has previously been ‘‘(1) CRIMINAL PENALTY.—An employer that ine evidence regarding any employer being fined more than 1 time during the 24-month engages in a pattern or practice of knowing investigated; and period preceding the violation under this violations of subsection (a)(1)(A) or (a)(2) ‘‘(ii) if designated by the Secretary, may subparagraph or has failed to comply with a shall be fined not more than $20,000 for each compel by subpoena the attendance of wit- previously issued and final order related to unauthorized alien with respect to whom nesses and the production of evidence at any any such provision, pay a civil penalty of not such a violation occurs, imprisoned for not

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S947 more than 3 years for the entire pattern or to debar the employer from the receipt of of section 414 of the Illegal Immigration Re- practice, or both. new Federal contracts, grants, or coopera- form and Immigrant Responsibility Act of ‘‘(2) ENJOINING OF PATTERN OR PRACTICE tive agreements for a period of 5 years. 1996 (division C of Public Law 104–208; 8 VIOLATIONS.—If the Secretary or the Attor- ‘‘(C) WAIVER.—After consideration of the U.S.C. 1360 note) is repealed. ney General has reasonable cause to believe views of any agency or department that (2) CONSTRUCTION.—Nothing in this sub- that an employer is engaged in a pattern or holds a contract, grant, or cooperative agree- section or in subsection (d) of section 274A of practice of employment, recruitment, or re- ment with the employer, the Secretary may, the Immigration and Nationality Act, as ferral in violation of paragraph (1)(A) or (2) in lieu of debarring the employer from the amended by subsection (a), may be construed of subsection (a), the Attorney General may receipt of new Federal contracts, grants, or to limit the authority of the Secretary of bring a civil action in the appropriate dis- cooperative agreements for a period of 5 Homeland Security to allow or continue to trict court of the United States requesting a years, waive operation of this subsection, allow the participation of employers who permanent or temporary injunction, re- limit the duration or scope of the debarment, participated in the basic pilot program under straining order, or other order against the or may refer to an appropriate lead agency sections 401, 402, 403, 404, and 405 of the Ille- employer, as the Secretary deems necessary. the decision of whether to debar the em- gal Immigration Reform and Immigrant Re- ‘‘(g) ADJUSTMENT FOR INFLATION.—All pen- ployer, for what duration, and under what sponsibility Act of 1996 (division C of Public alties and limitations on the recovery of scope in accordance with the procedures and Law 104–208; 8 U.S.C. 1324a note) in the Elec- costs and attorney’s fees in this section shall standards prescribed by the Federal Acquisi- tronic Employment Verification System es- be increased every 4 years beginning January tion Regulation. However, any proposed de- tablished pursuant to such subsection (d). 2010 to reflect the percentage increase in the barment predicated on an administrative de- (c) TECHNICAL AMENDMENTS.— consumer price index for all urban con- termination of liability for civil penalty by (1) DEFINITION OF UNAUTHORIZED ALIEN.— sumers (all items; U.S. city average) for the the Secretary or the Attorney General shall The Immigration and Nationality Act is 48 month period ending with September of not be reviewable in any debarment pro- amended in sections 218(i)(1) (8 U.S.C. the year preceding the year such adjustment ceeding. The decision of whether to debar or 1188(i)(1)), 245(c)(8) (8 U.S.C. 1255(c)(8)), is made. Any adjustment under this subpara- take alternate action under this subpara- 274(a)(3)(B)(i) (8 U.S.C. 1324(a)(3)(B)(i)), and graph shall be rounded to the nearest dollar. graph shall not be judicially reviewed. 274B(a)(1) (8 U.S.C. 1324b(a)(1)) are amended ‘‘(h) PROHIBITION OF INDEMNITY BONDS.— ‘‘(3) SUSPENSION.—Indictments for viola- by striking ‘‘274A(h)(3)’’ and inserting ‘‘(1) PROHIBITION.—It is unlawful for an em- tions of this section or adequate evidence of ‘‘274A’’. ployer, in the hiring, recruiting, or referring actions that could form the basis for debar- (2) DOCUMENT REQUIREMENTS.—Section 274B for a fee, of an individual, to require the in- ment under this subsection shall be consid- of the Immigration and Nationality Act (8 dividual to post a bond or security, to pay or ered a cause for suspension under the proce- U.S.C. 1324b) is amended— agree to pay an amount, or otherwise to pro- dures and standards for suspension pre- (A) in subsections (a)(6) and (g)(2)(B), by vide a financial guarantee or indemnity, scribed by the Federal Acquisition Regula- striking ‘‘274A(b)’’ and inserting ‘‘274A(c) and against any potential liability arising under tion. (d)’’; and this section relating to such hiring, recruit- ‘‘(j) MISCELLANEOUS PROVISIONS.— (B) in subsection (g)(2)(B)(ii), by striking ing, or referring of the individual. ‘‘(1) DOCUMENTATION.—In providing docu- ‘‘274A(b)(5)’’ and inserting ‘‘274A(c)’’. ‘‘(2) CIVIL PENALTY.—Any employer which mentation or endorsement of authorization (d) AMENDMENTS TO THE SOCIAL SECURITY is determined, after notice and opportunity of aliens eligible to be employed in the ACT.—Section 205(c)(2) of the Social Security for mitigation of the monetary penalty United States, the Secretary shall provide Act (42 U.S.C. 405(c)(2)) is amended by adding under subsection (e), to have violated para- that any limitations with respect to the pe- at the end the following new subparagraphs: graph (1) of this subsection shall be subject riod or type of employment or employer ‘‘(I)(i) The Commissioner of Social Secu- to a civil penalty of $10,000 for each violation shall be conspicuously stated on the docu- rity shall, subject to the provisions of sec- and to an administrative order requiring the mentation or endorsement (other than aliens tion 201(f)(2) of the Fair Minimum Wage Act return of any amounts received in violation lawfully admitted for permanent residence). of 2007, establish a reliable, secure method to of such paragraph to the employee or, if the ‘‘(2) PREEMPTION.—The provisions of this provide through the Electronic Employment employee cannot be located, to the Employer section preempt any State or local law im- Verification System established pursuant to Compliance Fund established under section posing civil or criminal sanctions (other subsection (d) of section 274A of the Immi- 286(w). than through licensing and similar laws) gration and Nationality Act (referred to in ‘‘(i) PROHIBITION ON AWARD OF GOVERNMENT upon those who employ, or recruit or refer this subparagraph as the ‘System’), within CONTRACTS, GRANTS, AND AGREEMENTS.— for a fee for employment, unauthorized the time periods required by paragraph (8) of ‘‘(1) EMPLOYERS WITH NO CONTRACTS, aliens. such subsection— GRANTS, OR AGREEMENTS.— ‘‘(k) DEPOSIT OF AMOUNTS RECEIVED.—Ex- ‘‘(I) a determination of whether the name, ‘‘(A) IN GENERAL.—If an employer who does cept as otherwise specified, civil penalties date of birth, employer identification num- not hold a Federal contract, grant, or coop- collected under this section shall be depos- ber, and social security account number of erative agreement is determined by the Sec- ited by the Secretary into the Employer an individual provided in an inquiry made to retary to be a repeat violator of this section Compliance Fund established under section the System by an employer is consistent or is convicted of a crime under this section, 286(w). with such information maintained by the the employer shall be debarred from the re- ‘‘(l) DEFINITIONS.—In this section: Commissioner in order to confirm the valid- ceipt of a Federal contract, grant, or cooper- ‘‘(1) EMPLOYER.—The term ‘employer’ ity of the information provided; ative agreement for a period of 5 years. The means any person or entity, including any ‘‘(II) a determination of the citizenship Secretary or the Attorney General shall ad- entity of the Government of the United status associated with such name and social vise the Administrator of General Services of States, hiring, recruiting, or referring an in- security account number, according to the such a debarment, and the Administrator of dividual for employment in the United records maintained by the Commissioner; General Services shall list the employer on States. ‘‘(III) a determination of whether the name the List of Parties Excluded from Federal ‘‘(2) SECRETARY.—Except as otherwise pro- and number belongs to an individual who is Procurement and Nonprocurement Programs vided, the term ‘Secretary’ means the Sec- deceased, according to the records main- for a period of 5 years. retary of Homeland Security. tained by the Commissioner; ‘‘(B) WAIVER.—The Administrator of Gen- ‘‘(3) UNAUTHORIZED ALIEN.—The term ‘un- ‘‘(IV) a determination of whether the name eral Services, in consultation with the Sec- authorized alien’ means, with respect to the and number is blocked in accordance with retary and the Attorney General, may waive employment of an alien at a particular time, clause (ii); and operation of this subsection or may limit the that the alien is not at that time either— ‘‘(V) a confirmation notice or a noncon- duration or scope of the debarment. ‘‘(A) an alien lawfully admitted for perma- firmation notice described in such paragraph ‘‘(2) EMPLOYERS WITH CONTRACTS, GRANTS, nent residence; or (8), in a manner that ensures that other in- OR AGREEMENTS.— ‘‘(B) authorized to be so employed by this formation maintained by the Commissioner ‘‘(A) IN GENERAL.—An employer who holds Act or by the Secretary.’’. is not disclosed or released to employers a Federal contract, grant, or cooperative (b) CONFORMING AMENDMENTS.— through the System. agreement and is determined by the Sec- (1) AMENDMENTS.— ‘‘(ii) The Commissioner of Social Security retary to be a repeat violator of this section (A) REPEAL OF BASIC PILOT.—Sections 401, shall prevent the fraudulent or other misuse or is convicted of a crime under this section, 402, 403, 404, and 405 of the Illegal Immigra- of a social security account number by es- shall be debarred from the receipt of new tion Reform and Immigrant Responsibility tablishing procedures under which an indi- Federal contracts, grants, or cooperative Act of 1996 (division C of Public Law 104–208; vidual who has been assigned a social secu- agreements for a period of 5 years. 8 U.S.C. 1324a note) are repealed. rity account number may block the use of ‘‘(B) NOTICE TO AGENCIES.—Prior to debar- (B) REPEAL OF REPORTING REQUIREMENTS.— such number under the System and remove ring the employer under subparagraph (A), (i) REPORT ON EARNINGS OF ALIENS NOT AU- such block. the Secretary, in cooperation with the Ad- THORIZED TO WORK.—Subsection (c) of section ‘‘(J) In assigning social security account ministrator of General Services, shall advise 290 of the Immigration and Nationality Act numbers to aliens who are authorized to any agency or department holding a con- (8 U.S.C. 1360) is repealed. work in the United States under section 218A tract, grant, or cooperative agreement with (ii) REPORT ON FRAUDULENT USE OF SOCIAL of the Immigration and Nationality Act, the the employer of the Government’s intention SECURITY ACCOUNT NUMBERS.—Subsection (b) Commissioner of Social Security shall, to

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S948 CONGRESSIONAL RECORD — SENATE January 23, 2007 the maximum extent practicable, assign section 6051) of such person hired during the (D) Section 6103(p)(8)(B) of such Code is such numbers by employing the enumeration period beginning with the later of— amended by inserting ‘‘or paragraph (9)’’ procedure administered jointly by the Com- ‘‘(I) the date such person begins to partici- after ‘‘subparagraph (A)’’. missioner, the Secretary of State, and the pate in the System, or (E) Section 7213(a)(2) of such Code is Secretary.’’. ‘‘(II) the date of the request immediately amended by striking ‘‘or (20)’’ and inserting (e) DISCLOSURE OF CERTAIN TAXPAYER IDEN- preceding the most recent request under this ‘‘(20), or (21)’’. TITY INFORMATION.— clause, (f) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—Section 6103(l) of the In- ending with the date of the most recent re- (1) IN GENERAL.—There are authorized to be ternal Revenue Code of 1986 is amended by quest under this clause. appropriated to the Secretary of Homeland adding at the end the following new para- ‘‘(B) RESTRICTION ON DISCLOSURE.—The Security such sums as are necessary to carry graph: Commissioner of Social Security shall dis- out the amendments made by this section. ‘‘(21) DISCLOSURE OF CERTAIN TAXPAYER close taxpayer identity information under (2) LIMITATION ON VERIFICATION RESPON- IDENTITY INFORMATION BY SOCIAL SECURITY subparagraph (A) only for purposes of, and to SIBILITIES OF COMMISSIONER OF SOCIAL SECU- ADMINISTRATION TO DEPARTMENT OF HOME- the extent necessary in— RITY.—The Commissioner of Social Security LAND SECURITY.— ‘‘(i) establishing and enforcing employer is authorized to perform activities with re- ‘‘(A) IN GENERAL.—From taxpayer identity participation in the System, spect to carrying out the Commissioner’s re- information which has been disclosed to the ‘‘(ii) carrying out, including through civil sponsibilities in this title or the amend- Social Security Administration and upon administrative and civil judicial pro- ments made by this title, but only to the ex- written request by the Secretary of Home- tent the Secretary of Homeland Security has land Security, the Commissioner of Social ceedings, of sections 212, 217, 235, 237, 238, 274A, 274B, and 274C of the Immigration and provided, in advance, funds to cover the Security shall disclose directly to officers, Commissioner’s full costs in carrying out employees, and contractors of the Depart- Nationality Act, and ‘‘(iii) the civil operation of the Alien Ter- such responsibilities. In no case shall funds ment of Homeland Security the following in- from the Federal Old-Age and Survivors In- formation: rorist Removal Court. ‘‘(C) REIMBURSEMENT.—The Commissioner surance Trust Fund or the Federal Disability ‘‘(i) DISCLOSURE OF EMPLOYER NO-MATCH NO- Insurance Trust Fund be used to carry out TICES.—Taxpayer identity information of of Social Security shall prescribe a reason- such responsibilities. each person who has filed an information re- able fee schedule for furnishing taxpayer (g) EFFECTIVE DATES.— turn required by reason of section 6051 dur- identity information under this paragraph (1) IN GENERAL.—The amendments made by ing calendar year 2006, 2007, or 2008 which and collect such fees in advance from the subsections (a), (b), (c), and (d) shall take ef- contains— Secretary of Homeland Security. fect on the date that is 180 days after the ‘‘(I) more than 100 names and taxpayer ‘‘(D) TERMINATION.—This paragraph shall date of the enactment of this Act. identifying numbers of employees (within not apply to any request made after the date (2) SUBSECTION (e).— the meaning of such section) that did not which is 3 years after the date of the enact- (A) IN GENERAL.—The amendments made match the records maintained by the Com- ment of this paragraph.’’. by subsection (e) shall apply to disclosures missioner of Social Security, or (2) COMPLIANCE BY DHS CONTRACTORS WITH made after the date of the enactment of this ‘‘(II) more than 10 names of employees CONFIDENTIALITY SAFEGUARDS.— Act. (within the meaning of such section) with (A) IN GENERAL.—Section 6103(p) of such the same taxpayer identifying number. Code is amended by adding at the end the (B) CERTIFICATIONS.—The first certification under section 6103(p)(9)(D) of the Internal ‘‘(ii) DISCLOSURE OF INFORMATION REGARD- following new paragraph: Revenue Code of 1986, as added by subsection ING USE OF DUPLICATE EMPLOYEE TAXPAYER ‘‘(9) DISCLOSURE TO DHS CONTRACTORS.— (e)(2), shall be made with respect to calendar IDENTIFYING INFORMATION.—Taxpayer iden- Notwithstanding any other provision of this tity information of each person who has filed section, no return or return information year 2008. an information return required by reason of shall be disclosed to any contractor of the SEC. 202. EMPLOYER COMPLIANCE FUND. section 6051 which the Commissioner of So- Department of Homeland Security unless Section 286 of the Immigration and Nation- cial Security has reason to believe, based on such Department, to the satisfaction of the ality Act (8 U.S.C. 1356) is amended by add- a comparison with information submitted by Secretary— ing at the end the following new subsection: the Secretary of Homeland Security, con- ‘‘(A) has requirements in effect which re- ‘‘(w) EMPLOYER COMPLIANCE FUND.— tains evidence of identity fraud due to the quire each such contractor which would have ‘‘(1) IN GENERAL.—There is established in multiple use of the same taxpayer identi- access to returns or return information to the general fund of the Treasury, a separate fying number (assigned under section 6109) of provide safeguards (within the meaning of account, which shall be known as the ‘Em- an employee (within the meaning of section paragraph (4)) to protect the confidentiality ployer Compliance Fund’ (referred to in this 6051). of such returns or return information, subsection as the ‘Fund’). ‘‘(iii) DISCLOSURE OF INFORMATION REGARD- ‘‘(B) agrees to conduct an on-site review ‘‘(2) DEPOSITS.—There shall be deposited as ING NONPARTICIPATING EMPLOYERS.—Taxpayer every 3 years (mid-point review in the case of offsetting receipts into the Fund all civil identity information of each person who has contracts or agreements of less than 1 year monetary penalties collected by the Sec- filed an information return required by rea- in duration) of each contractor to determine retary of Homeland Security under section son of section 6051 which the Commissioner compliance with such requirements, 274A. of Social Security has reason to believe, ‘‘(C) submits the findings of the most re- ‘‘(3) PURPOSE.—Amounts refunded to the based on a comparison with information sub- cent review conducted under subparagraph Secretary from the Fund shall be used for mitted by the Secretary of Homeland Secu- (B) to the Secretary as part of the report re- the purposes of enhancing and enforcing em- rity, contains evidence of such person’s fail- quired by paragraph (4)(E), and ployer compliance with section 274A. ure to register and participate in the Elec- ‘‘(D) certifies to the Secretary for the most ‘‘(4) AVAILABILITY OF FUNDS.—Amounts de- tronic Employment Verification System au- recent annual period that such contractor is posited into the Fund shall remain available thorized under section 274A(d) of the Immi- in compliance with all such requirements. until expended and shall be refunded out of gration and Nationality Act (hereafter in ‘‘The certification required by subpara- the Fund by the Secretary of the Treasury, this paragraph referred to as the ‘System’). graph (D) shall include the name and address at least on a quarterly basis, to the Sec- ‘‘(iv) DISCLOSURE OF INFORMATION REGARD- of each contractor, a description of the con- retary of Homeland Security.’’. ING NEW EMPLOYEES OF NONPARTICIPATING EM- tract or agreement with such contractor, SEC. 203. ADDITIONAL WORKSITE ENFORCEMENT PLOYERS.—Taxpayer identity information of and the duration of such contract or agree- AND FRAUD DETECTION AGENTS. all employees (within the meaning of section ment.’’. (a) INCREASE IN NUMBER OF PERSONNEL.— 6051) hired after the date a person identified (3) CONFORMING AMENDMENTS.— The Secretary of Homeland Security shall, in clause (iii) is required to participate in (A) Section 6103(a)(3) of such Code is subject to the availability of appropriations the System under section 274A(d)(2) or sec- amended by striking ‘‘or (20)’’ and inserting for such purpose, annually increase, by not tion 274A(d)(3)(B) of the Immigration and Na- ‘‘(20), or (21)’’. less than 2,200, the number of personnel of tionality Act. (B) Section 6103(p)(3)(A) of such Code is the Bureau of Immigration and Customs En- ‘‘(v) DISCLOSURE OF INFORMATION REGARD- amended by adding at the end the following forcement during the 5-year period beginning ING EMPLOYEES OF CERTAIN DESIGNATED EM- new sentence: ‘‘The Commissioner of Social on the date of the enactment of this Act. PLOYERS.—Taxpayer identity information of Security shall provide to the Secretary such (b) USE OF PERSONNEL.—The Secretary of all employees (within the meaning of section information as the Secretary may require in Homeland Security shall ensure that not less 6051) of each person who is required to par- carrying out this paragraph with respect to than 25 percent of all the hours expended by ticipate in the System under section return information inspected or disclosed personnel of the Bureau of Immigration and 274A(d)(3)(B) of the Immigration and Nation- under the authority of subsection (l)(21).’’. Customs Enforcement shall be used to en- ality Act. (C) Section 6103(p)(4) of such Code is force compliance with sections 274A and 274C ‘‘(vi) DISCLOSURE OF NEW HIRE TAXPAYER amended— of the Immigration and Nationality Act (8 IDENTITY INFORMATION.—Taxpayer identity (i) by striking ‘‘or (17)’’ both places it ap- U.S.C. 1324a and 1324c). information of each person participating in pears and inserting ‘‘(17), or (21)’’, and (c) AUTHORIZATION OF APPROPRIATIONS.— the System and taxpayer identity informa- (ii) by striking ‘‘or (20)’’ each place it ap- There are authorized to be appropriated to tion of all employees (within the meaning of pears and inserting ‘‘(20), or (21)’’. the Secretary of Homeland Security for each

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S949 of the fiscal years 2008 through 2012 such additional $40,000,000 for each of fiscal years employer has complied in good faith with the sums as may be necessary to carry out this 2008 through 2010’’ before the period at the requirements of subsections (c) and (d) has section. end. established an affirmative defense that the SEC. 204. CLARIFICATION OF INELIGIBILITY FOR (f) EFFECTIVE DATE.—The amendments employer has not violated paragraph (1)(A) MISREPRESENTATION. made by this section shall take effect on the with respect to such hiring, recruiting, or re- Section 212(a)(6)(C)(ii)(I) of the Immigra- date that is 180 days after the date of the en- ferral. tion and Nationality Act (8 U.S.C. actment of this Act and shall apply to viola- ‘‘(B) EXCEPTION.—Until the date that an 1182(a)(6)(C)(ii)(I)), is amended by striking tions occurring on or after such date. employer is required to participate in the ‘‘citizen’’ and inserting ‘‘national’’. Electronic Employment Verification System Mr. SESSIONS submitted an SEC. 205. ANTIDISCRIMINATION PROTECTIONS. SA 144. under subsection (d) or is participating in amendment intended to be proposed to such System on a voluntary basis, the em- (a) APPLICATION OF PROHIBITION OF DIS- ployer may establish an affirmative defense CRIMINATION TO VERIFICATION SYSTEM.—Sec- amendment SA 100 proposed by Mr. under subparagraph (A) by complying with tion 274B(a)(1) of the Immigration and Na- REID (for Mr. BAUCUS) to the bill H.R. the requirements of subsection (c). tionality Act (8 U.S.C. 1324b(a)(1)) is amend- 2, to amend the Fair Labor Standards ‘‘(b) ORDER OF INTERNAL REVIEW AND CER- ed by inserting ‘‘, the verification of the in- Act of 1938 to provide for an increase in TIFICATION OF COMPLIANCE.— dividual’s work authorization through the the Federal minimum wage; which was ‘‘(1) AUTHORITY TO REQUIRE CERTIFI- Electronic Employment Verification System ordered to lie on the table; as follows: CATION.—If the Secretary has reasonable described in section 274A(d),’’ after ‘‘the indi- At the end, add the following: cause to believe that an employer has failed vidual for employment’’. to comply with this section, the Secretary is (b) CLASSES OF ALIENS AS PROTECTED INDI- TITLE II—UNLAWFUL EMPLOYMENT OF ALIENS authorized, at any time, to require that the VIDUALS.—Section 274B(a)(3)(B) of the Immi- employer certify that the employer is in gration and Nationality Act (8 U.S.C. SEC. 201. UNLAWFUL EMPLOYMENT OF ALIENS. compliance with this section, or has insti- (a) IN GENERAL.—Section 274A of the Immi- 1324b(a)(3)(B)) is amended to read as follows: tuted a program to come into compliance. gration and Nationality Act (8 U.S.C. 1324a) ‘‘(B) is an alien who is— ‘‘(2) CONTENT OF CERTIFICATION.—Not later ‘‘(i) lawfully admitted for permanent resi- is amended to read as follows: than 60 days after the date an employer re- dence; ‘‘SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS. ceives a request for a certification under ‘‘(ii) granted the status of an alien lawfully ‘‘(a) MAKING EMPLOYMENT OF UNAUTHOR- paragraph (1) the employer shall certify admitted for temporary residence under sec- IZED ALIENS UNLAWFUL.— under penalty of perjury that— tion 210(a) or 245(a)(1); ‘‘(1) IN GENERAL.—It is unlawful for an em- ‘‘(A) the employer is in compliance with ‘‘(iii) admitted as a refugee under section ployer— the requirements of subsections (c) and (d); 207; ‘‘(A) to hire, or to recruit or refer for a fee, or ‘‘(iv) granted asylum under section 208; an alien for employment in the United ‘‘(B) that the employer has instituted a ‘‘(v) granted the status of a nonimmigrant States knowing, or with reckless disregard, program to come into compliance with such under section 101(a)(15)(H)(ii)(c); that the alien is an unauthorized alien with requirements. ‘‘(vi) granted temporary protected status respect to such employment; or ‘‘(3) EXTENSION.—The 60-day period referred under section 244; or ‘‘(B) to hire, or to recruit or refer for a fee, to in paragraph (2), may be extended by the ‘‘(vii) granted parole under section for employment in the United States an indi- Secretary for good cause, at the request of 212(d)(5).’’. vidual unless such employer meets the re- the employer. (c) REQUIREMENTS FOR ELECTRONIC EMPLOY- quirements of subsections (c) and (d). ‘‘(4) PUBLICATION.—The Secretary is au- MENT VERIFICATION.—Section 274B(a) of the ‘‘(2) CONTINUING EMPLOYMENT.—It is unlaw- thorized to publish in the Federal Register Immigration and Nationality Act (8 U.S.C. ful for an employer, after lawfully hiring an standards or methods for certification under 1324b(a)) is amended by adding at the end the alien for employment, to continue to employ paragraph (1) and for specific recordkeeping following: the alien in the United States knowing that practices with respect to such certification, ‘‘(7) ANTIDISCRIMINATION REQUIREMENTS OF the alien is (or has become) an unauthorized and procedures for the audit of any records THE ELECTRONIC EMPLOYMENT VERIFICATION alien with respect to such employment. related to such certification. SYSTEM.—It is an unfair immigration-related ‘‘(3) USE OF LABOR THROUGH CONTRACT.— ‘‘(c) DOCUMENT VERIFICATION REQUIRE- employment practice for a person or other ‘‘(A) IN GENERAL.—An employer who uses a MENTS.—An employer hiring, or recruiting or entity, in the course of the electronic contract, subcontract, or exchange to obtain referring for a fee, an individual for employ- verification process described in section the labor of an alien in the United States ment in the United States shall verify that 274A(d)— knowing, or with reckless disregard— the individual is eligible for such employ- ‘‘(A) to terminate or undertake any ad- ‘‘(i) that the alien is an unauthorized alien ment by meeting the following require- verse employment action due to a tentative with respect to performing such labor, shall ments: nonconfirmation; be considered to have hired the alien in vio- ‘‘(1) ATTESTATION BY EMPLOYER.— ‘‘(B) to use the verification system for lation of paragraph (1)(A); or ‘‘(A) REQUIREMENTS.— screening of an applicant prior to an offer of ‘‘(ii) that the person hiring such alien ‘‘(i) IN GENERAL.—The employer shall at- employment; failed to comply with the requirements of test, under penalty of perjury and on a form ‘‘(C) except as described in section subsections (c) and (d) shall be considered to prescribed by the Secretary, that the em- 274A(d)(3)(B), to use the verification system have hired the alien in violation of para- ployer has verified the identity and eligi- for a current employee after the first 3 days graph (1)(B). bility for employment of the individual by of employment, or for the reverification of ‘‘(B) INFORMATION SHARING.—The person examining a document described in subpara- an employee after the employee has satisfied hiring the alien shall provide to the em- graph (B). the process described in section 274A(d); or ployer, who obtains the labor of the alien, ‘‘(ii) SIGNATURE REQUIREMENTS.—An attes- ‘‘(D) to require an individual to make an the employer identification number assigned tation required by clause (i) may be mani- inquiry under the self-verification proce- to such person by the Commissioner of Inter- fested by a handwritten or electronic signa- dures established in section nal Revenue. Failure to provide such number ture. 274A(d)(8)(E)(iii).’’. shall be considered a recordkeeping violation ‘‘(iii) STANDARDS FOR EXAMINATION.—The (d) INCREASE IN CIVIL MONEY PENALTIES.— under subsection (e)(4)(B). employer has complied with the requirement Section 274B(g)(2) of the Immigration and ‘‘(C) REPORTING REQUIREMENT.—The em- of this paragraph with respect to examina- Nationality Act (8 U.S.C. 1324b(g)(2)) is ployer shall submit to the Electronic tion of documentation if a reasonable person amended— Verification System established under sub- would conclude that the document examined (1) in subparagraph (B)(iv)— section (d), in a manner prescribed by the is genuine and relates to the individual (A) in subclause (I), by striking ‘‘$250 and Secretary, the employer identification num- whose identity and eligibility for employ- not more than $2,000’’ and inserting ‘‘$1,000 ber provided by the person hiring the alien. ment in the United States is being verified. and not more than $4,000’’; Failure to submit such number shall be con- If the individual provides a document suffi- (B) in subclause (II), by striking ‘‘$2,000 sidered a recordkeeping violation under sub- cient to meet the requirements of this para- and not more than $5,000’’ and inserting section (e)(4)(B). graph, nothing in this paragraph shall be ‘‘$4,000 and not more than $10,000’’; ‘‘(D) ENFORCEMENT.—The Secretary shall construed as requiring an employer to solicit (C) in subclause (III), by striking ‘‘$3,000 implement procedures to utilize the informa- any other document or as requiring the indi- and not more than $10,000’’ and inserting tion obtained under subparagraphs (B) and vidual to produce any other document. ‘‘$6,000 and not more than $20,000’’; and (C) to identify employers who use a contract, ‘‘(B) IDENTIFICATION DOCUMENTS.—A docu- (D) in subclause (IV), by striking ‘‘$100 and subcontract, or exchange to obtain the labor ment described in this subparagraph is— not more than $1,000’’ and inserting ‘‘$500 and of an alien from another person, where such ‘‘(i) in the case of an individual who is a not more than $5,000’’. person hiring such alien fails to comply with national of the United States— (e) INCREASED FUNDING OF INFORMATION the requirements of subsections (c) and (d). ‘‘(I) a United States passport; or CAMPAIGN.—Section 274B(l)(3) of the Immi- ‘‘(4) DEFENSE.— ‘‘(II) a driver’s license or identity card gration and Nationality Act (8 U.S.C. ‘‘(A) IN GENERAL.—Subject to subparagraph issued by a State, the Commonwealth of the 1324b(l)(3)) is amended by inserting ‘‘and an (B), an employer that establishes that the Northern Mariana Islands, or an outlying

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S950 CONGRESSIONAL RECORD — SENATE January 23, 2007 possession of the United States that satisfies ing or referring for a fee, of the individual ployer based on an assessment of homeland the requirements of division B of Public Law and ending— security or national security needs; or 109–13 (119 Stat. 302); ‘‘(A) in the case of the recruiting or refer- ‘‘(ii) if the Secretary has reasonable cause ‘‘(ii) in the case of an alien lawfully admit- ral for a fee (without hiring) of an individual, to believe that the employer has engaged in ted for permanent residence in the United 5 years after the date of the recruiting or re- material violations of paragraph (1), (2), or States, a permanent resident card, as speci- ferral; or (3) of subsection (a). fied by the Secretary; ‘‘(B) in the case of the hiring of an indi- ‘‘(4) REQUIREMENT TO NOTIFY.—The Sec- ‘‘(iii) in the case of an alien who is author- vidual the later of— retary shall notify the employer or class of ized under this Act or by the Secretary to be ‘‘(i) 5 years after the date of such hiring; employers in writing regarding the require- employed in the United States, an employ- ‘‘(ii) 1 year after the date the individual’s ment for participation in the System under ment authorization card, as specified by the employment is terminated; or paragraph (3)(B) not less than 60 days prior Secretary that— ‘‘(iii) in the case of an employer or class of to the effective date of such requirement. ‘‘(I) contains a photograph of the indi- employers, a period that is less than the ap- Such notice shall include the training mate- vidual or other identifying information, in- plicable period described in clause (i) or (ii) rials described in paragraph (8)(E)(v). cluding name, date of birth, gender, and ad- if the Secretary reduces such period for such ‘‘(5) REGISTRATION OF EMPLOYERS.—An em- dress; and employer or class of employers. ployer shall register the employer’s partici- ‘‘(II) contains security features to make ‘‘(4) DOCUMENT RETENTION AND RECORD- pation in the System in the manner pre- the document resistant to tampering, coun- KEEPING REQUIREMENTS.— scribed by the Secretary prior to the date terfeiting, and fraudulent use; ‘‘(A) RETENTION OF DOCUMENTS.—Notwith- the employer is required or permitted to sub- ‘‘(iv) in the case of an individual who is un- standing any other provision of law, an em- mit information with respect to an employee able to obtain a document described in ployer shall retain, for the applicable period under this subsection. described in paragraph (3), the following doc- clause (i), (ii), or (iii), a document designated ‘‘(6) ADDITIONAL GUIDANCE.—A registered uments: by the Secretary that— employer shall be permitted to utilize any ‘‘(i) IN GENERAL.—The employer shall copy ‘‘(I) contains a photograph of the indi- technology that is consistent with this sec- all documents presented by an individual de- vidual or other identifying information, in- tion and with any regulation or guidance scribed in paragraph (1)(B) and shall retain cluding name, date of birth, gender, and ad- from the Secretary to streamline the proce- paper, microfiche, microfilm, or electronic dress; and dures to facilitate compliance with— copies of such documents. Such copies shall ‘‘(II) contains security features to make ‘‘(A) the attestation requirement in sub- be designated as copied documents. the document resistant to tampering, coun- section (c); and ‘‘(ii) OTHER DOCUMENTS.—The employer terfeiting, and fraudulent use; or ‘‘(B) the employment eligibility shall maintain records of any action taken ‘‘(v) until the date that an employer is re- verification requirements in this subsection. quired to participate in the Electronic Em- and copies of any correspondence written or received with respect to the verification of ‘‘(7) CONSEQUENCE OF FAILURE TO PARTICI- ployment Verification System under sub- PATE.—If an employer is required to partici- section (d) or is participating in such System an individual’s identity or eligibility for em- ployment in the United States. pate in the System and fails to comply with on a voluntary basis, a document, or a com- the requirements of the System with respect bination of documents, of such type that, as ‘‘(B) USE OF RETAINED DOCUMENTS.—An em- ployer shall use copies retained under clause to an employee— of the date of the enactment of the Fair Min- ‘‘(A) such failure shall be treated as a vio- imum Wage Act of 2007, the Secretary had (i) or (ii) of subparagraph (A) only for the purposes of complying with the requirements lation of subsection (a)(1)(B); and established by regulation were sufficient for ‘‘(B) a rebuttable presumption is created purposes of this section. of this subsection, except as otherwise per- mitted under law. that the employer has violated subsection ‘‘(C) AUTHORITY TO PROHIBIT USE OF CERTAIN (a)(1)(A), however, such presumption may DOCUMENTS.— ‘‘(5) PENALTIES.—An employer that fails to not apply to a prosecution under subsection ‘‘(i) AUTHORITY.—If the Secretary finds comply with the recordkeeping requirements (f)(1). that a document or class of documents de- of this subsection shall be subject to the pen- ‘‘(8) DESIGN AND OPERATION OF SYSTEM.— scribed in subparagraph (B) is not reliable to alties described in subsection (e)(4)(B). ‘‘(A) IN GENERAL.—The Secretary shall, establish identity or is being used fraudu- ‘‘(6) NO AUTHORIZATION OF NATIONAL IDENTI- through the System— lently to an unacceptable degree, the Sec- FICATION CARDS.—Nothing in this section ‘‘(i) respond to each inquiry made by a reg- retary shall prohibit, or impose conditions, may be construed to authorize, directly or istered employer through the Internet or on the use of such document or class of docu- indirectly, the issuance, use, or establish- other electronic media, or over a toll-free ments for purposes of this subsection. ment of a national identification card. telephone line regarding an individual’s ‘‘(ii) REQUIREMENT FOR PUBLICATION.—The ‘‘(d) ELECTRONIC EMPLOYMENT identity and eligibility for employment in Secretary shall publish notice of any find- VERIFICATION SYSTEM.— the United States; and ings under clause (i) in the Federal Register. ‘‘(1) REQUIREMENT FOR SYSTEM.—The Sec- ‘‘(ii) maintain a record of each such in- ‘‘(2) ATTESTATION OF EMPLOYEE.— retary, in cooperation with the Commis- quiry and the information provided in re- ‘‘(A) REQUIREMENTS.— sioner of Social Security, shall implement sponse to such inquiry. ‘‘(i) IN GENERAL.—The individual shall at- an Electronic Employment Verification Sys- test, under penalty of perjury on the form tem (referred to in this subsection as the ‘‘(B) INITIAL INQUIRY.— described in paragraph (1)(A)(i), that the in- ‘System’) to determine whether— ‘‘(i) INFORMATION REQUIRED.—A registered dividual is a national of the United States, ‘‘(A) the identifying information submitted employer shall, with respect to the hiring, or an alien lawfully admitted for permanent by an individual is consistent with the infor- recruiting or referring for a fee, any indi- residence, or an alien who is authorized mation maintained by the Secretary or the vidual for employment in the United States, under this Act or by the Secretary to be Commissioner of Social Security; and obtain from the individual and record on the hired, or to be recruited or referred for a fee, ‘‘(B) such individual is eligible for employ- form described in subsection (c)(1)(A)(i)— in the United States. ment in the United States. ‘‘(I) the individual’s name and date of birth ‘‘(ii) SIGNATURE FOR EXAMINATION.—An at- ‘‘(2) REQUIREMENT FOR PARTICIPATION.—The and, if the individual was born in the United testation required by clause (i) may be mani- Secretary shall require all employers in the States, the State in which such individual fested by a handwritten or electronic signa- United States to participate in the System, was born; ture. with respect to all employees hired by the ‘‘(II) the individual’s social security ac- ‘‘(B) PENALTIES.—An individual who falsely employer on or after the date that is 18 count number; represents that the individual is eligible for months after the date that not less than ‘‘(III) the employment identification num- employment in the United States in an at- $400,000,000 have been appropriated and made ber of the individual’s employer during any testation required by subparagraph (A) shall, available to implement this subsection. one of the 5 most recently completed cal- for each such violation, be subject to a fine ‘‘(3) OTHER PARTICIPATION IN SYSTEM.—Not- endar years; and of not more than $5,000, a term of imprison- withstanding paragraph (2), the Secretary ‘‘(IV) in the case of an individual who does ment not to exceed 3 years, or both. has the authority— not attest that the individual is a national of ‘‘(3) RETENTION OF ATTESTATION.—The em- ‘‘(A) to permit any employer that is not re- the United States under subsection ployer shall retain a paper, microfiche, quired to participate in the System under (c)(1)(A)(i), such alien identification or au- microfilm, or electronic version of the attes- paragraph (2) to participate in the System on thorization number that the Secretary shall tations made under paragraph (1) and (2) and a voluntary basis; and require. make such attestations available for inspec- ‘‘(B) to require any employer or class of ‘‘(ii) SUBMISSION TO SYSTEM.—A registered tion by an officer of the Department of employers to participate on a priority basis employer shall submit an inquiry through Homeland Security, any other person des- in the System with respect to individuals the System to seek confirmation of the indi- ignated by the Secretary, the Special Coun- employed as of, or hired after, the date of en- vidual’s identity and eligibility for employ- sel for Immigration-Related Unfair Employ- actment of the Fair Minimum Wage Act of ment in the United States— ment Practices of the Department of Justice, 2007— ‘‘(I) not later than 3 days after the date of or the Secretary of Labor during a period be- ‘‘(i) if the Secretary designates such em- the hiring, or recruiting or referring for a ginning on the date of the hiring, or recruit- ployer or class of employers as a critical em- fee, of the individual (as the case may be); or

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‘‘(II) in the case of an employee hired by a ‘‘(I) IN GENERAL.—If a final notice is not ‘‘(E) RESPONSIBILITIES OF THE SECRETARY.— critical employer designated by the Sec- issued within the 30-day period described in ‘‘(i) IN GENERAL.—The Secretary shall es- retary under paragraph (3)(B) at such time as clause (v)(II), the Secretary shall automati- tablish a reliable, secure method to provide the Secretary shall specify. cally provide to the employer, through the through the System, within the time periods ‘‘(iii) EIN REQUIREMENTS.— System, the appropriate code indicating a required by this subsection— ‘‘(I) REQUIREMENT TO PROVIDE.—An em- final notice. ‘‘(I) a determination of whether the name ployer shall provide the employer identifica- ‘‘(II) PERIOD PRIOR TO INITIAL CERTIFI- and alien identification or authorization tion number issued to such employer to the CATION.—During the period beginning on the number provided in an inquiry by an em- individual, upon request, for purposes of pro- date of the enactment of the Fair Minimum ployer is consistent with such information viding the information under clause (i)(III). Wage Act of 2007 and ending on the date the maintained by the Secretary in order to con- ‘‘(II) REQUIREMENT TO AFFIRMATIVELY Secretary submits the initial report de- firm the validity of the information pro- STATE A LACK OF RECENT EMPLOYMENT.—An scribed in subparagraph (E)(ii), an automatic vided; and individual providing information under notice issued under subclause (I) shall be a ‘‘(II) a determination of whether the indi- clause (i)(III) who was not employed in the final confirmation notice. vidual is authorized to be employed in the United States during any of the 5 most re- ‘‘(III) PERIOD AFTER INITIAL CERTIFI- United States. CATION.—After the date that the Secretary cently completed calendar years shall af- ‘‘(ii) ANNUAL REPORT AND CERTIFICATION.— firmatively state on the form described in submits the initial report described in sub- Not later than the date that is 24 months subsection (c)(1)(A)(i) that no employer iden- paragraph (E)(ii), an automatic notice issued after the date that not less than $400,000,000 under subclause (I) shall be a final confirma- tification number is provided because the in- have been appropriated and made available tion notice unless the most recent such re- dividual was not employed in the United to the Secretary to implement this sub- port includes a certification that the System States during such period. section, and annually thereafter, the Sec- is able to correctly issue, within the period ‘‘(C) INITIAL RESPONSE.—Not later than 10 retary shall submit to Congress a report that beginning on the date an employer submits days after an employer submits an inquiry to includes— an inquiry to the System and ending on the the System regarding an individual, the Sec- ‘‘(I) an assessment of whether the System date an automatic default notice would be retary shall provide, through the System, to is able to correctly issue, within the period issued by the System, a final notice in at the employer— least 99 percent of the cases in which the no- described in subparagraph (D)(v)(II), a final ‘‘(i) if the System is able to confirm the in- tice relates to an individual who is eligible notice in at least 99 percent of the cases in dividual’s identity and eligibility for em- for employment in the United States. If the which the final notice relates to an indi- ployment in the United States, a confirma- most recent such report includes such a cer- vidual who is eligible for employment in the tion notice, including the appropriate codes tification, the automatic notice issued under United States (excluding an individual who on such confirmation notice; or subclause (I) shall be a final nonconfirma- fails to contest a tentative nonconfirmation ‘‘(ii) if the System is unable to confirm the tion notice. notice); and individual’s identity or eligibility for em- ‘‘(IV) ADDITIONAL AUTHORITY.—Notwith- ‘‘(II) if the assessment under subclause (I) ployment in the United States, and after a standing the second sentence of subclause is that the System is able to correctly issue secondary manual verification has been con- (III), the Secretary shall have the authority within the specified time period a final no- ducted, a tentative nonconfirmation notice, to issue a final confirmation notice for an in- tice in at least 99 percent of the cases de- including the appropriate codes on such ten- dividual who would be subject to a final non- scribed in such subclause, a certification of tative nonconfirmation notice. confirmation notice under such sentence. In such assessment. ‘‘(D) CONFIRMATION OR NONCONFIRMATION.— such a case, the Secretary shall determine ‘‘(iii) CONTEST AND SELF-VERIFICATION.— ‘‘(i) CONFIRMATION UPON INITIAL INQUIRY.—If the individual’s eligibility for employment The Secretary in consultation with the Com- an employer receives a confirmation notice in the United States and record the results missioner of Social Security, shall establish under paragraph (C)(i) for an individual, the of such determination in the System within procedures to permit an individual who con- employer shall record, on the form described 12 months. tests a tentative or final nonconfirmation in subsection (c)(1)(A)(i), the appropriate ‘‘(vii) EFFECTIVE PERIOD OF FINAL NOTICE.— notice, or seeks to verify the individual’s code provided in such notice. A final confirmation notice issued under this own employment eligibility prior to obtain- ‘‘(ii) TENTATIVE NONCONFIRMATION.—If an paragraph for an individual shall remain in ing or changing employment, to contact the employer receives a tentative nonconfirma- effect— appropriate agency and, in a timely manner, tion notice under paragraph (C)(ii) for an in- ‘‘(I) during any continuous period of em- correct or update the information used by dividual, the employer shall inform such in- ployment of such individual by such em- the System. dividual of the issuance of such notice in ployer, unless the Secretary determines the ‘‘(iv) INFORMATION TO EMPLOYEE.—The Sec- writing, on a form prescribed by the Sec- final confirmation was the result of identity retary shall develop a written form for em- retary not later than 3 days after receiving fraud; or ployers to provide to individuals who receive such notice. Such individual shall acknowl- ‘‘(II) in the case of an alien authorized to a tentative or final nonconfirmation notice. edge receipt of such notice in writing on the be employed in the United States for a tem- Such form shall be made available in a lan- form described in subsection (c)(1)(A)(i). porary period, during such period. guage other than English, as necessary and ‘‘(iii) NO CONTEST.—If the individual does ‘‘(viii) PROHIBITION ON TERMINATION.—An reasonable, and shall include— not contest the tentative nonconfirmation employer may not terminate the employ- ‘‘(I) information about the reason for such notice within 10 days of receiving notice ment of an individual based on a tentative notice; from the individual’s employer, the notice nonconfirmation notice until such notice be- ‘‘(II) the right to contest such notice; shall become final and the employer shall comes final under clause (iii) or a final non- ‘‘(III) contact information for the appro- record on the form described in subsection confirmation notice is issued for the indi- priate agency and instructions for initiating (1)(A)(i), the appropriate code provided vidual by the System. Nothing in this clause such contest; and through the System to indicate the indi- shall prohibit the termination of employ- ‘‘(IV) a 24-hour toll-free telephone number vidual did not contest the tentative noncon- ment for any reason other than such ten- to respond to inquiries related to such no- firmation. An individual’s failure to contest tative nonconfirmation. tice. a tentative nonconfirmation shall not be ‘‘(ix) RECORDING OF CONTEST RESOLUTION.— ‘‘(v) TRAINING MATERIALS.—The Secretary considered an admission of guilt with respect The employer shall record on the form de- shall make available or provide to the em- to any violation of this Act or any other pro- scribed in subsection (c)(1)(A)(i) the appro- ployer, upon request, not later than 60 days vision of law. priate code that is provided through the Sys- prior to such employer’s participation in the ‘‘(iv) CONTEST.—If the individual contests tem to indicate a final confirmation notice System, appropriate training materials to the tentative nonconfirmation notice, the in- or final nonconfirmation notice. facilitate compliance with this subsection, dividual shall submit appropriate informa- ‘‘(x) CONSEQUENCES OF NONCONFIRMATION.— and sections 274B(a)(7) and 274C(a). tion to contest such notice under the proce- If the employer has received a final noncon- ‘‘(F) RESPONSIBILITIES OF THE COMMIS- dures established in subparagraph (E)(iii) not firmation regarding an individual, the em- SIONER OF SOCIAL SECURITY.—The responsibil- later than 10 days after receiving the notice ployer shall terminate the employment, re- ities of the Commissioner of Social Security from the individual’s employer. cruitment, or referral of the individual. Such with respect to the System are set out in ‘‘(v) EFFECTIVE PERIOD OF TENTATIVE NON- employer shall provide to the Secretary any section 205(c)(2) of the Social Security Act. CONFIRMATION NOTICE.—A tentative noncon- information relating to the individual that ‘‘(9) PROTECTION FROM LIABILITY.—No em- firmation notice shall remain in effect until the Secretary determines would assist the ployer that participates in the System shall such notice becomes final under clause (iii), Secretary in enforcing or administering the be liable under any law for any employment- or the earlier of— immigration laws. If the employer continues related action taken with respect to an indi- ‘‘(I) a final confirmation notice or final to employ, recruit, or refer the individual vidual in good faith reliance on information nonconfirmation notice is issued through the after receiving final nonconfirmation, a re- provided by the System. System; or buttable presumption is created that the em- ‘‘(10) ADMINISTRATIVE REVIEW.— ‘‘(II) 30 days after the individual contests a ployer has violated subsections (a)(1)(A) and ‘‘(A) IN GENERAL.—An individual who is tentative nonconfirmation under clause (iv). (a)(2). Such presumption may not apply to a terminated from employment as a result of a ‘‘(vi) AUTOMATIC FINAL NOTICE.— prosecution under subsection (f)(1). final nonconfirmation notice may, not later

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than 60 days after the date of such termi- ‘‘(i) IN GENERAL.—In cases in which such ‘‘(C) REPORT.—Not later than the date that nation, file an appeal of such notice. judicial review reverses the final determina- is 24 months after the date that not less than ‘‘(B) PROCEDURES.—The Secretary and tion of the Secretary made under paragraph $400,000,000 have been appropriated and made Commissioner of Social Security shall de- (10), the court shall compensate the indi- available to the Secretary to implement this velop procedures to review appeals filed vidual for lost wages. subsection, and annually thereafter, the under subparagraph (A) and to make final ‘‘(ii) CALCULATION OF LOST WAGES.—Lost Comptroller General shall submit to Con- determinations on such appeals. wages shall be calculated based on the wage gress a report containing the findings of the ‘‘(C) REVIEW FOR ERRORS.—If a final deter- rate and work scheduled that prevailed prior study carried out under this paragraph. Each mination on an appeal filed under subpara- to termination. The individual shall be com- such report shall include, at a minimum, the graph (A) results in a confirmation of an in- pensated for wages lost beginning on the following: dividual’s eligibility to work in the United first scheduled work day after employment ‘‘(i) An assessment of the annual report States, the administrative review process was terminated and ending 180 days after and certification described in paragraph shall require the Secretary to determine if completion of the judicial review described (8)(E)(ii). the final nonconfirmation notice issued for in this paragraph or the day after the indi- ‘‘(ii) An assessment of System performance the individual was the result of— vidual is reinstated or obtains employment with respect to the rate at which individuals ‘‘(i) an error or negligence on the part of elsewhere, whichever occurs first. who are eligible for employment in the an employee or official operating or respon- United States are correctly approved within ‘‘(12) LIMITATION ON COLLECTION AND USE OF sible for the System; each of the periods specified in paragraph (8), DATA.— ‘‘(ii) the decision rules, processes, or proce- including a separate assessment of such rate ‘‘(A) LIMITATION ON COLLECTION OF DATA.— dures utilized by the System; or for nationals and aliens. ‘‘(i) IN GENERAL.—The System shall collect ‘‘(iii) erroneous system information that ‘‘(iii) An assessment of the privacy and se- and maintain only the minimum data nec- was not the result of acts or omissions of the curity of the System and its effects on iden- essary to facilitate the successful operation individual. tity fraud or the misuse of personal data. of the System, and in no case shall the data ‘‘(D) COMPENSATION FOR ERROR.— ‘‘(iv) An assessment of the effects of the be other than— ‘‘(i) IN GENERAL.—If the Secretary makes a System on the employment of unauthorized ‘‘(I) information necessary to register em- determination under subparagraph (C) that aliens. the final nonconfirmation notice issued for ployers under paragraph (5); ‘‘(v) An assessment of the effects of the an individual was not caused by an act or ‘‘(II) information necessary to initiate and System, including the effects of tentative omission of the individual, the Secretary respond to inquiries or contests under para- confirmations, on unfair immigration-re- shall compensate the individual for lost graph (8); lated employment practices and employment wages. ‘‘(III) information necessary to establish discrimination based on national origin or ‘‘(ii) CALCULATION OF LOST WAGES.—Lost and enforce compliance with paragraphs (5) citizenship status. wages shall be calculated based on the wage and (8); ‘‘(vi) An assessment of whether the Sec- rate and work schedule that prevailed prior ‘‘(IV) information necessary to detect and retary and the Commissioner of Social Secu- to termination. The individual shall be com- prevent employment related identity fraud; rity have adequate resources to carry out pensated for wages lost beginning on the and the duties and responsibilities of this sec- first scheduled work day after employment ‘‘(V) such other information the Secretary tion. was terminated and ending 180 days after determines is necessary, subject to a 180 day ‘‘(e) COMPLIANCE.— completion of the administrative review notice and comment period in the Federal ‘‘(1) COMPLAINTS AND INVESTIGATIONS.—The process described in this paragraph or the Register. Secretary shall establish procedures— day after the individual is reinstated or ob- ‘‘(ii) PENALTIES.—Any officer, employee, or ‘‘(A) for individuals and entities to file tains employment elsewhere, whichever oc- contractor who willfully and knowingly col- complaints regarding potential violations of curs first. lects and maintains data in the System subsection (a); ‘‘(E) LIMITATION ON COMPENSATION.—For other than data described in clause (i) shall ‘‘(B) for the investigation of such com- purposes of determining an individual’s com- be guilty of a misdemeanor and fined not plaints that the Secretary determines are pensation for the loss of employment, such more than $1,000 for each violation. appropriate to investigate; and compensation shall not include any period in ‘‘(B) LIMITATION ON USE OF DATA.—Whoever ‘‘(C) for the investigation of other viola- which the individual was ineligible for em- willfully and knowingly accesses, discloses, tions of subsection (a) that the Secretary de- ployment in the United States. or uses any information obtained or main- termines is appropriate. ‘‘(F) SOURCE OF FUNDS.—Compensation or tained by the System— ‘‘(2) AUTHORITY IN INVESTIGATIONS.— reimbursement provided under this para- ‘‘(i) for the purpose of committing identity ‘‘(A) IN GENERAL.—In conducting investiga- graph shall not be provided from funds ap- fraud, or assisting another person in com- tions and hearings under this subsection, of- propriated in annual appropriations Acts to mitting identity fraud, as defined in section ficers and employees of the Department of the Secretary for the Department of Home- 1028 of title 18, United States Code; Homeland Security— land Security. ‘‘(ii) for the purpose of unlawfully obtain- ‘‘(i) shall have reasonable access to exam- ‘‘(11) JUDICIAL REVIEW.— ing employment in the United States or un- ine evidence regarding any employer being ‘‘(A) IN GENERAL.—After the Secretary lawfully obtaining employment in the investigated; and makes a final determination on an appeal United States for any other person; or ‘‘(ii) if designated by the Secretary, may filed by an individual under the administra- ‘‘(iii) for any purpose other than as pro- compel by subpoena the attendance of wit- tive review process described in paragraph vided for under any provision of law; nesses and the production of evidence at any (10), the individual may obtain judicial re- shall be guilty of a felony and upon convic- designated place in an investigation or case view of such determination by a civil action tion shall be fined under title 18, United under this subsection. commenced not later than 60 days after the States Code, or imprisoned for not more than ‘‘(B) FAILURE TO COOPERATE.—In case of re- date of such decision, or such further time as 5 years, or both. fusal to obey a subpoena lawfully issued the Secretary may allow. ‘‘(C) EXCEPTIONS.—Nothing in subpara- under subparagraph (A)(ii), the Secretary ‘‘(B) JURISDICTION.—A civil action for such graph (A) or (B) may be construed to limit may request that the Attorney General judicial review shall be brought in the dis- the collection, maintenance, or use of data apply in an appropriate district court of the trict court of the United States for the judi- by the Commissioner of Internal Revenue or United States for an order requiring compli- cial district in which the plaintiff resides, or the Commissioner of Social Security as pro- ance with such subpoena, and any failure to has a principal place of business, or, if the vided by law. obey such order may be punished by such plaintiff does not reside or have a principal ‘‘(13) MODIFICATION AUTHORITY.—The Sec- court as contempt. place of business within any such judicial retary, after notice is submitted to Congress ‘‘(C) DEPARTMENT OF LABOR.—The Sec- district, in the District Court of the United and provided to the public in the Federal retary of Labor shall have the investigative States for the District of Columbia. Register, is authorized to modify the re- authority provided under section 11(a) of the ‘‘(C) ANSWER.—As part of the Secretary’s quirements of this subsection with respect to Fair Labor Standards Act of 1938 (29 U.S.C. answer to a complaint for such judicial re- completion of forms, method of storage, at- 211(a)) to ensure compliance with the provi- view, the Secretary shall file a certified copy testations, copying of documents, signa- sions of this section. of the administrative record compiled during tures, methods of transmitting information, ‘‘(3) COMPLIANCE PROCEDURES.— the administrative review under paragraph and other operational and technical aspects ‘‘(A) PREPENALTY NOTICE.—If the Secretary (10), including the evidence upon which the to improve the efficiency, accuracy, and se- has reasonable cause to believe that there findings and decision complained of are curity of the System. has been a violation of a requirement of this based. The court shall have power to enter, ‘‘(14) ANNUAL GAO STUDY AND REPORT.— section and determines that further pro- upon the pleadings and transcript of the ‘‘(A) REQUIREMENT.—The Comptroller Gen- ceedings related to such violation are war- record, a judgment affirming or reversing eral of the United States shall conduct an ranted, the Secretary shall issue to the em- the result of that administrative review, annual study of the System. ployer concerned a written notice of the Sec- with or without remanding the cause for a ‘‘(B) PURPOSE.—The study shall evaluate retary’s intention to issue a claim for a fine rehearing. the accuracy, efficiency, integrity, and im- or other penalty. Such notice shall— ‘‘(D) COMPENSATION FOR ERROR.— pact of the System. ‘‘(i) describe the violation;

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S953 ‘‘(ii) specify the laws and regulations alleg- tions, including violations of cease and de- dividual to post a bond or security, to pay or edly violated; sist orders, specially designed compliance agree to pay an amount, or otherwise to pro- ‘‘(iii) specify the amount of fines or other plans to prevent further violations, sus- vide a financial guarantee or indemnity, penalties to be imposed; pended fines to take effect in the event of a against any potential liability arising under ‘‘(iv) disclose the material facts which es- further violation, and in appropriate cases, this section relating to such hiring, recruit- tablish the alleged violation; and the criminal penalty described in subsection ing, or referring of the individual. ‘‘(v) inform such employer that the em- (f). ‘‘(2) CIVIL PENALTY.—Any employer which ployer shall have a reasonable opportunity ‘‘(5) JUDICIAL REVIEW.—An employer ad- is determined, after notice and opportunity to make representations as to why a claim versely affected by a final determination for mitigation of the monetary penalty for a monetary or other penalty should not may, within 45 days after the date the final under subsection (e), to have violated para- be imposed. determination is issued, file a petition in any graph (1) of this subsection shall be subject ‘‘(B) REMISSION OR MITIGATION OF PEN- appropriate district court of the United to a civil penalty of $10,000 for each violation ALTIES.— States. The filing of a petition as provided in and to an administrative order requiring the ‘‘(i) REVIEW BY SECRETARY.—If the Sec- this paragraph shall stay the Secretary’s de- return of any amounts received in violation retary determines that such fine or other termination until entry of judgment by the of such paragraph to the employee or, if the penalty was incurred erroneously, or deter- court. The burden shall be on the employer employee cannot be located, to the Employer mines the existence of such mitigating cir- to show that the final determination was not Compliance Fund established under section cumstances as to justify the remission or supported by substantial evidence. The Sec- 286(w). mitigation of such fine or penalty, the Sec- retary is authorized to require that the peti- retary may remit or mitigate such fine or tioner provide, prior to filing for review, se- ‘‘(i) PROHIBITION ON AWARD OF GOVERNMENT other penalty on the terms and conditions as curity for payment of fines and penalties CONTRACTS, GRANTS, AND AGREEMENTS.— the Secretary determines are reasonable and through bond or other guarantee of payment ‘‘(1) EMPLOYERS WITH NO CONTRACTS, just, or order termination of any proceedings acceptable to the Secretary. GRANTS, OR AGREEMENTS.— related to the notice. ‘‘(6) ENFORCEMENT OF ORDERS.—If an em- ‘‘(A) IN GENERAL.—If an employer who does ‘‘(ii) APPLICABILITY.—This subparagraph ployer fails to comply with a final deter- not hold a Federal contract, grant, or coop- may not apply to an employer that has or is mination issued against that employer under erative agreement is determined by the Sec- engaged in a pattern or practice of violations this subsection, and the final determination retary to be a repeat violator of this section of paragraph (1), (2), or (3) of subsection (a) is not subject to review as provided in para- or is convicted of a crime under this section, or of any other requirements of this section. graph (5), the Attorney General may file suit the employer shall be debarred from the re- ‘‘(C) PENALTY CLAIM.—After considering to enforce compliance with the final deter- ceipt of a Federal contract, grant, or cooper- evidence and representations offered by the mination, not earlier than 46 days and not ative agreement for a period of 5 years. The employer, the Secretary shall determine later than 180 days after the date the final Secretary or the Attorney General shall ad- whether there was a violation and promptly determination is issued, in any appropriate vise the Administrator of General Services of issue a written final determination setting district court of the United States. In any such a debarment, and the Administrator of forth the findings of fact and conclusions of such suit, the validity and appropriateness of General Services shall list the employer on law on which the determination is based and the final determination shall not be subject the List of Parties Excluded from Federal the appropriate penalty. to review. Procurement and Nonprocurement Programs ‘‘(4) CIVIL PENALTIES.— ‘‘(7) RECOVERY OF COSTS AND ATTORNEY’S for a period of 5 years. ‘‘(A) HIRING OR CONTINUING TO EMPLOY UN- FEES.—In any appeal brought under para- ‘‘(B) WAIVER.—The Administrator of Gen- AUTHORIZED ALIENS.—Any employer that vio- graph (5) or suit brought under paragraph (6) eral Services, in consultation with the Sec- lates any provision of paragraph (1), (2), or of this section the employer shall be entitled retary and the Attorney General, may waive (3) of subsection (a) shall pay civil penalties to recover from the Secretary reasonable operation of this subsection or may limit the as follows: costs and attorney’s fees if such employer duration or scope of the debarment. ‘‘(i) Pay a civil penalty of not less than substantially prevails on the merits of the ‘‘(2) EMPLOYERS WITH CONTRACTS, GRANTS, $500 and not more than $4,000 for each unau- case. Such an award of attorney’s fees may thorized alien with respect to each such vio- OR AGREEMENTS.— not exceed $25,000. Any such costs and attor- ‘‘(A) IN GENERAL.—An employer who holds lation. ney’s fees assessed against the Secretary ‘‘(ii) If the employer has previously been a Federal contract, grant, or cooperative shall be charged against the operating ex- agreement and is determined by the Sec- fined 1 time during the 12-month period pre- penses of the Department for the fiscal year ceding the violation under this subpara- retary to be a repeat violator of this section in which the assessment is made, and may graph, pay a civil penalty of not less than or is convicted of a crime under this section, not be reimbursed from any other source. shall be debarred from the receipt of new $4,000 and not more than $10,000 for each un- ‘‘(f) CRIMINAL PENALTIES AND INJUNCTIONS authorized alien with respect to each such Federal contracts, grants, or cooperative FOR PATTERN OR PRACTICE VIOLATIONS.— agreements for a period of 5 years. violation. ‘‘(1) CRIMINAL PENALTY.—An employer that ‘‘(B) NOTICE TO AGENCIES.—Prior to debar- ‘‘(iii) If the employer has previously been engages in a pattern or practice of knowing ring the employer under subparagraph (A), fined more than 1 time during the 24-month violations of subsection (a)(1)(A) or (a)(2) the Secretary, in cooperation with the Ad- period preceding the violation under this shall be fined not more than $20,000 for each ministrator of General Services, shall advise subparagraph or has failed to comply with a unauthorized alien with respect to whom any agency or department holding a con- previously issued and final order related to such a violation occurs, imprisoned for not tract, grant, or cooperative agreement with any such provision, pay a civil penalty of not more than 3 years for the entire pattern or less than $6,000 and not more than $20,000 for the employer of the Government’s intention practice, or both. each unauthorized alien with respect to each to debar the employer from the receipt of ‘‘(2) ENJOINING OF PATTERN OR PRACTICE such violation. new Federal contracts, grants, or coopera- VIOLATIONS.—If the Secretary or the Attor- ‘‘(B) RECORDKEEPING OR VERIFICATION PRAC- tive agreements for a period of 5 years. ney General has reasonable cause to believe TICES.—Any employer that violates or fails ‘‘(C) WAIVER.—After consideration of the that an employer is engaged in a pattern or to comply with the recordkeeping require- views of any agency or department that practice of employment, recruitment, or re- ments of subsections (a), (c), and (d), shall holds a contract, grant, or cooperative agree- ferral in violation of paragraph (1)(A) or (2) pay a civil penalty as follows: ment with the employer, the Secretary may, of subsection (a), the Attorney General may ‘‘(i) Pay a civil penalty of not less than in lieu of debarring the employer from the bring a civil action in the appropriate dis- $200 and not more than $2,000 for each such receipt of new Federal contracts, grants, or trict court of the United States requesting a violation. cooperative agreements for a period of 5 permanent or temporary injunction, re- ‘‘(ii) If the employer has previously been years, waive operation of this subsection, straining order, or other order against the fined 1 time during the 12-month period pre- limit the duration or scope of the debarment, employer, as the Secretary deems necessary. ceding the violation under this subpara- ‘‘(g) ADJUSTMENT FOR INFLATION.—All pen- or may refer to an appropriate lead agency graph, pay a civil penalty of not less than alties and limitations on the recovery of the decision of whether to debar the em- $400 and not more than $4,000 for each such costs and attorney’s fees in this section shall ployer, for what duration, and under what violation. be increased every 4 years beginning January scope in accordance with the procedures and ‘‘(iii) If the employer has previously been 2010 to reflect the percentage increase in the standards prescribed by the Federal Acquisi- fined more than 1 time during the 24-month consumer price index for all urban con- tion Regulation. However, any proposed de- period preceding the violation under this sumers (all items; U.S. city average) for the barment predicated on an administrative de- subparagraph or has failed to comply with a 48 month period ending with September of termination of liability for civil penalty by previously issued and final order related to the year preceding the year such adjustment the Secretary or the Attorney General shall such requirements, pay a civil penalty of not is made. Any adjustment under this subpara- not be reviewable in any debarment pro- less than $600 and not more than $6,000 for graph shall be rounded to the nearest dollar. ceeding. The decision of whether to debar or each such violation. ‘‘(h) PROHIBITION OF INDEMNITY BONDS.— take alternate action under this subpara- ‘‘(C) OTHER PENALTIES.—Notwithstanding ‘‘(1) PROHIBITION.—It is unlawful for an em- graph shall not be judicially reviewed. subparagraphs (A) and (B), the Secretary ployer, in the hiring, recruiting, or referring ‘‘(3) SUSPENSION.—Indictments for viola- may impose additional penalties for viola- for a fee, of an individual, to require the in- tions of this section or adequate evidence of

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actions that could form the basis for debar- (2) DOCUMENT REQUIREMENTS.—Section 274B turn required by reason of section 6051 dur- ment under this subsection shall be consid- of the Immigration and Nationality Act (8 ing calendar year 2006, 2007, or 2008 which ered a cause for suspension under the proce- U.S.C. 1324b) is amended— contains— dures and standards for suspension pre- (A) in subsections (a)(6) and (g)(2)(B), by ‘‘(I) more than 100 names and taxpayer scribed by the Federal Acquisition Regula- striking ‘‘274A(b)’’ and inserting ‘‘274A(c) and identifying numbers of employees (within tion. (d)’’; and the meaning of such section) that did not ‘‘(j) MISCELLANEOUS PROVISIONS.— (B) in subsection (g)(2)(B)(ii), by striking match the records maintained by the Com- ‘‘(1) DOCUMENTATION.—In providing docu- ‘‘274A(b)(5)’’ and inserting ‘‘274A(c)’’. missioner of Social Security, or mentation or endorsement of authorization (d) AMENDMENTS TO THE SOCIAL SECURITY ‘‘(II) more than 10 names of employees of aliens eligible to be employed in the ACT.—Section 205(c)(2) of the Social Security (within the meaning of such section) with United States, the Secretary shall provide Act (42 U.S.C. 405(c)(2)) is amended by adding the same taxpayer identifying number. that any limitations with respect to the pe- at the end the following new subparagraphs: ‘‘(ii) DISCLOSURE OF INFORMATION REGARD- riod or type of employment or employer ‘‘(I)(i) The Commissioner of Social Secu- ING USE OF DUPLICATE EMPLOYEE TAXPAYER shall be conspicuously stated on the docu- rity shall, subject to the provisions of sec- IDENTIFYING INFORMATION.—Taxpayer iden- mentation or endorsement (other than aliens tion 201(f)(2) of the Fair Minimum Wage Act tity information of each person who has filed lawfully admitted for permanent residence). of 2007, establish a reliable, secure method to an information return required by reason of ‘‘(2) PREEMPTION.—The provisions of this provide through the Electronic Employment section 6051 which the Commissioner of So- section preempt any State or local law im- Verification System established pursuant to cial Security has reason to believe, based on posing civil or criminal sanctions (other subsection (d) of section 274A of the Immi- a comparison with information submitted by than through licensing and similar laws) gration and Nationality Act (referred to in the Secretary of Homeland Security, con- upon those who employ, or recruit or refer this subparagraph as the ‘System’), within tains evidence of identity fraud due to the for a fee for employment, unauthorized the time periods required by paragraph (8) of multiple use of the same taxpayer identi- aliens. such subsection— fying number (assigned under section 6109) of ‘‘(k) DEPOSIT OF AMOUNTS RECEIVED.—Ex- ‘‘(I) a determination of whether the name, an employee (within the meaning of section cept as otherwise specified, civil penalties date of birth, employer identification num- 6051). collected under this section shall be depos- ber, and social security account number of ‘‘(iii) DISCLOSURE OF INFORMATION REGARD- ited by the Secretary into the Employer an individual provided in an inquiry made to ING NONPARTICIPATING EMPLOYERS.—Taxpayer Compliance Fund established under section the System by an employer is consistent identity information of each person who has 286(w). with such information maintained by the filed an information return required by rea- ‘‘(l) DEFINITIONS.—In this section: Commissioner in order to confirm the valid- son of section 6051 which the Commissioner ‘‘(1) EMPLOYER.—The term ‘employer’ ity of the information provided; of Social Security has reason to believe, means any person or entity, including any ‘‘(II) a determination of the citizenship based on a comparison with information sub- entity of the Government of the United status associated with such name and social mitted by the Secretary of Homeland Secu- States, hiring, recruiting, or referring an in- security account number, according to the rity, contains evidence of such person’s fail- dividual for employment in the United records maintained by the Commissioner; ure to register and participate in the Elec- States. ‘‘(III) a determination of whether the name tronic Employment Verification System au- ‘‘(2) SECRETARY.—Except as otherwise pro- and number belongs to an individual who is thorized under section 274A(d) of the Immi- vided, the term ‘Secretary’ means the Sec- deceased, according to the records main- gration and Nationality Act (hereafter in retary of Homeland Security. tained by the Commissioner; this paragraph referred to as the ‘System’). ‘‘(3) UNAUTHORIZED ALIEN.—The term ‘un- ‘‘(IV) a determination of whether the name ‘‘(iv) DISCLOSURE OF INFORMATION REGARD- authorized alien’ means, with respect to the and number is blocked in accordance with ING NEW EMPLOYEES OF NONPARTICIPATING EM- employment of an alien at a particular time, clause (ii); and PLOYERS.—Taxpayer identity information of that the alien is not at that time either— ‘‘(V) a confirmation notice or a noncon- all employees (within the meaning of section ‘‘(A) an alien lawfully admitted for perma- firmation notice described in such paragraph 6051) hired after the date a person identified nent residence; or (8), in a manner that ensures that other in- in clause (iii) is required to participate in ‘‘(B) authorized to be so employed by this formation maintained by the Commissioner the System under section 274A(d)(2) or sec- Act or by the Secretary.’’. is not disclosed or released to employers tion 274A(d)(3)(B) of the Immigration and Na- (b) CONFORMING AMENDMENTS.— through the System. tionality Act. (1) AMENDMENTS.— ‘‘(ii) The Commissioner of Social Security ‘‘(v) DISCLOSURE OF INFORMATION REGARD- (A) REPEAL OF BASIC PILOT.—Sections 401, shall prevent the fraudulent or other misuse ING EMPLOYEES OF CERTAIN DESIGNATED EM- 402, 403, 404, and 405 of the Illegal Immigra- of a social security account number by es- PLOYERS.—Taxpayer identity information of tion Reform and Immigrant Responsibility tablishing procedures under which an indi- all employees (within the meaning of section Act of 1996 (division C of Public Law 104–208; vidual who has been assigned a social secu- 6051) of each person who is required to par- 8 U.S.C. 1324a note) are repealed. rity account number may block the use of ticipate in the System under section (B) REPEAL OF REPORTING REQUIREMENTS.— such number under the System and remove 274A(d)(3)(B) of the Immigration and Nation- (i) REPORT ON EARNINGS OF ALIENS NOT AU- such block. ality Act. THORIZED TO WORK.—Subsection (c) of section ‘‘(J) In assigning social security account ‘‘(vi) DISCLOSURE OF NEW HIRE TAXPAYER 290 of the Immigration and Nationality Act numbers to aliens who are authorized to IDENTITY INFORMATION.—Taxpayer identity (8 U.S.C. 1360) is repealed. work in the United States under section 218A information of each person participating in (ii) REPORT ON FRAUDULENT USE OF SOCIAL of the Immigration and Nationality Act, the the System and taxpayer identity informa- SECURITY ACCOUNT NUMBERS.—Subsection (b) Commissioner of Social Security shall, to tion of all employees (within the meaning of of section 414 of the Illegal Immigration Re- the maximum extent practicable, assign section 6051) of such person hired during the form and Immigrant Responsibility Act of such numbers by employing the enumeration period beginning with the later of— 1996 (division C of Public Law 104–208; 8 procedure administered jointly by the Com- ‘‘(I) the date such person begins to partici- U.S.C. 1360 note) is repealed. missioner, the Secretary of State, and the pate in the System, or (2) CONSTRUCTION.—Nothing in this sub- Secretary.’’. ‘‘(II) the date of the request immediately section or in subsection (d) of section 274A of (e) DISCLOSURE OF CERTAIN TAXPAYER IDEN- preceding the most recent request under this the Immigration and Nationality Act, as TITY INFORMATION.— clause, amended by subsection (a), may be construed (1) IN GENERAL.—Section 6103(l) of the In- ending with the date of the most recent re- to limit the authority of the Secretary of ternal Revenue Code of 1986 is amended by quest under this clause. Homeland Security to allow or continue to adding at the end the following new para- ‘‘(B) RESTRICTION ON DISCLOSURE.—The allow the participation of employers who graph: Commissioner of Social Security shall dis- participated in the basic pilot program under ‘‘(21) DISCLOSURE OF CERTAIN TAXPAYER close taxpayer identity information under sections 401, 402, 403, 404, and 405 of the Ille- IDENTITY INFORMATION BY SOCIAL SECURITY subparagraph (A) only for purposes of, and to gal Immigration Reform and Immigrant Re- ADMINISTRATION TO DEPARTMENT OF HOME- the extent necessary in— sponsibility Act of 1996 (division C of Public LAND SECURITY.— ‘‘(i) establishing and enforcing employer Law 104–208; 8 U.S.C. 1324a note) in the Elec- ‘‘(A) IN GENERAL.—From taxpayer identity participation in the System, tronic Employment Verification System es- information which has been disclosed to the ‘‘(ii) carrying out, including through civil tablished pursuant to such subsection (d). Social Security Administration and upon administrative and civil judicial pro- (c) TECHNICAL AMENDMENTS.— written request by the Secretary of Home- ceedings, of sections 212, 217, 235, 237, 238, (1) DEFINITION OF UNAUTHORIZED ALIEN.— land Security, the Commissioner of Social 274A, 274B, and 274C of the Immigration and The Immigration and Nationality Act is Security shall disclose directly to officers, Nationality Act, and amended in sections 218(i)(1) (8 U.S.C. employees, and contractors of the Depart- ‘‘(iii) the civil operation of the Alien Ter- 1188(i)(1)), 245(c)(8) (8 U.S.C. 1255(c)(8)), ment of Homeland Security the following in- rorist Removal Court. 274(a)(3)(B)(i) (8 U.S.C. 1324(a)(3)(B)(i)), and formation: ‘‘(C) REIMBURSEMENT.—The Commissioner 274B(a)(1) (8 U.S.C. 1324b(a)(1)) are amended ‘‘(i) DISCLOSURE OF EMPLOYER NO-MATCH NO- of Social Security shall prescribe a reason- by striking ‘‘274A(h)(3)’’ and inserting TICES.—Taxpayer identity information of able fee schedule for furnishing taxpayer ‘‘274A’’. each person who has filed an information re- identity information under this paragraph

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and collect such fees in advance from the (1) IN GENERAL.—The amendments made by ‘‘(iii) admitted as a refugee under section Secretary of Homeland Security. subsections (a), (b), (c), and (d) shall take ef- 207; ‘‘(D) TERMINATION.—This paragraph shall fect on the date that is 180 days after the ‘‘(iv) granted asylum under section 208; not apply to any request made after the date date of the enactment of this Act. ‘‘(v) granted the status of a nonimmigrant which is 3 years after the date of the enact- (2) SUBSECTION (e).— under section 101(a)(15)(H)(ii)(c); ment of this paragraph.’’. (A) IN GENERAL.—The amendments made ‘‘(vi) granted temporary protected status (2) COMPLIANCE BY DHS CONTRACTORS WITH by subsection (e) shall apply to disclosures under section 244; or CONFIDENTIALITY SAFEGUARDS.— made after the date of the enactment of this ‘‘(vii) granted parole under section (A) IN GENERAL.—Section 6103(p) of such Act. 212(d)(5).’’. Code is amended by adding at the end the (B) CERTIFICATIONS.—The first certification (c) REQUIREMENTS FOR ELECTRONIC EMPLOY- following new paragraph: under section 6103(p)(9)(D) of the Internal MENT VERIFICATION.—Section 274B(a) of the ‘‘(9) DISCLOSURE TO DHS CONTRACTORS.— Revenue Code of 1986, as added by subsection Immigration and Nationality Act (8 U.S.C. Notwithstanding any other provision of this (e)(2), shall be made with respect to calendar 1324b(a)) is amended by adding at the end the section, no return or return information year 2008. following: shall be disclosed to any contractor of the SEC. 202. EMPLOYER COMPLIANCE FUND. ‘‘(7) ANTIDISCRIMINATION REQUIREMENTS OF Department of Homeland Security unless Section 286 of the Immigration and Nation- THE ELECTRONIC EMPLOYMENT VERIFICATION such Department, to the satisfaction of the ality Act (8 U.S.C. 1356) is amended by add- SYSTEM.—It is an unfair immigration-related Secretary— ing at the end the following new subsection: employment practice for a person or other ‘‘(A) has requirements in effect which re- ‘‘(w) EMPLOYER COMPLIANCE FUND.— entity, in the course of the electronic quire each such contractor which would have ‘‘(1) IN GENERAL.—There is established in verification process described in section access to returns or return information to the general fund of the Treasury, a separate 274A(d)— provide safeguards (within the meaning of account, which shall be known as the ‘Em- ‘‘(A) to terminate or undertake any ad- paragraph (4)) to protect the confidentiality ployer Compliance Fund’ (referred to in this verse employment action due to a tentative of such returns or return information, subsection as the ‘Fund’). nonconfirmation; ‘‘(B) agrees to conduct an on-site review ‘‘(2) DEPOSITS.—There shall be deposited as ‘‘(B) to use the verification system for every 3 years (mid-point review in the case of offsetting receipts into the Fund all civil screening of an applicant prior to an offer of contracts or agreements of less than 1 year monetary penalties collected by the Sec- employment; in duration) of each contractor to determine retary of Homeland Security under section ‘‘(C) except as described in section compliance with such requirements, 274A. 274A(d)(3)(B), to use the verification system ‘‘(C) submits the findings of the most re- ‘‘(3) PURPOSE.—Amounts refunded to the for a current employee after the first 3 days cent review conducted under subparagraph Secretary from the Fund shall be used for of employment, or for the reverification of (B) to the Secretary as part of the report re- the purposes of enhancing and enforcing em- an employee after the employee has satisfied ployer compliance with section 274A. quired by paragraph (4)(E), and the process described in section 274A(d); or ‘‘(4) AVAILABILITY OF FUNDS.—Amounts de- ‘‘(D) certifies to the Secretary for the most ‘‘(D) to require an individual to make an posited into the Fund shall remain available recent annual period that such contractor is inquiry under the self-verification proce- until expended and shall be refunded out of in compliance with all such requirements. dures established in section the Fund by the Secretary of the Treasury, ‘‘The certification required by subpara- 274A(d)(8)(E)(iii).’’. at least on a quarterly basis, to the Sec- graph (D) shall include the name and address (d) INCREASE IN CIVIL MONEY PENALTIES.— retary of Homeland Security.’’. of each contractor, a description of the con- Section 274B(g)(2) of the Immigration and tract or agreement with such contractor, SEC. 203. ADDITIONAL WORKSITE ENFORCEMENT Nationality Act (8 U.S.C. 1324b(g)(2)) is AND FRAUD DETECTION AGENTS. and the duration of such contract or agree- amended— (a) INCREASE IN NUMBER OF PERSONNEL.— (1) in subparagraph (B)(iv)— ment.’’. The Secretary of Homeland Security shall, (3) CONFORMING AMENDMENTS.— subject to the availability of appropriations (A) in subclause (I), by striking ‘‘$250 and (A) Section 6103(a)(3) of such Code is for such purpose, annually increase, by not not more than $2,000’’ and inserting ‘‘$1,000 amended by striking ‘‘or (20)’’ and inserting less than 2,200, the number of personnel of and not more than $4,000’’; ‘‘(20), or (21)’’. the Bureau of Immigration and Customs En- (B) in subclause (II), by striking ‘‘$2,000 (B) Section 6103(p)(3)(A) of such Code is forcement during the 5-year period beginning and not more than $5,000’’ and inserting amended by adding at the end the following on the date of the enactment of this Act. ‘‘$4,000 and not more than $10,000’’; new sentence: ‘‘The Commissioner of Social (b) USE OF PERSONNEL.—The Secretary of (C) in subclause (III), by striking ‘‘$3,000 Security shall provide to the Secretary such Homeland Security shall ensure that not less and not more than $10,000’’ and inserting information as the Secretary may require in than 25 percent of all the hours expended by ‘‘$6,000 and not more than $20,000’’; and carrying out this paragraph with respect to personnel of the Bureau of Immigration and (D) in subclause (IV), by striking ‘‘$100 and return information inspected or disclosed Customs Enforcement shall be used to en- not more than $1,000’’ and inserting ‘‘$500 and under the authority of subsection (l)(21).’’. force compliance with sections 274A and 274C not more than $5,000’’. (C) Section 6103(p)(4) of such Code is of the Immigration and Nationality Act (8 (e) INCREASED FUNDING OF INFORMATION amended— U.S.C. 1324a and 1324c). CAMPAIGN.—Section 274B(l)(3) of the Immi- (i) by striking ‘‘or (17)’’ both places it ap- (c) AUTHORIZATION OF APPROPRIATIONS.— gration and Nationality Act (8 U.S.C. pears and inserting ‘‘(17), or (21)’’, and There are authorized to be appropriated to 1324b(l)(3)) is amended by inserting ‘‘and an (ii) by striking ‘‘or (20)’’ each place it ap- the Secretary of Homeland Security for each additional $40,000,000 for each of fiscal years pears and inserting ‘‘(20), or (21)’’. of the fiscal years 2008 through 2012 such 2008 through 2010’’ before the period at the (D) Section 6103(p)(8)(B) of such Code is sums as may be necessary to carry out this end. amended by inserting ‘‘or paragraph (9)’’ section. (f) EFFECTIVE DATE.—The amendments after ‘‘subparagraph (A)’’. SEC. 204. CLARIFICATION OF INELIGIBILITY FOR made by this section shall take effect on the (E) Section 7213(a)(2) of such Code is MISREPRESENTATION. date that is 180 days after the date of the en- amended by striking ‘‘or (20)’’ and inserting Section 212(a)(6)(C)(ii)(I) of the Immigra- actment of this Act and shall apply to viola- ‘‘(20), or (21)’’. tion and Nationality Act (8 U.S.C. tions occurring on or after such date. 1182(a)(6)(C)(ii)(I)), is amended by striking (f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘citizen’’ and inserting ‘‘national’’. (1) IN GENERAL.—There are authorized to be SA 145. Mr. SESSIONS (for himself, SEC. 205. ANTIDISCRIMINATION PROTECTIONS. appropriated to the Secretary of Homeland Mr. INHOFE, and Mr. GRASSLEY) sub- (a) APPLICATION OF PROHIBITION OF DIS- Security such sums as are necessary to carry CRIMINATION TO VERIFICATION SYSTEM.—Sec- mitted an amendment intended to be out the amendments made by this section. tion 274B(a)(1) of the Immigration and Na- proposed by him to the bill H.R. 2, to (2) LIMITATION ON VERIFICATION RESPON- tionality Act (8 U.S.C. 1324b(a)(1)) is amend- amend the Fair Labor Standards Act of SIBILITIES OF COMMISSIONER OF SOCIAL SECU- ed by inserting ‘‘, the verification of the in- 1938 to provide for an increase in the RITY.—The Commissioner of Social Security dividual’s work authorization through the is authorized to perform activities with re- Federal minimum wage; which was or- Electronic Employment Verification System dered to lie on the table; as follows: spect to carrying out the Commissioner’s re- described in section 274A(d),’’ after ‘‘the indi- sponsibilities in this title or the amend- vidual for employment’’. At the appropriate place, insert the fol- ments made by this title, but only to the ex- (b) CLASSES OF ALIENS AS PROTECTED INDI- lowing: tent the Secretary of Homeland Security has VIDUALS.—Section 274B(a)(3)(B) of the Immi- SEC. ll. RESPONSIBLE GOVERNMENT CON- provided, in advance, funds to cover the gration and Nationality Act (8 U.S.C. TRACTOR REQUIREMENTS. Commissioner’s full costs in carrying out 1324b(a)(3)(B)) is amended to read as follows: Section 274A(e) of the Immigration and Na- such responsibilities. In no case shall funds ‘‘(B) is an alien who is— tionality Act (8 U.S.C. 1324a(e)) is amended from the Federal Old-Age and Survivors In- ‘‘(i) lawfully admitted for permanent resi- by adding at the end the following new para- surance Trust Fund or the Federal Disability dence; graph: Insurance Trust Fund be used to carry out ‘‘(ii) granted the status of an alien lawfully ‘‘(10) PROHIBITION ON AWARD OF GOVERN- such responsibilities. admitted for temporary residence under sec- MENT CONTRACTS, GRANTS, AND AGREE- (g) EFFECTIVE DATES.— tion 210(a) or 245(a)(1); MENTS.—

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‘‘(A) EMPLOYERS WITH NO CONTRACTS, employer of a debarment from the receipt of (5) in subsection (f)(2), by striking ‘‘Attor- GRANTS, OR AGREEMENTS.— a Federal contract, grant, or cooperative ney General’’ each place it appears and in- ‘‘(i) IN GENERAL.—Subject to clause (iii) agreement under subparagraph (A) or (B), serting ‘‘Secretary of Homeland Security’’. and subparagraph (C), if an employer who that penalty shall be waived if the employer (b) RETENTION AND USE OF EMPLOYMENT does not hold a Federal contract, grant, or establishes that the employer was volun- ELIGIBILITY VERIFICATION DOCUMENTS.— cooperative agreement is determined to have tarily participating in the basic pilot pro- (1) RETENTION.—Section 274A(b) of the Im- violated this section, the employer shall be gram under section 403(a) of the Illegal Im- migration and Nationality Act (8 U.S.C. debarred from the receipt of a Federal con- migration Reform and Immigrant Responsi- 1324a(b)) is amended by striking paragraph tract, grant, or cooperative agreement for a bility Act of 1996 (8 U.S.C. 1324a note) at the period of 7 years. time of the violations of this section that re- (4) and inserting the following: ‘‘(ii) PLACEMENT ON EXCLUDED LIST.—The sulted in the debarment.’’. ‘‘(4) COPYING AND RETENTION OF DOCUMENTA- Secretary of Homeland Security or the At- TION.— torney General shall advise the Adminis- SA 146. Mr. SESSIONS (for himself ‘‘(A) IN GENERAL.—A person or entity re- quired to examine a document described in trator of General Services of the debarment and Mr. INHOFE) submitted an amend- subparagraph (B), (C), or (D) of paragraph (1) of an employer under clause (i) and the Ad- ment intended to be proposed by him ministrator of General Services shall list the or receive an attestation described in para- employer on the List of Parties Excluded to the bill H.R. 2, to amend the Fair graph (2) shall retain a paper, microfiche, from Federal Procurement and Nonprocure- Labor Standards Act of 1938 to provide microfilm, or electronic version of each such ment Programs for a period of 7 years. for an increase in the Federal min- document and attestation, indicate that ‘‘(iii) WAIVER.— imum wage; which was ordered to lie each such version is a copied document, and ‘‘(I) AUTHORITY.—The Administrator of on the table; as follows: make such versions available for inspection General Services, in consultation with the At the appropriate place, insert the fol- by an officer of the Department of Homeland Secretary of Homeland Security and the At- lowing: Security or any other person designated by torney General, may waive operation of the Secretary, the Special Counsel for Immi- ll clause (i) or may limit the duration or scope SEC. . RESPONSIBLE EMPLOYER REQUIRE- gration-Related Unfair Employment Prac- MENTS. of a debarment under clause (i) if such waiv- tices of the Department of Justice, or the (a) PENALTIES FOR UNLAWFUL EMPLOYMENT er or limitation is necessary to national de- Secretary of Labor during the period begin- OF ALIENS.—Section 274A of the Immigration fense or in the interest of national security. ning on the date of the hiring, or recruiting and Nationality Act (8 U.S.C. 1324a) is ‘‘(II) NOTIFICATION TO CONGRESS.—If the Ad- or referring for a fee, of the individual and ministrator grants a waiver or limitation de- amended— (1) in subsection (e)(4)— ending— scribed in subclause (I), the Administrator ‘‘(i) in the case of the recruiting or referral shall submit to each member of the Com- (A) in subparagraph (A)(i), by striking ‘‘not less than $250 and not more than $2,000’’ and for a fee (without hiring) of an individual, 5 mittee on the Judiciary of the Senate and of years after the date of the recruiting or re- the Committee on the Judiciary of the House inserting ‘‘not less than $5000 and not more than $7,500’’; ferral; or of Representatives immediate notice of such ‘‘(ii) in the case of the hiring of an indi- waiver or limitation. (B) in subparagraph (A)(ii), by striking ‘‘not less than $2,000 and not more than vidual the later of— ‘‘(III) PROHIBITION ON JUDICIAL REVIEW.— ‘‘(I) 5 years after the date of such hiring; or The decision of whether to debar or take al- $5,000’’ and inserting ‘‘not less than $10,000 and not more than $15,000’’; and ‘‘(II) 1 year after the date the individual’s ternative action under this clause shall not employment is terminated. be judicially reviewed. (C) in subparagraph (A)(iii), by striking ‘‘(B) OTHER RECORDS.—Such person or enti- ‘‘(B) EMPLOYERS WITH CONTRACTS, GRANTS, ‘‘not less than $3,000 and not more than ty shall maintain records of any action OR AGREEMENTS.— $10,000’’ and inserting ‘‘not less than $25,000 taken and copies of any correspondence writ- ‘‘(i) IN GENERAL.—Subject to clause (iii) and not more than $40,00’’; ten or received with respect to the and subclause (C), an employer who holds a (2) in subsection (e)(5)— verification of an individual’s identity or eli- Federal contract, grant, or cooperative (A) by inserting ‘‘, subject to paragraph agreement and is determined to have vio- (10),’’ after ‘‘in an amount’’; gibility for employment in the United lated this section shall be debarred from the (B) by striking ‘‘$100 and not more than States.’’. receipt of new Federal contracts, grants, or $1,000’’ and inserting ‘‘$1,000 and not more (2) LIMITATION ON USE OF RETAINED DOCU- cooperative agreements for a period of 10 than $25,000’’; and MENTS.—Paragraph (5) of section 274A(b) of years. (C) by adding at the end the following sen- the Immigration and Nationality Act (8 ‘‘(ii) NOTICE TO AGENCIES.—Prior to debar- tence: ‘‘Providing information to the basic U.S.C. 1324a(b)) is amended— ring the employer under clause (i), the Sec- pilot program described in section 403(a) of (A) in the heading, by striking ‘‘LIMITATION retary of Homeland Security, in cooperation the Illegal Immigration Reform and Immi- ON USE OF ATTESTATION FORM’’ and inserting with the Administrator of General Services, grant Responsibility Act of 1996 (8 U.S.C. ‘‘ATTESTATION FORM’’; shall advise any agency or department hold- 1324a note) that the person or entity knows (B) by redesignating such paragraph (5) as ing a contract, grant, or cooperative agree- or reasonably believes to be false, shall be subparagraph (A); ment with the employer of the Government’s treated as a violation of subsection (a)(1)(A) (C) by indenting such subparagraph, as so intention to debar the employer from the re- and shall not qualify for the exemption pro- designated, six ems from the left margin; ceipt of new Federal contracts, grants, or co- vided by (e)(10).’’; (D) by inserting before such subparagraph, operative agreements for a period of 10 years. (3) by adding at the end of subsection (e) as so designated, the following: ‘‘(iii) WAIVER.— the following new paragraph: ‘‘(5) LIMITATION ON USE.—’’; and ‘‘(I) AUTHORITY.—After consideration of ‘‘(10) EXEMPTION FROM PENALTY FOR EM- (E) by inserting after such subparagraph, the views of any agency or department that PLOYERS PARTICIPATING IN THE BASIC PILOT as so designated, the following new subpara- holds a contract, grant, or cooperative agree- PROGRAM.—In the case of imposition of a graph: ment with the employer, the Administrator civil penalty under paragraph (4)(A) with re- ‘‘(B) RETAINED DOCUMENTS.—A person or of General Services, in consultation with the spect to a violation of subsection (a)(1)(A) or entity required to retain versions of docu- Secretary of Homeland Security and the At- (a)(2) for hiring or continuation of employ- ments or attestations or maintain records torney General, may waive operation of ment by an employer and in the case of im- under paragraph (4) shall use any such clause (i) or may limit the duration or scope position of a civil penalty under paragraph version, attestation, or record only for the of the debarment under clause (i) if such (5) for a violation of subsection (a)(1)(B) for purposes of complying with the requirements waiver or limitation is necessary to the na- hiring or recruitment or referral by a person of this subsection, except as otherwise per- tional defense or in the interest of national or entity, the penalty otherwise imposed mitted under law.’’. security. shall be waived if the violator establishes (c) EXTENSION OF THE BASIC PILOT PRO- ‘‘(II) NOTIFICATION TO CONGRESS.—If the Ad- that it was voluntarily participating in the ministrator grants a waiver or limitation de- basic pilot electronic verification program at GRAM.—Section 403(a) of the Illegal Immigra- scribed in subclause (I), the Administrator the time of the offense.’’; tion Reform and Immigrant Responsibility shall submit to each member of the Com- (4) by amending paragraph (1) of subsection Act of 1996 (8 U.S.C. 1324a note) is amended mittee on the Judiciary of the Senate and of (f) to read as follows: by adding at the end the following new para- the Committee on the Judiciary of the House ‘‘(1) CRIMINAL PENALTY.—Any person or en- graph: of Representatives immediate notice of such tity which engages in a pattern or practice ‘‘(5) INDIVIDUALS COVERED.—Notwith- waiver or limitation. of violations of paragraph (1) or (2) of sub- standing any other provision of this title, a ‘‘(III) PROHIBITION ON JUDICIAL REVIEW.— section (a) shall be fined not less than $3,000 person or other entity that elects to partici- The decision of whether to debar or take al- and more than $50,000 for each unauthorized pate in the basic pilot program shall follow ternate action under this clause shall not be alien with respect to which such a violation the procedures described in paragraphs (1) judicially reviewed. occurs, imprisoned for not less than one thorough (4) for each individual who the per- ‘‘(C) EXEMPTION FROM PENALTY FOR EM- year, or both, notwithstanding the provi- son or entity hires (or recruits or refers) for PLOYERS PARTICIPATING IN THE BASIC PILOT sions of any other Federal law relating to employment and for each individual who is PROGRAM.—In the case of imposition on an fine levels.’’; and employed by the person or entity.’’.

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S957 SA 147. Mr. SESSIONS (for himself ‘‘(A) IN GENERAL.—A person or entity re- SEC. ll. RESPONSIBLE GOVERNMENT CON- TRACTOR REQUIREMENTS. and Mr. INHOFE) submitted an amend- quired to examine a document described in Section 274A(e) of the Immigration and Na- ment intended to be proposed to subparagraph (B), (C), or (D) of paragraph (1) or receive an attestation described in para- tionality Act (8 U.S.C. 1324a(e)) is amended amendment SA 100 proposed by Mr. graph (2) shall retain a paper, microfiche, by adding at the end the following new para- REID (for Mr. BAUCUS) to the bill H.R. microfilm, or electronic version of each such graph: 2, to amend the Fair Labor Standards document and attestation, indicate that ‘‘(10) PROHIBITION ON AWARD OF GOVERN- Act of 1938 to provide for an increase in each such version is a copied document, and MENT CONTRACTS, GRANTS, AND AGREE- the Federal minimum wage; which was make such versions available for inspection MENTS.— ordered to lie on the table; as follows: by an officer of the Department of Homeland ‘‘(A) EMPLOYERS WITH NO CONTRACTS, GRANTS, OR AGREEMENTS.— At the appropriate place, insert the fol- Security or any other person designated by the Secretary, the Special Counsel for Immi- ‘‘(i) IN GENERAL.—Subject to clause (iii) lowing: gration-Related Unfair Employment Prac- and subparagraph (C), if an employer who SEC. ll. RESPONSIBLE EMPLOYER REQUIRE- tices of the Department of Justice, or the does not hold a Federal contract, grant, or MENTS. Secretary of Labor during the period begin- cooperative agreement is determined to have (a) PENALTIES FOR UNLAWFUL EMPLOYMENT ning on the date of the hiring, or recruiting violated this section, the employer shall be OF ALIENS.—Section 274A of the Immigration or referring for a fee, of the individual and debarred from the receipt of a Federal con- and Nationality Act (8 U.S.C. 1324a) is ending— tract, grant, or cooperative agreement for a amended— ‘‘(i) in the case of the recruiting or referral period of 7 years. (1) in subsection (e)(4)— for a fee (without hiring) of an individual, 5 ‘‘(ii) PLACEMENT ON EXCLUDED LIST.—The (A) in subparagraph (A)(i), by striking ‘‘not years after the date of the recruiting or re- Secretary of Homeland Security or the At- less than $250 and not more than $2,000’’ and ferral; or torney General shall advise the Adminis- inserting ‘‘not less than $5000 and not more ‘‘(ii) in the case of the hiring of an indi- trator of General Services of the debarment than $7,500’’; vidual the later of— of an employer under clause (i) and the Ad- (B) in subparagraph (A)(ii), by striking ‘‘(I) 5 years after the date of such hiring; or ministrator of General Services shall list the ‘‘not less than $2,000 and not more than ‘‘(II) 1 year after the date the individual’s employer on the List of Parties Excluded $5,000’’ and inserting ‘‘not less than $10,000 employment is terminated. from Federal Procurement and Nonprocure- and not more than $15,000’’; and ‘‘(B) OTHER RECORDS.—Such person or enti- ment Programs for a period of 7 years. (C) in subparagraph (A)(iii), by striking ty shall maintain records of any action ‘‘(iii) WAIVER.— ‘‘not less than $3,000 and not more than taken and copies of any correspondence writ- ‘‘(I) AUTHORITY.—The Administrator of $10,000’’ and inserting ‘‘not less than $25,000 ten or received with respect to the General Services, in consultation with the and not more than $40,00’’; verification of an individual’s identity or eli- Secretary of Homeland Security and the At- (2) in subsection (e)(5)— gibility for employment in the United torney General, may waive operation of (A) by inserting ‘‘, subject to paragraph States.’’. clause (i) or may limit the duration or scope (10),’’ after ‘‘in an amount’’; (2) LIMITATION ON USE OF RETAINED DOCU- of a debarment under clause (i) if such waiv- (B) by striking ‘‘$100 and not more than MENTS.—Paragraph (5) of section 274A(b) of er or limitation is necessary to national de- $1,000’’ and inserting ‘‘$1,000 and not more the Immigration and Nationality Act (8 fense or in the interest of national security. than $25,000’’; and U.S.C. 1324a(b)) is amended— ‘‘(II) NOTIFICATION TO CONGRESS.—If the Ad- (C) by adding at the end the following sen- (A) in the heading, by striking ‘‘LIMITATION ministrator grants a waiver or limitation de- tence: ‘‘Providing information to the basic ON USE OF ATTESTATION FORM’’ and inserting scribed in subclause (I), the Administrator pilot program described in section 403(a) of ‘‘ATTESTATION FORM’’; shall submit to each member of the Com- the Illegal Immigration Reform and Immi- (B) by redesignating such paragraph (5) as mittee on the Judiciary of the Senate and of grant Responsibility Act of 1996 (8 U.S.C. subparagraph (A); the Committee on the Judiciary of the House 1324a note) that the person or entity knows (C) by indenting such subparagraph, as so of Representatives immediate notice of such or reasonably believes to be false, shall be designated, six ems from the left margin; waiver or limitation. treated as a violation of subsection (a)(1)(A) (D) by inserting before such subparagraph, ‘‘(III) PROHIBITION ON JUDICIAL REVIEW.— and shall not qualify for the exemption pro- as so designated, the following: The decision of whether to debar or take al- vided by (e)(10).’’; ‘‘(5) LIMITATION ON USE.—’’; and ternative action under this clause shall not (3) by adding at the end of subsection (e) (E) by inserting after such subparagraph, be judicially reviewed. the following new paragraph: as so designated, the following new subpara- ‘‘(B) EMPLOYERS WITH CONTRACTS, GRANTS, ‘‘(10) EXEMPTION FROM PENALTY FOR EM- graph: OR AGREEMENTS.— PLOYERS PARTICIPATING IN THE BASIC PILOT ‘‘(B) RETAINED DOCUMENTS.—A person or ‘‘(i) IN GENERAL.—Subject to clause (iii) PROGRAM.—In the case of imposition of a entity required to retain versions of docu- and subclause (C), an employer who holds a civil penalty under paragraph (4)(A) with re- ments or attestations or maintain records Federal contract, grant, or cooperative spect to a violation of subsection (a)(1)(A) or under paragraph (4) shall use any such agreement and is determined to have vio- (a)(2) for hiring or continuation of employ- version, attestation, or record only for the lated this section shall be debarred from the ment by an employer and in the case of im- purposes of complying with the requirements receipt of new Federal contracts, grants, or position of a civil penalty under paragraph of this subsection, except as otherwise per- cooperative agreements for a period of 10 (5) for a violation of subsection (a)(1)(B) for mitted under law.’’. years. hiring or recruitment or referral by a person (c) EXTENSION OF THE BASIC PILOT PRO- ‘‘(ii) NOTICE TO AGENCIES.—Prior to debar- or entity, the penalty otherwise imposed GRAM.—Section 403(a) of the Illegal Immigra- ring the employer under clause (i), the Sec- shall be waived if the violator establishes tion Reform and Immigrant Responsibility retary of Homeland Security, in cooperation that it was voluntarily participating in the Act of 1996 (8 U.S.C. 1324a note) is amended with the Administrator of General Services, basic pilot electronic verification program at by adding at the end the following new para- shall advise any agency or department hold- the time of the offense.’’; graph: ing a contract, grant, or cooperative agree- (4) by amending paragraph (1) of subsection ‘‘(5) INDIVIDUALS COVERED.—Notwith- ment with the employer of the Government’s (f) to read as follows: standing any other provision of this title, a intention to debar the employer from the re- ‘‘(1) CRIMINAL PENALTY.—Any person or en- person or other entity that elects to partici- ceipt of new Federal contracts, grants, or co- tity which engages in a pattern or practice pate in the basic pilot program shall follow operative agreements for a period of 10 years. of violations of paragraph (1) or (2) of sub- the procedures described in paragraphs (1) ‘‘(iii) WAIVER.— section (a) shall be fined not less than $3,000 thorough (4) for each individual who the per- ‘‘(I) AUTHORITY.—After consideration of and more than $50,000 for each unauthorized son or entity hires (or recruits or refers) for the views of any agency or department that alien with respect to which such a violation employment and for each individual who is holds a contract, grant, or cooperative agree- occurs, imprisoned for not less than one employed by the person or entity.’’. ment with the employer, the Administrator year, or both, notwithstanding the provi- of General Services, in consultation with the sions of any other Federal law relating to SA 148. Mr. SESSIONS (for himself, Secretary of Homeland Security and the At- fine levels.’’; and Mr. INHOFE, and Mr. GRASSLEY) sub- torney General, may waive operation of (5) in subsection (f)(2), by striking ‘‘Attor- mitted an amendment intended to be clause (i) or may limit the duration or scope ney General’’ each place it appears and in- proposed to amendment SA 100 pro- of the debarment under clause (i) if such serting ‘‘Secretary of Homeland Security’’. posed by Mr. REID (for Mr. BAUCUS) to waiver or limitation is necessary to the na- (b) RETENTION AND USE OF EMPLOYMENT the bill H.R. 2, to amend the Fair tional defense or in the interest of national ELIGIBILITY VERIFICATION DOCUMENTS.— security. Labor Standards Act of 1938 to provide (1) RETENTION.—Section 274A(b) of the Im- ‘‘(II) NOTIFICATION TO CONGRESS.—If the Ad- migration and Nationality Act (8 U.S.C. for an increase in the Federal min- ministrator grants a waiver or limitation de- 1324a(b)) is amended by striking paragraph imum wage; which was ordered to lie scribed in subclause (I), the Administrator (4) and inserting the following: on the table; as follows: shall submit to each member of the Com- ‘‘(4) COPYING AND RETENTION OF DOCUMENTA- At the appropriate place, insert the fol- mittee on the Judiciary of the Senate and of TION.— lowing: the Committee on the Judiciary of the House

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S958 CONGRESSIONAL RECORD — SENATE January 23, 2007 of Representatives immediate notice of such ‘‘(e)(1) Any agreement to establish a total- ‘‘(4) Whenever a document setting forth an waiver or limitation. ization arrangement which is entered into agreement entered into under this section ‘‘(III) PROHIBITION ON JUDICIAL REVIEW.— with another country under this section and the President’s report in support of the The decision of whether to debar or take al- shall enter into force with respect to the agreement is transmitted to Congress pursu- ternate action under this clause shall not be United States if (and only if)— ant to paragraph (2), copies of such docu- judicially reviewed. ‘‘(A) the President, at least 90 calendar ment shall be delivered to both Houses of ‘‘(C) EXEMPTION FROM PENALTY FOR EM- days before the date on which the President Congress on the same day and shall be deliv- PLOYERS PARTICIPATING IN THE BASIC PILOT enters into the agreement, notifies each ered to the Clerk of the House of Representa- PROGRAM.—In the case of imposition on an House of Congress of the President’s inten- tives if the House is not in session and to the employer of a debarment from the receipt of tion to enter into the agreement, and Secretary of the Senate if the Senate is not a Federal contract, grant, or cooperative promptly thereafter publishes notice of such in session. agreement under subparagraph (A) or (B), intention in the Federal Register, ‘‘(5) On the day on which a document set- that penalty shall be waived if the employer ‘‘(B) the President transmits the text of ting forth the agreement is transmitted to establishes that the employer was volun- such agreement to each House of Congress as the House of Representatives and the Senate tarily participating in the basic pilot pro- provided in paragraph (2), and pursuant to paragraph (1), an approval reso- lution with respect to such agreement shall gram under section 403(a) of the Illegal Im- ‘‘(C) an approval resolution regarding such be introduced (by request) in the House by migration Reform and Immigrant Responsi- agreement has passed both Houses of Con- the majority leader of the House, for himself bility Act of 1996 (8 U.S.C. 1324a note) at the gress and has been enacted into law. or herself and the minority leader of the time of the violations of this section that re- ‘‘(2)(A) Whenever an agreement referred to House, or by Members of the House des- sulted in the debarment.’’. in paragraph (1) is entered into, the Presi- dent shall transmit to each House of Con- ignated by the majority leader and minority gress a document setting forth the final legal leader of the House; and shall be introduced SA 149. Mr. ENSIGN (for himself and (by request) in the Senate by the majority Mr. INHOFE) submitted an amendment text of such agreement and including a re- port by the President in support of such leader of the Senate, for himself or herself intended to be proposed by him to the and the minority leader of the Senate, or by agreement. The President’s report shall in- Members of the Senate designated by the bill H.R. 2, to amend the Fair Labor clude the following: majority leader and minority leader of the Standards Act of 1938 to provide for an ‘‘(i) An estimate by the Chief Actuary of Senate. If either House is not in session on increase in the Federal minimum wage; the Social Security Administration of the ef- the day on which such an agreement is trans- which was ordered to lie on the table; fect of the agreement, in the short term and mitted, the approval resolution with respect as follows: in the long term, on the receipts and dis- to such agreement shall be introduced in At the appropriate place, insert the fol- bursements under the social security system that House, as provided in the preceding sen- lowing: established by this title. tence, on the first day thereafter on which SEC. ll. PRECLUSION OF SOCIAL SECURITY ‘‘(ii) A statement of any administrative ac- that House is in session. The resolution in- CREDITS PRIOR TO ENUMERATION. tion proposed to implement the agreement troduced in the House of Representatives (a) INSURED STATUS.—Section 214 of the So- and how such action will change or affect ex- shall be referred to the Committee on Ways cial Security Act (42 U.S.C. 414) is amended isting law. and Means and the resolution introduced in by adding at the end, the following new sub- ‘‘(iii) A statement describing whether and the Senate shall be referred to the Com- section: how the agreement changes provisions of an mittee on Finance.’’. ‘‘(d)(1) Except as provided in paragraph (2), agreement previously negotiated. (b) ADDITIONAL REPORTS AND EVALUA- no quarter of coverage shall be credited for ‘‘(iv) A statement describing how and to TIONS.—Section 233 of the Social Security purposes of this section if, with respect to what extent the agreement makes progress Act (42 U.S.C. 433) is amended by adding at any individual who is assigned a social secu- in achieving the purposes, policies, and ob- the end the following new subsections: rity account number on or after the date of jectives of this title. ‘‘(f) BIENNIAL SSA REPORT ON IMPACT OF enactment of the Fair Minimum Wage Act of ‘‘(v) An estimate by the Chief Actuary of TOTALIZATION AGREEMENTS.— 2007, such quarter of coverage is earned prior the Social Security Administration, working ‘‘(1) REPORT.—For any totalization agree- to the year in which such social security ac- in consultation with the Comptroller Gen- ment transmitted to Congress on or after count number is assigned. eral of the United States, of the number of January 1, 2007, the Commissioner of Social ‘‘(2) Paragraph (1) shall not apply with re- individuals who may become eligible for any Security shall submit a report to Congress spect to any quarter of coverage earned by benefits under this title or who may other- and the Comptroller General that— an individual who, at such time such quarter wise be affected by the agreement. ‘‘(A) compares the estimates contained in of coverage is earned, satisfies the criterion ‘‘(vi) An assessment of the integrity of the the report submitted to Congress under specified in subsection (c)(2).’’. retirement data and records (including birth, clauses (i) and (v) of subsection (e)(2)(A) with (b) BENEFIT COMPUTATION.—Section 215(e) death, and marriage records) of the other respect to that agreement with the actual of such Act (42 U.S.C. 415(e)) is amended— country that is the subject of the agreement. number of individuals affected by the agree- (1) by striking ‘‘and’’ at the end of para- ‘‘(vii) An assessment of the ability of such ment and the actual effect of the agreement graph (1); country to track and monitor recipients of on social security system receipts and dis- (2) by striking the period at the end of benefits under such agreement. bursements; and paragraph (2) and inserting ‘‘; and’’; and ‘‘(B) If any separate agreement or other ‘‘(B) contains recommendations for adjust- (3) by adding at the end the following new understanding with another country (wheth- ing the methods used to make the estimates. paragraph: er oral or in writing) relating to an agree- ‘‘(2) DATES FOR SUBMISSION.—The report re- ‘‘(3) in computing the average indexed ment to establish a totalization arrangement quired under this subsection shall be pro- monthly earnings of an individual who is as- under this section is not disclosed to Con- vided not later than 2 years after the effec- signed a social security account number on gress in the transmittal to Congress under tive date of the totalization agreement that or after the date of enactment of the Fair this paragraph of the agreement to establish is the subject of the report and biennially Minimum Wage Act of 2007, there shall not a totalization arrangement, then such sepa- thereafter. be counted any wages or self-employment in- rate agreement or understanding shall not be ‘‘(g) GAO EVALUATION AND REPORT.— come for which no quarter of coverage may considered to be part of the agreement ap- ‘‘(1) EVALUATION OF INITIAL REPORT ON IM- be credited to such individual as a result of proved by Congress under this section and PACT OF TOTALIZATION AGREEMENTS.—With the application of section 214(d).’’. shall have no force and effect under United respect to each initial report regarding a to- States law. talization agreement submitted under sub- SA 150. Mr. ENSIGN (for himself, Mr. ‘‘(3) For purposes of this subsection, the section (f), the Comptroller General of the SESSIONS, Mr. CRAIG, Mrs. DOLE, Mr. term ‘approval resolution’ means a joint res- United States shall conduct an evaluation of THOMAS, Mr. CORNYN, Mr. INHOFE, Mr. olution, the matter after the resolving the report that includes— ISAKSON, and Mr. COLEMAN) submitted clause of which is as follows: ‘That the pro- ‘‘(A) an evaluation of the procedures used an amendment intended to be proposed posed agreement entered into pursuant to for making the estimates required by sub- by him to the bill H.R. 2, to amend the section 233 of the Social Security Act be- section (e)(2)(A); tween the United States and lllllll ‘‘(B) an evaluation of the procedures used Fair Labor Standards Act of 1938 to establishing totalization arrangements be- for determining the actual number of indi- provide for an increase in the Federal tween the social security system established viduals affected by the agreement and the ef- minimum wage; which was ordered to by title II of such Act and the social security fects of the totalization agreement on re- lie on the table; as follows: system of lllllll, transmitted to Con- ceipts and disbursements under the social se- At the appropriate place, insert the fol- gress by the President on llllll, is curity system; and lowing: hereby approved.’, the first two blanks there- ‘‘(C) such recommendations as the Comp- SEC. ll. TRANSMITTAL AND APPROVAL OF TO- in being filled with the name of the country troller General determines appropriate. TALIZATION AGREEMENTS. with which the United States entered into ‘‘(2) REPORT.—Not later than 1 year after (a) IN GENERAL.—Section 233(e) of the So- the agreement, and the third blank therein the date of submission of an initial report re- cial Security Act (42 U.S.C. 433(e)) is amend- being filled with the date of the transmittal garding a totalization agreement under sub- ed to read as follows: of the agreement to Congress. section (f), the Comptroller General shall

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S959 submit to Congress a report setting forth the be counted any wages or self-employment in- a totalization arrangement, then such sepa- results of the evaluation conducted under come for which no quarter of coverage may rate agreement or understanding shall not be paragraph (1). be credited to such individual as a result of considered to be part of the agreement ap- ‘‘(3) DATA COLLECTION.—The Commissioner the application of section 214(d).’’. proved by Congress under this section and of Social Security shall collect and maintain shall have no force and effect under United the data necessary for the Comptroller Gen- SA 153. Mr. ENSIGN (for himself, Mr. States law. eral of the United States to conduct the SESSIONS, Mr. CRAIG, Mrs. DOLE, Mr. ‘‘(3) For purposes of this subsection, the evaluation required by paragraph (1).’’. THOMAS, Mr. CORNYN, Mr. INHOFE, Mr. term ‘approval resolution’ means a joint res- (c) EFFECTIVE DATE.—The amendments olution, the matter after the resolving ISAKSON, and Mr. COLEMAN) submitted clause of which is as follows: ‘That the pro- made by this section shall apply with respect an amendment intended to be proposed to agreements establishing totalization ar- posed agreement entered into pursuant to rangements entered into under section 233 of to amendment SA 100 proposed by Mr. section 233 of the Social Security Act be- the Social Security Act which are trans- REID (for Mr. BAUCUS) to the bill H.R. tween the United States and lllllll mitted to Congress on or after January 1, 2, to amend the Fair Labor Standards establishing totalization arrangements be- 2007. Act of 1938 to provide for an increase in tween the social security system established the Federal minimum wage; as follows: by title II of such Act and the social security SA 151. Mr. ENSIGN (for himself, Mr. system of lllllll, transmitted to Con- At the appropriate place, insert the fol- gress by the President on llllll, is DEMINT, Mr. GRAHAM, Mr. COBURN) sub- lowing: hereby approved.’, the first two blanks there- mitted an amendment intended to be SEC. ll. TRANSMITTAL AND APPROVAL OF TO- in being filled with the name of the country proposed by him to the bill H.R. 2, to TALIZATION AGREEMENTS. with which the United States entered into amend the Fair Labor Standards Act of (a) IN GENERAL.—Section 233(e) of the So- the agreement, and the third blank therein 1938 to provide for an increase in the cial Security Act (42 U.S.C. 433(e)) is amend- being filled with the date of the transmittal Federal minimum wage; which was or- ed to read as follows: of the agreement to Congress. ‘‘(e)(1) Any agreement to establish a total- dered to lie on the table; as follows: ‘‘(4) Whenever a document setting forth an ization arrangement which is entered into agreement entered into under this section At the appropriate place, insert the fol- with another country under this section and the President’s report in support of the lowing: shall enter into force with respect to the agreement is transmitted to Congress pursu- SEC. ll. NON-GROUP HIGH DEDUCTIBLE United States if (and only if)— ant to paragraph (2), copies of such docu- HEALTH PLAN PREMIUMS OPTIONS. ‘‘(A) the President, at least 90 calendar ment shall be delivered to both Houses of (a) IN GENERAL.—Section 223(d)(2)(C) of the days before the date on which the President Congress on the same day and shall be deliv- Internal Revenue Code of 1986 (relating to ex- enters into the agreement, notifies each ered to the Clerk of the House of Representa- ceptions) is amended by striking ‘‘or’’ at the House of Congress of the President’s inten- tives if the House is not in session and to the end of clause (iii), by striking the period at tion to enter into the agreement, and Secretary of the Senate if the Senate is not the end of clause (iv) and inserting ‘‘, or’’, promptly thereafter publishes notice of such in session. and by adding at the end the following new intention in the Federal Register, ‘‘(5) On the day on which a document set- clause: ‘‘(B) the President transmits the text of ting forth the agreement is transmitted to ‘‘(v) a high deductible health plan, other such agreement to each House of Congress as the House of Representatives and the Senate than a group health plan (as defined in sec- provided in paragraph (2), and pursuant to paragraph (1), an approval reso- tion 5000(b)(1)).’’. ‘‘(C) an approval resolution regarding such lution with respect to such agreement shall (b) EFFECTIVE DATE.—The amendment agreement has passed both Houses of Con- be introduced (by request) in the House by made by this section shall apply to taxable gress and has been enacted into law. the majority leader of the House, for himself years beginning after December 31, 2007. ‘‘(2)(A) Whenever an agreement referred to or herself and the minority leader of the in paragraph (1) is entered into, the Presi- House, or by Members of the House des- SA 152. Mr. ENSIGN (for himself and dent shall transmit to each House of Con- ignated by the majority leader and minority Mr. INHOFE submitted an amendment gress a document setting forth the final legal leader of the House; and shall be introduced intended to be proposed to amendment text of such agreement and including a re- (by request) in the Senate by the majority SA 100 proposed by Mr. REID (for Mr. port by the President in support of such leader of the Senate, for himself or herself agreement. The President’s report shall in- BAUCUS) to the bill H.R. 2, to amend and the minority leader of the Senate, or by clude the following: the Fair Labor Standards Act of 1938 to Members of the Senate designated by the ‘‘(i) An estimate by the Chief Actuary of majority leader and minority leader of the provide for an increase in the Federal the Social Security Administration of the ef- Senate. If either House is not in session on minimum wage; as follows: fect of the agreement, in the short term and the day on which such an agreement is trans- At the appropriate place, insert the fol- in the long term, on the receipts and dis- mitted, the approval resolution with respect lowing: bursements under the social security system to such agreement shall be introduced in SEC. ll. PRECLUSION OF SOCIAL SECURITY established by this title. that House, as provided in the preceding sen- CREDITS PRIOR TO ENUMERATION. ‘‘(ii) A statement of any administrative ac- tence, on the first day thereafter on which (a) INSURED STATUS.—Section 214 of the So- tion proposed to implement the agreement that House is in session. The resolution in- cial Security Act (42 U.S.C. 414) is amended and how such action will change or affect ex- troduced in the House of Representatives by adding at the end, the following new sub- isting law. shall be referred to the Committee on Ways section: ‘‘(iii) A statement describing whether and and Means and the resolution introduced in ‘‘(d)(1) Except as provided in paragraph (2), how the agreement changes provisions of an the Senate shall be referred to the Com- no quarter of coverage shall be credited for agreement previously negotiated. mittee on Finance.’’. purposes of this section if, with respect to ‘‘(iv) A statement describing how and to (b) ADDITIONAL REPORTS AND EVALUA- any individual who is assigned a social secu- what extent the agreement makes progress TIONS.—Section 233 of the Social Security rity account number on or after the date of in achieving the purposes, policies, and ob- Act (42 U.S.C. 433) is amended by adding at enactment of the Fair Minimum Wage Act of jectives of this title. the end the following new subsections: 2007, such quarter of coverage is earned prior ‘‘(v) An estimate by the Chief Actuary of ‘‘(f) BIENNIAL SSA REPORT ON IMPACT OF to the year in which such social security ac- the Social Security Administration, working TOTALIZATION AGREEMENTS.— count number is assigned. in consultation with the Comptroller Gen- ‘‘(1) REPORT.—For any totalization agree- ‘‘(2) Paragraph (1) shall not apply with re- eral of the United States, of the number of ment transmitted to Congress on or after spect to any quarter of coverage earned by individuals who may become eligible for any January 1, 2007, the Commissioner of Social an individual who, at such time such quarter benefits under this title or who may other- Security shall submit a report to Congress of coverage is earned, satisfies the criterion wise be affected by the agreement. and the Comptroller General that— specified in subsection (c)(2).’’. ‘‘(vi) An assessment of the integrity of the ‘‘(A) compares the estimates contained in (b) BENEFIT COMPUTATION.—Section 215(e) retirement data and records (including birth, the report submitted to Congress under of such Act (42 U.S.C. 415(e)) is amended— death, and marriage records) of the other clauses (i) and (v) of subsection (e)(2)(A) with (1) by striking ‘‘and’’ at the end of para- country that is the subject of the agreement. respect to that agreement with the actual graph (1); ‘‘(vii) An assessment of the ability of such number of individuals affected by the agree- (2) by striking the period at the end of country to track and monitor recipients of ment and the actual effect of the agreement paragraph (2) and inserting ‘‘; and’’; and benefits under such agreement. on social security system receipts and dis- (3) by adding at the end the following new ‘‘(B) If any separate agreement or other bursements; and paragraph: understanding with another country (wheth- ‘‘(B) contains recommendations for adjust- ‘‘(3) in computing the average indexed er oral or in writing) relating to an agree- ing the methods used to make the estimates. monthly earnings of an individual who is as- ment to establish a totalization arrangement ‘‘(2) DATES FOR SUBMISSION.—The report re- signed a social security account number on under this section is not disclosed to Con- quired under this subsection shall be pro- or after the date of enactment of the Fair gress in the transmittal to Congress under vided not later than 2 years after the effec- Minimum Wage Act of 2007, there shall not this paragraph of the agreement to establish tive date of the totalization agreement that

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is the subject of the report and biennially (b) COOPERATIVE GOVERNING OF INDIVIDUAL spect to liability for which the issuer pro- thereafter. HEALTH INSURANCE COVERAGE.— vides insurance. ‘‘(g) GAO EVALUATION AND REPORT.— (1) IN GENERAL.—Title XXVII of the Public ‘‘(8) STATE.—The term ‘State’ means only ‘‘(1) EVALUATION OF INITIAL REPORT ON IM- Health Service Act (42 U.S.C. 300gg et seq.) is the 50 States and the District of Columbia. PACT OF TOTALIZATION AGREEMENTS.—With amended by adding at the end the following ‘‘(9) UNFAIR CLAIMS SETTLEMENT PRAC- respect to each initial report regarding a to- new part: TICES.—The term ‘unfair claims settlement talization agreement submitted under sub- practices’ means only the following prac- ‘‘PART D—COOPERATIVE GOVERNING OF section (f), the Comptroller General of the tices: INDIVIDUAL HEALTH INSURANCE COV- United States shall conduct an evaluation of ‘‘(A) Knowingly misrepresenting to claim- ERAGE the report that includes— ants and insured individuals relevant facts ‘‘(A) an evaluation of the procedures used ‘‘SEC. 2795. DEFINITIONS. or policy provisions relating to coverage at for making the estimates required by sub- ‘‘In this part: issue. section (e)(2)(A); ‘‘(1) PRIMARY STATE.—The term ‘primary ‘‘(B) Failing to acknowledge with reason- ‘‘(B) an evaluation of the procedures used State’ means, with respect to individual able promptness pertinent communications for determining the actual number of indi- health insurance coverage offered by a with respect to claims arising under policies. viduals affected by the agreement and the ef- health insurance issuer, the State designated ‘‘(C) Failing to adopt and implement rea- fects of the totalization agreement on re- by the issuer as the State whose covered sonable standards for the prompt investiga- ceipts and disbursements under the social se- laws shall govern the health insurance issuer tion and settlement of claims arising under curity system; and in the sale of such coverage under this part. policies. ‘‘(C) such recommendations as the Comp- An issuer, with respect to a particular pol- ‘‘(D) Failing to effectuate prompt, fair, and troller General determines appropriate. icy, may only designate one such State as its equitable settlement of claims submitted in ‘‘(2) REPORT.—Not later than 1 year after primary State with respect to all such cov- which liability has become reasonably clear. the date of submission of an initial report re- erage it offers. Such an issuer may not ‘‘(E) Refusing to pay claims without con- garding a totalization agreement under sub- change the designated primary State with ducting a reasonable investigation. section (f), the Comptroller General shall respect to individual health insurance cov- ‘‘(F) Failing to affirm or deny coverage of submit to Congress a report setting forth the erage once the policy is issued, except that claims within a reasonable period of time results of the evaluation conducted under such a change may be made upon renewal of after having completed an investigation re- paragraph (1). the policy. With respect to such designated lated to those claims. ‘‘(3) DATA COLLECTION.—The Commissioner State, the issuer is deemed to be doing busi- ‘‘(10) FRAUD AND ABUSE.—The term ‘fraud of Social Security shall collect and maintain ness in that State. and abuse’ means an act or omission com- the data necessary for the Comptroller Gen- ‘‘(2) SECONDARY STATE.—The term ‘sec- mitted by a person who, knowingly and with eral of the United States to conduct the ondary State’ means, with respect to indi- intent to defraud, commits, or conceals any evaluation required by paragraph (1).’’. vidual health insurance coverage offered by material information concerning, one or (c) EFFECTIVE DATE.—The amendments a health insurance issuer, any State that is more of the following: made by this section shall apply with respect not the primary State. In the case of a ‘‘(A) Presenting, causing to be presented or to agreements establishing totalization ar- health insurance issuer that is selling a pol- preparing with knowledge or belief that it rangements entered into under section 233 of icy in, or to a resident of, a secondary State, will be presented to or by an insurer, a rein- the Social Security Act which are trans- the issuer is deemed to be doing business in surer, broker or its agent, false information mitted to Congress on or after January 1, that secondary State. as part of, in support of or concerning a fact 2007. ‘‘(3) HEALTH INSURANCE ISSUER.—The term material to one or more of the following: ‘health insurance issuer’ has the meaning ‘‘(i) An application for the issuance or re- SA 154. Mr. ENSIGN (for himself, Mr. given such term in section 2791(b)(2), except newal of an insurance policy or reinsurance DEMINT, Mr. GRAHAM, and Mr. COBURN) that such an issuer must be licensed in the contract. submitted an amendment intended to primary State and be qualified to sell indi- ‘‘(ii) The rating of an insurance policy or be proposed to amendment SA 100 pro- vidual health insurance coverage in that reinsurance contract. ‘‘(iii) A claim for payment or benefit pur- posed by Mr. REID (for Mr. BAUCUS) to State. ‘‘(4) INDIVIDUAL HEALTH INSURANCE COV- suant to an insurance policy or reinsurance the bill H.R. 2, to amend the Fair contract. Labor Standards Act of 1938 to provide ERAGE.—The term ‘individual health insur- ance coverage’ means health insurance cov- ‘‘(iv) Premiums paid on an insurance pol- for an increase in the Federal min- erage offered in the individual market, as de- icy or reinsurance contract. imum wage; as follows: fined in section 2791(e)(1). ‘‘(v) Payments made in accordance with At the appropriate place, insert the fol- ‘‘(5) APPLICABLE STATE AUTHORITY.—The the terms of an insurance policy or reinsur- lowing: term ‘applicable State authority’ means, ance contract. SEC. ll. NON-GROUP HIGH DEDUCTIBLE with respect to a health insurance issuer in ‘‘(vi) A document filed with the commis- HEALTH PLAN PREMIUMS OPTIONS. a State, the State insurance commissioner sioner or the chief insurance regulatory offi- (a) IN GENERAL.—Section 223(d)(2)(C) of the or official or officials designated by the cial of another jurisdiction. Internal Revenue Code of 1986 (relating to ex- State to enforce the requirements of this ‘‘(vii) The financial condition of an insurer ceptions) is amended by striking ‘‘or’’ at the title for the State with respect to the issuer. or reinsurer. end of clause (iii), by striking the period at ‘‘(6) HAZARDOUS FINANCIAL CONDITION.—The ‘‘(viii) The formation, acquisition, merger, the end of clause (iv) and inserting ‘‘, or’’, term ‘hazardous financial condition’ means reconsolidation, dissolution or withdrawal and by adding at the end the following new that, based on its present or reasonably an- from one or more lines of insurance or rein- clause: ticipated financial condition, a health insur- surance in all or part of a State by an in- ‘‘(v) a high deductible health plan, other ance issuer is unlikely to be able— surer or reinsurer. than a group health plan (as defined in sec- ‘‘(A) to meet obligations to policyholders ‘‘(ix) The issuance of written evidence of tion 5000(b)(1)).’’. with respect to known claims and reasonably insurance. (b) EFFECTIVE DATE.—The amendment anticipated claims; or ‘‘(x) The reinstatement of an insurance made by this section shall apply to taxable ‘‘(B) to pay other obligations in the normal policy. years beginning after December 31, 2007. course of business. ‘‘(B) Solicitation or acceptance of new or ‘‘(7) COVERED LAWS.—The term ‘covered renewal insurance risks on behalf of an in- SA 155. Mr. DEMINT submitted an laws’ means the laws, rules, regulations, surer, reinsurer, or other person engaged in amendment intended to be proposed by agreements, and orders governing the insur- the business of insurance by a person who him to the bill H.R. 2, to amend the ance business pertaining to— knows or should know that the insurer or ‘‘(A) individual health insurance coverage other person responsible for the risk is insol- Fair Labor Standards Act of 1938 to vent at the time of the transaction. provide for an increase in the Federal issued by a health insurance issuer; ‘‘(B) the offer, sale, and issuance of indi- ‘‘(C) Transaction of the business of insur- minimum wage; which was ordered to vidual health insurance coverage to an indi- ance in violation of laws requiring a license, lie on the table; as follows: vidual; and certificate of authority, or other legal au- At the appropriate place, insert the fol- ‘‘(C) the provision to an individual in rela- thority for the transaction of the business of lowing: tion to individual health insurance coverage insurance. ‘‘(D) Attempt to commit, aiding or abet- SEC. ll. COOPERATIVE GOVERNING OF INDI- of— VIDUAL HEALTH INSURANCE COV- ‘‘(i) health care and insurance related serv- ting in the commission of, or conspiracy to ERAGE. ices; commit the acts or omissions specified in (a) SPECIFICATION OF CONSTITUTIONAL AU- ‘‘(ii) management, operations, and invest- this paragraph. THORITY FOR ENACTMENT OF LAW.—This sec- ment activities of a health insurance issuer; ‘‘SEC. 2796. APPLICATION OF LAW. tion is enacted pursuant to the power grant- and ‘‘(a) IN GENERAL.—The covered laws of the ed Congress under article I, section 8, clause ‘‘(iii) loss control and claims administra- primary State shall apply to individual 3, of the United States Constitution. tion for a health insurance issuer with re- health insurance coverage offered by a

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health insurance issuer in the primary State health insurance issuer, the name of primary ‘‘(g) DOCUMENTS FOR SUBMISSION TO STATE and in any secondary State, but only if the State, the name of the secondary State, the INSURANCE COMMISSIONER.—Each health in- coverage and issuer comply with the condi- name of the secondary State, and the name surance issuer issuing individual health in- tions of this section with respect to the of- of the secondary State, respectively, for the surance coverage in both primary and sec- fering of coverage in any secondary State. coverage concerned: ondary States shall submit— ‘‘(b) EXEMPTIONS FROM COVERED LAWS IN A ‘This policy is issued by lllll and is gov- ‘‘(1) to the insurance commissioner of each SECONDARY STATE.—Except as provided in erned by the laws and regulations of the State in which it intends to offer such cov- this section, a health insurance issuer with State of lllll, and it has met all the erage, before it may offer individual health respect to its offer, sale, renewal, and laws of that State as determined by that insurance coverage in such State— issuance of individual health insurance cov- State’s Department of Insurance. This policy ‘‘(A) a copy of the plan of operation or fea- erage in any secondary State is exempt from sibility study or any similar statement of any covered laws of the secondary State (and may be less expensive than others because it is not subject to all of the insurance laws the policy being offered and its coverage any rules, regulations, agreements, or orders (which shall include the name of its primary sought or issued by such State under or re- and regulations of the State of lllll, in- cluding coverage of some services or benefits State and its principal place of business); lated to such covered laws) to the extent ‘‘(B) written notice of any change in its that such laws would— mandated by the law of the State of designation of its primary State; and ‘‘(1) make unlawful, or regulate, directly or lllll. Additionally, this policy is not ‘‘(C) written notice from the issuer of the indirectly, the operation of the health insur- subject to all of the consumer protection issuer’s compliance with all the laws of the ance issuer operating in the secondary State, laws or restrictions on rate changes of the primary State; and except that any secondary State may require State of lllll. As with all insurance ‘‘(2) to the insurance commissioner of each such an issuer— products, before purchasing this policy, you secondary State in which it offers individual ‘‘(A) to pay, on a nondiscriminatory basis, should carefully review the policy and deter- health insurance coverage, a copy of the applicable premium and other taxes (includ- mine what health care services the policy issuer’s quarterly financial statement sub- ing high risk pool assessments) which are covers and what benefits it provides, includ- mitted to the primary State, which state- levied on insurers and surplus lines insurers, ing any exclusions, limitations, or condi- ment shall be certified by an independent brokers, or policyholders under the laws of tions for such services or benefits.’. public accountant and contain a statement the State; ‘‘(d) PROHIBITION ON CERTAIN RECLASSIFICA- of opinion on loss and loss adjustment ex- ‘‘(B) to register with and designate the TIONS AND PREMIUM INCREASES.— pense reserves made by— State insurance commissioner as its agent ‘‘(1) IN GENERAL.—For purposes of this sec- ‘‘(A) a member of the American Academy solely for the purpose of receiving service of tion, a health insurance issuer that provides of Actuaries; or legal documents or process; individual health insurance coverage to an ‘‘(B) a qualified loss reserve specialist. ‘‘(C) to submit to an examination of its fi- individual under this part in a primary or ‘‘(h) POWER OF COURTS TO ENJOIN CON- nancial condition by the State insurance secondary State may not upon renewal— DUCT.—Nothing in this section shall be con- commissioner in any State in which the ‘‘(A) move or reclassify the individual in- strued to affect the authority of any Federal issuer is doing business to determine the sured under the health insurance coverage or State court to enjoin— issuer’s financial condition, if— from the class such individual is in at the ‘‘(1) the solicitation or sale of individual ‘‘(i) the State insurance commissioner of time of issue of the contract based on the health insurance coverage by a health insur- the primary State has not done an examina- health-status related factors of the indi- ance issuer to any person or group who is not tion within the period recommended by the vidual; or eligible for such insurance; or National Association of Insurance Commis- ‘‘(B) increase the premiums assessed the ‘‘(2) the solicitation or sale of individual sioners; and individual for such coverage based on a health insurance coverage by, or operation ‘‘(ii) any such examination is conducted in health status-related factor or change of a of, a health insurance issuer that is in haz- accordance with the examiners’ handbook of health status-related factor or the past or ardous financial condition. the National Association of Insurance Com- prospective claim experience of the insured missioners and is coordinated to avoid un- individual. ‘‘(i) STATE POWERS TO ENFORCE STATE justified duplication and unjustified repeti- ‘‘(2) CONSTRUCTION.—Nothing in paragraph LAWS.— tion; (1) shall be construed to prohibit a health in- ‘‘(1) IN GENERAL.—Subject to the provisions ‘‘(D) to comply with a lawful order issued— surance issuer— of subsection (b)(1)(G) (relating to injunc- ‘‘(i) in a delinquency proceeding com- ‘‘(A) from terminating or discontinuing tions) and paragraph (2), nothing in this sec- menced by the State insurance commis- coverage or a class of coverage in accordance tion shall be construed to affect the author- sioner if there has been a finding of financial with subsections (b) and (c) of section 2742; ity of any State to make use of any of its impairment under subparagraph (C); or ‘‘(B) from raising premium rates for all powers to enforce the laws of such State ‘‘(ii) in a voluntary dissolution proceeding; policy holders within a class based on claims with respect to which a health insurance ‘‘(E) to comply with an injunction issued experience; issuer is not exempt under subsection (b). by a court of competent jurisdiction, upon a ‘‘(C) from changing premiums or offering ‘‘(2) COURTS OF COMPETENT JURISDICTION.— petition by the State insurance commis- discounted premiums to individuals who en- If a State seeks an injunction regarding the sioner alleging that the issuer is in haz- gage in wellness activities at intervals pre- conduct described in paragraphs (1) and (2) of ardous financial condition; scribed by the issuer, if such premium subsection (h), such injunction must be ob- ‘‘(F) to participate, on a nondiscriminatory changes or incentives— tained from a Federal or State court of com- basis, in any insurance insolvency guaranty ‘‘(i) are disclosed to the consumer in the petent jurisdiction. association or similar association to which a insurance contract; ‘‘(j) STATES’ AUTHORITY TO SUE.—Nothing health insurance issuer in the State is re- ‘‘(ii) are based on specific wellness activi- in this section shall affect the authority of quired to belong; ties that are not applicable to all individ- any State to bring action in any Federal or ‘‘(G) to comply with any State law regard- uals; and State court. ing fraud and abuse (as defined in section ‘‘(iii) are not obtainable by all individuals ‘‘(k) GENERALLY APPLICABLE LAWS.—Noth- 2795(10)), except that if the State seeks an in- to whom coverage is offered; ing in this section shall be construed to af- junction regarding the conduct described in ‘‘(D) from reinstating lapsed coverage; or fect the applicability of State laws generally this subparagraph, such injunction must be ‘‘(E) from retroactively adjusting the rates applicable to persons or corporations. obtained from a court of competent jurisdic- charged an individual insured individual if ‘‘SEC. 2797. PRIMARY STATE MUST MEET FED- tion; or the initial rates were set based on material ERAL FLOOR BEFORE ISSUER MAY ‘‘(H) to comply with any State law regard- misrepresentation by the individual at the SELL INTO SECONDARY STATES. ing unfair claims settlement practices (as time of issue. ‘‘A health insurance issuer may not offer, defined in section 2795(9)); ‘‘(e) PRIOR OFFERING OF POLICY IN PRIMARY sell, or issue individual health insurance ‘‘(2) require any individual health insur- STATE.—A health insurance issuer may not coverage in a secondary State if the primary ance coverage issued by the issuer to be offer for sale individual health insurance State does not meet the following require- countersigned by an insurance agent or coverage in a secondary State unless that ments: broker residing in that Secondary State; or coverage is currently offered for sale in the ‘‘(1) The State insurance commissioner ‘‘(3) otherwise discriminate against the primary State. must use a risk-based capital formula for the issuer issuing insurance in both the primary ‘‘(f) LICENSING OF AGENTS OR BROKERS FOR determination of capital and surplus require- State and in any secondary State. HEALTH INSURANCE ISSUERS.—Any State may ments for all health insurance issuers. ‘‘(c) CLEAR AND CONSPICUOUS DISCLOSURE.— require that a person acting, or offering to ‘‘(2) The State must have legislation or A health insurance issuer shall provide the act, as an agent or broker for a health insur- regulations in place establishing an inde- following notice, in 12-point bold type, in ance issuer with respect to the offering of in- pendent review process for individuals who any insurance coverage offered in a sec- dividual health insurance coverage obtain a are covered by individual health insurance ondary State under this part by such a license from that State, except that a State coverage unless the issuer provides an inde- health insurance issuer and at renewal of the many not impose any qualification or re- pendent review mechanism functionally policy, with the 5 blank spaces therein being quirement which discriminates against a equivalent (as determined by the primary appropriately filled with the name of the nonresident agent or broker. State insurance commissioner or official) to

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that prescribed in the ‘Health Carrier Exter- (b) REPEAL OF FSA TERMINATION PROVI- employee, the term ‘unused health benefits’ nal Review Model Act’ of the National Asso- SION.— means the excess of— ciation of Insurance Commissioners for all (1) IN GENERAL.—Subsection (e) of section ‘‘(A) the maximum amount of reimburse- individuals who purchase insurance coverage 106 of the Internal Revenue Code of 1986, as ment allowable to the employee for a plan under the terms of this part. added by the Tax Relief and Health Care Act year under a health flexible spending ar- ‘‘SEC. 2798. ENFORCEMENT. of 2006, is amended by striking ‘‘health flexi- rangement, over ‘‘(a) IN GENERAL.—Subject to subsection ble spending arrangement or’’ each place it ‘‘(B) the actual amount of reimbursement (b), with respect to specific individual health appears. for such year under such arrangement.’’. insurance coverage the primary State for (2) CONFORMING AMENDMENTS.— (b) REPEAL OF FSA TERMINATION PROVI- such coverage has sole jurisdiction to en- (A) The heading of section 106(e) of such SION.— force the primary State’s covered laws in the Code is amended by striking ‘‘FSA OR’’. (1) IN GENERAL.—Subsection (e) of section primary State and any secondary State. (B) Section 223(c)(1)(B)(iii)(II) of such Code, 106 of the Internal Revenue Code of 1986, as ‘‘(b) SECONDARY STATE’S AUTHORITY.— as added by the Tax Relief and Health Care added by the Tax Relief and Health Care Act Nothing in subsection (a) shall be construed Act of 2006, is amended to read as follows: of 2006, is amended by striking ‘‘health flexi- to affect the authority of a secondary State ‘‘(II) the balance of such arrangement is ble spending arrangement or’’ each place it to enforce its laws as set forth in the excep- contributed by the employer to a health sav- appears. tion specified in section 2796(b)(1). ings account of the individual under section (2) CONFORMING AMENDMENTS.— ‘‘(c) COURT INTERPRETATION.—In reviewing 125(h)(1)(B), in accordance with rules pre- (A) The heading of section 106(e) of such action initiated by the applicable secondary scribed by the Secretary.’’. Code is amended by striking ‘‘FSA OR’’. State authority, the court of competent ju- (c) EFFECTIVE DATE.—The amendments (B) Section 223(c)(1)(B)(iii)(II) of such Code, risdiction shall apply the covered laws of the made by subsection (a) shall apply to taxable as added by the Tax Relief and Health Care primary State. years beginning after December 31, 2010. Act of 2006, is amended to read as follows: ‘‘(d) NOTICE OF COMPLIANCE FAILURE.—In SEC. ll. EXPANSION OF USE OF HEALTH SAV- ‘‘(II) the balance of such arrangement is the case of individual health insurance cov- INGS ACCOUNTS FOR HEALTH IN- contributed by the employer to a health sav- erage offered in a secondary State that fails SURANCE PREMIUM PAYMENTS FOR ings account of the individual under section to comply with the covered laws of the pri- CERTAIN HIGH DEDUCTIBLE 125(h)(1)(B), in accordance with rules pre- HEALTH PLANS. mary State, the applicable State authority scribed by the Secretary.’’. (a) IN GENERAL.—Subparagraph (C) of sec- of the secondary State may notify the appli- (c) EFFECTIVE DATE.—The amendments tion 223(d)(2) of the Internal Revenue Code of cable State authority of the primary made by subsection (a) shall apply to taxable 1986 (relating to qualified medical expenses) State.’’. years beginning after December 31, 2010. is amended by striking ‘‘or’’ at the end of (2) EFFECTIVE DATE.—The amendment clause (iii), by striking the period at the end made by paragraph (1) shall apply to indi- SA 157. Mr. DEMINT submitted an of clause (iv), and by adding at the end the vidual health insurance coverage offered, following new clause: amendment intended to be proposed by issued, or sold after the date of the enact- ‘‘(v) any high deductible health plan other him to the bill H.R. 2, to amend the ment of this Act. than a group health plan (as defined in sec- Fair Labor Standards Act of 1938 to (c) SEVERABILITY.—If any provision of this section or the application of such provision tion 5000(b)(1)).’’. provide for an increase in the Federal (b) EFFECTIVE DATE.—The amendments to any person or circumstance is held to be minimum wage; which was ordered to made by this section shall apply to taxable lie on the table; as follows: unconstitutional, the remainder of this sec- years beginning after December 31, 2006. tion and the application of the provisions of In section 2 of the bill, strike subsection such to any other person or circumstance SA 156. Mr. DEMINT submitted an (a) and insert the following: shall not be affected. amendment intended to be proposed by (a) IN GENERAL.—Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. SEC. ll. DISPOSITION OF UNUSED HEALTH BEN- him to the bill H.R. 2, to amend the EFITS IN CAFETERIA PLANS AND 206(a)(1)) is amended to read as follows: FLEXIBLE SPENDING ARRANGE- Fair Labor Standards Act of 1938 to ‘‘(1) except as otherwise provided in this MENTS. provide for an increase in the Federal section, not less than— (a) IN GENERAL.—Section 125 of the Inter- minimum wage; which was ordered to ‘‘(A) beginning on the 60th day after the nal Revenue Code of 1986 (relating to cafe- lie on the table; as follows: date of enactment of the Fair Minimum teria plans) is amended by redesignating sub- At the appropriate place, insert the fol- Wage Act of 2007, an amount equal to the sections (h) and (i) as subsections (i) and (j), lowing: minimum wage in effect on such date in the respectively, and by inserting after sub- SEC. ll. DISPOSITION OF UNUSED HEALTH BEN- State in which such employee is employed section (g) the following: EFITS IN CAFETERIA PLANS AND (whether as a result of the application of ‘‘(h) CONTRIBUTIONS OF CERTAIN UNUSED FLEXIBLE SPENDING ARRANGE- Federal or State law) increased by $0.70; HEALTH BENEFITS.— MENTS. ‘‘(B) beginning 12 months after that 60th ‘‘(1) IN GENERAL.—For purposes of this (a) IN GENERAL.—Section 125 of the Inter- day, the amount that would be determined title, a plan or other arrangement shall not nal Revenue Code of 1986 (relating to cafe- under subparagraph (A) by substituting fail to be treated as a cafeteria plan solely teria plans) is amended by redesignating sub- ‘$1.40’ for ‘$0.70’; and because qualified benefits under such plan sections (h) and (i) as subsections (i) and (j), ‘‘(C) beginning 24 months after that 60th include a health flexible spending arrange- respectively, and by inserting after sub- day, the amount that would be determined ment under which not more than $500 of un- section (g) the following: under subparagraph (A) by substituting used health benefits may be— ‘‘(h) CONTRIBUTIONS OF CERTAIN UNUSED ‘$2.10’ for ‘$0.70’;’’. ‘‘(A) carried forward to the succeeding plan HEALTH BENEFITS.— year of such health flexible spending ar- ‘‘(1) IN GENERAL.—For purposes of this SA 158. Mr. DEMINT submitted an rangement, or title, a plan or other arrangement shall not amendment intended to be proposed by ‘‘(B) to the extent permitted by section fail to be treated as a cafeteria plan solely him to the bill H.R. 2, to amend the 106(d), contributed by the employer to a because qualified benefits under such plan Fair Labor Standards Act of 1938 to health savings account (as defined in section include a health flexible spending arrange- 223(d)) maintained for the benefit of the em- ment under which not more than $500 of un- provide for an increase in the Federal ployee. used health benefits may be— minimum wage; which was ordered to ‘‘(2) HEALTH FLEXIBLE SPENDING ARRANGE- ‘‘(A) carried forward to the succeeding plan lie on the table; as follows: MENT.—For purposes of this subsection, the year of such health flexible spending ar- In section 101 of the amendment, strike term ‘health flexible spending arrangement’ rangement, or subsection (a) and insert the following: means a flexible spending arrangement (as ‘‘(B) to the extent permitted by section (a) IN GENERAL.—Section 6(a)(1) of the Fair defined in section 106(c)) that is a qualified 106(d), contributed by the employer to a Labor Standards Act of 1938 (29 U.S.C. benefit and only permits reimbursement for health savings account (as defined in section 206(a)(1)) is amended to read as follows: expenses for medical care (as defined in sec- 223(d)) maintained for the benefit of the em- ‘‘(1) except as otherwise provided in this tion 213(d)(1), without regard to subpara- ployee. section, not less than— graphs (C) and (D) thereof). ‘‘(2) HEALTH FLEXIBLE SPENDING ARRANGE- ‘‘(A) beginning on the 60th day after the ‘‘(3) UNUSED HEALTH BENEFITS.—For pur- MENT.—For purposes of this subsection, the date of enactment of the Fair Minimum poses of this subsection, with respect to an term ‘health flexible spending arrangement’ Wage Act of 2007, an amount equal to the employee, the term ‘unused health benefits’ means a flexible spending arrangement (as minimum wage in effect on such date in the means the excess of— defined in section 106(c)) that is a qualified State in which such employee is employed ‘‘(A) the maximum amount of reimburse- benefit and only permits reimbursement for (whether as a result of the application of ment allowable to the employee for a plan expenses for medical care (as defined in sec- Federal or State law) increased by $0.70; year under a health flexible spending ar- tion 213(d)(1), without regard to subpara- ‘‘(B) beginning 12 months after that 60th rangement, over graphs (C) and (D) thereof). day, the amount that would be determined ‘‘(B) the actual amount of reimbursement ‘‘(3) UNUSED HEALTH BENEFITS.—For pur- under subparagraph (A) by substituting for such year under such arrangement.’’. poses of this subsection, with respect to an ‘$1.40’ for ‘$0.70’; and

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S963 ‘‘(C) beginning 24 months after that 60th ceipts of the taxpayer (or any predecessor) apply, and the unpaid portion of the tax pay- day, the amount that would be determined for the 2 prior taxable years, and able in installments shall be paid on or be- under subparagraph (A) by substituting ‘‘(D) the taxpayer uses an accrual method fore the due date for filing the return of tax ‘$2.10’ for ‘$0.70’;’’. of accounting. imposed by chapter 1 for the first taxable ‘‘(2) CERTAIN RULES TO APPLY.—Rules simi- year following such cessation. SA 159. Mr. DEMINT submitted an lar to the rules of paragraphs (2) and (3) of ‘‘(B) OWNERSHIP CHANGE.—For purposes of amendment intended to be proposed by section 448(c) shall apply for purposes of this subparagraph, in the case of a corporation, him to the bill H.R. 2, to amend the subsection. the term ‘ownership change’ has the mean- ‘‘(d) DATE FOR PAYMENT OF INSTALLMENTS; Fair Labor Standards Act of 1938 to ing given to such term by section 382. Rules TIME FOR PAYMENT OF INTEREST.— similar to the rules applicable under the pre- provide for an increase in the Federal ‘‘(1) DATE FOR PAYMENT OF INSTALLMENTS.— ceding sentence shall apply to a partnership. minimum wage; which was ordered to ‘‘(A) IN GENERAL.—If an election is made ‘‘(3) PRORATION OF DEFICIENCY TO INSTALL- lie on the table; as follows: under this section for any taxable year, the MENTS.—Rules similar to the rules of section At the appropriate place, insert the fol- first installment shall be paid on or before 6166(e) shall apply for purposes of this sec- lowing: the due date for such installment and each tion. succeeding installment shall be paid on or SEC. ll. PROTECTION OF WORKERS’ POLITICAL ‘‘(f) BRIDGE ACCOUNT.—For purposes of RIGHTS. before the date which is 1 year after the date this section— Title III of the Labor Management Rela- prescribed by this paragraph for payment of ‘‘(1) IN GENERAL.—The term ‘BRIDGE Ac- tions Act, 1947 (29 U.S.C. 185 et seq.) is the preceding installment. count’ means a trust created or organized in UE DATE FOR FIRST INSTALLMENT.— amended by adding at the end the following: ‘‘(B) D the United States for the exclusive benefit of The due date for the first installment for a an eligible small business, but only if the ‘‘SEC. 304. PROTECTION OF WORKER’S POLITICAL taxable year shall be whichever of the fol- RIGHTS. written governing instrument creating the lowing is the earliest: trust meets the following requirements: ‘‘(a) PROHIBITION.—Except with the sepa- ‘‘(i) The date selected by the taxpayer. ‘‘(A) No contribution will be accepted for rate, prior, written, voluntary authorization ‘‘(ii) The date which is 2 years after the any taxable year in excess of the amount al- of an individual, it shall be unlawful for any date prescribed by section 6151(a) for pay- lowed as a deferral under subsection (b) for labor organization to collect from or assess ment of the tax for such taxable year. such year. its members or nonmembers any dues, initi- ‘‘(2) TIME FOR PAYMENT OF INTEREST.—If ‘‘(B) The trustee is a bank (as defined in ation fee, or other payment if any part of the time for payment of any amount of tax section 408(n)) or another person who dem- such dues, fee, or payment will be used to has been extended under this section— onstrates to the satisfaction of the Secretary lobby members of Congress or Congressional ‘‘(A) INTEREST FOR PERIOD BEFORE DUE DATE that the manner in which such person will staff for the purpose of influencing legisla- OF FIRST INSTALLMENT.—Interest payable administer the trust will be consistent with tion. under section 6601 on any unpaid portion of the requirements of this section. ‘‘(b) AUTHORIZATION.—An authorization de- such amount attributable to the period be- scribed in subsection (a) shall remain in ef- ‘‘(C) The assets of the trust consist en- fore the due date for the first installment tirely of cash or of obligations which have fect until revoked and may be revoked at shall be paid annually. any time.’’. adequate stated interest (as defined in sec- ‘‘(B) INTEREST DURING INSTALLMENT PE- tion 1274(c)(2)) and which pay such interest RIOD.—Interest payable under section 6601 on not less often than annually. SA 160. Mr. DEMINT submitted an any unpaid portion of such amount attrib- ‘‘(D) The assets of the trust will not be amendment intended to be proposed by utable to any period after such period shall commingled with other property except in a him to the bill H.R. 2, to amend the be paid at the same time as, and as a part of, common trust fund or common investment Fair Labor Standards Act of 1938 to each installment payment of the tax. fund. provide for an increase in the Federal ‘‘(C) INTEREST IN THE CASE OF CERTAIN DEFI- ‘‘(E) Amounts in the trust may be used minimum wage; which was ordered to CIENCIES.—In the case of a deficiency to only— which subsection (e)(3) applies for a taxable lie on the table; as follows: ‘‘(i) as security for a loan to the business year which is assessed after the due date for or for repayment of such loan, or At the appropriate place, insert the fol- the first installment for such year, interest ‘‘(ii) to pay the installments under this lowing: attributable to the period before such due section. SEC. ll. DEFERRED PAYMENT OF TAX BY CER- date, and interest assigned under subpara- ‘‘(2) ACCOUNT TAXED AS GRANTOR TRUST.— TAIN SMALL BUSINESSES. graph (B) to any installment the date for The grantor of a BRIDGE Account shall be (a) IN GENERAL.—Subchapter B of chapter payment of which has arrived on or before treated for purposes of this title as the 62 (relating to extensions of time for pay- the date of the assessment of the deficiency, owner of such Account and shall be subject ment of tax) is amended by adding at the end shall be paid upon notice and demand from to tax thereon in accordance with subpart E the following new section: the Secretary. of part I of subchapter J of this chapter (re- ‘‘(e) SPECIAL RULES.— ‘‘SEC. 6168. EXTENSION OF TIME FOR PAYMENT lating to grantors and others treated as sub- ‘‘(1) APPLICATION OF LIMITATION TO PART- OF TAX FOR CERTAIN SMALL BUSI- stantial owners). NESSES. NERS AND S CORPORATION SHAREHOLDERS.— ‘‘(3) TIME WHEN PAYMENTS DEEMED MADE.— ‘‘(a) IN GENERAL.—An eligible small busi- ‘‘(A) IN GENERAL.—In applying this section For purposes of this section, a taxpayer shall ness may elect to pay the tax imposed by to a partnership which is an eligible small be deemed to have made a payment to a chapter 1 in 4 equal installments. business— BRIDGE Account on the last day of a taxable ‘‘(b) LIMITATION.—The maximum amount of ‘‘(i) the election under subsection (a) shall year if such payment is made on account of tax which may be paid in installments under be made by the partnership, such taxable year and is made within 31⁄2 this section for any taxable year shall not ‘‘(ii) the amount referred to in subsection months after the close of such taxable year. exceed whichever of the following is the (b)(1) shall be the sum of each partner’s tax ‘‘(g) REPORTS.—The Secretary may require least: which is attributable to items of the partner- such reporting as the Secretary determines ‘‘(1) The tax imposed by chapter 1 for the ship and assuming the highest marginal rate to be appropriate to carry out this section. taxable year. under section 1, and ‘‘(h) APPLICATION OF SECTION.—This section ‘‘(2) The amount contributed by the tax- ‘‘(iii) the partnership shall be treated as shall apply to taxes imposed for taxable payer into a BRIDGE Account during such the taxpayer referred to in paragraphs (2) years beginning after December 31, 2010, and year. and (3) of subsection (b). before January 1, 2015.’’ ‘‘(3) The excess of $250,000 over the aggre- ‘‘(B) OVERALL LIMITATION ALSO APPLIED AT (b) PRIORITY OF LENDER.—Subsection (b) of gate amount of tax for which an election PARTNER LEVEL.—In the case of a partner in section 6323 is amended by adding at the end under this section was made by the taxpayer a partnership, the limitation under sub- the following new paragraph: (or any predecessor) for all prior taxable section (b)(3) shall be applied at the partner- ‘‘(11) LOANS SECURED BY BRIDGE AC- years. ship and partner levels. COUNTS.—With respect to a BRIDGE account ‘‘(c) ELIGIBLE SMALL BUSINESS.—For pur- ‘‘(C) SIMILAR RULES FOR S CORPORATIONS.— (as defined in section 6168(f)) with any bank poses of this section— Rules similar to the rules of subparagraphs (as defined in section 408(n)), to the extent of ‘‘(1) IN GENERAL.—The term ‘eligible small (A) and (B) shall apply to shareholders in an any loan made by such bank without actual business’ means, with respect to any taxable S corporation. notice or knowledge of the existence of such year, any person if— ‘‘(2) ACCELERATION OF PAYMENT IN CERTAIN lien, as against such bank, if such loan is se- ‘‘(A) such person meets the active business CASES.— cured by such account.’’ requirements of section 1202(e) throughout ‘‘(A) IN GENERAL.—If— (c) CLERICAL AMENDMENT.—The table of such taxable year, ‘‘(i) the taxpayer ceases to meet the re- sections for subchapter B of chapter 62 is ‘‘(B) the taxpayer has gross receipts of quirement of subsection (c)(1)(A), or amended by adding at the end the following $10,000,000 or less for the taxable year, ‘‘(ii) there is an ownership change with re- new item: ‘‘(C) the gross receipts of the taxpayer for spect to the taxpayer, ‘‘Sec. 6168. Extension of time for payment of such taxable year are at least 10 percent then the extension of time for payment of tax for certain small busi- greater than the average annual gross re- tax provided in subsection (a) shall cease to nesses.’’.

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(d) EFFECTIVE DATE.—The amendments (1) in subsection (a), by striking ‘‘is en- At the appropriate place, insert the fol- made by this section shall apply to taxable gaged in commerce or in the production of lowing: years beginning after December 31, 2010. goods for commerce, or’’; and SEC. ll. REGULATORY FLEXIBILITY REFORM (e) STUDY BY GENERAL ACCOUNTING OF- (2) in subsection (b), by striking ‘‘is en- FOR SMALL BUSINESSES. FICE.— gaged in commerce or in the production of (a) REQUIREMENTS PROVIDING FOR MORE DE- (1) STUDY.—In consultation with the Sec- goods for commerce, or’’. TAILED ANALYSES.— retary of the Treasury, the Comptroller Gen- (1) INITIAL REGULATORY FLEXIBILITY ANAL- eral of the United States shall undertake a SA 163. Ms. SNOWE (for herself and YSIS.—Section 603 of title 5, United States study to evaluate the applicability (includ- Mr. FEINGOLD) submitted an amend- Code, is amended by adding at the end the ing administrative aspects) and impact of ment intended to be proposed by her to following: the BRIDGE Act of 2007 including how it af- the bill H.R. 2, to amend the Fair ‘‘(d) An agency shall notify the Chief Coun- fects the capital funding needs of businesses sel for Advocacy of the Small Business Ad- Labor Standards Act of 1938 to provide ministration of any draft rules that may under the Act and number of businesses ben- for an increase in the Federal min- efitting. have a significant economic impact on a sub- (2) REPORT.—Not later than March 31, 2014, imum wage; which was ordered to lie stantial number of small entities either— the Comptroller General shall transmit to on the table; as follows: ‘‘(1) when the agency submits a draft rule the Committee on Ways and Means of the At the appropriate place, insert the fol- to the Office of Information and Regulatory House of Representatives and the Committee lowing: Affairs at the Office of Management and on Finance of the Senate a written report SEC. lll. EQUAL ACCESS FOR SMALL PARTIES Budget under Executive Order 12866, if that presenting the results of the study conducted IN CIVIL AND ADMINISTRATIVE PRO- order requires such submission; or pursuant to this subsection, together with CEEDINGS. ‘‘(2) if no submission to the Office of Infor- such recommendations for legislative or ad- (a) ELIGIBILITY OF SMALL BUSINESSES FOR mation and Regulatory Affairs is so re- ministrative changes as the Comptroller FEE AWARD.— quired, at a reasonable time prior to publica- General determines are appropriate. (1) ADMINISTRATIVE PROCEEDINGS.— tion of the rule by the agency.’’. (A) IN GENERAL.—Section 504(b)(1)(B)(ii) of (2) FINAL REGULATORY FLEXIBILITY ANAL- SA 161. Mr. DEMINT submitted an title 5, United States Code, is amended by YSIS.— amendment intended to be proposed by striking ‘‘$7,000,000’’ and inserting (A) INCLUSION OF RESPONSE TO COMMENTS ON CERTIFICATION OF PROPOSED RULE.—Section him to the bill H.R. 2, to amend the ‘‘$10,000,000’’. (B) ADJUSTMENT IN NET WORTH LIMITA- 604(a)(2) of title 5, United States Code, is Fair Labor Standards Act of 1938 to TION.—Section 504(b) of title 5, United States amended by inserting ‘‘(or certification of provide for an increase in the Federal Code, is amended by adding at the end the the proposed rule under section 605(b))’’ after minimum wage; which was ordered to following: ‘‘initial regulatory flexibility analysis’’. lie on the table; as follows: ‘‘(3) Beginning on January 1 of the 5th year (B) INCLUSION OF RESPONSE TO COMMENTS At the appropriate place, insert the fol- following the date of enactment of this para- FILED BY CHIEF COUNSEL FOR ADVOCACY.—Sec- lowing: graph, and on January 1 every 5 years there- tion 604(a) of title 5, United States Code, is amended by redesignating paragraphs (3), (4), SEC. ll. FLEXIBLE SCHEDULE PROGRAMS. after, the dollar amount under paragraph (1)(B)(ii) shall be adjusted by the Producer and (5) as paragraphs (4), (5), and (6), respec- (a) PROHIBITION OF USE OF FLEXIBLE SCHED- Price Index as determined by the Secretary tively, and inserting after paragraph (2) the ULES FOR FEDERAL EMPLOYEES UNTIL FLEXI- of the Treasury, in collaboration with the following: BLE SCHEDULES ARE AVAILABLE TO PRIVATE Bureau of Labor Statistics.’’. ‘‘(3) the response of the agency to any com- EMPLOYEES.— (2) JUDICIAL PROCEEDINGS.— ments filed by the Chief Counsel for Advo- (1) PROHIBITION OF USE OF FLEXIBLE SCHED- (A) IN GENERAL.—Section 2412(d)(2)(B)(ii) of cacy of the Small Business Administration ULES FOR FEDERAL EMPLOYEES.—Notwith- in response to the proposed rule, and a de- standing any provision of subchapter II of title 28, United States Code, is amended by tailed statement of any changes made to the chapter 61 of title 5, United States Code, no striking ‘‘$7,000,000’’ and inserting proposed rule in the final rule as a result of agency may establish, administer, or use any ‘‘$10,000,000’’. such comments;’’. flexible schedule program authorized under (B) ADJUSTMENT IN NET WORTH LIMITA- (C) PUBLICATION OF ANALYSIS ON WEB SITE, section 6122 of that title. TION.—Section 2412(d) of title 28, United States Code, is amended by adding at the end ETC.—Section 604(b) of title 5, United States (2) EFFECTIVE DATE.—Paragraph (1) shall the following: Code, is amended to read as follows: take effect 1 year after the date of enact- ‘‘(b) The agency shall make copies of the ment of this Act, unless during such 1 year ‘‘(5) Beginning on January 1 of the 5th year following the date of enactment of this para- final regulatory flexibility analysis available period, the Secretary of Labor submits cer- to the public, including placement of the en- tification to the Office of Personnel Manage- graph, and on January 1 every 5 years there- after, the dollar amount under paragraph tire analysis on the agency’s Web site, and ment that a statute has been enacted that shall publish in the Federal Register the allows employers covered by the Fair Labor (2)(B)(ii) shall be adjusted by the Producer Price Index as determined by the Secretary final regulatory flexibility analysis, or a Standards Act of 1938 to provide for the use summary thereof that includes the telephone of a flexible schedule similar to the flexible of the Treasury, in collaboration with the Bureau of Labor Statistics.’’. number, mailing address, and link to the schedule program authorized under section Web site where the complete analysis may be (b) ELIMINATION OF RATE CAP.— 6122 of title 5, United States Code, for em- obtained.’’. (1) ADMINISTRATIVE PROCEEDINGS.—Section ployees engaged in commerce or in the pro- 504(b)(1)(A) of title 5, United States Code, is (3) CROSS-REFERENCES TO OTHER ANAL- duction of goods for commerce. amended— YSES.—Section 605(a) of title 5, United States (b) TERMINATION OF PROHIBITION.—If the (A) by striking ‘‘(i)’’; and Code, is amended to read as follows: prohibition under subsection (a) takes effect, ‘‘(a) A Federal agency shall be treated as (B) by striking ‘‘by the agency involved’’ that subsection shall cease to have any force satisfying any requirement regarding the and all that follows through ‘‘a higher fee’’ or effect on the date that the Secretary of content of an agenda or regulatory flexi- Labor submits a certification described in and inserting ‘‘by the agency involved’’. bility analysis under section 602, 603, or 604, subsection (a)(2) to the Office of Personnel (2) JUDICIAL PROCEEDINGS.—Section if such agency provides in such agenda or Management. 2412(d)(2)(A) of title 28, United States Code, analysis a cross-reference to the specific por- is amended— tion of another agenda or analysis that is re- (A) by striking ‘‘(i)’’; and SA 162. Mr. DEMINT submitted an quired by any other law and which satisfies (B) by striking ‘‘by the United States’’ and amendment intended to be proposed by such requirement.’’. all that follows through ‘‘a higher fee’’ and (4) CERTIFICATIONS.—The second sentence him to the bill H.R. 2, to amend the inserting ‘‘by the United States’’. Fair Labor Standards Act of 1938 to of section 605(b) of title 5, United States (c) APPLICABILITY.—The amendments made Code, is amended— provide for an increase in the Federal by this section shall— (A) by inserting ‘‘detailed’’ before ‘‘state- minimum wage; which was ordered to (1) take effect 30 days after the date of the ment’’; and lie on the table; as follows: enactment of this Act; and (B) by inserting ‘‘and legal’’ after ‘‘fac- (2) apply to any proceeding pending on, or At the appropriate place, insert the fol- tual’’. commenced on or after, the effective date of lowing: (5) QUANTIFICATION REQUIREMENTS.—Sec- this section. SEC. ll. ENTERPRISE ENGAGED IN COMMERCE. tion 607 of title 5, United States Code, is amended to read as follows: (a) ANNUAL GROSS VOLUME OF SALES.—Sec- SA 164. Ms. SNOWE submitted an tion 3(s)(1)(A)(ii) of the Fair Labor Standards amendment intended to be proposed by ‘‘§ 607. Quantification requirements Act of 1938 (29 U.S.C. 203(s)(1)(A)(ii)) is him to the bill H.R. 2, to amend the ‘‘In complying with sections 603 and 604, an amended by striking ‘‘$500,000’’ and inserting agency shall provide— ‘‘$1,080,000’’. Fair Labor Standards Act of 1938 to ‘‘(1) a quantifiable or numerical descrip- (b) APPLICABILITY OF MINIMUM WAGE.—Sec- provide for an increase in the Federal tion of the effects of the proposed or final tion 6 of the Fair Labor Standards Act of minimum wage; which was ordered to rule and alternatives to the proposed or final 1938 (20 U.S.C. 206) is amended— lie on the table; as follows: rule; or

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S965 ‘‘(2) a more general descriptive statement described in the last sentence of section posed to the bill H.R. 2, to amend the and a detailed statement explaining why 3(32)’’. Fair Labor Standards Act of 1938 to quantification is not practicable or reli- (c) EFFECTIVE DATE.—The amendments provide for an increase in the Federal able.’’. made by this section shall take effect as if minimum wage; which was ordered to (b) TECHNICAL AND CONFORMING AMEND- included in section 906 of the Pension Protec- MENTS.— tion Act of 2006. lie on the table; as follows: (1) HEADING.—The heading of section 605 of In lieu of the matter proposed to be in- title 5, United States Code, is amended to SA 166. Mr. SMITH submitted an serted, insert the following: read as follows: amendment intended to be proposed by TITLE II—AGJOBS ACT OF 2007 ‘‘§ 605. Incorporations by reference and cer- him to the bill H.R. 2, to amend the SEC. 201. SHORT TITLE. tifications’’. Fair Labor Standards Act of 1938 to This title may be cited as the ‘‘Agricul- (2) TABLE OF SECTIONS.—The table of sec- provide for an increase in the Federal tural Job Opportunities, Benefits, and Secu- tions for chapter 6 of title 5, United States minimum wage; which was ordered to rity Act of 2007’’ or the ‘‘AgJOBS Act of 2007’’. Code, is amended— lie on the table; as follows: (A) by striking the item relating to section SEC. 202. DEFINITIONS. At the appropriate place, insert the fol- 605 and inserting the following: In this title: lowing: ‘‘605. Incorporations by reference and certifi- (1) AGRICULTURAL EMPLOYMENT.—The term ll cations.’’; and SEC. . EXPANSION OF DEDUCTION FOR ‘‘agricultural employment’’ means any serv- HEALTH INSURANCE COSTS OF ice or activity that is considered to be agri- (B) by striking the item relating to section SELF-EMPLOYED INDIVIDUALS. cultural under section 3(f) of the Fair Labor 607 and inserting the following: (a) IN GENERAL.—Paragraph (1) of section Standards Act of 1938 (29 U.S.C. 203(f)) or ag- ‘‘607. Quantification requirements.’’. 162(l) of the Internal Revenue Code of 1986 ricultural labor under section 3121(g) of the (relating to special rules for health insur- Internal Revenue Code of 1986 or the per- SA 165. Mr. SMITH (for himself and ance costs of self-employed individuals) is formance of agricultural labor or services de- Mr. BINGAMAN) submitted an amend- amended to read as follows: scribed in section 101(a)(15)(H)(ii)(a) of the ment intended to be proposed by him ‘‘(1) ALLOWANCE OF DEDUCTION.—In the case Immigration and Nationality Act (8 U.S.C. to the bill H.R. 2, to amend the Fair of a taxpayer who is an employee within the 1101(a)(15)(H)(ii)(a)). meaning of section 401(c)(1), there shall be Labor Standards Act of 1938 to provide (2) BLUE CARD STATUS.—The term ‘‘blue for an increase in the Federal min- allowed as a deduction under this section an card status’’ means the status of an alien amount equal to the amount paid during the who has been lawfully admitted into the imum wage; which was ordered to lie taxable year for insurance which constitutes on the table; as follows: United States for temporary residence under medical care for— section 211(a). At the appropriate place, insert the fol- ‘‘(A) the taxpayer, (3) DEPARTMENT.—The term ‘‘Department’’ lowing: ‘‘(B) the taxpayer’s spouse, means the Department of Homeland Secu- SEC. lll. TREATMENT OF CERTAIN PENSION ‘‘(C) the taxpayer’s dependents, rity. PLANS OF INDIAN TRIBAL GOVERN- ‘‘(D) any individual— (4) EMPLOYER.—The term ‘‘employer’’ MENTS. ‘‘(i) who was not the spouse, determined (a) AMENDMENT TO INTERNAL REVENUE CODE means any person or entity, including any without regard to section 7703, of the tax- farm labor contractor and any agricultural OF 1986.—The last sentence of section 414(d) payer at any time during the taxable year of of the Internal Revenue Code of 1986 (defini- association, that employs workers in agri- the taxpayer, cultural employment. tion of governmental plan) is amended to ‘‘(ii) who— read as follows: ‘‘The term ‘governmental (5) SECRETARY.—Except as otherwise pro- ‘‘(I) has not attained the age of 19 as of the vided, the term ‘‘Secretary’’ means the Sec- plan’ includes a plan established or main- close of the calendar year in which the tax- tained for its employees by an Indian tribal retary of Homeland Security. able year of the taxpayer begins, or (6) TEMPORARY.—A worker is employed on government (as defined in section ‘‘(II) is a student who has not attained the 7701(a)(40)), a subdivision of an Indian tribal a ‘‘temporary’’ basis when the employment age of 24 as of the close of such calendar is intended not to exceed 10 months. government (determined in accordance with year, section 7871(d)), an agency instrumentality (7) WORK DAY.—The term ‘‘work day’’ ‘‘(iii) who, for the taxable year of the tax- means any day in which the individual is em- (or subdivision) of an Indian tribal govern- payer, has the same principal place of abode ment, or an entity established under Fed- ployed 5.75 or more hours in agricultural em- as the taxpayer and is a member of the tax- ployment. eral, State, or tribal law which is wholly payer’s household, and Subtitle A—Pilot Program for Earned Status owned or controlled by any of the fore- ‘‘(iv) with respect to whom the taxpayer Adjustment of Agricultural Workers going.’’. provides over one-half of the individual’s (b) AMENDMENTS TO EMPLOYEE RETIREMENT support for the calendar year in which the PART I—BLUE CARD STATUS INCOME SECURITY ACT OF 1974.— taxpayer’s taxable year begins, and SEC. 211. REQUIREMENTS FOR BLUE CARD STA- (1) IN GENERAL.—The last sentence of sec- ‘‘(E) an individual— TUS. tion 3(32) of the Employee Retirement In- ‘‘(i) who is designated by the taxpayer for (a) REQUIREMENT TO GRANT BLUE CARD come Security Act of 1974 (29 U.S.C. 1002(32)) purposes of this paragraph, STATUS.—Notwithstanding any other provi- is amended to read as follows: ‘‘The term ‘‘(ii) who is not the spouse or qualifying sion of law, the Secretary shall, pursuant to ‘governmental plan’ includes a plan estab- child of such taxpayer or any other taxpayer the requirements of this section, grant blue lished or maintained for its employees by an for any taxable year beginning in the cal- card status to an alien who qualifies under Indian tribal government (as defined in sec- endar year in which the taxpayer’s taxable this section if the Secretary determines that tion 7701(a)(40) of the Internal Revenue Code year begins, and the alien— of 1986), a subdivision of an Indian tribal gov- ‘‘(iii) who, for the taxable year of the tax- (1) has performed agricultural employment ernment (determined in accordance with sec- payer, has the same principal place of abode in the United States for at least 863 hours or tion 7871(d) of such Code), an agency instru- as the taxpayer and is a member of the tax- 150 work days during the 24-month period mentality (or subdivision) of an Indian tribal payer’s household. ending on December 31, 2006; government, or an entity established under For purposes of subparagraph (E)(i), not (2) applied for such status during the 18- Federal, State, or tribal law that is wholly more than 1 person may be designated by the month application period beginning on the owned or controlled by any of the fore- taxpayer for any taxable year.’’. first day of the seventh month that begins going.’’. (b) CONFORMING AMENDMENT.—Subpara- after the date of enactment of this Act; (2) CONFORMING AMENDMENTS.— graph (B) of section 162(l)(2) of the Internal (3) is otherwise admissible to the United (A) Paragraph (14) of section 4021(b) of such Revenue Code of 1986 is amended by striking States under section 212 of the Immigration Act (29 U.S.C. 1321(b)(14)) is amended to read ‘‘or of the spouse of the taxpayer’’ and in- and Nationality Act (8 U.S.C. 1182), except as as follows: serting ‘‘, of the spouse of the taxpayer, or of otherwise provided under section 215(b); and ‘‘(14) established or maintained for its em- any individual described in paragraph (4) has not been convicted of any felony or ployees by an Indian tribal government (as (1)(E)’’. a misdemeanor, an element of which in- defined in section 7701(a)(40) of the Internal (c) EFFECTIVE DATE.—The amendments volves bodily injury, threat of serious bodily Revenue Code of 1986), a subdivision of an In- made by this section shall apply to taxable injury, or harm to property in excess of $500. dian tribal government (determined in ac- years beginning after December 31, 2007. (b) AUTHORIZED TRAVEL.—An alien who is cordance with section 7871(d) of such Code), granted blue card status is authorized to an agency instrumentality (or subdivision) SA 167. Mrs. FEINSTEIN (for herself travel outside the United States (including of an Indian tribal government, or an entity and Mr. CRAIG) submitted an amend- commuting to the United States from a resi- established under Federal, State, or tribal ment intended to be proposed to dence in a foreign country) in the same man- law that is wholly owned or controlled by ner as an alien lawfully admitted for perma- any of the foregoing.’’. amendment SA 118 submitted by Mr. nent residence. (B) Section 4021(b)(2) of such Act (29 U.S.C. CHAMBLISS (for himself, Mr. ISAKSON, (c) AUTHORIZED EMPLOYMENT.—The Sec- 1321(b)(2) is amended by striking ‘‘or which is and Mr. BURR) and intended to be pro- retary shall provide an alien who is granted

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(c) TERMS OF EMPLOYMENT.— ceeding between the employee and the em- (d) TERMINATION OF BLUE CARD STATUS.— (1) PROHIBITION.—No alien granted blue ployee’s current or prior employer brought (1) IN GENERAL.—The Secretary may termi- card status may be terminated from employ- before an arbitrator, administrative agency, nate blue card status granted to an alien ment by any employer during the period of court, or judge of any State or the United under this section only if the Secretary de- blue card status except for just cause. States, regardless of whether the prior ac- termines that the alien is deportable. (2) TREATMENT OF COMPLAINTS.— tion was between the same or related parties (2) GROUNDS FOR TERMINATION OF BLUE CARD (A) ESTABLISHMENT OF PROCESS.—The Sec- or involved the same facts, except that the STATUS.—Before any alien becomes eligible retary shall establish a process for the re- arbitrator’s specific finding of the number of for adjustment of status under section 213, ceipt, initial review, and disposition of com- days or hours of work lost by the employee the Secretary may deny adjustment to per- plaints by aliens granted blue card status as a result of the employment termination manent resident status and provide for ter- who allege that they have been terminated may be referred to the Secretary pursuant to mination of the blue card status granted without just cause. No proceeding shall be subparagraph (D). such alien under paragraph (1) if— conducted under this paragraph with respect (3) CIVIL PENALTIES.— (A) the Secretary finds, by a preponderance to a termination unless the Secretary deter- (A) IN GENERAL.—If the Secretary finds, of the evidence, that the adjustment to blue mines that the complaint was filed not later after notice and opportunity for a hearing, card status was the result of fraud or willful than 6 months after the date of the termi- that an employer of an alien granted blue misrepresentation (as described in section nation. card status has failed to provide the record 212(a)(6)(C)(i) of the Immigration and Nation- (B) INITIATION OF ARBITRATION.—If the Sec- of employment required under section 211(e) ality Act (8 U.S.C. 1182(a)(6)(C)(i)); or retary finds that an alien has filed a com- or has provided a false statement of material (B) the alien— plaint in accordance with subparagraph (A) fact in such a record, the employer shall be (i) commits an act that makes the alien in- and there is reasonable cause to believe that subject to a civil money penalty in an admissible to the United States as an immi- the alien was terminated from employment amount not to exceed $1,000 per violation. without just cause, the Secretary shall ini- grant, except as provided under section (B) LIMITATION.—The penalty applicable 215(b); tiate binding arbitration proceedings by re- under subparagraph (A) for failure to provide questing the Federal Mediation and Concilia- (ii) is convicted of a felony or 3 or more records shall not apply unless the alien has tion Service to appoint a mutually agreeable misdemeanors committed in the United provided the employer with evidence of em- arbitrator from the roster of arbitrators States; ployment authorization granted under this maintained by such Service for the geo- (iii) is convicted of an offense, an element section. of which involves bodily injury, threat of se- graphical area in which the employer is lo- cated. The procedures and rules of such Serv- SEC. 213. ADJUSTMENT TO PERMANENT RESI- rious bodily injury, or harm to property in DENCE. excess of $500; or ice shall be applicable to the selection of such arbitrator and to such arbitration pro- (a) IN GENERAL.—Except as provided in (iv) fails to perform the agricultural em- subsection (b), the Secretary shall adjust the ployment required under section 213(a)(1)(A) ceedings. The Secretary shall pay the fee and expenses of the arbitrator, subject to the status of an alien granted blue card status to unless the alien was unable to work in agri- that of an alien lawfully admitted for perma- cultural employment due to the extraor- availability of appropriations for such pur- pose. nent residence if the Secretary determines dinary circumstances described in section (C) ARBITRATION PROCEEDINGS.—The arbi- that the following requirements are satis- 213(a)(3). trator shall conduct the proceeding under fied: (e) RECORD OF EMPLOYMENT.— this paragraph in accordance with the poli- (1) QUALIFYING EMPLOYMENT.— (1) IN GENERAL.—Each employer of an alien (A) IN GENERAL.—Subject to subparagraph granted blue card status under this section cies and procedures promulgated by the (B), the alien has performed at least— shall annually— American Arbitration Association applicable (i) 5 years of agricultural employment in (A) provide a written record of employ- to private arbitration of employment dis- the United States for at least 100 work days ment to the alien; and putes. The arbitrator shall make findings re- specting whether the termination was for per year, during the 5-year period beginning (B) provide a copy of such record to the just cause. The arbitrator may not find that on the date of the enactment of this Act; or Secretary. the termination was for just cause unless the (ii) 3 years of agricultural employment in (2) SUNSET.—The obligation under para- employer so demonstrates by a preponder- the United States for at least 150 work days graph (1) shall terminate on the date that is ance of the evidence. If the arbitrator finds per year, during the 3-year period beginning 6 years after the date of the enactment of that the termination was not for just cause, on the date of the enactment of this Act. this Act. the arbitrator shall make a specific finding (B) 4-YEAR PERIOD OF EMPLOYMENT.—An (f) REQUIRED FEATURES OF IDENTITY of the number of days or hours of work lost alien shall be considered to meet the require- CARD.—The Secretary shall provide each alien granted blue card status, and the by the employee as a result of the termi- ments of subparagraph (A) if the alien has spouse and any child of each such alien resid- nation. The arbitrator shall have no author- performed 4 years of agricultural employ- ing in the United States, with a card that ity to order any other remedy, including re- ment in the United States for at least 150 contains— instatement, back pay, or front pay to the work days during 3 years of those 4 years and (1) an encrypted, machine-readable, elec- affected employee. Not later than 30 days at least 100 work days during the remaining tronic identification strip that is unique to after the date of the conclusion of the arbi- year, during the 4-year period beginning on the alien to whom the card is issued; tration proceeding, the arbitrator shall the date of the enactment of this Act. (2) biometric identifiers, including finger- transmit the findings in the form of a writ- (2) PROOF.—An alien may demonstrate prints and a digital photograph; and ten opinion to the parties to the arbitration compliance with the requirement under (3) physical security features designed to and the Secretary. Such findings shall be paragraph (1) by submitting— prevent tampering, counterfeiting, or dupli- final and conclusive, and no official or court (A) the record of employment described in cation of the card for fraudulent purposes. of the United States shall have the power or section 211(e); or (g) FINE.—An alien granted blue card sta- jurisdiction to review any such findings. (B) such documentation as may be sub- tus shall pay a fine of $100 to the Secretary. (D) EFFECT OF ARBITRATION FINDINGS.—If mitted under section 214(c). (h) MAXIMUM NUMBER.—The Secretary may the Secretary receives a finding of an arbi- (3) EXTRAORDINARY CIRCUMSTANCES.—In de- not issue more than 1,500,000 blue cards dur- trator that an employer has terminated the termining whether an alien has met the re- ing the 5-year period beginning on the date employment of an alien who is granted blue quirement of paragraph (1)(A), the Secretary of the enactment of this Act. card status without just cause, the Secretary may credit the alien with not more than 12 SEC. 212. TREATMENT OF ALIENS GRANTED BLUE shall credit the alien for the number of days additional months to meet the requirement CARD STATUS. or hours of work not performed during such of that subparagraph if the alien was unable (a) IN GENERAL.—Except as otherwise pro- period of termination for the purpose of de- to work in agricultural employment due to— vided under this section, an alien granted termining if the alien meets the qualifying (A) pregnancy, injury, or disease, if the blue card status shall be considered to be an employment requirement of section 213(a). alien can establish such pregnancy, disabling alien lawfully admitted for permanent resi- (E) TREATMENT OF ATTORNEY’S FEES.—Each injury, or disease through medical records; dence for purposes of any law other than any party to an arbitration under this paragraph (B) illness, disease, or other special needs provision of the Immigration and Nation- shall bear the cost of their own attorney’s of a minor child, if the alien can establish ality Act (8 U.S.C. 1101 et seq.). fees for the arbitration. such illness, disease, or special needs (b) DELAYED ELIGIBILITY FOR CERTAIN FED- (F) NONEXCLUSIVE REMEDY.—The complaint through medical records; or ERAL PUBLIC BENEFITS.—An alien granted process provided for in this paragraph is in (C) severe weather conditions that pre- blue card status shall not be eligible, by rea- addition to any other rights an employee vented the alien from engaging in agricul- son of such status, for any form of assistance may have in accordance with applicable law. tural employment for a significant period of or benefit described in section 403(a) of the (G) EFFECT ON OTHER ACTIONS OR PRO- time. Personal Responsibility and Work Oppor- CEEDINGS.—Any finding of fact or law, judg- (4) APPLICATION PERIOD.—The alien applies tunity Reconciliation Act of 1996 (8 U.S.C. ment, conclusion, or final order made by an for adjustment of status not later than 7

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years after the date of the enactment of this vided in paragraph (3). A grant of derivative (A) BURDEN OF PROOF.—An alien applying Act. status to such a spouse or child under this for status under section 211(a) or 213(a) has (5) FINE.—The alien pays a fine of $400 to subparagraph shall not decrease the number the burden of proving by a preponderance of the Secretary. of aliens who may receive blue card status the evidence that the alien has worked the (b) GROUNDS FOR DENIAL OF ADJUSTMENT OF under subsection (h) of section 211. requisite number of hours or days required STATUS.—The Secretary may deny an alien (B) TRAVEL.—The derivative spouse and under section 211(a)(1) or 213(a)(1), as applica- granted blue card status an adjustment of any minor child of an alien granted blue card ble. status under this section and provide for ter- status may travel outside the United States (B) TIMELY PRODUCTION OF RECORDS.—If an mination of such blue card status if— in the same manner as an alien lawfully ad- employer or farm labor contractor employ- (1) the Secretary finds by a preponderance mitted for permanent residence. ing such an alien has kept proper and ade- of the evidence that the adjustment to blue (C) EMPLOYMENT.—The derivative spouse of quate records respecting such employment, card status was the result of fraud or willful an alien granted blue card status may apply the alien’s burden of proof under subpara- misrepresentation, as described in section to the Secretary for a work permit to au- graph (A) may be met by securing timely 212(a)(6)(C)(i) of the Immigration and Nation- thorize such spouse to engage in any lawful production of those records under regula- ality Act (8 U.S.C. 1182(a)(6)(C)(i)); or employment in the United States while such tions to be promulgated by the Secretary. (2) the alien— alien maintains blue card status. (C) SUFFICIENT EVIDENCE.—An alien may (A) commits an act that makes the alien (3) GROUNDS FOR DENIAL OF ADJUSTMENT OF meet the burden of proof under subparagraph inadmissible to the United States under sec- STATUS AND REMOVAL.—The Secretary may (A) to establish that the alien has performed tion 212 of the Immigration and Nationality deny an alien spouse or child adjustment of the days or hours of work required by section Act (8 U.S.C. 1182), except as provided under status under paragraph (1) and may remove 211(a)(1) or 213(a)(1) by producing sufficient section 215(b); such spouse or child under section 240 of the evidence to show the extent of that employ- (B) is convicted of a felony or 3 or more Immigration and Nationality Act (8 U.S.C. ment as a matter of just and reasonable in- misdemeanors committed in the United 1229a) if the spouse or child— ference. States; or (A) commits an act that makes the alien (d) APPLICATIONS SUBMITTED TO QUALIFIED (C) is convicted of an offense, an element spouse or child inadmissible to the United DESIGNATED ENTITIES.— of which involves bodily injury, threat of se- States under section 212 of such Act (8 U.S.C. (1) REQUIREMENTS.—Each qualified des- rious bodily injury, or harm to property in 1182), except as provided under section 215(b); ignated entity shall agree— excess of $500. (B) is convicted of a felony or 3 or more (A) to forward to the Secretary an applica- (c) GROUNDS FOR REMOVAL.—Any alien misdemeanors committed in the United tion submitted to that entity pursuant to granted blue card status who does not apply States; or subsection (a)(1)(B) if the applicant has con- for adjustment of status under this section (C) is convicted of an offense, an element sented to such forwarding; before the expiration of the application pe- of which involves bodily injury, threat of se- (B) not to forward to the Secretary any riod described in subsection (a)(4) or who rious bodily injury, or harm to property in such application if the applicant has not con- fails to meet the other requirements of sub- excess of $500. section (a) by the end of the application pe- sented to such forwarding; and riod, is deportable and may be removed SEC. 214. APPLICATIONS. (C) to assist an alien in obtaining docu- under section 240 of the Immigration and Na- (a) SUBMISSION.—The Secretary shall pro- mentation of the alien’s work history, if the tionality Act (8 U.S.C. 1229a). vide that— alien requests such assistance. (d) PAYMENT OF TAXES.— (1) applications for blue card status under (2) NO AUTHORITY TO MAKE DETERMINA- (1) IN GENERAL.—Not later than the date on section 211 may be submitted— TIONS.—No qualified designated entity may which an alien’s status is adjusted under this (A) to the Secretary if the applicant is rep- make a determination required by this sub- section, the alien shall establish that the resented by an attorney or a nonprofit reli- title to be made by the Secretary. alien does not owe any applicable Federal gious, charitable, social service, or similar (e) LIMITATION ON ACCESS TO INFORMA- tax liability by establishing that— organization recognized by the Board of Im- TION.—Files and records collected or com- (A) no such tax liability exists; migration Appeals under section 292.2 of title piled by a qualified designated entity for the (B) all such outstanding tax liabilities 8, Code of Federal Regulations; or purposes of this section are confidential and have been paid; or (B) to a qualified designated entity if the the Secretary shall not have access to such (C) the alien has entered into an agreement applicant consents to the forwarding of the a file or record relating to an alien without for payment of all outstanding liabilities application to the Secretary; and the consent of the alien, except as allowed by with the Internal Revenue Service. (2) applications for adjustment of status a court order issued pursuant to subsection (2) APPLICABLE FEDERAL TAX LIABILITY.—In under section 213 shall be filed directly with (f). paragraph (1) the term ‘‘applicable Federal the Secretary. (f) CONFIDENTIALITY OF INFORMATION.— tax liability’’ means liability for Federal (b) QUALIFIED DESIGNATED ENTITY DE- (1) IN GENERAL.—Except as otherwise pro- taxes, including penalties and interest, owed FINED.—In this section, the term ‘‘qualified vided in this section, the Secretary or any for any year during the period of employ- designated entity’’ means— other official or employee of the Department ment required under subsection (a)(1) for (1) a qualified farm labor organization or or a bureau or agency of the Department is which the statutory period for assessment of an association of employers designated by prohibited from— any deficiency for such taxes has not ex- the Secretary; or (A) using information furnished by the ap- pired. (2) any such other person designated by the plicant pursuant to an application filed (3) IRS COOPERATION.—The Secretary of the Secretary if that Secretary determines such under this title, the information provided by Treasury shall establish rules and procedures person is qualified and has substantial expe- an applicant to a qualified designated entity, under which the Commissioner of Internal rience, demonstrated competence, and has a or any information provided by an employer Revenue shall provide documentation to an history of long-term involvement in the or former employer for any purpose other alien upon request to establish the payment preparation and submission of applications than to make a determination on the appli- of all taxes required by this subsection. for adjustment of status under section 209, cation or for imposing the penalties de- (e) SPOUSES AND MINOR CHILDREN.— 210, or 245 of the Immigration and Nation- scribed in subsection (g); (1) IN GENERAL.—Notwithstanding any ality Act (8 U.S.C. 1159, 1160, and 1255), the (B) making any publication in which the other provision of law, the Secretary shall Act entitled ‘‘An Act to adjust the status of information furnished by any particular in- confer the status of lawful permanent resi- Cuban refugees to that of lawful permanent dividual can be identified; or dent on the spouse and minor child of an residents of the United States, and for other (C) permitting a person other than a sworn alien granted any adjustment of status under purposes’’, approved November 2, 1966 (Public officer or employee of the Department or a subsection (a), including any individual who Law 89–732; 8 U.S.C. 1255 note), Public Law bureau or agency of the Department or, with was a minor child on the date such alien was 95–145 (8 U.S.C. 1255 note), or the Immigra- respect to applications filed with a qualified granted blue card status, if the spouse or tion Reform and Control Act of 1986 (Public designated entity, that qualified designated minor child applies for such status, or if the Law 99–603; 100 Stat. 3359) or any amendment entity, to examine individual applications. principal alien includes the spouse or minor made by that Act. (2) REQUIRED DISCLOSURES.—The Secretary child in an application for adjustment of sta- (c) PROOF OF ELIGIBILITY.— shall provide the information furnished tus to that of a lawful permanent resident. (1) IN GENERAL.—An alien may establish under this title or any other information de- (2) TREATMENT OF SPOUSES AND MINOR CHIL- that the alien meets the requirement of sec- rived from such furnished information to— DREN.— tion 211(a)(1) or 213(a)(1) through government (A) a duly recognized law enforcement en- (A) GRANTING OF STATUS AND REMOVAL.— employment records or records supplied by tity in connection with a criminal investiga- The Secretary may grant derivative status employers or collective bargaining organiza- tion or prosecution, if such information is to the alien spouse and any minor child re- tions, and other reliable documentation as requested in writing by such entity; or siding in the United States of an alien grant- the alien may provide. The Secretary shall (B) an official coroner, for purposes of af- ed blue card status and shall not remove establish special procedures to properly cred- firmatively identifying a deceased indi- such derivative spouse or child during the it work in cases in which an alien was em- vidual, whether or not the death of such in- period that the alien granted blue card sta- ployed under an assumed name. dividual resulted from a crime. tus maintains such status, except as pro- (2) DOCUMENTATION OF WORK HISTORY.— (3) CONSTRUCTION.—

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(A) IN GENERAL.—Nothing in this sub- plications for blue card status under section endorsement or other appropriate work per- section shall be construed to limit the use, 211 or an adjustment of status under section mit for such purpose. or release, for immigration enforcement pur- 213. SEC. 216. ADMINISTRATIVE AND JUDICIAL RE- poses or law enforcement purposes, of infor- SEC. 215. WAIVER OF NUMERICAL LIMITATIONS VIEW. mation contained in files or records of the AND CERTAIN GROUNDS FOR INAD- (a) IN GENERAL.—There shall be no admin- Department pertaining to an application MISSIBILITY. istrative or judicial review of a determina- filed under this section, other than informa- (a) NUMERICAL LIMITATIONS DO NOT tion respecting an application for blue card tion furnished by an applicant pursuant to APPLY.—The numerical limitations of sec- status under section 211 or adjustment of the application, or any other information de- tions 201 and 202 of the Immigration and Na- status under section 213 except in accordance rived from the application, that is not avail- tionality Act (8 U.S.C. 1151 and 1152) shall with this section. able from any other source. not apply to the adjustment of aliens to law- (b) ADMINISTRATIVE REVIEW.— (B) CRIMINAL CONVICTIONS.—Notwith- ful permanent resident status under section (1) SINGLE LEVEL OF ADMINISTRATIVE APPEL- standing any other provision of this sub- 213. LATE REVIEW.—The Secretary shall establish an appellate authority to provide for a single section, information concerning whether the (b) WAIVER OF CERTAIN GROUNDS OF INAD- level of administrative appellate review of alien applying for blue card status under sec- MISSIBILITY.—In the determination of an such a determination. tion 211 or an adjustment of status under alien’s eligibility for status under section (2) STANDARD FOR REVIEW.—Such adminis- section 213 has been convicted of a crime at 211(a) or an alien’s eligibility for adjustment trative appellate review shall be based solely any time may be used or released for immi- of status under section 213(b)(2)(A) the fol- upon the administrative record established gration enforcement or law enforcement pur- lowing rules shall apply: poses. at the time of the determination on the ap- (1) GROUNDS OF EXCLUSION NOT APPLICA- (4) CRIME.—Any person who knowingly plication and upon such additional or newly BLE.—The provisions of paragraphs (5), discovered evidence as may not have been uses, publishes, or permits information to be (6)(A), (7), and (9) of section 212(a) of the Im- available at the time of the determination. examined in violation of this subsection migration and Nationality Act (8 U.S.C. (c) JUDICIAL REVIEW.— shall be subject to a fine in an amount not to 1182(a)) shall not apply. exceed $10,000. (1) LIMITATION TO REVIEW OF REMOVAL.— (2) WAIVER OF OTHER GROUNDS.— (g) PENALTIES FOR FALSE STATEMENTS IN There shall be judicial review of such a de- (A) IN GENERAL.—Except as provided in APPLICATIONS.— termination only in the judicial review of an subparagraph (B), the Secretary may waive (1) CRIMINAL PENALTY.—Any person who— order of removal under section 242 of the Im- any other provision of such section 212(a) in (A) files an application for blue card status migration and Nationality Act (8 U.S.C. the case of individual aliens for humani- under section 211 or an adjustment of status 1252). tarian purposes, to ensure family unity, or if under section 213 and knowingly and will- (2) STANDARD FOR JUDICIAL REVIEW.—Such otherwise in the public interest. fully falsifies, conceals, or covers up a mate- judicial review shall be based solely upon the (B) GROUNDS THAT MAY NOT BE WAIVED.— rial fact or makes any false, fictitious, or administrative record established at the Paragraphs (2)(A), (2)(B), (2)(C), (3), and (4) of fraudulent statements or representations, or time of the review by the appellate authority such section 212(a) may not be waived by the makes or uses any false writing or document and the findings of fact and determinations Secretary under subparagraph (A). knowing the same to contain any false, ficti- contained in such record shall be conclusive (C) CONSTRUCTION.—Nothing in this para- tious, or fraudulent statement or entry; or unless the applicant can establish abuse of graph shall be construed as affecting the au- (B) creates or supplies a false writing or discretion or that the findings are directly thority of the Secretary other than under document for use in making such an applica- contrary to clear and convincing facts con- this subparagraph to waive provisions of tion, tained in the record considered as a whole. such section 212(a). shall be fined in accordance with title 18, SEC. 217. USE OF INFORMATION. (3) SPECIAL RULE FOR DETERMINATION OF United States Code, imprisoned not more Beginning not later than the first day of PUBLIC CHARGE.—An alien is not ineligible for than 5 years, or both. the application period described in section blue card status under section 211 or an ad- (2) INADMISSIBILITY.—An alien who is con- 211(a)(2), the Secretary, in cooperation with justment of status under section 213 by rea- victed of a crime under paragraph (1) shall be qualified designated entities (as that term is son of a ground of inadmissibility under sec- considered to be inadmissible to the United defined in section 214(b)), shall broadly dis- tion 212(a)(4) of the Immigration and Nation- States on the ground described in section seminate information respecting the benefits ality Act (8 U.S.C. 1182(a)(4)) if the alien 212(a)(6)(C)(i) of the Immigration and Nation- that aliens may receive under this subtitle demonstrates a history of employment in the ality Act (8 U.S.C. 1182(a)(6)(C)(i)). and the requirements that an alien is re- (h) ELIGIBILITY FOR LEGAL SERVICES.—Sec- United States evidencing self-support with- quired to meet to receive such benefits. out reliance on public cash assistance. tion 504(a)(11) of Public Law 104–134 (110 Stat. SEC. 218. REGULATIONS, EFFECTIVE DATE, AU- 1321–53 et seq.) shall not be construed to pre- (c) TEMPORARY STAY OF REMOVAL AND THORIZATION OF APPROPRIATIONS. vent a recipient of funds under the Legal WORK AUTHORIZATION FOR CERTAIN APPLI- (a) REGULATIONS.—The Secretary shall Services Corporation Act (42 U.S.C. 2996 et CANTS.— issue regulations to implement this subtitle seq.) from providing legal assistance directly (1) BEFORE APPLICATION PERIOD.—Effective not later than the first day of the seventh related to an application for blue card status on the date of enactment of this Act, the month that begins after the date of enact- under section 211 or an adjustment of status Secretary shall provide that, in the case of ment of this Act. under section 213. an alien who is apprehended before the be- (b) EFFECTIVE DATE.—This subtitle shall (i) APPLICATION FEES.— ginning of the application period described take effect on the date that regulations re- (1) FEE SCHEDULE.—The Secretary shall in section 211(a)(2) and who can establish a quired by subsection (a) are issued, regard- provide for a schedule of fees that— nonfrivolous case of eligibility for blue card less of whether such regulations are issued (A) shall be charged for the filing of an ap- status (but for the fact that the alien may on an interim basis or on any other basis. plication for blue card status under section not apply for such status until the beginning (c) AUTHORIZATION OF APPROPRIATIONS.— 211 or for an adjustment of status under sec- of such period), until the alien has had the There are authorized to be appropriated to tion 213; and opportunity during the first 30 days of the the Secretary such sums as may be nec- (B) may be charged by qualified designated application period to complete the filing of essary to implement this subtitle, including entities to help defray the costs of services an application for blue card status, the any sums needed for costs associated with provided to such applicants. alien— the initiation of such implementation, for (2) PROHIBITION ON EXCESS FEES BY QUALI- (A) may not be removed; and fiscal years 2007 and 2008. FIED DESIGNATED ENTITIES.—A qualified des- (B) shall be granted authorization to en- PART II—CORRECTION OF SOCIAL ignated entity may not charge any fee in ex- gage in employment in the United States SECURITY RECORDS cess of, or in addition to, the fees authorized and be provided an employment authorized SEC. 221. CORRECTION OF SOCIAL SECURITY under paragraph (1)(B) for services provided endorsement or other appropriate work per- RECORDS. to applicants. mit for such purpose. (a) IN GENERAL.—Section 208(e)(1) of the (3) DISPOSITION OF FEES.— (2) DURING APPLICATION PERIOD.—The Sec- Social Security Act (42 U.S.C. 408(e)(1)) is (A) IN GENERAL.—There is established in retary shall provide that, in the case of an amended— the general fund of the Treasury a separate alien who presents a nonfrivolous applica- (1) in subparagraph (B)(ii), by striking ‘‘or’’ account, which shall be known as the ‘‘Agri- tion for blue card status during the applica- at the end; cultural Worker Immigration Status Adjust- tion period described in section 211(a)(2), in- (2) in subparagraph (C), by inserting ‘‘or’’ ment Account’’. Notwithstanding any other cluding an alien who files such an applica- at the end; provision of law, there shall be deposited as tion within 30 days of the alien’s apprehen- (3) by inserting after subparagraph (C) the offsetting receipts into the account all fees sion, and until a final determination on the following: collected under paragraph (1)(A). application has been made in accordance ‘‘(D) who is granted blue card status under (B) USE OF FEES FOR APPLICATION PROC- with this section, the alien— the Agricultural Job Opportunity, Benefits, ESSING.—Amounts deposited in the ‘‘Agricul- (A) may not be removed; and and Security Act of 2007,’’; and tural Worker Immigration Status Adjust- (B) shall be granted authorization to en- (4) by striking ‘‘1990.’’ and inserting ‘‘1990, ment Account’’ shall remain available to the gage in employment in the United States or in the case of an alien described in sub- Secretary until expended for processing ap- and be provided an employment authorized paragraph (D), if such conduct is alleged to

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S969 have occurred before the date on which the respect to a job opportunity that is not cov- ployment known to such previous workers, alien was granted blue card status.’’. ered under a collective bargaining agree- unless the worker was terminated from em- (b) EFFECTIVE DATE.—The amendments ment: ployment by the employer for a lawful job- made by subsection (a) shall take effect on ‘‘(A) STRIKE OR LOCKOUT.—The specific job related reason or abandoned the job before the first day of the seventh month that be- opportunity for which the employer has ap- the worker completed the period of employ- gins after the date of the enactment of this plied for an H–2A worker is not vacant be- ment of the job opportunity for which the Act. cause the former occupant is on strike or worker was hired. Subtitle B—Reform of H–2A Worker Program being locked out in the course of a labor dis- ‘‘(II) FILING A JOB OFFER WITH THE LOCAL SEC. 231. AMENDMENT TO THE IMMIGRATION pute. OFFICE OF THE STATE EMPLOYMENT SECURITY AND NATIONALITY ACT. ‘‘(B) TEMPORARY OR SEASONAL JOB OPPORTU- AGENCY.—Not later than 28 days before the (a) IN GENERAL.—Title II of the Immigra- NITIES.—The job opportunity is temporary or date on which the employer desires to em- tion and Nationality Act (8 U.S.C. 1151 et seasonal. ploy an H–2A worker in a temporary or sea- seq.) is amended by striking section 218 and ‘‘(C) BENEFIT, WAGE, AND WORKING CONDI- sonal agricultural job opportunity, the em- inserting the following: TIONS.—The employer will provide, at a min- ployer shall submit a copy of the job offer ‘‘SEC. 218. H–2A EMPLOYER APPLICATIONS. imum, the benefits, wages, and working con- described in subsection (a)(2) to the local of- ‘‘(a) APPLICATIONS TO THE SECRETARY OF ditions required by section 218A to all work- fice of the State employment security agen- LABOR.— ers employed in the job opportunities for cy which serves the area of intended employ- ‘‘(1) IN GENERAL.—No alien may be admit- which the employer has applied for an H–2A ment and authorize the posting of the job op- worker under subsection (a) and to all other ted to the United States as an H–2A worker, portunity on ‘America’s Job Bank’ or other workers in the same occupation at the place or otherwise provided status as an H–2A electronic job registry, except that nothing of employment. worker, unless the employer has filed with in this subclause shall require the employer ‘‘(D) NONDISPLACEMENT OF UNITED STATES the Secretary of Labor an application con- to file an interstate job order under section WORKERS.—The employer did not displace taining— 653 of title 20, Code of Federal Regulations. ‘‘(A) the assurances described in subsection and will not displace a United States worker ‘‘(III) ADVERTISING OF JOB OPPORTUNITIES.— employed by the employer during the period (b); Not later than 14 days before the date on of employment and for a period of 30 days ‘‘(B) a description of the nature and loca- which the employer desires to employ an H– tion of the work to be performed; preceding the period of employment in the 2A worker in a temporary or seasonal agri- ‘‘(C) the anticipated period (expected be- occupation at the place of employment for cultural job opportunity, the employer shall ginning and ending dates) for which the which the employer has applied for an H–2A advertise the availability of the job opportu- workers will be needed; and worker. nities for which the employer is seeking ‘‘(D) the number of job opportunities in ‘‘(E) REQUIREMENTS FOR PLACEMENT OF THE workers in a publication in the local labor which the employer seeks to employ the NONIMMIGRANT WITH OTHER EMPLOYERS.—The market that is likely to be patronized by po- workers. employer will not place the nonimmigrant tential farm workers. ‘‘(2) ACCOMPANIED BY JOB OFFER.—Each ap- with another employer unless— ‘‘(IV) EMERGENCY PROCEDURES.—The Sec- plication filed under paragraph (1) shall be ‘‘(i) the nonimmigrant performs duties in retary of Labor shall, by regulation, provide accompanied by a copy of the job offer de- whole or in part at 1 or more worksites scribing the wages and other terms and con- owned, operated, or controlled by such other a procedure for acceptance and approval of ditions of employment and the bona fide oc- employer; applications in which the employer has not cupational qualifications that shall be pos- ‘‘(ii) there are indicia of an employment complied with the provisions of this subpara- sessed by a worker to be employed in the job relationship between the nonimmigrant and graph because the employer’s need for H–2A opportunity in question. such other employer; and workers could not reasonably have been fore- ‘‘(b) ASSURANCES FOR INCLUSION IN APPLI- ‘‘(iii) the employer has inquired of the seen. CATIONS.—The assurances referred to in sub- other employer as to whether, and has no ac- ‘‘(ii) JOB OFFERS.—The employer has of- section (a)(1) are the following: tual knowledge or notice that, during the pe- fered or will offer the job to any eligible ‘‘(1) JOB OPPORTUNITIES COVERED BY COLLEC- riod of employment and for a period of 30 United States worker who applies and is TIVE BARGAINING AGREEMENTS.—With respect days preceding the period of employment, equally or better qualified for the job for to a job opportunity that is covered under a the other employer has displaced or intends which the nonimmigrant is, or non- collective bargaining agreement: to displace a United States worker employed immigrants are, sought and who will be ‘‘(A) UNION CONTRACT DESCRIBED.—The job by the other employer in the occupation at available at the time and place of need. opportunity is covered by a union contract the place of employment for which the em- ‘‘(iii) PERIOD OF EMPLOYMENT.—The em- which was negotiated at arm’s length be- ployer seeks approval to employ H–2A work- ployer will provide employment to any tween a bona fide union and the employer. ers. qualified United States worker who applies ‘‘(B) STRIKE OR LOCKOUT.—The specific job ‘‘(F) STATEMENT OF LIABILITY.—The appli- to the employer during the period beginning opportunity for which the employer is re- cation form shall include a clear statement on the date on which the H–2A worker de- questing an H–2A worker is not vacant be- explaining the liability under subparagraph parts for the employer’s place of employ- cause the former occupant is on strike or (E) of an employer if the other employer de- ment and ending on the date on which 50 per- being locked out in the course of a labor dis- scribed in such subparagraph displaces a cent of the period of employment for which pute. United States worker as described in such the H–2A worker who is in the job was hired ‘‘(C) NOTIFICATION OF BARGAINING REP- subparagraph. has elapsed, subject to the following require- RESENTATIVES.—The employer, at the time of ‘‘(G) PROVISION OF INSURANCE.—If the job ments: filing the application, has provided notice of opportunity is not covered by the State ‘‘(I) PROHIBITION.—No person or entity the filing under this paragraph to the bar- workers’ compensation law, the employer shall willfully and knowingly withhold gaining representative of the employer’s em- will provide, at no cost to the worker, insur- United States workers before the arrival of ployees in the occupational classification at ance covering injury and disease arising out H–2A workers in order to force the hiring of the place or places of employment for which of and in the course of the worker’s employ- United States workers under this clause. aliens are sought. ment which will provide benefits at least ‘‘(II) COMPLAINTS.—Upon receipt of a com- ‘‘(D) TEMPORARY OR SEASONAL JOB OPPOR- equal to those provided under the State’s plaint by an employer that a violation of TUNITIES.—The job opportunity is temporary workers’ compensation law for comparable subclause (I) has occurred, the Secretary of or seasonal. employment. Labor shall immediately investigate. The ‘‘(E) OFFERS TO UNITED STATES WORKERS.— ‘‘(H) EMPLOYMENT OF UNITED STATES WORK- Secretary of Labor shall, within 36 hours of The employer has offered or will offer the job ERS.— the receipt of the complaint, issue findings to any eligible United States worker who ap- ‘‘(i) RECRUITMENT.—The employer has concerning the alleged violation. If the Sec- plies and is equally or better qualified for taken or will take the following steps to re- retary of Labor finds that a violation has oc- the job for which the nonimmigrant is, or cruit United States workers for the job op- curred, the Secretary of Labor shall imme- the nonimmigrants are, sought and who will portunities for which the H–2A non- diately suspend the application of this clause be available at the time and place of need. immigrant is, or H–2A nonimmigrants are, with respect to that certification for that ‘‘(F) PROVISION OF INSURANCE.—If the job sought: date of need. opportunity is not covered by the State ‘‘(I) CONTACTING FORMER WORKERS.—The ‘‘(III) PLACEMENT OF UNITED STATES WORK- workers’ compensation law, the employer employer shall make reasonable efforts ERS.—Before referring a United States work- will provide, at no cost to the worker, insur- through the sending of a letter by United er to an employer during the period de- ance covering injury and disease arising out States Postal Service mail, or otherwise, to scribed in the matter preceding subclause (I), of, and in the course of, the worker’s employ- contact any United States worker the em- the Secretary of Labor shall make all rea- ment which will provide benefits at least ployer employed during the previous season sonable efforts to place the United States equal to those provided under the State’s in the occupation at the place of intended worker in an open job acceptable to the workers’ compensation law for comparable employment for which the employer is ap- worker, if there are other job offers pending employment. plying for workers and has made the avail- with the job service that offer similar job op- ‘‘(2) JOB OPPORTUNITIES NOT COVERED BY ability of the employer’s job opportunities in portunities in the area of intended employ- COLLECTIVE BARGAINING AGREEMENTS.—With the occupation at the place of intended em- ment.

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‘‘(iv) STATUTORY CONSTRUCTION.—Nothing ously inaccurate, the Secretary of Labor vide housing for their workers. An employer in this subparagraph shall be construed to shall certify that the intending employer has may require a worker found to have been re- prohibit an employer from using such legiti- filed with the Secretary of Labor an applica- sponsible for damage to such housing which mate selection criteria relevant to the type tion as described in subsection (a). Such cer- is not the result of normal wear and tear re- of job that are normal or customary to the tification shall be provided within 7 days of lated to habitation to reimburse the em- type of job involved so long as such criteria the filing of the application.’’ ployer for the reasonable cost of repair of are not applied in a discriminatory manner. ‘‘SEC. 218A. H–2A EMPLOYMENT REQUIREMENTS. such damage. ‘‘(c) APPLICATIONS BY ASSOCIATIONS ON BE- ‘‘(a) PREFERENTIAL TREATMENT OF ALIENS ‘‘(G) HOUSING ALLOWANCE AS ALTER- HALF OF EMPLOYER MEMBERS.— PROHIBITED.—Employers seeking to hire NATIVE.— ‘‘(1) IN GENERAL.—An agricultural associa- United States workers shall offer the United ‘‘(i) IN GENERAL.—If the requirement set tion may file an application under sub- States workers no less than the same bene- out in clause (ii) is satisfied, the employer section (a) on behalf of 1 or more of its em- fits, wages, and working conditions that the may provide a reasonable housing allowance ployer members that the association cer- employer is offering, intends to offer, or will instead of offering housing under subpara- tifies in its application has or have agreed in provide to H–2A workers. Conversely, no job graph (A). Upon the request of a worker writing to comply with the requirements of offer may impose on United States workers seeking assistance in locating housing, the this section and sections 218A, 218B, and employer shall make a good faith effort to any restrictions or obligations which will 218C. assist the worker in identifying and locating not be imposed on the employer’s H–2A ‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS housing in the area of intended employment. workers. EMPLOYERS.—If an association filing an ap- An employer who offers a housing allowance ‘‘(b) MINIMUM BENEFITS, WAGES, AND WORK- plication under paragraph (1) is a joint or to a worker, or assists a worker in locating ING CONDITIONS.—Except in cases where high- sole employer of the temporary or seasonal housing which the worker occupies, pursuant er benefits, wages, or working conditions are agricultural workers requested on the appli- to this clause shall not be deemed a housing required by the provisions of subsection (a), cation, the certifications granted under sub- provider under section 203 of the Migrant and in order to protect similarly employed section (e)(2)(B) to the association may be Seasonal Agricultural Worker Protection United States workers from adverse effects used for the certified job opportunities of Act (29 U.S.C. 1823) solely by virtue of pro- with respect to benefits, wages, and working any of its producer members named on the viding such housing allowance. No housing application, and such workers may be trans- conditions, every job offer which shall ac- allowance may be used for housing which is ferred among such producer members to per- company an application under section owned or controlled by the employer. 218(b)(2) shall include each of the following form the agricultural services of a tem- ‘‘(ii) CERTIFICATION.—The requirement of porary or seasonal nature for which the cer- benefit, wage, and working condition provi- this clause is satisfied if the Governor of the tifications were granted. sions: State certifies to the Secretary of Labor ‘‘(d) WITHDRAWAL OF APPLICATIONS.— ‘‘(1) REQUIREMENT TO PROVIDE HOUSING OR A that there is adequate housing available in ‘‘(1) IN GENERAL.—An employer may with- HOUSING ALLOWANCE.— the area of intended employment for mi- draw an application filed pursuant to sub- ‘‘(A) IN GENERAL.—An employer applying grant farm workers and H–2A workers who section (a), except that if the employer is an under section 218(a) for H–2A workers shall are seeking temporary housing while em- agricultural association, the association offer to provide housing at no cost to all ployed in agricultural work. Such certifi- may withdraw an application filed pursuant workers in job opportunities for which the cation shall expire after 3 years unless re- to subsection (a) with respect to 1 or more of employer has applied under that section and newed by the Governor of the State. its members. To withdraw an application, to all other workers in the same occupation ‘‘(iii) AMOUNT OF ALLOWANCE.— the employer or association shall notify the at the place of employment, whose place of ‘‘(I) NONMETROPOLITAN COUNTIES.—If the Secretary of Labor in writing, and the Sec- residence is beyond normal commuting dis- place of employment of the workers provided retary of Labor shall acknowledge in writing tance. an allowance under this subparagraph is a the receipt of such withdrawal notice. An ‘‘(B) TYPE OF HOUSING.—In complying with nonmetropolitan county, the amount of the employer who withdraws an application subparagraph (A), an employer may, at the housing allowance under this subparagraph under subsection (a), or on whose behalf an employer’s election, provide housing that shall be equal to the statewide average fair application is withdrawn, is relieved of the meets applicable Federal standards for tem- market rental for existing housing for non- obligations undertaken in the application. porary labor camps or secure housing that metropolitan counties for the State, as es- ‘‘(2) LIMITATION.—An application may not meets applicable local standards for rental tablished by the Secretary of Housing and be withdrawn while any alien provided sta- or public accommodation housing or other Urban Development pursuant to section 8(c) tus under section 101(a)(15)(H)(ii)(a) pursuant substantially similar class of habitation, or of the United States Housing Act of 1937 (42 to such application is employed by the em- in the absence of applicable local standards, U.S.C. 1437f(c)), based on a 2-bedroom dwell- ployer. State standards for rental or public accom- ing unit and an assumption of 2 persons per ‘‘(3) OBLIGATIONS UNDER OTHER STATUTES.— modation housing or other substantially bedroom. Any obligation incurred by an employer similar class of habitation. In the absence of ‘‘(II) METROPOLITAN COUNTIES.—If the place under any other law or regulation as a result applicable local or State standards, Federal of employment of the workers provided an of the recruitment of United States workers temporary labor camp standards shall apply. allowance under this paragraph is in a met- or H–2A workers under an offer of terms and ‘‘(C) FAMILY HOUSING.—If it is the pre- ropolitan county, the amount of the housing conditions of employment required as a re- vailing practice in the occupation and area allowance under this subparagraph shall be sult of making an application under sub- of intended employment to provide family equal to the statewide average fair market section (a) is unaffected by withdrawal of housing, family housing shall be provided to rental for existing housing for metropolitan such application. workers with families who request it. counties for the State, as established by the ‘‘(e) REVIEW AND APPROVAL OF APPLICA- ‘‘(D) WORKERS ENGAGED IN THE RANGE PRO- Secretary of Housing and Urban Develop- TIONS.— DUCTION OF LIVESTOCK.—The Secretary of ment pursuant to section 8(c) of the United ‘‘(1) RESPONSIBILITY OF EMPLOYERS.—The Labor shall issue regulations that address States Housing Act of 1937 (42 U.S.C. employer shall make available for public ex- the specific requirements for the provision of 1437f(c)), based on a 2-bedroom dwelling unit amination, within 1 working day after the housing to workers engaged in the range pro- and an assumption of 2 persons per bedroom. date on which an application under sub- duction of livestock. ‘‘(2) REIMBURSEMENT OF TRANSPORTATION.— section (a) is filed, at the employer’s prin- ‘‘(E) LIMITATION.—Nothing in this para- ‘‘(A) TO PLACE OF EMPLOYMENT.—A worker cipal place of business or worksite, a copy of graph shall be construed to require an em- who completes 50 percent of the period of each such application (and such accom- ployer to provide or secure housing for per- employment of the job opportunity for which panying documents as are necessary). sons who were not entitled to such housing the worker was hired shall be reimbursed by ‘‘(2) RESPONSIBILITY OF THE SECRETARY OF under the temporary labor certification reg- the employer for the cost of the worker’s LABOR.— ulations in effect on June 1, 1986. transportation and subsistence from the ‘‘(A) COMPILATION OF LIST.—The Secretary ‘‘(F) CHARGES FOR HOUSING.— place from which the worker came to work of Labor shall compile, on a current basis, a ‘‘(i) CHARGES FOR PUBLIC HOUSING.—If pub- for the employer (or place of last employ- list (by employer and by occupational classi- lic housing provided for migrant agricultural ment, if the worker traveled from such fication) of the applications filed under sub- workers under the auspices of a local, coun- place) to the place of employment. section (a). Such list shall include the wage ty, or State government is secured by an em- ‘‘(B) FROM PLACE OF EMPLOYMENT.—A rate, number of workers sought, period of in- ployer, and use of the public housing unit worker who completes the period of employ- tended employment, and date of need. The normally requires charges from migrant ment for the job opportunity involved shall Secretary of Labor shall make such list workers, such charges shall be paid by the be reimbursed by the employer for the cost available for examination in the District of employer directly to the appropriate indi- of the worker’s transportation and subsist- Columbia. vidual or entity affiliated with the housing’s ence from the place of employment to the ‘‘(B) REVIEW OF APPLICATIONS.—The Sec- management. place from which the worker, disregarding retary of Labor shall review such an applica- ‘‘(ii) DEPOSIT CHARGES.—Charges in the intervening employment, came to work for tion only for completeness and obvious inac- form of deposits for bedding or other similar the employer, or to the place of next employ- curacies. Unless the Secretary of Labor finds incidentals related to housing shall not be ment, if the worker has contracted with a that the application is incomplete or obvi- levied upon workers by employers who pro- subsequent employer who has not agreed to

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The job offer shall United States; common carrier transportation charges and specify all deductions not required by law ‘‘(II) whether an adverse effect wage rate is subsistence costs for the distance involved. which the employer will make from the necessary to prevent wages of United States farm workers in occupations in which H–2A ‘‘(ii) DISTANCE TRAVELED.—No reimburse- worker’s wages. workers are employed from falling below the ment under subparagraph (A) or (B) shall be ‘‘(E) FREQUENCY OF PAY.—The employer required if the distance traveled is 100 miles shall pay the worker not less frequently than wage levels that would have prevailed in the absence of the employment of H–2A workers or less, or the worker is not residing in em- twice monthly, or in accordance with the in those occupations; ployer-provided housing or housing secured prevailing practice in the area of employ- ‘‘(III) whether alternative wage standards, through an allowance as provided in para- ment, whichever is more frequent. such as a prevailing wage standard, would be graph (1)(G). ‘‘(F) HOURS AND EARNINGS STATEMENTS.— sufficient to prevent wages in occupations in ‘‘(D) EARLY TERMINATION.—If the worker is The employer shall furnish to the worker, on which H–2A workers are employed from fall- laid off or employment is terminated for or before each payday, in 1 or more written ing below the wage level that would have contract impossibility (as described in para- statements— prevailed in the absence of H–2A employ- graph (4)(D)) before the anticipated ending ‘‘(i) the worker’s total earnings for the pay ment; date of employment, the employer shall pro- period; ‘‘(IV) whether any changes are warranted vide the transportation and subsistence re- ‘‘(ii) the worker’s hourly rate of pay, piece in the current methodologies for calculating quired by subparagraph (B) and, notwith- rate of pay, or both; the adverse effect wage rate and the pre- standing whether the worker has completed ‘‘(iii) the hours of employment which have vailing wage rate; and 50 percent of the period of employment, shall been offered to the worker (broken out by ‘‘(V) recommendations for future wage pro- provide the transportation reimbursement hours offered in accordance with and over tection under this section. 3 required by subparagraph (A). and above the ⁄4 guarantee described in para- ‘‘(iv) FINAL REPORT.—Not later than De- ‘‘(E) TRANSPORTATION BETWEEN LIVING graph (4); cember 31, 2009, the Commission shall submit QUARTERS AND WORKSITE.—The employer ‘‘(iv) the hours actually worked by the a report to the Congress setting forth the shall provide transportation between the worker; findings of the study conducted under clause worker’s living quarters and the employer’s ‘‘(v) an itemization of the deductions made (iii). worksite without cost to the worker, and from the worker’s wages; and ‘‘(v) TERMINATION DATE.—The Commission such transportation will be in accordance ‘‘(vi) if piece rates of pay are used, the shall terminate upon submitting its final re- with applicable laws and regulations. units produced daily. port. ‘‘(3) REQUIRED WAGES.— ‘‘(G) REPORT ON WAGE PROTECTIONS.—Not ‘‘(4) GUARANTEE OF EMPLOYMENT.— ‘‘(A) IN GENERAL.—An employer applying later than December 31, 2009, the Comp- ‘‘(A) OFFER TO WORKER.—The employer for workers under section 218(a) shall offer to troller General of the United States shall shall guarantee to offer the worker employ- pay, and shall pay, all workers in the occu- prepare and transmit to the Secretary of ment for the hourly equivalent of at least 3⁄4 pation for which the employer has applied Labor, the Committee on the Judiciary of of the work days of the total period of em- for workers, not less (and is not required to the Senate, and Committee on the Judiciary ployment, beginning with the first work day pay more) than the greater of the prevailing of the House of Representatives, a report after the arrival of the worker at the place of wage in the occupation in the area of in- that addresses— employment and ending on the expiration tended employment or the adverse effect ‘‘(i) whether the employment of H–2A or date specified in the job offer. For purposes wage rate. No worker shall be paid less than unauthorized aliens in the United States ag- of this subparagraph, the hourly equivalent the greater of the hourly wage prescribed ricultural workforce has depressed United means the number of hours in the work days under section 6(a)(1) of the Fair Labor Stand- States farm worker wages below the levels as stated in the job offer and shall exclude ards Act of 1938 (29 U.S.C. 206(a)(1)) or the ap- that would otherwise have prevailed if alien the worker’s Sabbath and Federal holidays. plicable State minimum wage. farm workers had not been employed in the If the employer affords the United States or ‘‘(B) LIMITATION.—Effective on the date of United States; H–2A worker less employment than that re- the enactment of the Agricultural Job Op- ‘‘(ii) whether an adverse effect wage rate is quired under this paragraph, the employer portunities, Benefits, and Security Act of necessary to prevent wages of United States shall pay such worker the amount which the 2007 and continuing for 3 years thereafter, no farm workers in occupations in which H–2A worker would have earned had the worker, in adverse effect wage rate for a State may be workers are employed from falling below the fact, worked for the guaranteed number of more than the adverse effect wage rate for wage levels that would have prevailed in the hours. that State in effect on January 1, 2003, as es- absence of the employment of H–2A workers ‘‘(B) FAILURE TO WORK.—Any hours which tablished by section 655.107 of title 20, Code in those occupations; the worker fails to work, up to a maximum of Federal Regulations. ‘‘(iii) whether alternative wage standards, of the number of hours specified in the job ‘‘(C) REQUIRED WAGES AFTER 3-YEAR such as a prevailing wage standard, would be offer for a work day, when the worker has FREEZE.— sufficient to prevent wages in occupations in been offered an opportunity to do so, and all ‘‘(i) FIRST ADJUSTMENT.—If Congress does which H–2A workers are employed from fall- hours of work actually performed (including not set a new wage standard applicable to ing below the wage level that would have voluntary work in excess of the number of this section before the first March 1 that is prevailed in the absence of H–2A employ- hours specified in the job offer in a work day, not less than 3 years after the date of enact- ment; on the worker’s Sabbath, or on Federal holi- ment of this section, the adverse effect wage ‘‘(iv) whether any changes are warranted days) may be counted by the employer in rate for each State beginning on such March in the current methodologies for calculating calculating whether the period of guaranteed 1 shall be the wage rate that would have re- the adverse effect wage rate and the pre- employment has been met. sulted if the adverse effect wage rate in ef- vailing wage; and ‘‘(C) ABANDONMENT OF EMPLOYMENT, TERMI- fect on January 1, 2003, had been annually ‘‘(v) recommendations for future wage pro- NATION FOR CAUSE.—If the worker voluntarily adjusted, beginning on March 1, 2006, by the tection under this section. abandons employment before the end of the lesser of— ‘‘(H) COMMISSION ON WAGE STANDARDS.— contract period, or is terminated for cause, ‘‘(I) the 12-month percentage change in the ‘‘(i) ESTABLISHMENT.—There is established the worker is not entitled to the ‘3⁄4 guar- Consumer Price Index for All Urban Con- the Commission on Agricultural Wage antee’ described in subparagraph (A). sumers between December of the second pre- Standards under the H–2A program (in this ‘‘(D) CONTRACT IMPOSSIBILITY.—If, before ceding year and December of the preceding subparagraph referred to as the ‘Commis- the expiration of the period of employment year; and sion’). specified in the job offer, the services of the ‘‘(II) 4 percent. ‘‘(ii) COMPOSITION.—The Commission shall worker are no longer required for reasons be- ‘‘(ii) SUBSEQUENT ANNUAL ADJUSTMENTS.— consist of 10 members as follows: yond the control of the employer due to any Beginning on the first March 1 that is not ‘‘(I) Four representatives of agricultural form of natural disaster, including a flood, less than 4 years after the date of enactment employers and 1 representative of the De- hurricane, freeze, earthquake, fire, drought, of this section, and each March 1 thereafter, partment of Agriculture, each appointed by plant or animal disease or pest infestation, the adverse effect wage rate then in effect the Secretary of Agriculture. or regulatory drought, before the guarantee

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in subparagraph (A) is fulfilled, the employer ‘‘(ii) AMOUNT OF INSURANCE REQUIRED.—The and ineligible for nonimmigrant status under may terminate the worker’s employment. In level of insurance required shall be deter- section 101(a)(15)(H)(ii)(a) if the alien has, at the event of such termination, the employer mined by the Secretary of Labor pursuant to any time during the past 5 years— shall fulfill the employment guarantee in regulations to be issued under this sub- ‘‘(A) violated a material provision of this subparagraph (A) for the work days that section. section, including the requirement to have elapsed from the first work day after ‘‘(iii) EFFECT OF WORKERS’ COMPENSATION promptly depart the United States when the the arrival of the worker to the termination COVERAGE.—If the employer of any H–2A alien’s authorized period of admission under of employment. In such cases, the employer worker provides workers’ compensation cov- this section has expired; or will make efforts to transfer the United erage for such worker in the case of bodily ‘‘(B) otherwise violated a term or condition States worker to other comparable employ- injury or death as provided by State law, the of admission into the United States as a non- ment acceptable to the worker. If such trans- following adjustments in the requirements of immigrant, including overstaying the period fer is not effected, the employer shall pro- subparagraph (B)(i)(III) relating to having an of authorized admission as such a non- vide the return transportation required in insurance policy or liability bond apply: immigrant. paragraph (2)(D). ‘‘(I) No insurance policy or liability bond ‘‘(3) WAIVER OF INELIGIBILITY FOR UNLAW- ‘‘(5) MOTOR VEHICLE SAFETY.— shall be required of the employer, if such FUL PRESENCE.— ‘‘(A) MODE OF TRANSPORTATION SUBJECT TO workers are transported only under cir- ‘‘(A) IN GENERAL.—An alien who has not COVERAGE.— cumstances for which there is coverage previously been admitted into the United ‘‘(i) IN GENERAL.—Except as provided in under such State law. States pursuant to this section, and who is clauses (iii) and (iv), this subsection applies ‘‘(II) An insurance policy or liability bond otherwise eligible for admission in accord- to any H–2A employer that uses or causes to shall be required of the employer for cir- ance with paragraphs (1) and (2), shall not be be used any vehicle to transport an H–2A cumstances under which coverage for the deemed inadmissible by virtue of section worker within the United States. transportation of such workers is not pro- 212(a)(9)(B). If an alien described in the pre- ‘‘(ii) DEFINED TERM.—In this paragraph, the vided under such State law. ceding sentence is present in the United term ‘uses or causes to be used’— ‘‘(c) COMPLIANCE WITH LABOR LAWS.—An States, the alien may apply from abroad for ‘‘(I) applies only to transportation pro- employer shall assure that, except as other- H–2A status, but may not be granted that vided by an H–2A employer to an H–2A work- wise provided in this section, the employer status in the United States. er, or by a farm labor contractor to an H–2A will comply with all applicable Federal, ‘‘(B) MAINTENANCE OF WAIVER.—An alien worker at the request or direction of an H–2A State, and local labor laws, including laws provided an initial waiver of ineligibility employer; and affecting migrant and seasonal agricultural pursuant to subparagraph (A) shall remain ‘‘(II) does not apply to— workers, with respect to all United States eligible for such waiver unless the alien vio- ‘‘(aa) transportation provided, or transpor- workers and alien workers employed by the lates the terms of this section or again be- tation arrangements made, by an H–2A employer, except that a violation of this as- comes ineligible under section 212(a)(9)(B) by worker, unless the employer specifically re- surance shall not constitute a violation of virtue of unlawful presence in the United quested or arranged such transportation; or the Migrant and Seasonal Agricultural States after the date of the initial waiver of ‘‘(bb) car pooling arrangements made by H– Worker Protection Act (29 U.S.C. 1801 et ineligibility pursuant to subparagraph (A). 2A workers themselves, using 1 of the work- seq.). ‘‘(d) PERIOD OF ADMISSION.— ers’ own vehicles, unless specifically re- ‘‘(d) COPY OF JOB OFFER.—The employer ‘‘(1) IN GENERAL.—The alien shall be admit- quested by the employer directly or through shall provide to the worker, not later than ted for the period of employment in the ap- a farm labor contractor. the day the work commences, a copy of the plication certified by the Secretary of Labor ‘‘(iii) CLARIFICATION.—Providing a job offer employer’s application and job offer de- pursuant to section 218(e)(2)(B), not to ex- to an H–2A worker that causes the worker to scribed in section 218(a), or, if the employer ceed 10 months, supplemented by a period of travel to or from the place of employment, will require the worker to enter into a sepa- not more than 1 week before the beginning of or the payment or reimbursement of the rate employment contract covering the em- the period of employment for the purpose of transportation costs of an H–2A worker by ployment in question, such separate employ- travel to the worksite and a period of 14 days an H–2A employer, shall not constitute an ment contract. following the period of employment for the arrangement of, or participation in, such ‘‘(e) RANGE PRODUCTION OF LIVESTOCK.— purpose of departure or extension based on a transportation. Nothing in this section, section 218, or sec- subsequent offer of employment, except ‘‘(iv) AGRICULTURAL MACHINERY AND EQUIP- tion 218B shall preclude the Secretary of that— MENT EXCLUDED.—This subsection does not Labor and the Secretary from continuing to ‘‘(A) the alien is not authorized to be em- apply to the transportation of an H–2A work- apply special procedures and requirements to ployed during such 14-day period except in er on a tractor, combine, harvester, picker, the admission and employment of aliens in the employment for which the alien was pre- or other similar machinery or equipment occupations involving the range production viously authorized; and while such worker is actually engaged in the of livestock. ‘‘(B) the total period of employment, in- planting, cultivating, or harvesting of agri- ‘‘SEC. 218B. PROCEDURE FOR ADMISSION AND EX- cluding such 14-day period, may not exceed cultural commodities or the care of live- TENSION OF STAY OF H–2A WORK- ERS. 10 months. stock or poultry or engaged in transpor- ‘‘(2) CONSTRUCTION.—Nothing in this sub- ‘‘(a) PETITIONING FOR ADMISSION.—An em- tation incidental thereto. ployer, or an association acting as an agent section shall limit the authority of the Sec- ‘‘(v) COMMON CARRIERS EXCLUDED.—This or joint employer for its members, that retary to extend the stay of the alien under subsection does not apply to common carrier seeks the admission into the United States any other provision of this Act. motor vehicle transportation in which the of an H–2A worker may file a petition with ‘‘(e) ABANDONMENT OF EMPLOYMENT.— provider holds itself out to the general pub- the Secretary. The petition shall be accom- ‘‘(1) IN GENERAL.—An alien admitted or lic as engaging in the transportation of pas- panied by an accepted and currently valid provided status under section sengers for hire and holds a valid certifi- certification provided by the Secretary of 101(a)(15)(H)(ii)(a) who abandons the employ- cation of authorization for such purposes Labor under section 218(e)(2)(B) covering the ment which was the basis for such admission from an appropriate Federal, State, or local petitioner. or status shall be considered to have failed agency. ‘‘(b) EXPEDITED ADJUDICATION BY THE SEC- to maintain nonimmigrant status as an H–2A ‘‘(B) APPLICABILITY OF STANDARDS, LICENS- RETARY.—The Secretary shall establish a worker and shall depart the United States or ING, AND INSURANCE REQUIREMENTS.— procedure for expedited adjudication of peti- be subject to removal under section ‘‘(i) IN GENERAL.—When using, or causing tions filed under subsection (a) and within 7 237(a)(1)(C)(i). to be used, any vehicle for the purpose of working days shall, by fax, cable, or other ‘‘(2) REPORT BY EMPLOYER.—The employer, providing transportation to which this sub- means assuring expedited delivery, transmit or association acting as agent for the em- paragraph applies, each employer shall— a copy of notice of action on the petition to ployer, shall notify the Secretary not later ‘‘(I) ensure that each such vehicle con- the petitioner and, in the case of approved than 7 days after an H–2A worker pre- forms to the standards prescribed by the Sec- petitions, to the appropriate immigration of- maturely abandons employment. retary of Labor under section 401(b) of the ficer at the port of entry or United States ‘‘(3) REMOVAL BY THE SECRETARY.—The Sec- Migrant and Seasonal Agricultural Worker consulate (as the case may be) where the pe- retary shall promptly remove from the Protection Act (29 U.S.C. 1841(b)) and other titioner has indicated that the alien bene- United States any H–2A worker who violates applicable Federal and State safety stand- ficiary (or beneficiaries) will apply for a visa any term or condition of the worker’s non- ards; or admission to the United States. immigrant status. ‘‘(II) ensure that each driver has a valid ‘‘(c) CRITERIA FOR ADMISSIBILITY.— ‘‘(4) VOLUNTARY TERMINATION.—Notwith- and appropriate license, as provided by State ‘‘(1) IN GENERAL.—An H–2A worker shall be standing paragraph (1), an alien may volun- law, to operate the vehicle; and considered admissible to the United States if tarily terminate his or her employment if ‘‘(III) have an insurance policy or a liabil- the alien is otherwise admissible under this the alien promptly departs the United States ity bond that is in effect which insures the section, section 218, and section 218A, and upon termination of such employment. employer against liability for damage to per- the alien is not ineligible under paragraph ‘‘(f) REPLACEMENT OF ALIEN.— sons or property arising from the ownership, (2). ‘‘(1) IN GENERAL.—Upon presentation of the operation, or causing to be operated, of any ‘‘(2) DISQUALIFICATION.—An alien shall be notice to the Secretary required by sub- vehicle used to transport any H–2A worker. considered inadmissible to the United States section (e)(2), the Secretary of State shall

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S973 promptly issue a visa to, and the Secretary with the alien’s identification and employ- ‘‘(C) who is seeking to receive an immi- shall admit into the United States, an eligi- ment eligibility document as evidence that grant visa under section 203(b)(3)(A)(iii). ble alien designated by the employer to re- the petition has been filed and that the alien ‘‘(2) CLASSIFICATION PETITION.—In the case place an H–2A worker— is authorized to work in the United States. of an eligible alien, the petition under sec- ‘‘(A) who abandons or prematurely termi- ‘‘(D) APPROVAL OF PETITION.—Upon ap- tion 204 for classification under section nates employment; or proval of a petition for an extension of stay 203(b)(3)(A)(iii) may be filed by— ‘‘(B) whose employment is terminated or change in the alien’s authorized employ- ‘‘(A) the alien’s employer on behalf of the after a United States worker is employed ment, the Secretary shall provide a new or eligible alien; or pursuant to section 218(b)(2)(H)(iii), if the updated employment eligibility document to ‘‘(B) the eligible alien. United States worker voluntarily departs be- the alien indicating the new validity date, ‘‘(3) NO LABOR CERTIFICATION REQUIRED.— fore the end of the period of intended em- after which the alien is not required to re- Notwithstanding section 203(b)(3)(C), no de- ployment or if the employment termination tain a copy of the petition. termination under section 212(a)(5)(A) is re- is for a lawful job-related reason. ‘‘(4) LIMITATION ON EMPLOYMENT AUTHOR- quired with respect to an immigrant visa de- ‘‘(2) CONSTRUCTION.—Nothing in this sub- IZATION OF ALIENS WITHOUT VALID IDENTIFICA- scribed in paragraph (1)(C) for an eligible section is intended to limit any preference TION AND EMPLOYMENT ELIGIBILITY DOCU- alien. required to be accorded United States work- MENT.—An expired identification and em- ‘‘(4) EFFECT OF PETITION.—The filing of a ers under any other provision of this Act. ployment eligibility document, together petition described in paragraph (2) or an ap- ‘‘(g) IDENTIFICATION DOCUMENT.— with a copy of a petition for extension of plication for adjustment of status based on ‘‘(1) IN GENERAL.—Each alien authorized to stay or change in the alien’s authorized em- the approval of such a petition shall not con- be admitted under section 101(a)(15)(H)(ii)(a) ployment that complies with the require- stitute evidence of an alien’s ineligibility for shall be provided an identification and em- ments of paragraph (1), shall constitute a nonimmigrant status under section ployment eligibility document to verify eli- valid work authorization document for a pe- 101(a)(15)(H)(ii)(a). gibility for employment in the United States riod of not more than 60 days beginning on ‘‘(5) EXTENSION OF STAY.—The Secretary and verify the alien’s identity. the date on which such petition is filed, after shall extend the stay of an eligible alien hav- ‘‘(2) REQUIREMENTS.—No identification and which time only a currently valid identifica- ing a pending or approved classification peti- employment eligibility document may be tion and employment eligibility document tion described in paragraph (2) in 1-year in- issued which does not meet the following re- shall be acceptable. crements until a final determination is made quirements: ‘‘(5) LIMITATION ON AN INDIVIDUAL’S STAY IN on the alien’s eligibility for adjustment of ‘‘(A) The document shall be capable of reli- STATUS.— status to that of an alien lawfully admitted ably determining whether— ‘‘(A) MAXIMUM PERIOD.—The maximum for permanent residence. ‘‘(i) the individual with the identification continuous period of authorized status as an ‘‘(6) CONSTRUCTION.—Nothing in this sub- and employment eligibility document whose H–2A worker (including any extensions) is 3 section shall be construed to prevent an eli- eligibility is being verified is in fact eligible years. gible alien from seeking adjustment of sta- for employment; ‘‘(B) REQUIREMENT TO REMAIN OUTSIDE THE tus in accordance with any other provision ‘‘(ii) the individual whose eligibility is UNITED STATES.— of law. being verified is claiming the identity of an- ‘‘(i) IN GENERAL.—Subject to clause (ii), in ‘‘SEC. 218C. WORKER PROTECTIONS AND LABOR other person; and the case of an alien outside the United STANDARDS ENFORCEMENT. ‘‘(iii) the individual whose eligibility is States whose period of authorized status as ‘‘(a) ENFORCEMENT AUTHORITY.— being verified is authorized to be admitted an H–2A worker (including any extensions) ‘‘(1) INVESTIGATION OF COMPLAINTS.— into, and employed in, the United States as has expired, the alien may not again apply ‘‘(A) AGGRIEVED PERSON OR THIRD-PARTY an H–2A worker. for admission to the United States as an H– COMPLAINTS.—The Secretary of Labor shall ‘‘(B) The document shall be in a form that 2A worker unless the alien has remained out- establish a process for the receipt, investiga- is resistant to counterfeiting and to tam- side the United States for a continuous pe- tion, and disposition of complaints respect- pering. riod equal to at least 1⁄5 the duration of the ing a petitioner’s failure to meet a condition ‘‘(C) The document shall— alien’s previous period of authorized status specified in section 218(b), or an employer’s ‘‘(i) be compatible with other databases of as an H–2A worker (including any exten- misrepresentation of material facts in an ap- the Secretary for the purpose of excluding sions). plication under section 218(a). Complaints aliens from benefits for which they are not ‘‘(ii) EXCEPTION.—Clause (i) shall not apply may be filed by any aggrieved person or or- eligible and determining whether the alien is in the case of an alien if the alien’s period of ganization (including bargaining representa- unlawfully present in the United States; and authorized status as an H–2A worker (includ- tives). No investigation or hearing shall be ‘‘(ii) be compatible with law enforcement ing any extensions) was for a period of not conducted on a complaint concerning such a databases to determine if the alien has been more than 10 months and such alien has been failure or misrepresentation unless the com- convicted of criminal offenses. outside the United States for at least 2 plaint was filed not later than 12 months ‘‘(h) EXTENSION OF STAY OF H–2A ALIENS IN months during the 12 months preceding the after the date of the failure, or misrepresen- THE UNITED STATES.— date the alien again is applying for admis- tation, respectively. The Secretary of Labor ‘‘(1) EXTENSION OF STAY.—If an employer sion to the United States as an H–2A worker. shall conduct an investigation under this seeks approval to employ an H–2A alien who ‘‘(i) SPECIAL RULES FOR ALIENS EMPLOYED subparagraph if there is reasonable cause to is lawfully present in the United States, the AS SHEEPHERDERS, GOAT HERDERS, OR DAIRY believe that such a failure or misrepresenta- petition filed by the employer or an associa- WORKERS.—Notwithstanding any provision of tion has occurred. tion pursuant to subsection (a), shall request the Agricultural Job Opportunities, Benefits, ‘‘(B) DETERMINATION ON COMPLAINT.—Under an extension of the alien’s stay and a change and Security Act of 2007, an alien admitted such process, the Secretary of Labor shall in the alien’s employment. under section 101(a)(15)(H)(ii)(a) for employ- provide, within 30 days after the date such a ‘‘(2) LIMITATION ON FILING A PETITION FOR ment as a sheepherder, goat herder, or dairy complaint is filed, for a determination as to EXTENSION OF STAY.—A petition may not be worker— whether or not a reasonable basis exists to filed for an extension of an alien’s stay— ‘‘(1) may be admitted for an initial period make a finding described in subparagraph ‘‘(A) for a period of more than 10 months; of 12 months; (C), (D), (E), or (G). If the Secretary of Labor or ‘‘(2) subject to subsection (j)(5), may have determines that such a reasonable basis ex- ‘‘(B) to a date that is more than 3 years such initial period of admission extended for ists, the Secretary of Labor shall provide for after the date of the alien’s last admission to a period of up to 3 years; and notice of such determination to the inter- the United States under this section. ‘‘(3) shall not be subject to the require- ested parties and an opportunity for a hear- ‘‘(3) WORK AUTHORIZATION UPON FILING A PE- ments of subsection (h)(5) (relating to peri- ing on the complaint, in accordance with TITION FOR EXTENSION OF STAY.— ods of absence from the United States). section 556 of title 5, United States Code, ‘‘(A) IN GENERAL.—An alien who is lawfully ‘‘(j) ADJUSTMENT TO LAWFUL PERMANENT within 60 days after the date of the deter- present in the United States may commence RESIDENT STATUS FOR ALIENS EMPLOYED AS mination. If such a hearing is requested, the the employment described in a petition SHEEPHERDERS, GOAT HERDERS, OR DAIRY Secretary of Labor shall make a finding con- under paragraph (1) on the date on which the WORKERS.— cerning the matter not later than 60 days petition is filed. ‘‘(1) ELIGIBLE ALIEN.—For purposes of this after the date of the hearing. In the case of ‘‘(B) DEFINITION.—For purposes of subpara- subsection, the term ‘eligible alien’ means similar complaints respecting the same ap- graph (A), the term ‘file’ means sending the an alien— plicant, the Secretary of Labor may consoli- petition by certified mail via the United ‘‘(A) having nonimmigrant status under date the hearings under this subparagraph States Postal Service, return receipt re- section 101(a)(15)(H)(ii)(a) based on employ- on such complaints. quested, or delivered by guaranteed commer- ment as a sheepherder, goat herder, or dairy ‘‘(C) FAILURES TO MEET CONDITIONS.—If the cial delivery which will provide the employer worker; Secretary of Labor finds, after notice and op- with a documented acknowledgment of the ‘‘(B) who has maintained such non- portunity for a hearing, a failure to meet a date of receipt of the petition. immigrant status in the United States for a condition of paragraph (1)(A), (1)(B), (1)(D), ‘‘(C) HANDLING OF PETITION.—The employer cumulative total of 36 months (excluding any (1)(F), (2)(A), (2)(B), or (2)(G) of section shall provide a copy of the employer’s peti- period of absence from the United States); 218(b), a substantial failure to meet a condi- tion to the alien, who shall keep the petition and tion of paragraph (1)(C), (1)(E), (2)(C), (2)(D),

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(2)(E), or (2)(H) of section 218(b), or a mate- ‘‘(b) RIGHTS ENFORCEABLE BY PRIVATE Secretary of Labor may not maintain a civil rial misrepresentation of fact in an applica- RIGHT OF ACTION.—H–2A workers may en- action under paragraph (2) unless a com- tion under section 218(a)— force the following rights through the pri- plaint based on the same violation filed with ‘‘(i) the Secretary of Labor shall notify the vate right of action provided in subsection the Secretary of Labor under subsection Secretary of such finding and may, in addi- (c), and no other right of action shall exist (a)(1) is withdrawn before the filing of such tion, impose such other administrative rem- under Federal or State law to enforce such action, in which case the rights and remedies edies (including civil money penalties in an rights: available under this subsection shall be ex- amount not to exceed $1,000 per violation) as ‘‘(1) The providing of housing or a housing clusive. the Secretary of Labor determines to be ap- allowance as required under section ‘‘(4) PREEMPTION OF STATE CONTRACT propriate; and 218A(b)(1). RIGHTS.—Nothing in this Act shall be con- ‘‘(ii) the Secretary may disqualify the em- ‘‘(2) The reimbursement of transportation strued to diminish the rights and remedies of ployer from the employment of aliens de- as required under section 218A(b)(2). an H–2A worker under any other Federal or scribed in section 101(a)(15)(H)(ii)(a) for a pe- ‘‘(3) The payment of wages required under State law or regulation or under any collec- riod of 1 year. section 218A(b)(3) when due. tive bargaining agreement, except that no ‘‘(D) WILLFUL FAILURES AND WILLFUL MIS- ‘‘(4) The benefits and material terms and court or administrative action shall be avail- conditions of employment expressly provided REPRESENTATIONS.—If the Secretary of Labor able under any State contract law to enforce in the job offer described in section 218(a)(2), finds, after notice and opportunity for hear- the rights created by this Act. ing, a willful failure to meet a condition of not including the assurance to comply with ‘‘(5) WAIVER OF RIGHTS PROHIBITED.—Agree- section 218(b), a willful misrepresentation of other Federal, State, and local labor laws de- ments by employees purporting to waive or a material fact in an application under sec- scribed in section 218A(c), compliance with modify their rights under this Act shall be tion 218(a), or a violation of subsection which shall be governed by the provisions of void as contrary to public policy, except that (d)(1)— such laws. a waiver or modification of the rights or ob- ‘‘(i) the Secretary of Labor shall notify the ‘‘(5) The guarantee of employment required ligations in favor of the Secretary of Labor Secretary of such finding and may, in addi- under section 218A(b)(4). shall be valid for purposes of the enforce- tion, impose such other administrative rem- ‘‘(6) The motor vehicle safety requirements ment of this Act. The preceding sentence edies (including civil money penalties in an under section 218A(b)(5). amount not to exceed $5,000 per violation) as ‘‘(7) The prohibition of discrimination may not be construed to prohibit agreements the Secretary of Labor determines to be ap- under subsection (d)(2). to settle private disputes or litigation. propriate; ‘‘(c) PRIVATE RIGHT OF ACTION.— ‘‘(6) AWARD OF DAMAGES OR OTHER EQUI- ‘‘(ii) the Secretary of Labor may seek ap- ‘‘(1) MEDIATION.—Upon the filing of a com- TABLE RELIEF.— propriate legal or equitable relief to effec- plaint by an H–2A worker aggrieved by a vio- ‘‘(A) If the court finds that the respondent tuate the purposes of subsection (d)(1); and lation of rights enforceable under subsection has intentionally violated any of the rights ‘‘(iii) the Secretary may disqualify the em- (b), and within 60 days of the filing of proof enforceable under subsection (b), it shall ployer from the employment of H–2A work- of service of the complaint, a party to the award actual damages, if any, or equitable ers for a period of 2 years. action may file a request with the Federal relief. ‘‘(E) DISPLACEMENT OF UNITED STATES Mediation and Conciliation Service to assist ‘‘(B) Any civil action brought under this WORKERS.—If the Secretary of Labor finds, the parties in reaching a satisfactory resolu- section shall be subject to appeal as provided after notice and opportunity for hearing, a tion of all issues involving all parties to the in chapter 83 of title 28, United States Code. willful failure to meet a condition of section dispute. Upon a filing of such request and ‘‘(7) WORKERS’ COMPENSATION BENEFITS; EX- 218(b) or a willful misrepresentation of a ma- giving of notice to the parties, the parties CLUSIVE REMEDY.— terial fact in an application under section shall attempt mediation within the period ‘‘(A) Notwithstanding any other provision 218(a), in the course of which failure or mis- specified in subparagraph (B). of this section, where a State’s workers’ representation the employer displaced a ‘‘(A) MEDIATION SERVICES.—The Federal compensation law is applicable and coverage United States worker employed by the em- Mediation and Conciliation Service shall be is provided for an H–2A worker, the workers’ ployer during the period of employment on available to assist in resolving disputes aris- compensation benefits shall be the exclusive the employer’s application under section ing under subsection (b) between H–2A work- remedy for the loss of such worker under 218(a) or during the period of 30 days pre- ers and agricultural employers without this section in the case of bodily injury or ceding such period of employment— charge to the parties. death in accordance with such State’s work- ‘‘(i) the Secretary of Labor shall notify the ‘‘(B) 90-DAY LIMIT.—The Federal Mediation ers’ compensation law. Secretary of such finding and may, in addi- and Conciliation Service may conduct medi- ‘‘(B) The exclusive remedy prescribed in tion, impose such other administrative rem- ation or other nonbinding dispute resolution subparagraph (A) precludes the recovery edies (including civil money penalties in an activities for a period not to exceed 90 days under paragraph (6) of actual damages for amount not to exceed $15,000 per violation) beginning on the date on which the Federal loss from an injury or death but does not as the Secretary of Labor determines to be Mediation and Conciliation Service receives preclude other equitable relief, except that appropriate; and the request for assistance unless the parties such relief shall not include back or front ‘‘(ii) the Secretary may disqualify the em- agree to an extension of this period of time. pay or in any manner, directly or indirectly, ployer from the employment of H–2A work- ‘‘(C) AUTHORIZATION.— expand or otherwise alter or affect— ers for a period of 3 years. ‘‘(i) IN GENERAL.—Subject to clause (ii), ‘‘(i) a recovery under a State workers’ ‘‘(F) LIMITATIONS ON CIVIL MONEY PEN- there are authorized to be appropriated to compensation law; or ALTIES.—The Secretary of Labor shall not the Federal Mediation and Conciliation ‘‘(ii) rights conferred under a State work- impose total civil money penalties with re- Service $500,000 for each fiscal year to carry ers’ compensation law. spect to an application under section 218(a) out this section. ‘‘(8) TOLLING OF STATUTE OF LIMITATIONS.— in excess of $90,000. ‘‘(ii) MEDIATION.—Notwithstanding any If it is determined under a State workers’ ‘‘(G) FAILURES TO PAY WAGES OR REQUIRED other provision of law, the Director of the compensation law that the workers’ com- BENEFITS.—If the Secretary of Labor finds, Federal Mediation and Conciliation Service pensation law is not applicable to a claim for after notice and opportunity for a hearing, is authorized to conduct the mediation or bodily injury or death of an H–2A worker, that the employer has failed to pay the other dispute resolution activities from any the statute of limitations for bringing an ac- wages, or provide the housing allowance, other appropriated funds available to the Di- tion for actual damages for such injury or transportation, subsistence reimbursement, rector and to reimburse such appropriated death under subsection (c) shall be tolled for or guarantee of employment, required under funds when the funds are appropriated pursu- the period during which the claim for such section 218A(b), the Secretary of Labor shall ant to this authorization, such reimburse- injury or death under such State workers’ assess payment of back wages, or other re- ment to be credited to appropriations cur- compensation law was pending. The statute quired benefits, due any United States work- rently available at the time of receipt. of limitations for an action for actual dam- er or H–2A worker employed by the employer ‘‘(2) MAINTENANCE OF CIVIL ACTION IN DIS- ages or other equitable relief arising out of in the specific employment in question. The TRICT COURT BY AGGRIEVED PERSON.—An H–2A the same transaction or occurrence as the back wages or other required benefits under worker aggrieved by a violation of rights en- injury or death of the H–2A worker shall be section 218A(b) shall be equal to the dif- forceable under subsection (b) by an agricul- tolled for the period during which the claim ference between the amount that should tural employer or other person may file suit for such injury or death was pending under have been paid and the amount that actually in any district court of the United States the State workers’ compensation law. was paid to such worker. having jurisdiction over the parties, without ‘‘(9) PRECLUSIVE EFFECT.—Any settlement ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in regard to the amount in controversy, with- by an H–2A worker and an H–2A employer or this section shall be construed as limiting out regard to the citizenship of the parties, any person reached through the mediation the authority of the Secretary of Labor to and without regard to the exhaustion of any process required under subsection (c)(1) shall conduct any compliance investigation under alternative administrative remedies under preclude any right of action arising out of any other labor law, including any law af- this Act, not later than 3 years after the date the same facts between the parties in any fecting migrant and seasonal agricultural the violation occurs. Federal or State court or administrative pro- workers, or, in the absence of a complaint ‘‘(3) ELECTION.—An H–2A worker who has ceeding, unless specifically provided other- under this section, under section 218 or 218A. filed an administrative complaint with the wise in the settlement agreement.

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‘‘(10) SETTLEMENTS.—Any settlement by alty shall be invoked against the association water for irrigation purposes and reduces or the Secretary of Labor with an H–2A em- member or members as well. limits the employer’s ability to produce an ployer on behalf of an H–2A worker of a com- ‘‘SEC. 218D. DEFINITIONS. agricultural commodity, thereby reducing plaint filed with the Secretary of Labor ‘‘For purposes of this section and section the need for labor. under this section or any finding by the Sec- 218, 218A, 218B, and 218C: ‘‘(11) SEASONAL.—Labor is performed on a retary of Labor under subsection (a)(1)(B) ‘‘(1) AGRICULTURAL EMPLOYMENT.—The ‘seasonal’ basis if— shall preclude any right of action arising out term ‘agricultural employment’ means any ‘‘(A) ordinarily, it pertains to or is of the of the same facts between the parties under service or activity that is considered to be kind exclusively performed at certain sea- any Federal or State court or administrative agricultural under section 3(f) of the Fair sons or periods of the year; and proceeding, unless specifically provided oth- Labor Standards Act of 1938 (29 U.S.C. 203(f)) ‘‘(B) from its nature, it may not be contin- erwise in the settlement agreement. or agricultural labor under section 3121(g) of uous or carried on throughout the year. ‘‘(d) DISCRIMINATION PROHIBITED.— the Internal Revenue Code of 1986 or the per- ‘‘(12) SECRETARY.—Except as otherwise pro- ‘‘(1) IN GENERAL.—It is a violation of this formance of agricultural labor or services de- vided, the term ‘Secretary’ means the Sec- subsection for any person who has filed an scribed in section 101(a)(15)(H)(ii)(a). retary of Homeland Security. application under section 218(a), to intimi- ‘‘(2) BONA FIDE UNION.—The term ‘bona fide ‘‘(13) TEMPORARY.—A worker is employed date, threaten, restrain, coerce, blacklist, union’ means any organization in which em- on a ‘temporary’ basis where the employ- discharge, or in any other manner discrimi- ployees participate and which exists for the ment is intended not to exceed 10 months. nate against an employee (which term, for purpose of dealing with employers con- ‘‘(14) UNITED STATES WORKER.—The term purposes of this subsection, includes a cerning grievances, labor disputes, wages, ‘United States worker’ means any worker, former employee and an applicant for em- rates of pay, hours of employment, or other whether a national of the United States, an ployment) because the employee has dis- terms and conditions of work for agricul- alien lawfully admitted for permanent resi- closed information to the employer, or to tural employees. Such term does not include dence, or any other alien, who is authorized any other person, that the employee reason- an organization formed, created, adminis- to work in the job opportunity within the ably believes evidences a violation of section tered, supported, dominated, financed, or United States, except an alien admitted or 218 or 218A or any rule or regulation per- controlled by an employer or employer asso- otherwise provided status under section taining to section 218 or 218A, or because the ciation or its agents or representatives. 101(a)(15)(H)(ii)(a).’’. employee cooperates or seeks to cooperate in ‘‘(3) DISPLACE.—The term ‘displace’, in the (b) TABLE OF CONTENTS.—The table of con- an investigation or other proceeding con- case of an application with respect to 1 or tents of the Immigration and Nationality cerning the employer’s compliance with the more H–2A workers by an employer, means Act (8 U.S.C. 1101 et seq.) is amended by requirements of section 218 or 218A or any laying off a United States worker from a job striking the item relating to section 218 and rule or regulation pertaining to either of inserting the following: for which the H–2A worker or workers is or such sections. are sought. ‘‘Sec. 218. H–2A employer applications. ‘‘(2) DISCRIMINATION AGAINST H–2A WORK- ‘‘Sec. 218A. H–2A employment requirements. ‘‘(4) ELIGIBLE.—The term ‘eligible’, when ERS.—It is a violation of this subsection for ‘‘Sec. 218B. Procedure for admission and ex- used with respect to an individual, means an any person who has filed an application tension of stay of H–2A work- individual who is not an unauthorized alien under section 218(a), to intimidate, threaten, ers. (as defined in section 274A). restrain, coerce, blacklist, discharge, or in ‘‘Sec. 218C. Worker protections and labor ‘‘(5) EMPLOYER.—The term ‘employer’ any manner discriminate against an H–2A standards enforcement. means any person or entity, including any employee because such worker has, with just ‘‘Sec. 218D. Definitions.’’. farm labor contractor and any agricultural cause, filed a complaint with the Secretary Subtitle C—Miscellaneous Provisions association, that employs workers in agri- of Labor regarding a denial of the rights enu- cultural employment. SEC. 241. DETERMINATION AND USE OF USER merated and enforceable under subsection (b) FEES. ‘‘(6) H–2A EMPLOYER.—The term ‘H–2A em- or instituted, or caused to be instituted, a (a) SCHEDULE OF FEES.—The Secretary ployer’ means an employer who seeks to hire private right of action under subsection (c) shall establish and periodically adjust a 1 or more nonimmigrant aliens described in regarding the denial of the rights enumer- schedule of fees for the employment of aliens section 101(a)(15)(H)(ii)(a). ated under subsection (b), or has testified or pursuant to the amendment made by section ‘‘(7) H–2A WORKER.—The term ‘H–2A work- is about to testify in any court proceeding 231(a) of this Act and a collection process for er’ means a nonimmigrant described in sec- brought under subsection (c). such fees from employers. Such fees shall be ‘‘(e) AUTHORIZATION TO SEEK OTHER APPRO- tion 101(a)(15)(H)(ii)(a). the only fees chargeable to employers for PRIATE EMPLOYMENT.—The Secretary of ‘‘(8) JOB OPPORTUNITY.—The term ‘job op- services provided under such amendment. Labor and the Secretary shall establish a portunity’ means a job opening for tem- (b) DETERMINATION OF SCHEDULE.— process under which an H–2A worker who porary or seasonal full-time employment at (1) IN GENERAL.—The schedule under sub- files a complaint regarding a violation of a place in the United States to which United section (a) shall reflect a fee rate based on subsection (d) and is otherwise eligible to re- States workers can be referred. the number of job opportunities indicated in main and work in the United States may be ‘‘(9) LAYING OFF.— the employer’s application under section 218 allowed to seek other appropriate employ- ‘‘(A) IN GENERAL.—The term ‘laying off’, of the Immigration and Nationality Act, as ment in the United States for a period not to with respect to a worker— amended by section 231 of this Act, and suffi- exceed the maximum period of stay author- ‘‘(i) means to cause the worker’s loss of cient to provide for the direct costs of pro- ized for such nonimmigrant classification. employment, other than through a discharge viding services related to an employer’s au- ‘‘(f) ROLE OF ASSOCIATIONS.— for inadequate performance, violation of thorization to employ aliens pursuant to the ‘‘(1) VIOLATION BY A MEMBER OF AN ASSOCIA- workplace rules, cause, voluntary departure, amendment made by section 231(a) of this TION.—An employer on whose behalf an ap- voluntary retirement, contract impossibility Act, to include the certification of eligible plication is filed by an association acting as (as described in section 218A(b)(4)(D)), or employers, the issuance of documentation, its agent is fully responsible for such appli- temporary suspension of employment due to and the admission of eligible aliens. cation, and for complying with the terms weather, markets, or other temporary condi- (2) PROCEDURE.— and conditions of sections 218 and 218A, as tions; but (A) IN GENERAL.—In establishing and ad- though the employer had filed the applica- ‘‘(ii) does not include any situation in justing such a schedule, the Secretary shall tion itself. If such an employer is deter- which the worker is offered, as an alter- comply with Federal cost accounting and fee mined, under this section, to have com- native to such loss of employment, a similar setting standards. mitted a violation, the penalty for such vio- employment opportunity with the same em- (B) PUBLICATION AND COMMENT.—The Sec- lation shall apply only to that member of ployer (or, in the case of a placement of a retary shall publish in the Federal Register the association unless the Secretary of worker with another employer under section an initial fee schedule and associated collec- Labor determines that the association or 218(b)(2)(E), with either employer described tion process and the cost data or estimates other member participated in, had knowl- in such section) at equivalent or higher com- upon which such fee schedule is based, and edge, or reason to know, of the violation, in pensation and benefits than the position any subsequent amendments thereto, pursu- which case the penalty shall be invoked from which the employee was discharged, re- ant to which public comment shall be sought against the association or other association gardless of whether or not the employee ac- and a final rule issued. member as well. cepts the offer. (c) USE OF PROCEEDS.—Notwithstanding ‘‘(2) VIOLATIONS BY AN ASSOCIATION ACTING ‘‘(B) STATUTORY CONSTRUCTION.—Nothing any other provision of law, all proceeds re- AS AN EMPLOYER.—If an association filing an in this paragraph is intended to limit an em- sulting from the payment of the fees pursu- application as a sole or joint employer is de- ployee’s rights under a collective bargaining ant to the amendment made by section 231(a) termined to have committed a violation agreement or other employment contract. of this Act shall be available without further under this section, the penalty for such vio- ‘‘(10) REGULATORY DROUGHT.—The term appropriation and shall remain available lation shall apply only to the association un- ‘regulatory drought’ means a decision subse- without fiscal year limitation to reimburse less the Secretary of Labor determines that quent to the filing of the application under the Secretary, the Secretary of State, and an association member or members partici- section 218 by an entity not under the con- the Secretary of Labor for the costs of car- pated in or had knowledge, or reason to trol of the employer making such filing rying out sections 218 and 218B of the Immi- know of the violation, in which case the pen- which restricts the employer’s access to gration and Nationality Act, as amended and

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S976 CONGRESSIONAL RECORD — SENATE January 23, 2007 added, respectively, by section 231 of this TITLE II—AGJOBS ACT OF 2007 under this section only if the Secretary de- Act, and the provisions of this title. SEC. 201. SHORT TITLE. termines that the alien is deportable. SEC. 242. REGULATIONS. This title may be cited as the ‘‘Agricul- (2) GROUNDS FOR TERMINATION OF BLUE CARD (a) REQUIREMENT FOR THE SECRETARY TO tural Job Opportunities, Benefits, and Secu- STATUS.—Before any alien becomes eligible CONSULT.—The Secretary shall consult with rity Act of 2007’’ or the ‘‘AgJOBS Act of for adjustment of status under section 213, the Secretary of Labor and the Secretary of 2007’’. the Secretary may deny adjustment to per- Agriculture during the promulgation of all manent resident status and provide for ter- SEC. 202. DEFINITIONS. regulations to implement the duties of the mination of the blue card status granted In this title: Secretary under this title and the amend- such alien under paragraph (1) if— (1) AGRICULTURAL EMPLOYMENT.—The term ments made by this title. (A) the Secretary finds, by a preponderance ‘‘agricultural employment’’ means any serv- (b) REQUIREMENT FOR THE SECRETARY OF of the evidence, that the adjustment to blue ice or activity that is considered to be agri- STATE TO CONSULT.—The Secretary of State card status was the result of fraud or willful shall consult with the Secretary, the Sec- cultural under section 3(f) of the Fair Labor misrepresentation (as described in section retary of Labor, and the Secretary of Agri- Standards Act of 1938 (29 U.S.C. 203(f)) or ag- 212(a)(6)(C)(i) of the Immigration and Nation- culture on all regulations to implement the ricultural labor under section 3121(g) of the ality Act (8 U.S.C. 1182(a)(6)(C)(i)); or duties of the Secretary of State under this Internal Revenue Code of 1986 or the per- (B) the alien— title and the amendments made by this title. formance of agricultural labor or services de- (i) commits an act that makes the alien in- (c) REQUIREMENT FOR THE SECRETARY OF scribed in section 101(a)(15)(H)(ii)(a) of the admissible to the United States as an immi- LABOR TO CONSULT.—The Secretary of Labor Immigration and Nationality Act (8 U.S.C. grant, except as provided under section shall consult with the Secretary of Agri- 1101(a)(15)(H)(ii)(a)). 215(b); culture and the Secretary on all regulations (2) BLUE CARD STATUS.—The term ‘‘blue (ii) is convicted of a felony or 3 or more to implement the duties of the Secretary of card status’’ means the status of an alien misdemeanors committed in the United Labor under this title and the amendments who has been lawfully admitted into the States; made by this title. United States for temporary residence under (iii) is convicted of an offense, an element (d) DEADLINE FOR ISSUANCE OF REGULA- section 211(a). of which involves bodily injury, threat of se- TIONS.—All regulations to implement the du- (3) DEPARTMENT.—The term ‘‘Department’’ rious bodily injury, or harm to property in ties of the Secretary, the Secretary of State, means the Department of Homeland Secu- excess of $500; or and the Secretary of Labor created under rity. (iv) fails to perform the agricultural em- sections 218, 218A, 218B, 218C, and 218D of the (4) EMPLOYER.—The term ‘‘employer’’ ployment required under section 213(a)(1)(A) Immigration and Nationality Act, as amend- means any person or entity, including any unless the alien was unable to work in agri- ed or added by section 231 of this Act, shall farm labor contractor and any agricultural cultural employment due to the extraor- take effect on the effective date of section association, that employs workers in agri- dinary circumstances described in section 231 and shall be issued not later than 1 year cultural employment. 213(a)(3). after the date of enactment of this Act. (5) SECRETARY.—Except as otherwise pro- (e) RECORD OF EMPLOYMENT.— (1) IN GENERAL.—Each employer of an alien SEC. 243. REPORTS TO CONGRESS. vided, the term ‘‘Secretary’’ means the Sec- granted blue card status under this section (a) ANNUAL REPORT.—Not later than Sep- retary of Homeland Security. shall annually— tember 30 of each year, the Secretary shall (6) TEMPORARY.—A worker is employed on (A) provide a written record of employ- submit a report to Congress that identifies, a ‘‘temporary’’ basis when the employment ment to the alien; and for the previous year— is intended not to exceed 10 months. (B) provide a copy of such record to the (1) the number of job opportunities ap- (7) WORK DAY.—The term ‘‘work day’’ Secretary. proved for employment of aliens admitted means any day in which the individual is em- (2) SUNSET.—The obligation under para- under section 101(a)(15)(H)(ii)(a) of the Immi- ployed 5.75 or more hours in agricultural em- graph (1) shall terminate on the date that is gration and Nationality Act (8 U.S.C. ployment. 6 years after the date of the enactment of 1101(a)(15)(H)(ii)(a)), and the number of work- Subtitle A—Pilot Program for Earned Status this Act. ers actually admitted, disaggregated by Adjustment of Agricultural Workers (f) REQUIRED FEATURES OF IDENTITY State and by occupation; PART I—BLUE CARD STATUS CARD.—The Secretary shall provide each (2) the number of such aliens reported to SEC. 211. REQUIREMENTS FOR BLUE CARD STA- alien granted blue card status, and the have abandoned employment pursuant to TUS. spouse and any child of each such alien resid- subsection 218B(e)(2) of such Act; (a) REQUIREMENT TO GRANT BLUE CARD ing in the United States, with a card that (3) the number of such aliens who departed STATUS.—Notwithstanding any other provi- contains— the United States within the period specified sion of law, the Secretary shall, pursuant to (1) an encrypted, machine-readable, elec- in subsection 218B(d) of such Act; the requirements of this section, grant blue tronic identification strip that is unique to (4) the number of aliens who applied for ad- card status to an alien who qualifies under the alien to whom the card is issued; justment of status pursuant to section 211(a); this section if the Secretary determines that (2) biometric identifiers, including finger- (5) the number of such aliens whose status the alien— prints and a digital photograph; and was adjusted under section 211(a); (1) has performed agricultural employment (3) physical security features designed to (6) the number of aliens who applied for in the United States for at least 863 hours or prevent tampering, counterfeiting, or dupli- permanent residence pursuant to section 150 work days during the 24-month period cation of the card for fraudulent purposes. 213(c); and ending on December 31, 2006; (g) FINE.—An alien granted blue card sta- (7) the number of such aliens who were ap- (2) applied for such status during the 18- tus shall pay a fine of $100 to the Secretary. proved for permanent residence pursuant month application period beginning on the (h) MAXIMUM NUMBER.—The Secretary may section 213(c). first day of the seventh month that begins not issue more than 1,500,000 blue cards dur- (b) IMPLEMENTATION REPORT.—Not later after the date of enactment of this Act; ing the 5-year period beginning on the date than 180 days after the date of the enactment (3) is otherwise admissible to the United of the enactment of this Act. of this Act, the Secretary shall prepare and States under section 212 of the Immigration SEC. 212. TREATMENT OF ALIENS GRANTED BLUE submit to Congress a report that describes CARD STATUS. and Nationality Act (8 U.S.C. 1182), except as the measures being taken and the progress (a) IN GENERAL.—Except as otherwise pro- otherwise provided under section 215(b); and made in implementing this Act. vided under this section, an alien granted (4) has not been convicted of any felony or blue card status shall be considered to be an SEC. 244. EFFECTIVE DATE. a misdemeanor, an element of which in- alien lawfully admitted for permanent resi- Except as otherwise provided, sections 231 volves bodily injury, threat of serious bodily dence for purposes of any law other than any and 241 shall take effect 1 year after the date injury, or harm to property in excess of $500. of the enactment of this Act. provision of the Immigration and Nation- (b) AUTHORIZED TRAVEL.—An alien who is ality Act (8 U.S.C. 1101 et seq.). granted blue card status is authorized to (b) DELAYED ELIGIBILITY FOR CERTAIN FED- SA 168. Mrs. FEINSTEIN (for herself travel outside the United States (including and Mr. CRAIG) submitted an amend- ERAL PUBLIC BENEFITS.—An alien granted commuting to the United States from a resi- blue card status shall not be eligible, by rea- ment intended to be proposed to dence in a foreign country) in the same man- son of such status, for any form of assistance amendment SA 117 submitted by Mr. ner as an alien lawfully admitted for perma- or benefit described in section 403(a) of the CHAMBLISS (for himself, Mr. BURR, and nent residence. Personal Responsibility and Work Oppor- Mr. ISAKSON) and intended to be pro- (c) AUTHORIZED EMPLOYMENT.—The Sec- tunity Reconciliation Act of 1996 (8 U.S.C. posed to the bill H.R. 2, to amend the retary shall provide an alien who is granted 1613(a)) until 5 years after the date on which Fair Labor Standards Act of 1938 to blue card status an employment authorized the alien is granted an adjustment of status endorsement or other appropriate work per- provide for an increase in the Federal under section 213. mit, in the same manner as an alien lawfully (c) TERMS OF EMPLOYMENT.— minimum wage; which was ordered to admitted for permanent residence. (1) PROHIBITION.—No alien granted blue lie on the table; as follows: (d) TERMINATION OF BLUE CARD STATUS.— card status may be terminated from employ- In lieu of the matter proposed to be in- (1) IN GENERAL.—The Secretary may termi- ment by any employer during the period of serted, insert the following: nate blue card status granted to an alien blue card status except for just cause.

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(2) TREATMENT OF COMPLAINTS.— tion was between the same or related parties (1) the Secretary finds by a preponderance (A) ESTABLISHMENT OF PROCESS.—The Sec- or involved the same facts, except that the of the evidence that the adjustment to blue retary shall establish a process for the re- arbitrator’s specific finding of the number of card status was the result of fraud or willful ceipt, initial review, and disposition of com- days or hours of work lost by the employee misrepresentation, as described in section plaints by aliens granted blue card status as a result of the employment termination 212(a)(6)(C)(i) of the Immigration and Nation- who allege that they have been terminated may be referred to the Secretary pursuant to ality Act (8 U.S.C. 1182(a)(6)(C)(i)); or without just cause. No proceeding shall be subparagraph (D). (2) the alien— conducted under this paragraph with respect (3) CIVIL PENALTIES.— (A) commits an act that makes the alien to a termination unless the Secretary deter- (A) IN GENERAL.—If the Secretary finds, inadmissible to the United States under sec- mines that the complaint was filed not later after notice and opportunity for a hearing, tion 212 of the Immigration and Nationality than 6 months after the date of the termi- that an employer of an alien granted blue Act (8 U.S.C. 1182), except as provided under nation. card status has failed to provide the record section 215(b); (B) INITIATION OF ARBITRATION.—If the Sec- of employment required under section 211(e) (B) is convicted of a felony or 3 or more retary finds that an alien has filed a com- or has provided a false statement of material misdemeanors committed in the United plaint in accordance with subparagraph (A) fact in such a record, the employer shall be States; or and there is reasonable cause to believe that subject to a civil money penalty in an (C) is convicted of an offense, an element the alien was terminated from employment amount not to exceed $1,000 per violation. of which involves bodily injury, threat of se- without just cause, the Secretary shall ini- (B) LIMITATION.—The penalty applicable rious bodily injury, or harm to property in tiate binding arbitration proceedings by re- under subparagraph (A) for failure to provide excess of $500. questing the Federal Mediation and Concilia- records shall not apply unless the alien has (c) GROUNDS FOR REMOVAL.—Any alien tion Service to appoint a mutually agreeable provided the employer with evidence of em- granted blue card status who does not apply arbitrator from the roster of arbitrators ployment authorization granted under this for adjustment of status under this section maintained by such Service for the geo- section. before the expiration of the application pe- graphical area in which the employer is lo- SEC. 213. ADJUSTMENT TO PERMANENT RESI- riod described in subsection (a)(4) or who cated. The procedures and rules of such Serv- DENCE. fails to meet the other requirements of sub- (a) IN GENERAL.—Except as provided in ice shall be applicable to the selection of section (a) by the end of the application pe- subsection (b), the Secretary shall adjust the such arbitrator and to such arbitration pro- riod, is deportable and may be removed status of an alien granted blue card status to ceedings. The Secretary shall pay the fee and under section 240 of the Immigration and Na- that of an alien lawfully admitted for perma- expenses of the arbitrator, subject to the tionality Act (8 U.S.C. 1229a). availability of appropriations for such pur- nent residence if the Secretary determines (d) PAYMENT OF TAXES.— pose. that the following requirements are satis- (1) IN GENERAL.—Not later than the date on (C) ARBITRATION PROCEEDINGS.—The arbi- fied: trator shall conduct the proceeding under (1) QUALIFYING EMPLOYMENT.— which an alien’s status is adjusted under this this paragraph in accordance with the poli- (A) IN GENERAL.—Subject to subparagraph section, the alien shall establish that the cies and procedures promulgated by the (B), the alien has performed at least— alien does not owe any applicable Federal American Arbitration Association applicable (i) 5 years of agricultural employment in tax liability by establishing that— to private arbitration of employment dis- the United States for at least 100 work days (A) no such tax liability exists; putes. The arbitrator shall make findings re- per year, during the 5-year period beginning (B) all such outstanding tax liabilities specting whether the termination was for on the date of the enactment of this Act; or have been paid; or just cause. The arbitrator may not find that (ii) 3 years of agricultural employment in (C) the alien has entered into an agreement the termination was for just cause unless the the United States for at least 150 work days for payment of all outstanding liabilities employer so demonstrates by a preponder- per year, during the 3-year period beginning with the Internal Revenue Service. ance of the evidence. If the arbitrator finds on the date of the enactment of this Act. (2) APPLICABLE FEDERAL TAX LIABILITY.—In that the termination was not for just cause, (B) 4-YEAR PERIOD OF EMPLOYMENT.—An paragraph (1) the term ‘‘applicable Federal the arbitrator shall make a specific finding alien shall be considered to meet the require- tax liability’’ means liability for Federal of the number of days or hours of work lost ments of subparagraph (A) if the alien has taxes, including penalties and interest, owed by the employee as a result of the termi- performed 4 years of agricultural employ- for any year during the period of employ- nation. The arbitrator shall have no author- ment in the United States for at least 150 ment required under subsection (a)(1) for ity to order any other remedy, including re- work days during 3 years of those 4 years and which the statutory period for assessment of instatement, back pay, or front pay to the at least 100 work days during the remaining any deficiency for such taxes has not ex- affected employee. Not later than 30 days year, during the 4-year period beginning on pired. after the date of the conclusion of the arbi- the date of the enactment of this Act. (3) IRS COOPERATION.—The Secretary of the tration proceeding, the arbitrator shall (2) PROOF.—An alien may demonstrate Treasury shall establish rules and procedures transmit the findings in the form of a writ- compliance with the requirement under under which the Commissioner of Internal ten opinion to the parties to the arbitration paragraph (1) by submitting— Revenue shall provide documentation to an and the Secretary. Such findings shall be (A) the record of employment described in alien upon request to establish the payment final and conclusive, and no official or court section 211(e); or of all taxes required by this subsection. of the United States shall have the power or (B) such documentation as may be sub- (e) SPOUSES AND MINOR CHILDREN.— jurisdiction to review any such findings. mitted under section 214(c). (1) IN GENERAL.—Notwithstanding any (D) EFFECT OF ARBITRATION FINDINGS.—If (3) EXTRAORDINARY CIRCUMSTANCES.—In de- other provision of law, the Secretary shall the Secretary receives a finding of an arbi- termining whether an alien has met the re- confer the status of lawful permanent resi- trator that an employer has terminated the quirement of paragraph (1)(A), the Secretary dent on the spouse and minor child of an employment of an alien who is granted blue may credit the alien with not more than 12 alien granted any adjustment of status under card status without just cause, the Secretary additional months to meet the requirement subsection (a), including any individual who shall credit the alien for the number of days of that subparagraph if the alien was unable was a minor child on the date such alien was or hours of work not performed during such to work in agricultural employment due to— granted blue card status, if the spouse or period of termination for the purpose of de- (A) pregnancy, injury, or disease, if the minor child applies for such status, or if the termining if the alien meets the qualifying alien can establish such pregnancy, disabling principal alien includes the spouse or minor employment requirement of section 213(a). injury, or disease through medical records; child in an application for adjustment of sta- (E) TREATMENT OF ATTORNEY’S FEES.—Each (B) illness, disease, or other special needs tus to that of a lawful permanent resident. party to an arbitration under this paragraph of a minor child, if the alien can establish (2) TREATMENT OF SPOUSES AND MINOR CHIL- shall bear the cost of their own attorney’s such illness, disease, or special needs DREN.— fees for the arbitration. through medical records; or (A) GRANTING OF STATUS AND REMOVAL.— (F) NONEXCLUSIVE REMEDY.—The complaint (C) severe weather conditions that pre- The Secretary may grant derivative status process provided for in this paragraph is in vented the alien from engaging in agricul- to the alien spouse and any minor child re- addition to any other rights an employee tural employment for a significant period of siding in the United States of an alien grant- may have in accordance with applicable law. time. ed blue card status and shall not remove (G) EFFECT ON OTHER ACTIONS OR PRO- (4) APPLICATION PERIOD.—The alien applies such derivative spouse or child during the CEEDINGS.—Any finding of fact or law, judg- for adjustment of status not later than 7 period that the alien granted blue card sta- ment, conclusion, or final order made by an years after the date of the enactment of this tus maintains such status, except as pro- arbitrator in the proceeding before the Sec- Act. vided in paragraph (3). A grant of derivative retary shall not be conclusive or binding in (5) FINE.—The alien pays a fine of $400 to status to such a spouse or child under this any separate or subsequent action or pro- the Secretary. subparagraph shall not decrease the number ceeding between the employee and the em- (b) GROUNDS FOR DENIAL OF ADJUSTMENT OF of aliens who may receive blue card status ployee’s current or prior employer brought STATUS.—The Secretary may deny an alien under subsection (h) of section 211. before an arbitrator, administrative agency, granted blue card status an adjustment of (B) TRAVEL.—The derivative spouse and court, or judge of any State or the United status under this section and provide for ter- any minor child of an alien granted blue card States, regardless of whether the prior ac- mination of such blue card status if— status may travel outside the United States

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(C) EMPLOYMENT.—The derivative spouse of the alien’s burden of proof under subpara- (B) CRIMINAL CONVICTIONS.—Notwith- an alien granted blue card status may apply graph (A) may be met by securing timely standing any other provision of this sub- to the Secretary for a work permit to au- production of those records under regula- section, information concerning whether the thorize such spouse to engage in any lawful tions to be promulgated by the Secretary. alien applying for blue card status under sec- employment in the United States while such (C) SUFFICIENT EVIDENCE.—An alien may tion 211 or an adjustment of status under alien maintains blue card status. meet the burden of proof under subparagraph section 213 has been convicted of a crime at (3) GROUNDS FOR DENIAL OF ADJUSTMENT OF (A) to establish that the alien has performed any time may be used or released for immi- STATUS AND REMOVAL.—The Secretary may the days or hours of work required by section gration enforcement or law enforcement pur- deny an alien spouse or child adjustment of 211(a)(1) or 213(a)(1) by producing sufficient poses. status under paragraph (1) and may remove evidence to show the extent of that employ- (4) CRIME.—Any person who knowingly such spouse or child under section 240 of the ment as a matter of just and reasonable in- Immigration and Nationality Act (8 U.S.C. ference. uses, publishes, or permits information to be examined in violation of this subsection 1229a) if the spouse or child— (d) APPLICATIONS SUBMITTED TO QUALIFIED shall be subject to a fine in an amount not to (A) commits an act that makes the alien DESIGNATED ENTITIES.— spouse or child inadmissible to the United (1) REQUIREMENTS.—Each qualified des- exceed $10,000. States under section 212 of such Act (8 U.S.C. ignated entity shall agree— (g) PENALTIES FOR FALSE STATEMENTS IN 1182), except as provided under section 215(b); (A) to forward to the Secretary an applica- APPLICATIONS.— (B) is convicted of a felony or 3 or more tion submitted to that entity pursuant to (1) CRIMINAL PENALTY.—Any person who— misdemeanors committed in the United subsection (a)(1)(B) if the applicant has con- States; or (A) files an application for blue card status sented to such forwarding; under section 211 or an adjustment of status (C) is convicted of an offense, an element (B) not to forward to the Secretary any of which involves bodily injury, threat of se- under section 213 and knowingly and will- such application if the applicant has not con- fully falsifies, conceals, or covers up a mate- rious bodily injury, or harm to property in sented to such forwarding; and rial fact or makes any false, fictitious, or excess of $500. (C) to assist an alien in obtaining docu- fraudulent statements or representations, or SEC. 214. APPLICATIONS. mentation of the alien’s work history, if the makes or uses any false writing or document (a) SUBMISSION.—The Secretary shall pro- alien requests such assistance. vide that— knowing the same to contain any false, ficti- (2) NO AUTHORITY TO MAKE DETERMINA- (1) applications for blue card status under TIONS.—No qualified designated entity may tious, or fraudulent statement or entry; or section 211 may be submitted— make a determination required by this sub- (B) creates or supplies a false writing or (A) to the Secretary if the applicant is rep- title to be made by the Secretary. document for use in making such an applica- resented by an attorney or a nonprofit reli- (e) LIMITATION ON ACCESS TO INFORMA- tion, gious, charitable, social service, or similar TION.—Files and records collected or com- shall be fined in accordance with title 18, organization recognized by the Board of Im- piled by a qualified designated entity for the United States Code, imprisoned not more migration Appeals under section 292.2 of title purposes of this section are confidential and 8, Code of Federal Regulations; or than 5 years, or both. (B) to a qualified designated entity if the the Secretary shall not have access to such (2) INADMISSIBILITY.—An alien who is con- applicant consents to the forwarding of the a file or record relating to an alien without victed of a crime under paragraph (1) shall be application to the Secretary; and the consent of the alien, except as allowed by considered to be inadmissible to the United (2) applications for adjustment of status a court order issued pursuant to subsection States on the ground described in section under section 213 shall be filed directly with (f). 212(a)(6)(C)(i) of the Immigration and Nation- the Secretary. (f) CONFIDENTIALITY OF INFORMATION.— ality Act (8 U.S.C. 1182(a)(6)(C)(i)). (b) QUALIFIED DESIGNATED ENTITY DE- (1) IN GENERAL.—Except as otherwise pro- (h) ELIGIBILITY FOR LEGAL SERVICES.—Sec- FINED.—In this section, the term ‘‘qualified vided in this section, the Secretary or any tion 504(a)(11) of Public Law 104–134 (110 Stat. designated entity’’ means— other official or employee of the Department (1) a qualified farm labor organization or or a bureau or agency of the Department is 1321–53 et seq.) shall not be construed to pre- an association of employers designated by prohibited from— vent a recipient of funds under the Legal the Secretary; or (A) using information furnished by the ap- Services Corporation Act (42 U.S.C. 2996 et (2) any such other person designated by the plicant pursuant to an application filed seq.) from providing legal assistance directly Secretary if that Secretary determines such under this title, the information provided by related to an application for blue card status person is qualified and has substantial expe- an applicant to a qualified designated entity, under section 211 or an adjustment of status rience, demonstrated competence, and has a or any information provided by an employer under section 213. history of long-term involvement in the or former employer for any purpose other preparation and submission of applications than to make a determination on the appli- (i) APPLICATION FEES.— for adjustment of status under section 209, cation or for imposing the penalties de- (1) FEE SCHEDULE.—The Secretary shall 210, or 245 of the Immigration and Nation- scribed in subsection (g); provide for a schedule of fees that— ality Act (8 U.S.C. 1159, 1160, and 1255), the (B) making any publication in which the (A) shall be charged for the filing of an ap- Act entitled ‘‘An Act to adjust the status of information furnished by any particular in- plication for blue card status under section Cuban refugees to that of lawful permanent dividual can be identified; or 211 or for an adjustment of status under sec- residents of the United States, and for other (C) permitting a person other than a sworn tion 213; and purposes’’, approved November 2, 1966 (Public officer or employee of the Department or a (B) may be charged by qualified designated Law 89–732; 8 U.S.C. 1255 note), Public Law bureau or agency of the Department or, with entities to help defray the costs of services 95–145 (8 U.S.C. 1255 note), or the Immigra- respect to applications filed with a qualified provided to such applicants. tion Reform and Control Act of 1986 (Public designated entity, that qualified designated (2) PROHIBITION ON EXCESS FEES BY QUALI- Law 99–603; 100 Stat. 3359) or any amendment entity, to examine individual applications. FIED DESIGNATED ENTITIES.—A qualified des- made by that Act. (2) REQUIRED DISCLOSURES.—The Secretary ignated entity may not charge any fee in ex- (c) PROOF OF ELIGIBILITY.— shall provide the information furnished cess of, or in addition to, the fees authorized (1) IN GENERAL.—An alien may establish under this title or any other information de- under paragraph (1)(B) for services provided that the alien meets the requirement of sec- rived from such furnished information to— to applicants. tion 211(a)(1) or 213(a)(1) through government (A) a duly recognized law enforcement en- (3) DISPOSITION OF FEES.— employment records or records supplied by tity in connection with a criminal investiga- (A) IN GENERAL.—There is established in employers or collective bargaining organiza- tion or prosecution, if such information is the general fund of the Treasury a separate tions, and other reliable documentation as requested in writing by such entity; or account, which shall be known as the ‘‘Agri- the alien may provide. The Secretary shall (B) an official coroner, for purposes of af- cultural Worker Immigration Status Adjust- establish special procedures to properly cred- firmatively identifying a deceased indi- it work in cases in which an alien was em- vidual, whether or not the death of such in- ment Account’’. Notwithstanding any other ployed under an assumed name. dividual resulted from a crime. provision of law, there shall be deposited as (2) DOCUMENTATION OF WORK HISTORY.— (3) CONSTRUCTION.— offsetting receipts into the account all fees (A) BURDEN OF PROOF.—An alien applying (A) IN GENERAL.—Nothing in this sub- collected under paragraph (1)(A). for status under section 211(a) or 213(a) has section shall be construed to limit the use, (B) USE OF FEES FOR APPLICATION PROC- the burden of proving by a preponderance of or release, for immigration enforcement pur- ESSING.—Amounts deposited in the ‘‘Agricul- the evidence that the alien has worked the poses or law enforcement purposes, of infor- tural Worker Immigration Status Adjust- requisite number of hours or days required mation contained in files or records of the ment Account’’ shall remain available to the under section 211(a)(1) or 213(a)(1), as applica- Department pertaining to an application Secretary until expended for processing ap- ble. filed under this section, other than informa- plications for blue card status under section (B) TIMELY PRODUCTION OF RECORDS.—If an tion furnished by an applicant pursuant to 211 or an adjustment of status under section employer or farm labor contractor employ- the application, or any other information de- 213.

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SEC. 215. WAIVER OF NUMERICAL LIMITATIONS SEC. 216. ADMINISTRATIVE AND JUDICIAL RE- (b) EFFECTIVE DATE.—The amendments AND CERTAIN GROUNDS FOR INAD- VIEW. made by subsection (a) shall take effect on MISSIBILITY. (a) IN GENERAL.—There shall be no admin- the first day of the seventh month that be- istrative or judicial review of a determina- (a) NUMERICAL LIMITATIONS DO NOT gins after the date of the enactment of this tion respecting an application for blue card APPLY.—The numerical limitations of sec- Act. status under section 211 or adjustment of tions 201 and 202 of the Immigration and Na- status under section 213 except in accordance Subtitle B—Reform of H–2A Worker Program tionality Act (8 U.S.C. 1151 and 1152) shall with this section. SEC. 231. AMENDMENT TO THE IMMIGRATION not apply to the adjustment of aliens to law- (b) ADMINISTRATIVE REVIEW.— AND NATIONALITY ACT. ful permanent resident status under section (1) SINGLE LEVEL OF ADMINISTRATIVE APPEL- (a) IN GENERAL.—Title II of the Immigra- 213. LATE REVIEW.—The Secretary shall establish tion and Nationality Act (8 U.S.C. 1151 et (b) WAIVER OF CERTAIN GROUNDS OF INAD- an appellate authority to provide for a single seq.) is amended by striking section 218 and MISSIBILITY.—In the determination of an level of administrative appellate review of inserting the following: such a determination. alien’s eligibility for status under section ‘‘SEC. 218. H–2A EMPLOYER APPLICATIONS. 211(a) or an alien’s eligibility for adjustment (2) STANDARD FOR REVIEW.—Such adminis- ‘‘(a) APPLICATIONS TO THE SECRETARY OF of status under section 213(b)(2)(A) the fol- trative appellate review shall be based solely LABOR.— upon the administrative record established lowing rules shall apply: ‘‘(1) IN GENERAL.—No alien may be admit- at the time of the determination on the ap- (1) GROUNDS OF EXCLUSION NOT APPLICA- ted to the United States as an H–2A worker, plication and upon such additional or newly BLE.—The provisions of paragraphs (5), or otherwise provided status as an H–2A discovered evidence as may not have been (6)(A), (7), and (9) of section 212(a) of the Im- worker, unless the employer has filed with migration and Nationality Act (8 U.S.C. available at the time of the determination. (c) JUDICIAL REVIEW.— the Secretary of Labor an application con- 1182(a)) shall not apply. taining— (2) WAIVER OF OTHER GROUNDS.— (1) LIMITATION TO REVIEW OF REMOVAL.— There shall be judicial review of such a de- ‘‘(A) the assurances described in subsection (A) IN GENERAL.—Except as provided in (b); subparagraph (B), the Secretary may waive termination only in the judicial review of an order of removal under section 242 of the Im- ‘‘(B) a description of the nature and loca- any other provision of such section 212(a) in tion of the work to be performed; the case of individual aliens for humani- migration and Nationality Act (8 U.S.C. 1252). ‘‘(C) the anticipated period (expected be- tarian purposes, to ensure family unity, or if ginning and ending dates) for which the otherwise in the public interest. (2) STANDARD FOR JUDICIAL REVIEW.—Such judicial review shall be based solely upon the workers will be needed; and (B) GROUNDS THAT MAY NOT BE WAIVED.— ‘‘(D) the number of job opportunities in Paragraphs (2)(A), (2)(B), (2)(C), (3), and (4) of administrative record established at the time of the review by the appellate authority which the employer seeks to employ the such section 212(a) may not be waived by the workers. Secretary under subparagraph (A). and the findings of fact and determinations contained in such record shall be conclusive ‘‘(2) ACCOMPANIED BY JOB OFFER.—Each ap- (C) CONSTRUCTION.—Nothing in this para- plication filed under paragraph (1) shall be graph shall be construed as affecting the au- unless the applicant can establish abuse of discretion or that the findings are directly accompanied by a copy of the job offer de- thority of the Secretary other than under scribing the wages and other terms and con- this subparagraph to waive provisions of contrary to clear and convincing facts con- tained in the record considered as a whole. ditions of employment and the bona fide oc- such section 212(a). cupational qualifications that shall be pos- (3) SPECIAL RULE FOR DETERMINATION OF SEC. 217. USE OF INFORMATION. Beginning not later than the first day of sessed by a worker to be employed in the job PUBLIC CHARGE.—An alien is not ineligible for opportunity in question. blue card status under section 211 or an ad- the application period described in section ‘‘(b) ASSURANCES FOR INCLUSION IN APPLI- justment of status under section 213 by rea- 211(a)(2), the Secretary, in cooperation with qualified designated entities (as that term is CATIONS.—The assurances referred to in sub- son of a ground of inadmissibility under sec- section (a)(1) are the following: tion 212(a)(4) of the Immigration and Nation- defined in section 214(b)), shall broadly dis- ‘‘(1) JOB OPPORTUNITIES COVERED BY COLLEC- ality Act (8 U.S.C. 1182(a)(4)) if the alien seminate information respecting the benefits TIVE BARGAINING AGREEMENTS.—With respect demonstrates a history of employment in the that aliens may receive under this subtitle and the requirements that an alien is re- to a job opportunity that is covered under a United States evidencing self-support with- collective bargaining agreement: out reliance on public cash assistance. quired to meet to receive such benefits. SEC. 218. REGULATIONS, EFFECTIVE DATE, AU- ‘‘(A) UNION CONTRACT DESCRIBED.—The job (c) TEMPORARY STAY OF REMOVAL AND THORIZATION OF APPROPRIATIONS. opportunity is covered by a union contract WORK AUTHORIZATION FOR CERTAIN APPLI- (a) REGULATIONS.—The Secretary shall which was negotiated at arm’s length be- CANTS.— issue regulations to implement this subtitle tween a bona fide union and the employer. (1) BEFORE APPLICATION PERIOD.—Effective not later than the first day of the seventh ‘‘(B) STRIKE OR LOCKOUT.—The specific job on the date of enactment of this Act, the month that begins after the date of enact- opportunity for which the employer is re- Secretary shall provide that, in the case of ment of this Act. questing an H–2A worker is not vacant be- an alien who is apprehended before the be- (b) EFFECTIVE DATE.—This subtitle shall cause the former occupant is on strike or ginning of the application period described take effect on the date that regulations re- being locked out in the course of a labor dis- in section 211(a)(2) and who can establish a quired by subsection (a) are issued, regard- pute. nonfrivolous case of eligibility for blue card less of whether such regulations are issued ‘‘(C) NOTIFICATION OF BARGAINING REP- status (but for the fact that the alien may on an interim basis or on any other basis. RESENTATIVES.—The employer, at the time of not apply for such status until the beginning (c) AUTHORIZATION OF APPROPRIATIONS.— filing the application, has provided notice of of such period), until the alien has had the There are authorized to be appropriated to the filing under this paragraph to the bar- opportunity during the first 30 days of the the Secretary such sums as may be nec- gaining representative of the employer’s em- application period to complete the filing of essary to implement this subtitle, including ployees in the occupational classification at an application for blue card status, the any sums needed for costs associated with the place or places of employment for which alien— the initiation of such implementation, for aliens are sought. (A) may not be removed; and fiscal years 2007 and 2008. ‘‘(D) TEMPORARY OR SEASONAL JOB OPPOR- (B) shall be granted authorization to en- PART II—CORRECTION OF SOCIAL TUNITIES.—The job opportunity is temporary gage in employment in the United States SECURITY RECORDS or seasonal. and be provided an employment authorized SEC. 221. CORRECTION OF SOCIAL SECURITY ‘‘(E) OFFERS TO UNITED STATES WORKERS.— endorsement or other appropriate work per- RECORDS. The employer has offered or will offer the job mit for such purpose. (a) IN GENERAL.—Section 208(e)(1) of the to any eligible United States worker who ap- (2) DURING APPLICATION PERIOD.—The Sec- Social Security Act (42 U.S.C. 408(e)(1)) is plies and is equally or better qualified for retary shall provide that, in the case of an amended— the job for which the nonimmigrant is, or alien who presents a nonfrivolous applica- (1) in subparagraph (B)(ii), by striking ‘‘or’’ the nonimmigrants are, sought and who will tion for blue card status during the applica- at the end; be available at the time and place of need. tion period described in section 211(a)(2), in- (2) in subparagraph (C), by inserting ‘‘or’’ ‘‘(F) PROVISION OF INSURANCE.—If the job cluding an alien who files such an applica- at the end; opportunity is not covered by the State tion within 30 days of the alien’s apprehen- (3) by inserting after subparagraph (C) the workers’ compensation law, the employer sion, and until a final determination on the following: will provide, at no cost to the worker, insur- application has been made in accordance ‘‘(D) who is granted blue card status under ance covering injury and disease arising out with this section, the alien— the Agricultural Job Opportunity, Benefits, of, and in the course of, the worker’s employ- (A) may not be removed; and and Security Act of 2007,’’; and ment which will provide benefits at least (B) shall be granted authorization to en- (4) by striking ‘‘1990.’’ and inserting ‘‘1990, equal to those provided under the State’s gage in employment in the United States or in the case of an alien described in sub- workers’ compensation law for comparable and be provided an employment authorized paragraph (D), if such conduct is alleged to employment. endorsement or other appropriate work per- have occurred before the date on which the ‘‘(2) JOB OPPORTUNITIES NOT COVERED BY mit for such purpose. alien was granted blue card status.’’. COLLECTIVE BARGAINING AGREEMENTS.—With

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respect to a job opportunity that is not cov- ployment known to such previous workers, ‘‘(iv) STATUTORY CONSTRUCTION.—Nothing ered under a collective bargaining agree- unless the worker was terminated from em- in this subparagraph shall be construed to ment: ployment by the employer for a lawful job- prohibit an employer from using such legiti- ‘‘(A) STRIKE OR LOCKOUT.—The specific job related reason or abandoned the job before mate selection criteria relevant to the type opportunity for which the employer has ap- the worker completed the period of employ- of job that are normal or customary to the plied for an H–2A worker is not vacant be- ment of the job opportunity for which the type of job involved so long as such criteria cause the former occupant is on strike or worker was hired. are not applied in a discriminatory manner. being locked out in the course of a labor dis- ‘‘(II) FILING A JOB OFFER WITH THE LOCAL ‘‘(c) APPLICATIONS BY ASSOCIATIONS ON BE- pute. OFFICE OF THE STATE EMPLOYMENT SECURITY HALF OF EMPLOYER MEMBERS.— ‘‘(B) TEMPORARY OR SEASONAL JOB OPPORTU- AGENCY.—Not later than 28 days before the ‘‘(1) IN GENERAL.—An agricultural associa- NITIES.—The job opportunity is temporary or date on which the employer desires to em- tion may file an application under sub- seasonal. ploy an H–2A worker in a temporary or sea- section (a) on behalf of 1 or more of its em- ‘‘(C) BENEFIT, WAGE, AND WORKING CONDI- sonal agricultural job opportunity, the em- ployer members that the association cer- TIONS.—The employer will provide, at a min- ployer shall submit a copy of the job offer tifies in its application has or have agreed in imum, the benefits, wages, and working con- described in subsection (a)(2) to the local of- writing to comply with the requirements of ditions required by section 218A to all work- fice of the State employment security agen- this section and sections 218A, 218B, and ers employed in the job opportunities for cy which serves the area of intended employ- 218C. which the employer has applied for an H–2A ment and authorize the posting of the job op- ‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS worker under subsection (a) and to all other portunity on ‘America’s Job Bank’ or other EMPLOYERS.—If an association filing an ap- workers in the same occupation at the place electronic job registry, except that nothing plication under paragraph (1) is a joint or of employment. in this subclause shall require the employer sole employer of the temporary or seasonal ‘‘(D) NONDISPLACEMENT OF UNITED STATES to file an interstate job order under section agricultural workers requested on the appli- WORKERS.—The employer did not displace 653 of title 20, Code of Federal Regulations. cation, the certifications granted under sub- and will not displace a United States worker ‘‘(III) ADVERTISING OF JOB OPPORTUNITIES.— section (e)(2)(B) to the association may be employed by the employer during the period Not later than 14 days before the date on used for the certified job opportunities of of employment and for a period of 30 days any of its producer members named on the preceding the period of employment in the which the employer desires to employ an H– 2A worker in a temporary or seasonal agri- application, and such workers may be trans- occupation at the place of employment for ferred among such producer members to per- which the employer has applied for an H–2A cultural job opportunity, the employer shall form the agricultural services of a tem- worker. advertise the availability of the job opportu- nities for which the employer is seeking porary or seasonal nature for which the cer- ‘‘(E) REQUIREMENTS FOR PLACEMENT OF THE tifications were granted. NONIMMIGRANT WITH OTHER EMPLOYERS.—The workers in a publication in the local labor employer will not place the nonimmigrant market that is likely to be patronized by po- ‘‘(d) WITHDRAWAL OF APPLICATIONS.— with another employer unless— tential farm workers. ‘‘(1) IN GENERAL.—An employer may with- ‘‘(i) the nonimmigrant performs duties in ‘‘(IV) EMERGENCY PROCEDURES.—The Sec- draw an application filed pursuant to sub- whole or in part at 1 or more worksites retary of Labor shall, by regulation, provide section (a), except that if the employer is an owned, operated, or controlled by such other a procedure for acceptance and approval of agricultural association, the association employer; applications in which the employer has not may withdraw an application filed pursuant ‘‘(ii) there are indicia of an employment complied with the provisions of this subpara- to subsection (a) with respect to 1 or more of relationship between the nonimmigrant and graph because the employer’s need for H–2A its members. To withdraw an application, such other employer; and workers could not reasonably have been fore- the employer or association shall notify the ‘‘(iii) the employer has inquired of the seen. Secretary of Labor in writing, and the Sec- other employer as to whether, and has no ac- ‘‘(ii) JOB OFFERS.—The employer has of- retary of Labor shall acknowledge in writing tual knowledge or notice that, during the pe- fered or will offer the job to any eligible the receipt of such withdrawal notice. An riod of employment and for a period of 30 United States worker who applies and is employer who withdraws an application days preceding the period of employment, equally or better qualified for the job for under subsection (a), or on whose behalf an the other employer has displaced or intends which the nonimmigrant is, or non- application is withdrawn, is relieved of the to displace a United States worker employed immigrants are, sought and who will be obligations undertaken in the application. by the other employer in the occupation at available at the time and place of need. ‘‘(2) LIMITATION.—An application may not the place of employment for which the em- ‘‘(iii) PERIOD OF EMPLOYMENT.—The em- be withdrawn while any alien provided sta- ployer seeks approval to employ H–2A work- ployer will provide employment to any tus under section 101(a)(15)(H)(ii)(a) pursuant ers. qualified United States worker who applies to such application is employed by the em- ‘‘(F) STATEMENT OF LIABILITY.—The appli- to the employer during the period beginning ployer. cation form shall include a clear statement on the date on which the H–2A worker de- ‘‘(3) OBLIGATIONS UNDER OTHER STATUTES.— explaining the liability under subparagraph parts for the employer’s place of employ- Any obligation incurred by an employer (E) of an employer if the other employer de- ment and ending on the date on which 50 per- under any other law or regulation as a result scribed in such subparagraph displaces a cent of the period of employment for which of the recruitment of United States workers United States worker as described in such the H–2A worker who is in the job was hired or H–2A workers under an offer of terms and subparagraph. has elapsed, subject to the following require- conditions of employment required as a re- ‘‘(G) PROVISION OF INSURANCE.—If the job ments: sult of making an application under sub- opportunity is not covered by the State ‘‘(I) PROHIBITION.—No person or entity section (a) is unaffected by withdrawal of workers’ compensation law, the employer shall willfully and knowingly withhold such application. will provide, at no cost to the worker, insur- United States workers before the arrival of ‘‘(e) REVIEW AND APPROVAL OF APPLICA- ance covering injury and disease arising out H–2A workers in order to force the hiring of TIONS.— of and in the course of the worker’s employ- United States workers under this clause. ‘‘(1) RESPONSIBILITY OF EMPLOYERS.—The ment which will provide benefits at least ‘‘(II) COMPLAINTS.—Upon receipt of a com- employer shall make available for public ex- equal to those provided under the State’s plaint by an employer that a violation of amination, within 1 working day after the workers’ compensation law for comparable subclause (I) has occurred, the Secretary of date on which an application under sub- employment. Labor shall immediately investigate. The section (a) is filed, at the employer’s prin- ‘‘(H) EMPLOYMENT OF UNITED STATES WORK- Secretary of Labor shall, within 36 hours of cipal place of business or worksite, a copy of ERS.— the receipt of the complaint, issue findings each such application (and such accom- ‘‘(i) RECRUITMENT.—The employer has concerning the alleged violation. If the Sec- panying documents as are necessary). taken or will take the following steps to re- retary of Labor finds that a violation has oc- ‘‘(2) RESPONSIBILITY OF THE SECRETARY OF cruit United States workers for the job op- curred, the Secretary of Labor shall imme- LABOR.— portunities for which the H–2A non- diately suspend the application of this clause ‘‘(A) COMPILATION OF LIST.—The Secretary immigrant is, or H–2A nonimmigrants are, with respect to that certification for that of Labor shall compile, on a current basis, a sought: date of need. list (by employer and by occupational classi- ‘‘(I) CONTACTING FORMER WORKERS.—The ‘‘(III) PLACEMENT OF UNITED STATES WORK- fication) of the applications filed under sub- employer shall make reasonable efforts ERS.—Before referring a United States work- section (a). Such list shall include the wage through the sending of a letter by United er to an employer during the period de- rate, number of workers sought, period of in- States Postal Service mail, or otherwise, to scribed in the matter preceding subclause (I), tended employment, and date of need. The contact any United States worker the em- the Secretary of Labor shall make all rea- Secretary of Labor shall make such list ployer employed during the previous season sonable efforts to place the United States available for examination in the District of in the occupation at the place of intended worker in an open job acceptable to the Columbia. employment for which the employer is ap- worker, if there are other job offers pending ‘‘(B) REVIEW OF APPLICATIONS.—The Sec- plying for workers and has made the avail- with the job service that offer similar job op- retary of Labor shall review such an applica- ability of the employer’s job opportunities in portunities in the area of intended employ- tion only for completeness and obvious inac- the occupation at the place of intended em- ment. curacies. Unless the Secretary of Labor finds

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S981 that the application is incomplete or obvi- levied upon workers by employers who pro- subsequent employer who has not agreed to ously inaccurate, the Secretary of Labor vide housing for their workers. An employer provide or pay for the worker’s transpor- shall certify that the intending employer has may require a worker found to have been re- tation and subsistence to such subsequent filed with the Secretary of Labor an applica- sponsible for damage to such housing which employer’s place of employment. tion as described in subsection (a). Such cer- is not the result of normal wear and tear re- ‘‘(C) LIMITATION.— tification shall be provided within 7 days of lated to habitation to reimburse the em- ‘‘(i) AMOUNT OF REIMBURSEMENT.—Except the filing of the application.’’ ployer for the reasonable cost of repair of as provided in clause (ii), the amount of re- ‘‘SEC. 218A. H–2A EMPLOYMENT REQUIREMENTS. such damage. imbursement provided under subparagraph ‘‘(a) PREFERENTIAL TREATMENT OF ALIENS ‘‘(G) HOUSING ALLOWANCE AS ALTER- (A) or (B) to a worker or alien shall not ex- NATIVE PROHIBITED.—Employers seeking to hire .— ceed the lesser of— United States workers shall offer the United ‘‘(i) IN GENERAL.—If the requirement set ‘‘(I) the actual cost to the worker or alien States workers no less than the same bene- out in clause (ii) is satisfied, the employer of the transportation and subsistence in- fits, wages, and working conditions that the may provide a reasonable housing allowance volved; or employer is offering, intends to offer, or will instead of offering housing under subpara- ‘‘(II) the most economical and reasonable provide to H–2A workers. Conversely, no job graph (A). Upon the request of a worker common carrier transportation charges and seeking assistance in locating housing, the offer may impose on United States workers subsistence costs for the distance involved. employer shall make a good faith effort to ‘‘(ii) DISTANCE TRAVELED.—No reimburse- any restrictions or obligations which will assist the worker in identifying and locating ment under subparagraph (A) or (B) shall be not be imposed on the employer’s H–2A housing in the area of intended employment. required if the distance traveled is 100 miles workers. An employer who offers a housing allowance or less, or the worker is not residing in em- ‘‘(b) MINIMUM BENEFITS, WAGES, AND WORK- to a worker, or assists a worker in locating ployer-provided housing or housing secured ING CONDITIONS.—Except in cases where high- housing which the worker occupies, pursuant through an allowance as provided in para- er benefits, wages, or working conditions are to this clause shall not be deemed a housing graph (1)(G). required by the provisions of subsection (a), provider under section 203 of the Migrant and ‘‘(D) EARLY TERMINATION.—If the worker is in order to protect similarly employed Seasonal Agricultural Worker Protection laid off or employment is terminated for United States workers from adverse effects Act (29 U.S.C. 1823) solely by virtue of pro- contract impossibility (as described in para- with respect to benefits, wages, and working viding such housing allowance. No housing graph (4)(D)) before the anticipated ending conditions, every job offer which shall ac- allowance may be used for housing which is date of employment, the employer shall pro- company an application under section owned or controlled by the employer. vide the transportation and subsistence re- 218(b)(2) shall include each of the following ‘‘(ii) CERTIFICATION.—The requirement of quired by subparagraph (B) and, notwith- benefit, wage, and working condition provi- this clause is satisfied if the Governor of the standing whether the worker has completed sions: State certifies to the Secretary of Labor 50 percent of the period of employment, shall ‘‘(1) REQUIREMENT TO PROVIDE HOUSING OR A that there is adequate housing available in provide the transportation reimbursement HOUSING ALLOWANCE.— the area of intended employment for mi- required by subparagraph (A). ‘‘(A) IN GENERAL.—An employer applying grant farm workers and H–2A workers who ‘‘(E) TRANSPORTATION BETWEEN LIVING under section 218(a) for H–2A workers shall are seeking temporary housing while em- QUARTERS AND WORKSITE.—The employer offer to provide housing at no cost to all ployed in agricultural work. Such certifi- shall provide transportation between the workers in job opportunities for which the cation shall expire after 3 years unless re- worker’s living quarters and the employer’s employer has applied under that section and newed by the Governor of the State. worksite without cost to the worker, and to all other workers in the same occupation ‘‘(iii) AMOUNT OF ALLOWANCE.— such transportation will be in accordance at the place of employment, whose place of ‘‘(I) NONMETROPOLITAN COUNTIES.—If the with applicable laws and regulations. residence is beyond normal commuting dis- place of employment of the workers provided ‘‘(3) REQUIRED WAGES.— tance. an allowance under this subparagraph is a ‘‘(A) IN GENERAL.—An employer applying ‘‘(B) TYPE OF HOUSING.—In complying with nonmetropolitan county, the amount of the for workers under section 218(a) shall offer to subparagraph (A), an employer may, at the housing allowance under this subparagraph pay, and shall pay, all workers in the occu- employer’s election, provide housing that shall be equal to the statewide average fair pation for which the employer has applied meets applicable Federal standards for tem- market rental for existing housing for non- for workers, not less (and is not required to porary labor camps or secure housing that metropolitan counties for the State, as es- pay more) than the greater of the prevailing meets applicable local standards for rental tablished by the Secretary of Housing and wage in the occupation in the area of in- or public accommodation housing or other Urban Development pursuant to section 8(c) tended employment or the adverse effect substantially similar class of habitation, or of the United States Housing Act of 1937 (42 wage rate. No worker shall be paid less than in the absence of applicable local standards, U.S.C. 1437f(c)), based on a 2-bedroom dwell- the greater of the hourly wage prescribed State standards for rental or public accom- ing unit and an assumption of 2 persons per under section 6(a)(1) of the Fair Labor Stand- modation housing or other substantially bedroom. ards Act of 1938 (29 U.S.C. 206(a)(1)) or the ap- similar class of habitation. In the absence of ‘‘(II) METROPOLITAN COUNTIES.—If the place plicable State minimum wage. applicable local or State standards, Federal of employment of the workers provided an ‘‘(B) LIMITATION.—Effective on the date of temporary labor camp standards shall apply. allowance under this paragraph is in a met- the enactment of the Agricultural Job Op- ‘‘(C) FAMILY HOUSING.—If it is the pre- ropolitan county, the amount of the housing portunities, Benefits, and Security Act of vailing practice in the occupation and area allowance under this subparagraph shall be 2007 and continuing for 3 years thereafter, no of intended employment to provide family equal to the statewide average fair market adverse effect wage rate for a State may be housing, family housing shall be provided to rental for existing housing for metropolitan more than the adverse effect wage rate for workers with families who request it. counties for the State, as established by the that State in effect on January 1, 2003, as es- ‘‘(D) WORKERS ENGAGED IN THE RANGE PRO- Secretary of Housing and Urban Develop- tablished by section 655.107 of title 20, Code DUCTION OF LIVESTOCK.—The Secretary of ment pursuant to section 8(c) of the United of Federal Regulations. Labor shall issue regulations that address States Housing Act of 1937 (42 U.S.C. ‘‘(C) REQUIRED WAGES AFTER 3-YEAR the specific requirements for the provision of 1437f(c)), based on a 2-bedroom dwelling unit FREEZE.— housing to workers engaged in the range pro- and an assumption of 2 persons per bedroom. ‘‘(i) FIRST ADJUSTMENT.—If Congress does duction of livestock. ‘‘(2) REIMBURSEMENT OF TRANSPORTATION.— not set a new wage standard applicable to ‘‘(E) LIMITATION.—Nothing in this para- ‘‘(A) TO PLACE OF EMPLOYMENT.—A worker this section before the first March 1 that is graph shall be construed to require an em- who completes 50 percent of the period of not less than 3 years after the date of enact- ployer to provide or secure housing for per- employment of the job opportunity for which ment of this section, the adverse effect wage sons who were not entitled to such housing the worker was hired shall be reimbursed by rate for each State beginning on such March under the temporary labor certification reg- the employer for the cost of the worker’s 1 shall be the wage rate that would have re- ulations in effect on June 1, 1986. transportation and subsistence from the sulted if the adverse effect wage rate in ef- ‘‘(F) CHARGES FOR HOUSING.— place from which the worker came to work fect on January 1, 2003, had been annually ‘‘(i) CHARGES FOR PUBLIC HOUSING.—If pub- for the employer (or place of last employ- adjusted, beginning on March 1, 2006, by the lic housing provided for migrant agricultural ment, if the worker traveled from such lesser of— workers under the auspices of a local, coun- place) to the place of employment. ‘‘(I) the 12-month percentage change in the ty, or State government is secured by an em- ‘‘(B) FROM PLACE OF EMPLOYMENT.—A Consumer Price Index for All Urban Con- ployer, and use of the public housing unit worker who completes the period of employ- sumers between December of the second pre- normally requires charges from migrant ment for the job opportunity involved shall ceding year and December of the preceding workers, such charges shall be paid by the be reimbursed by the employer for the cost year; and employer directly to the appropriate indi- of the worker’s transportation and subsist- ‘‘(II) 4 percent. vidual or entity affiliated with the housing’s ence from the place of employment to the ‘‘(ii) SUBSEQUENT ANNUAL ADJUSTMENTS.— management. place from which the worker, disregarding Beginning on the first March 1 that is not ‘‘(ii) DEPOSIT CHARGES.—Charges in the intervening employment, came to work for less than 4 years after the date of enactment form of deposits for bedding or other similar the employer, or to the place of next employ- of this section, and each March 1 thereafter, incidentals related to housing shall not be ment, if the worker has contracted with a the adverse effect wage rate then in effect

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In ‘‘(I) the 12-month percentage change in the ment of Labor, each appointed by the Sec- the event of such termination, the employer Consumer Price Index for All Urban Con- retary of Labor. shall fulfill the employment guarantee in sumers between December of the second pre- ‘‘(iii) FUNCTIONS.—The Commission shall subparagraph (A) for the work days that ceding year and December of the preceding conduct a study that shall address— have elapsed from the first work day after year; and ‘‘(I) whether the employment of H–2A or the arrival of the worker to the termination ‘‘(II) 4 percent. unauthorized aliens in the United States ag- of employment. In such cases, the employer ‘‘(D) DEDUCTIONS.—The employer shall ricultural workforce has depressed United will make efforts to transfer the United make only those deductions from the work- States farm worker wages below the levels States worker to other comparable employ- er’s wages that are authorized by law or are that would otherwise have prevailed if alien ment acceptable to the worker. If such trans- reasonable and customary in the occupation farm workers had not been employed in the fer is not effected, the employer shall pro- and area of employment. The job offer shall United States; vide the return transportation required in specify all deductions not required by law ‘‘(II) whether an adverse effect wage rate is paragraph (2)(D). which the employer will make from the necessary to prevent wages of United States ‘‘(5) MOTOR VEHICLE SAFETY.— worker’s wages. farm workers in occupations in which H–2A ‘‘(A) MODE OF TRANSPORTATION SUBJECT TO workers are employed from falling below the COVERAGE.— ‘‘(E) FREQUENCY OF PAY.—The employer shall pay the worker not less frequently than wage levels that would have prevailed in the ‘‘(i) IN GENERAL.—Except as provided in absence of the employment of H–2A workers clauses (iii) and (iv), this subsection applies twice monthly, or in accordance with the in those occupations; to any H–2A employer that uses or causes to prevailing practice in the area of employ- ‘‘(III) whether alternative wage standards, be used any vehicle to transport an H–2A ment, whichever is more frequent. such as a prevailing wage standard, would be worker within the United States. ‘‘(F) HOURS AND EARNINGS STATEMENTS.— sufficient to prevent wages in occupations in ‘‘(ii) DEFINED TERM.—In this paragraph, the The employer shall furnish to the worker, on which H–2A workers are employed from fall- term ‘uses or causes to be used’— or before each payday, in 1 or more written ing below the wage level that would have ‘‘(I) applies only to transportation pro- statements— prevailed in the absence of H–2A employ- vided by an H–2A employer to an H–2A work- ‘‘(i) the worker’s total earnings for the pay ment; er, or by a farm labor contractor to an H–2A period; ‘‘(IV) whether any changes are warranted worker at the request or direction of an H–2A ‘‘(ii) the worker’s hourly rate of pay, piece in the current methodologies for calculating employer; and rate of pay, or both; the adverse effect wage rate and the pre- ‘‘(II) does not apply to— ‘‘(iii) the hours of employment which have vailing wage rate; and ‘‘(aa) transportation provided, or transpor- been offered to the worker (broken out by ‘‘(V) recommendations for future wage pro- tation arrangements made, by an H–2A hours offered in accordance with and over tection under this section. worker, unless the employer specifically re- 3 and above the ⁄4 guarantee described in para- ‘‘(iv) FINAL REPORT.—Not later than De- quested or arranged such transportation; or graph (4); cember 31, 2009, the Commission shall submit ‘‘(bb) car pooling arrangements made by H– ‘‘(iv) the hours actually worked by the a report to the Congress setting forth the 2A workers themselves, using 1 of the work- worker; findings of the study conducted under clause ers’ own vehicles, unless specifically re- ‘‘(v) an itemization of the deductions made (iii). quested by the employer directly or through from the worker’s wages; and ‘‘(v) TERMINATION DATE.—The Commission a farm labor contractor. ‘‘(vi) if piece rates of pay are used, the shall terminate upon submitting its final re- ‘‘(iii) CLARIFICATION.—Providing a job offer units produced daily. port. to an H–2A worker that causes the worker to ‘‘(G) REPORT ON WAGE PROTECTIONS.—Not ‘‘(4) GUARANTEE OF EMPLOYMENT.— travel to or from the place of employment, later than December 31, 2009, the Comp- ‘‘(A) OFFER TO WORKER.—The employer or the payment or reimbursement of the troller General of the United States shall shall guarantee to offer the worker employ- transportation costs of an H–2A worker by prepare and transmit to the Secretary of ment for the hourly equivalent of at least 3⁄4 an H–2A employer, shall not constitute an Labor, the Committee on the Judiciary of of the work days of the total period of em- arrangement of, or participation in, such the Senate, and Committee on the Judiciary ployment, beginning with the first work day transportation. of the House of Representatives, a report after the arrival of the worker at the place of ‘‘(iv) AGRICULTURAL MACHINERY AND EQUIP- that addresses— employment and ending on the expiration MENT EXCLUDED.—This subsection does not ‘‘(i) whether the employment of H–2A or date specified in the job offer. For purposes apply to the transportation of an H–2A work- unauthorized aliens in the United States ag- of this subparagraph, the hourly equivalent er on a tractor, combine, harvester, picker, ricultural workforce has depressed United means the number of hours in the work days or other similar machinery or equipment States farm worker wages below the levels as stated in the job offer and shall exclude while such worker is actually engaged in the that would otherwise have prevailed if alien the worker’s Sabbath and Federal holidays. planting, cultivating, or harvesting of agri- farm workers had not been employed in the If the employer affords the United States or cultural commodities or the care of live- United States; H–2A worker less employment than that re- stock or poultry or engaged in transpor- ‘‘(ii) whether an adverse effect wage rate is quired under this paragraph, the employer tation incidental thereto. necessary to prevent wages of United States shall pay such worker the amount which the ‘‘(v) COMMON CARRIERS EXCLUDED.—This farm workers in occupations in which H–2A worker would have earned had the worker, in subsection does not apply to common carrier workers are employed from falling below the fact, worked for the guaranteed number of motor vehicle transportation in which the wage levels that would have prevailed in the hours. provider holds itself out to the general pub- absence of the employment of H–2A workers ‘‘(B) FAILURE TO WORK.—Any hours which lic as engaging in the transportation of pas- in those occupations; the worker fails to work, up to a maximum sengers for hire and holds a valid certifi- ‘‘(iii) whether alternative wage standards, of the number of hours specified in the job cation of authorization for such purposes such as a prevailing wage standard, would be offer for a work day, when the worker has from an appropriate Federal, State, or local sufficient to prevent wages in occupations in been offered an opportunity to do so, and all agency. which H–2A workers are employed from fall- hours of work actually performed (including ‘‘(B) APPLICABILITY OF STANDARDS, LICENS- ing below the wage level that would have voluntary work in excess of the number of ING, AND INSURANCE REQUIREMENTS.— prevailed in the absence of H–2A employ- hours specified in the job offer in a work day, ‘‘(i) IN GENERAL.—When using, or causing ment; on the worker’s Sabbath, or on Federal holi- to be used, any vehicle for the purpose of ‘‘(iv) whether any changes are warranted days) may be counted by the employer in providing transportation to which this sub- in the current methodologies for calculating calculating whether the period of guaranteed paragraph applies, each employer shall— the adverse effect wage rate and the pre- employment has been met. ‘‘(I) ensure that each such vehicle con- vailing wage; and ‘‘(C) ABANDONMENT OF EMPLOYMENT, TERMI- forms to the standards prescribed by the Sec- ‘‘(v) recommendations for future wage pro- NATION FOR CAUSE.—If the worker voluntarily retary of Labor under section 401(b) of the tection under this section. abandons employment before the end of the Migrant and Seasonal Agricultural Worker ‘‘(H) COMMISSION ON WAGE STANDARDS.— contract period, or is terminated for cause, Protection Act (29 U.S.C. 1841(b)) and other ‘‘(i) ESTABLISHMENT.—There is established the worker is not entitled to the ‘3⁄4 guar- applicable Federal and State safety stand- the Commission on Agricultural Wage antee’ described in subparagraph (A). ards; Standards under the H–2A program (in this ‘‘(D) CONTRACT IMPOSSIBILITY.—If, before ‘‘(II) ensure that each driver has a valid subparagraph referred to as the ‘Commis- the expiration of the period of employment and appropriate license, as provided by State sion’). specified in the job offer, the services of the law, to operate the vehicle; and ‘‘(ii) COMPOSITION.—The Commission shall worker are no longer required for reasons be- ‘‘(III) have an insurance policy or a liabil- consist of 10 members as follows: yond the control of the employer due to any ity bond that is in effect which insures the ‘‘(I) Four representatives of agricultural form of natural disaster, including a flood, employer against liability for damage to per- employers and 1 representative of the De- hurricane, freeze, earthquake, fire, drought, sons or property arising from the ownership, partment of Agriculture, each appointed by plant or animal disease or pest infestation, operation, or causing to be operated, of any the Secretary of Agriculture. or regulatory drought, before the guarantee vehicle used to transport any H–2A worker.

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‘‘(ii) AMOUNT OF INSURANCE REQUIRED.—The and ineligible for nonimmigrant status under promptly issue a visa to, and the Secretary level of insurance required shall be deter- section 101(a)(15)(H)(ii)(a) if the alien has, at shall admit into the United States, an eligi- mined by the Secretary of Labor pursuant to any time during the past 5 years— ble alien designated by the employer to re- regulations to be issued under this sub- ‘‘(A) violated a material provision of this place an H–2A worker— section. section, including the requirement to ‘‘(A) who abandons or prematurely termi- ‘‘(iii) EFFECT OF WORKERS’ COMPENSATION promptly depart the United States when the nates employment; or COVERAGE.—If the employer of any H–2A alien’s authorized period of admission under ‘‘(B) whose employment is terminated worker provides workers’ compensation cov- this section has expired; or after a United States worker is employed erage for such worker in the case of bodily ‘‘(B) otherwise violated a term or condition pursuant to section 218(b)(2)(H)(iii), if the injury or death as provided by State law, the of admission into the United States as a non- United States worker voluntarily departs be- following adjustments in the requirements of immigrant, including overstaying the period fore the end of the period of intended em- subparagraph (B)(i)(III) relating to having an of authorized admission as such a non- ployment or if the employment termination insurance policy or liability bond apply: immigrant. is for a lawful job-related reason. ‘‘(I) No insurance policy or liability bond ‘‘(3) WAIVER OF INELIGIBILITY FOR UNLAW- ‘‘(2) CONSTRUCTION.—Nothing in this sub- shall be required of the employer, if such FUL PRESENCE.— section is intended to limit any preference workers are transported only under cir- ‘‘(A) IN GENERAL.—An alien who has not required to be accorded United States work- cumstances for which there is coverage previously been admitted into the United ers under any other provision of this Act. under such State law. States pursuant to this section, and who is ‘‘(g) IDENTIFICATION DOCUMENT.— ‘‘(II) An insurance policy or liability bond otherwise eligible for admission in accord- ‘‘(1) IN GENERAL.—Each alien authorized to shall be required of the employer for cir- ance with paragraphs (1) and (2), shall not be be admitted under section 101(a)(15)(H)(ii)(a) cumstances under which coverage for the deemed inadmissible by virtue of section shall be provided an identification and em- transportation of such workers is not pro- 212(a)(9)(B). If an alien described in the pre- ployment eligibility document to verify eli- vided under such State law. ceding sentence is present in the United gibility for employment in the United States ‘‘(c) COMPLIANCE WITH LABOR LAWS.—An States, the alien may apply from abroad for and verify the alien’s identity. employer shall assure that, except as other- H–2A status, but may not be granted that ‘‘(2) REQUIREMENTS.—No identification and wise provided in this section, the employer status in the United States. employment eligibility document may be will comply with all applicable Federal, ‘‘(B) MAINTENANCE OF WAIVER.—An alien issued which does not meet the following re- State, and local labor laws, including laws provided an initial waiver of ineligibility quirements: affecting migrant and seasonal agricultural pursuant to subparagraph (A) shall remain ‘‘(A) The document shall be capable of reli- workers, with respect to all United States eligible for such waiver unless the alien vio- ably determining whether— workers and alien workers employed by the lates the terms of this section or again be- ‘‘(i) the individual with the identification employer, except that a violation of this as- comes ineligible under section 212(a)(9)(B) by and employment eligibility document whose surance shall not constitute a violation of virtue of unlawful presence in the United eligibility is being verified is in fact eligible the Migrant and Seasonal Agricultural States after the date of the initial waiver of for employment; Worker Protection Act (29 U.S.C. 1801 et ineligibility pursuant to subparagraph (A). ‘‘(ii) the individual whose eligibility is seq.). ‘‘(d) PERIOD OF ADMISSION.— being verified is claiming the identity of an- ‘‘(d) COPY OF JOB OFFER.—The employer ‘‘(1) IN GENERAL.—The alien shall be admit- other person; and shall provide to the worker, not later than ted for the period of employment in the ap- ‘‘(iii) the individual whose eligibility is the day the work commences, a copy of the plication certified by the Secretary of Labor being verified is authorized to be admitted employer’s application and job offer de- pursuant to section 218(e)(2)(B), not to ex- into, and employed in, the United States as scribed in section 218(a), or, if the employer ceed 10 months, supplemented by a period of an H–2A worker. will require the worker to enter into a sepa- not more than 1 week before the beginning of ‘‘(B) The document shall be in a form that rate employment contract covering the em- the period of employment for the purpose of is resistant to counterfeiting and to tam- ployment in question, such separate employ- travel to the worksite and a period of 14 days pering. ment contract. following the period of employment for the ‘‘(C) The document shall— ‘‘(e) RANGE PRODUCTION OF LIVESTOCK.— purpose of departure or extension based on a ‘‘(i) be compatible with other databases of Nothing in this section, section 218, or sec- subsequent offer of employment, except the Secretary for the purpose of excluding tion 218B shall preclude the Secretary of that— aliens from benefits for which they are not Labor and the Secretary from continuing to ‘‘(A) the alien is not authorized to be em- eligible and determining whether the alien is apply special procedures and requirements to ployed during such 14-day period except in unlawfully present in the United States; and the admission and employment of aliens in the employment for which the alien was pre- ‘‘(ii) be compatible with law enforcement occupations involving the range production viously authorized; and databases to determine if the alien has been of livestock. ‘‘(B) the total period of employment, in- convicted of criminal offenses. ‘‘SEC. 218B. PROCEDURE FOR ADMISSION AND EX- cluding such 14-day period, may not exceed ‘‘(h) EXTENSION OF STAY OF H–2A ALIENS IN TENSION OF STAY OF H–2A WORK- THE UNITED STATES.— ERS. 10 months. ‘‘(2) CONSTRUCTION.—Nothing in this sub- ‘‘(1) EXTENSION OF STAY.—If an employer ‘‘(a) PETITIONING FOR ADMISSION.—An em- seeks approval to employ an H–2A alien who ployer, or an association acting as an agent section shall limit the authority of the Sec- is lawfully present in the United States, the or joint employer for its members, that retary to extend the stay of the alien under petition filed by the employer or an associa- seeks the admission into the United States any other provision of this Act. tion pursuant to subsection (a), shall request of an H–2A worker may file a petition with ‘‘(e) ABANDONMENT OF EMPLOYMENT.— an extension of the alien’s stay and a change the Secretary. The petition shall be accom- ‘‘(1) IN GENERAL.—An alien admitted or panied by an accepted and currently valid provided status under section in the alien’s employment. certification provided by the Secretary of 101(a)(15)(H)(ii)(a) who abandons the employ- ‘‘(2) LIMITATION ON FILING A PETITION FOR Labor under section 218(e)(2)(B) covering the ment which was the basis for such admission EXTENSION OF STAY.—A petition may not be petitioner. or status shall be considered to have failed filed for an extension of an alien’s stay— ‘‘(b) EXPEDITED ADJUDICATION BY THE SEC- to maintain nonimmigrant status as an H–2A ‘‘(A) for a period of more than 10 months; RETARY.—The Secretary shall establish a worker and shall depart the United States or or procedure for expedited adjudication of peti- be subject to removal under section ‘‘(B) to a date that is more than 3 years tions filed under subsection (a) and within 7 237(a)(1)(C)(i). after the date of the alien’s last admission to working days shall, by fax, cable, or other ‘‘(2) REPORT BY EMPLOYER.—The employer, the United States under this section. means assuring expedited delivery, transmit or association acting as agent for the em- ‘‘(3) WORK AUTHORIZATION UPON FILING A PE- a copy of notice of action on the petition to ployer, shall notify the Secretary not later TITION FOR EXTENSION OF STAY.— the petitioner and, in the case of approved than 7 days after an H–2A worker pre- ‘‘(A) IN GENERAL.—An alien who is lawfully petitions, to the appropriate immigration of- maturely abandons employment. present in the United States may commence ficer at the port of entry or United States ‘‘(3) REMOVAL BY THE SECRETARY.—The Sec- the employment described in a petition consulate (as the case may be) where the pe- retary shall promptly remove from the under paragraph (1) on the date on which the titioner has indicated that the alien bene- United States any H–2A worker who violates petition is filed. ficiary (or beneficiaries) will apply for a visa any term or condition of the worker’s non- ‘‘(B) DEFINITION.—For purposes of subpara- or admission to the United States. immigrant status. graph (A), the term ‘file’ means sending the ‘‘(c) CRITERIA FOR ADMISSIBILITY.— ‘‘(4) VOLUNTARY TERMINATION.—Notwith- petition by certified mail via the United ‘‘(1) IN GENERAL.—An H–2A worker shall be standing paragraph (1), an alien may volun- States Postal Service, return receipt re- considered admissible to the United States if tarily terminate his or her employment if quested, or delivered by guaranteed commer- the alien is otherwise admissible under this the alien promptly departs the United States cial delivery which will provide the employer section, section 218, and section 218A, and upon termination of such employment. with a documented acknowledgment of the the alien is not ineligible under paragraph ‘‘(f) REPLACEMENT OF ALIEN.— date of receipt of the petition. (2). ‘‘(1) IN GENERAL.—Upon presentation of the ‘‘(C) HANDLING OF PETITION.—The employer ‘‘(2) DISQUALIFICATION.—An alien shall be notice to the Secretary required by sub- shall provide a copy of the employer’s peti- considered inadmissible to the United States section (e)(2), the Secretary of State shall tion to the alien, who shall keep the petition

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S984 CONGRESSIONAL RECORD — SENATE January 23, 2007 with the alien’s identification and employ- ‘‘(C) who is seeking to receive an immi- (2)(E), or (2)(H) of section 218(b), or a mate- ment eligibility document as evidence that grant visa under section 203(b)(3)(A)(iii). rial misrepresentation of fact in an applica- the petition has been filed and that the alien ‘‘(2) CLASSIFICATION PETITION.—In the case tion under section 218(a)— is authorized to work in the United States. of an eligible alien, the petition under sec- ‘‘(i) the Secretary of Labor shall notify the ‘‘(D) APPROVAL OF PETITION.—Upon ap- tion 204 for classification under section Secretary of such finding and may, in addi- proval of a petition for an extension of stay 203(b)(3)(A)(iii) may be filed by— tion, impose such other administrative rem- or change in the alien’s authorized employ- ‘‘(A) the alien’s employer on behalf of the edies (including civil money penalties in an ment, the Secretary shall provide a new or eligible alien; or amount not to exceed $1,000 per violation) as updated employment eligibility document to ‘‘(B) the eligible alien. the Secretary of Labor determines to be ap- the alien indicating the new validity date, ‘‘(3) NO LABOR CERTIFICATION REQUIRED.— propriate; and after which the alien is not required to re- Notwithstanding section 203(b)(3)(C), no de- ‘‘(ii) the Secretary may disqualify the em- tain a copy of the petition. termination under section 212(a)(5)(A) is re- ployer from the employment of aliens de- ‘‘(4) LIMITATION ON EMPLOYMENT AUTHOR- quired with respect to an immigrant visa de- scribed in section 101(a)(15)(H)(ii)(a) for a pe- IZATION OF ALIENS WITHOUT VALID IDENTIFICA- scribed in paragraph (1)(C) for an eligible riod of 1 year. TION AND EMPLOYMENT ELIGIBILITY DOCU- alien. ‘‘(D) WILLFUL FAILURES AND WILLFUL MIS- MENT.—An expired identification and em- ‘‘(4) EFFECT OF PETITION.—The filing of a REPRESENTATIONS.—If the Secretary of Labor ployment eligibility document, together petition described in paragraph (2) or an ap- finds, after notice and opportunity for hear- with a copy of a petition for extension of plication for adjustment of status based on ing, a willful failure to meet a condition of stay or change in the alien’s authorized em- the approval of such a petition shall not con- section 218(b), a willful misrepresentation of ployment that complies with the require- stitute evidence of an alien’s ineligibility for a material fact in an application under sec- ments of paragraph (1), shall constitute a nonimmigrant status under section tion 218(a), or a violation of subsection valid work authorization document for a pe- 101(a)(15)(H)(ii)(a). (d)(1)— riod of not more than 60 days beginning on ‘‘(5) EXTENSION OF STAY.—The Secretary ‘‘(i) the Secretary of Labor shall notify the the date on which such petition is filed, after shall extend the stay of an eligible alien hav- Secretary of such finding and may, in addi- which time only a currently valid identifica- ing a pending or approved classification peti- tion, impose such other administrative rem- tion and employment eligibility document tion described in paragraph (2) in 1-year in- edies (including civil money penalties in an shall be acceptable. crements until a final determination is made amount not to exceed $5,000 per violation) as ‘‘(5) LIMITATION ON AN INDIVIDUAL’S STAY IN on the alien’s eligibility for adjustment of the Secretary of Labor determines to be ap- STATUS.— status to that of an alien lawfully admitted propriate; ‘‘(A) MAXIMUM PERIOD.—The maximum for permanent residence. ‘‘(ii) the Secretary of Labor may seek ap- continuous period of authorized status as an ‘‘(6) CONSTRUCTION.—Nothing in this sub- propriate legal or equitable relief to effec- H–2A worker (including any extensions) is 3 section shall be construed to prevent an eli- tuate the purposes of subsection (d)(1); and years. gible alien from seeking adjustment of sta- ‘‘(iii) the Secretary may disqualify the em- ‘‘(B) REQUIREMENT TO REMAIN OUTSIDE THE tus in accordance with any other provision ployer from the employment of H–2A work- UNITED STATES.— of law. ers for a period of 2 years. ‘‘(i) IN GENERAL.—Subject to clause (ii), in ‘‘SEC. 218C. WORKER PROTECTIONS AND LABOR ‘‘(E) DISPLACEMENT OF UNITED STATES the case of an alien outside the United STANDARDS ENFORCEMENT. WORKERS.—If the Secretary of Labor finds, States whose period of authorized status as ‘‘(a) ENFORCEMENT AUTHORITY.— after notice and opportunity for hearing, a an H–2A worker (including any extensions) ‘‘(1) INVESTIGATION OF COMPLAINTS.— willful failure to meet a condition of section has expired, the alien may not again apply ‘‘(A) AGGRIEVED PERSON OR THIRD-PARTY 218(b) or a willful misrepresentation of a ma- for admission to the United States as an H– COMPLAINTS.—The Secretary of Labor shall terial fact in an application under section 2A worker unless the alien has remained out- establish a process for the receipt, investiga- 218(a), in the course of which failure or mis- side the United States for a continuous pe- tion, and disposition of complaints respect- representation the employer displaced a riod equal to at least 1⁄5 the duration of the ing a petitioner’s failure to meet a condition United States worker employed by the em- alien’s previous period of authorized status specified in section 218(b), or an employer’s ployer during the period of employment on as an H–2A worker (including any exten- misrepresentation of material facts in an ap- the employer’s application under section sions). plication under section 218(a). Complaints 218(a) or during the period of 30 days pre- ‘‘(ii) EXCEPTION.—Clause (i) shall not apply may be filed by any aggrieved person or or- ceding such period of employment— in the case of an alien if the alien’s period of ganization (including bargaining representa- ‘‘(i) the Secretary of Labor shall notify the authorized status as an H–2A worker (includ- tives). No investigation or hearing shall be Secretary of such finding and may, in addi- ing any extensions) was for a period of not conducted on a complaint concerning such a tion, impose such other administrative rem- more than 10 months and such alien has been failure or misrepresentation unless the com- edies (including civil money penalties in an outside the United States for at least 2 plaint was filed not later than 12 months amount not to exceed $15,000 per violation) months during the 12 months preceding the after the date of the failure, or misrepresen- as the Secretary of Labor determines to be date the alien again is applying for admis- tation, respectively. The Secretary of Labor appropriate; and sion to the United States as an H–2A worker. shall conduct an investigation under this ‘‘(ii) the Secretary may disqualify the em- ‘‘(i) SPECIAL RULES FOR ALIENS EMPLOYED subparagraph if there is reasonable cause to ployer from the employment of H–2A work- AS SHEEPHERDERS, GOAT HERDERS, OR DAIRY believe that such a failure or misrepresenta- ers for a period of 3 years. WORKERS.—Notwithstanding any provision of tion has occurred. ‘‘(F) LIMITATIONS ON CIVIL MONEY PEN- the Agricultural Job Opportunities, Benefits, ‘‘(B) DETERMINATION ON COMPLAINT.—Under ALTIES.—The Secretary of Labor shall not and Security Act of 2007, an alien admitted such process, the Secretary of Labor shall impose total civil money penalties with re- under section 101(a)(15)(H)(ii)(a) for employ- provide, within 30 days after the date such a spect to an application under section 218(a) ment as a sheepherder, goat herder, or dairy complaint is filed, for a determination as to in excess of $90,000. worker— whether or not a reasonable basis exists to ‘‘(G) FAILURES TO PAY WAGES OR REQUIRED ‘‘(1) may be admitted for an initial period make a finding described in subparagraph BENEFITS.—If the Secretary of Labor finds, of 12 months; (C), (D), (E), or (G). If the Secretary of Labor after notice and opportunity for a hearing, ‘‘(2) subject to subsection (j)(5), may have determines that such a reasonable basis ex- that the employer has failed to pay the such initial period of admission extended for ists, the Secretary of Labor shall provide for wages, or provide the housing allowance, a period of up to 3 years; and notice of such determination to the inter- transportation, subsistence reimbursement, ‘‘(3) shall not be subject to the require- ested parties and an opportunity for a hear- or guarantee of employment, required under ments of subsection (h)(5) (relating to peri- ing on the complaint, in accordance with section 218A(b), the Secretary of Labor shall ods of absence from the United States). section 556 of title 5, United States Code, assess payment of back wages, or other re- ‘‘(j) ADJUSTMENT TO LAWFUL PERMANENT within 60 days after the date of the deter- quired benefits, due any United States work- RESIDENT STATUS FOR ALIENS EMPLOYED AS mination. If such a hearing is requested, the er or H–2A worker employed by the employer SHEEPHERDERS, GOAT HERDERS, OR DAIRY Secretary of Labor shall make a finding con- in the specific employment in question. The WORKERS.— cerning the matter not later than 60 days back wages or other required benefits under ‘‘(1) ELIGIBLE ALIEN.—For purposes of this after the date of the hearing. In the case of section 218A(b) shall be equal to the dif- subsection, the term ‘eligible alien’ means similar complaints respecting the same ap- ference between the amount that should an alien— plicant, the Secretary of Labor may consoli- have been paid and the amount that actually ‘‘(A) having nonimmigrant status under date the hearings under this subparagraph was paid to such worker. section 101(a)(15)(H)(ii)(a) based on employ- on such complaints. ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in ment as a sheepherder, goat herder, or dairy ‘‘(C) FAILURES TO MEET CONDITIONS.—If the this section shall be construed as limiting worker; Secretary of Labor finds, after notice and op- the authority of the Secretary of Labor to ‘‘(B) who has maintained such non- portunity for a hearing, a failure to meet a conduct any compliance investigation under immigrant status in the United States for a condition of paragraph (1)(A), (1)(B), (1)(D), any other labor law, including any law af- cumulative total of 36 months (excluding any (1)(F), (2)(A), (2)(B), or (2)(G) of section fecting migrant and seasonal agricultural period of absence from the United States); 218(b), a substantial failure to meet a condi- workers, or, in the absence of a complaint and tion of paragraph (1)(C), (1)(E), (2)(C), (2)(D), under this section, under section 218 or 218A.

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‘‘(b) RIGHTS ENFORCEABLE BY PRIVATE Secretary of Labor may not maintain a civil ‘‘(10) SETTLEMENTS.—Any settlement by RIGHT OF ACTION.—H–2A workers may en- action under paragraph (2) unless a com- the Secretary of Labor with an H–2A em- force the following rights through the pri- plaint based on the same violation filed with ployer on behalf of an H–2A worker of a com- vate right of action provided in subsection the Secretary of Labor under subsection plaint filed with the Secretary of Labor (c), and no other right of action shall exist (a)(1) is withdrawn before the filing of such under this section or any finding by the Sec- under Federal or State law to enforce such action, in which case the rights and remedies retary of Labor under subsection (a)(1)(B) rights: available under this subsection shall be ex- shall preclude any right of action arising out ‘‘(1) The providing of housing or a housing clusive. of the same facts between the parties under allowance as required under section ‘‘(4) PREEMPTION OF STATE CONTRACT any Federal or State court or administrative 218A(b)(1). RIGHTS.—Nothing in this Act shall be con- proceeding, unless specifically provided oth- ‘‘(2) The reimbursement of transportation strued to diminish the rights and remedies of erwise in the settlement agreement. as required under section 218A(b)(2). an H–2A worker under any other Federal or ‘‘(d) DISCRIMINATION PROHIBITED.— ‘‘(3) The payment of wages required under State law or regulation or under any collec- ‘‘(1) IN GENERAL.—It is a violation of this section 218A(b)(3) when due. tive bargaining agreement, except that no subsection for any person who has filed an ‘‘(4) The benefits and material terms and court or administrative action shall be avail- application under section 218(a), to intimi- conditions of employment expressly provided able under any State contract law to enforce date, threaten, restrain, coerce, blacklist, in the job offer described in section 218(a)(2), the rights created by this Act. discharge, or in any other manner discrimi- not including the assurance to comply with ‘‘(5) WAIVER OF RIGHTS PROHIBITED.—Agree- nate against an employee (which term, for other Federal, State, and local labor laws de- ments by employees purporting to waive or purposes of this subsection, includes a scribed in section 218A(c), compliance with modify their rights under this Act shall be former employee and an applicant for em- which shall be governed by the provisions of ployment) because the employee has dis- such laws. void as contrary to public policy, except that a waiver or modification of the rights or ob- closed information to the employer, or to ‘‘(5) The guarantee of employment required any other person, that the employee reason- under section 218A(b)(4). ligations in favor of the Secretary of Labor ably believes evidences a violation of section ‘‘(6) The motor vehicle safety requirements shall be valid for purposes of the enforce- 218 or 218A or any rule or regulation per- under section 218A(b)(5). ment of this Act. The preceding sentence taining to section 218 or 218A, or because the ‘‘(7) The prohibition of discrimination may not be construed to prohibit agreements employee cooperates or seeks to cooperate in under subsection (d)(2). to settle private disputes or litigation. an investigation or other proceeding con- ‘‘(c) PRIVATE RIGHT OF ACTION.— ‘‘(6) AWARD OF DAMAGES OR OTHER EQUI- cerning the employer’s compliance with the ‘‘(1) MEDIATION.—Upon the filing of a com- TABLE RELIEF.— plaint by an H–2A worker aggrieved by a vio- ‘‘(A) If the court finds that the respondent requirements of section 218 or 218A or any lation of rights enforceable under subsection has intentionally violated any of the rights rule or regulation pertaining to either of (b), and within 60 days of the filing of proof enforceable under subsection (b), it shall such sections. of service of the complaint, a party to the award actual damages, if any, or equitable ‘‘(2) DISCRIMINATION AGAINST H–2A WORK- action may file a request with the Federal relief. ERS.—It is a violation of this subsection for Mediation and Conciliation Service to assist ‘‘(B) Any civil action brought under this any person who has filed an application the parties in reaching a satisfactory resolu- section shall be subject to appeal as provided under section 218(a), to intimidate, threaten, tion of all issues involving all parties to the in chapter 83 of title 28, United States Code. restrain, coerce, blacklist, discharge, or in dispute. Upon a filing of such request and ‘‘(7) WORKERS’ COMPENSATION BENEFITS; EX- any manner discriminate against an H–2A giving of notice to the parties, the parties CLUSIVE REMEDY.— employee because such worker has, with just shall attempt mediation within the period ‘‘(A) Notwithstanding any other provision cause, filed a complaint with the Secretary specified in subparagraph (B). of this section, where a State’s workers’ of Labor regarding a denial of the rights enu- ‘‘(A) MEDIATION SERVICES.—The Federal compensation law is applicable and coverage merated and enforceable under subsection (b) Mediation and Conciliation Service shall be is provided for an H–2A worker, the workers’ or instituted, or caused to be instituted, a available to assist in resolving disputes aris- compensation benefits shall be the exclusive private right of action under subsection (c) ing under subsection (b) between H–2A work- remedy for the loss of such worker under regarding the denial of the rights enumer- ers and agricultural employers without this section in the case of bodily injury or ated under subsection (b), or has testified or charge to the parties. death in accordance with such State’s work- is about to testify in any court proceeding ‘‘(B) 90-DAY LIMIT.—The Federal Mediation ers’ compensation law. brought under subsection (c). and Conciliation Service may conduct medi- ‘‘(B) The exclusive remedy prescribed in ‘‘(e) AUTHORIZATION TO SEEK OTHER APPRO- ation or other nonbinding dispute resolution subparagraph (A) precludes the recovery PRIATE EMPLOYMENT.—The Secretary of activities for a period not to exceed 90 days under paragraph (6) of actual damages for Labor and the Secretary shall establish a beginning on the date on which the Federal loss from an injury or death but does not process under which an H–2A worker who Mediation and Conciliation Service receives preclude other equitable relief, except that files a complaint regarding a violation of the request for assistance unless the parties such relief shall not include back or front subsection (d) and is otherwise eligible to re- agree to an extension of this period of time. pay or in any manner, directly or indirectly, main and work in the United States may be ‘‘(C) AUTHORIZATION.— expand or otherwise alter or affect— allowed to seek other appropriate employ- ‘‘(i) IN GENERAL.—Subject to clause (ii), ‘‘(i) a recovery under a State workers’ ment in the United States for a period not to there are authorized to be appropriated to compensation law; or exceed the maximum period of stay author- the Federal Mediation and Conciliation ‘‘(ii) rights conferred under a State work- ized for such nonimmigrant classification. Service $500,000 for each fiscal year to carry ers’ compensation law. ‘‘(f) ROLE OF ASSOCIATIONS.— out this section. ‘‘(8) TOLLING OF STATUTE OF LIMITATIONS.— ‘‘(1) VIOLATION BY A MEMBER OF AN ASSOCIA- ‘‘(ii) MEDIATION.—Notwithstanding any If it is determined under a State workers’ TION.—An employer on whose behalf an ap- other provision of law, the Director of the compensation law that the workers’ com- plication is filed by an association acting as Federal Mediation and Conciliation Service pensation law is not applicable to a claim for its agent is fully responsible for such appli- is authorized to conduct the mediation or bodily injury or death of an H–2A worker, cation, and for complying with the terms other dispute resolution activities from any the statute of limitations for bringing an ac- and conditions of sections 218 and 218A, as other appropriated funds available to the Di- tion for actual damages for such injury or though the employer had filed the applica- rector and to reimburse such appropriated death under subsection (c) shall be tolled for tion itself. If such an employer is deter- funds when the funds are appropriated pursu- the period during which the claim for such mined, under this section, to have com- ant to this authorization, such reimburse- injury or death under such State workers’ mitted a violation, the penalty for such vio- ment to be credited to appropriations cur- compensation law was pending. The statute lation shall apply only to that member of rently available at the time of receipt. of limitations for an action for actual dam- the association unless the Secretary of ‘‘(2) MAINTENANCE OF CIVIL ACTION IN DIS- ages or other equitable relief arising out of Labor determines that the association or TRICT COURT BY AGGRIEVED PERSON.—An H–2A the same transaction or occurrence as the other member participated in, had knowl- worker aggrieved by a violation of rights en- injury or death of the H–2A worker shall be edge, or reason to know, of the violation, in forceable under subsection (b) by an agricul- tolled for the period during which the claim which case the penalty shall be invoked tural employer or other person may file suit for such injury or death was pending under against the association or other association in any district court of the United States the State workers’ compensation law. member as well. having jurisdiction over the parties, without ‘‘(9) PRECLUSIVE EFFECT.—Any settlement ‘‘(2) VIOLATIONS BY AN ASSOCIATION ACTING regard to the amount in controversy, with- by an H–2A worker and an H–2A employer or AS AN EMPLOYER.—If an association filing an out regard to the citizenship of the parties, any person reached through the mediation application as a sole or joint employer is de- and without regard to the exhaustion of any process required under subsection (c)(1) shall termined to have committed a violation alternative administrative remedies under preclude any right of action arising out of under this section, the penalty for such vio- this Act, not later than 3 years after the date the same facts between the parties in any lation shall apply only to the association un- the violation occurs. Federal or State court or administrative pro- less the Secretary of Labor determines that ‘‘(3) ELECTION.—An H–2A worker who has ceeding, unless specifically provided other- an association member or members partici- filed an administrative complaint with the wise in the settlement agreement. pated in or had knowledge, or reason to

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REGULATIONS. 218, 218A, 218B, and 218C: ‘‘(11) SEASONAL.—Labor is performed on a (a) REQUIREMENT FOR THE SECRETARY TO ‘‘(1) AGRICULTURAL EMPLOYMENT.—The ‘seasonal’ basis if— ‘‘(A) ordinarily, it pertains to or is of the CONSULT.—The Secretary shall consult with term ‘agricultural employment’ means any the Secretary of Labor and the Secretary of service or activity that is considered to be kind exclusively performed at certain sea- sons or periods of the year; and Agriculture during the promulgation of all agricultural under section 3(f) of the Fair regulations to implement the duties of the Labor Standards Act of 1938 (29 U.S.C. 203(f)) ‘‘(B) from its nature, it may not be contin- uous or carried on throughout the year. Secretary under this title and the amend- or agricultural labor under section 3121(g) of ments made by this title. the Internal Revenue Code of 1986 or the per- ‘‘(12) SECRETARY.—Except as otherwise pro- formance of agricultural labor or services de- vided, the term ‘Secretary’ means the Sec- (b) REQUIREMENT FOR THE SECRETARY OF scribed in section 101(a)(15)(H)(ii)(a). retary of Homeland Security. STATE TO CONSULT.—The Secretary of State shall consult with the Secretary, the Sec- ‘‘(2) BONA FIDE UNION.—The term ‘bona fide ‘‘(13) TEMPORARY.—A worker is employed union’ means any organization in which em- on a ‘temporary’ basis where the employ- retary of Labor, and the Secretary of Agri- ployees participate and which exists for the ment is intended not to exceed 10 months. culture on all regulations to implement the purpose of dealing with employers con- ‘‘(14) UNITED STATES WORKER.—The term duties of the Secretary of State under this cerning grievances, labor disputes, wages, ‘United States worker’ means any worker, title and the amendments made by this title. rates of pay, hours of employment, or other whether a national of the United States, an (c) REQUIREMENT FOR THE SECRETARY OF terms and conditions of work for agricul- alien lawfully admitted for permanent resi- LABOR TO CONSULT.—The Secretary of Labor tural employees. Such term does not include dence, or any other alien, who is authorized shall consult with the Secretary of Agri- an organization formed, created, adminis- to work in the job opportunity within the culture and the Secretary on all regulations tered, supported, dominated, financed, or United States, except an alien admitted or to implement the duties of the Secretary of controlled by an employer or employer asso- otherwise provided status under section Labor under this title and the amendments ciation or its agents or representatives. 101(a)(15)(H)(ii)(a).’’. made by this title. ‘‘(3) DISPLACE.—The term ‘displace’, in the (b) TABLE OF CONTENTS.—The table of con- (d) DEADLINE FOR ISSUANCE OF REGULA- case of an application with respect to 1 or tents of the Immigration and Nationality TIONS.—All regulations to implement the du- more H–2A workers by an employer, means Act (8 U.S.C. 1101 et seq.) is amended by ties of the Secretary, the Secretary of State, laying off a United States worker from a job striking the item relating to section 218 and and the Secretary of Labor created under for which the H–2A worker or workers is or inserting the following: sections 218, 218A, 218B, 218C, and 218D of the are sought. ‘‘Sec. 218. H–2A employer applications. Immigration and Nationality Act, as amend- ‘‘(4) ELIGIBLE.—The term ‘eligible’, when ‘‘Sec. 218A. H–2A employment requirements. ed or added by section 231 of this Act, shall used with respect to an individual, means an ‘‘Sec. 218B. Procedure for admission and ex- take effect on the effective date of section individual who is not an unauthorized alien tension of stay of H–2A work- 231 and shall be issued not later than 1 year (as defined in section 274A). ers. after the date of enactment of this Act. ‘‘Sec. 218C. Worker protections and labor ‘‘(5) EMPLOYER.—The term ‘employer’ SEC. 243. REPORTS TO CONGRESS. means any person or entity, including any standards enforcement. farm labor contractor and any agricultural ‘‘Sec. 218D. Definitions.’’. (a) ANNUAL REPORT.—Not later than Sep- association, that employs workers in agri- Subtitle C—Miscellaneous Provisions tember 30 of each year, the Secretary shall cultural employment. submit a report to Congress that identifies, SEC. 241. DETERMINATION AND USE OF USER for the previous year— ‘‘(6) H–2A EMPLOYER.—The term ‘H–2A em- FEES. (1) the number of job opportunities ap- ployer’ means an employer who seeks to hire (a) SCHEDULE OF FEES.—The Secretary proved for employment of aliens admitted 1 or more nonimmigrant aliens described in shall establish and periodically adjust a under section 101(a)(15)(H)(ii)(a) of the Immi- section 101(a)(15)(H)(ii)(a). schedule of fees for the employment of aliens gration and Nationality Act (8 U.S.C. ‘‘(7) H–2A WORKER.—The term ‘H–2A work- pursuant to the amendment made by section 1101(a)(15)(H)(ii)(a)), and the number of work- er’ means a nonimmigrant described in sec- 231(a) of this Act and a collection process for ers actually admitted, disaggregated by tion 101(a)(15)(H)(ii)(a). such fees from employers. Such fees shall be State and by occupation; ‘‘(8) JOB OPPORTUNITY.—The term ‘job op- the only fees chargeable to employers for (2) the number of such aliens reported to portunity’ means a job opening for tem- services provided under such amendment. have abandoned employment pursuant to porary or seasonal full-time employment at (b) DETERMINATION OF SCHEDULE.— subsection 218B(e)(2) of such Act; a place in the United States to which United (1) IN GENERAL.—The schedule under sub- (3) the number of such aliens who departed States workers can be referred. section (a) shall reflect a fee rate based on the United States within the period specified ‘‘(9) LAYING OFF.— the number of job opportunities indicated in in subsection 218B(d) of such Act; ‘‘(A) IN GENERAL.—The term ‘laying off’, the employer’s application under section 218 (4) the number of aliens who applied for ad- with respect to a worker— of the Immigration and Nationality Act, as justment of status pursuant to section 211(a); ‘‘(i) means to cause the worker’s loss of amended by section 231 of this Act, and suffi- (5) the number of such aliens whose status employment, other than through a discharge cient to provide for the direct costs of pro- was adjusted under section 211(a); for inadequate performance, violation of viding services related to an employer’s au- (6) the number of aliens who applied for workplace rules, cause, voluntary departure, thorization to employ aliens pursuant to the permanent residence pursuant to section voluntary retirement, contract impossibility amendment made by section 231(a) of this 213(c); and (as described in section 218A(b)(4)(D)), or Act, to include the certification of eligible (7) the number of such aliens who were ap- temporary suspension of employment due to employers, the issuance of documentation, proved for permanent residence pursuant weather, markets, or other temporary condi- and the admission of eligible aliens. section 213(c). tions; but (2) PROCEDURE.— ‘‘(ii) does not include any situation in (A) IN GENERAL.—In establishing and ad- (b) IMPLEMENTATION REPORT.—Not later which the worker is offered, as an alter- justing such a schedule, the Secretary shall than 180 days after the date of the enactment native to such loss of employment, a similar comply with Federal cost accounting and fee of this Act, the Secretary shall prepare and employment opportunity with the same em- setting standards. submit to Congress a report that describes ployer (or, in the case of a placement of a (B) PUBLICATION AND COMMENT.—The Sec- the measures being taken and the progress worker with another employer under section retary shall publish in the Federal Register made in implementing this Act. 218(b)(2)(E), with either employer described an initial fee schedule and associated collec- SEC. 244. EFFECTIVE DATE. in such section) at equivalent or higher com- tion process and the cost data or estimates Except as otherwise provided, sections 231 pensation and benefits than the position upon which such fee schedule is based, and and 241 shall take effect 1 year after the date from which the employee was discharged, re- any subsequent amendments thereto, pursu- of the enactment of this Act. gardless of whether or not the employee ac- ant to which public comment shall be sought cepts the offer. and a final rule issued. ‘‘(B) STATUTORY CONSTRUCTION.—Nothing (c) USE OF PROCEEDS.—Notwithstanding SA 169. Mr. ALLARD submitted an in this paragraph is intended to limit an em- any other provision of law, all proceeds re- amendment intended to be proposed by ployee’s rights under a collective bargaining sulting from the payment of the fees pursu- him to the bill H.R. 2, to amend the agreement or other employment contract. ant to the amendment made by section 231(a) Fair Labor Standards Act of 1938 to ‘‘(10) REGULATORY DROUGHT.—The term of this Act shall be available without further provide for an increase in the Federal ‘regulatory drought’ means a decision subse- appropriation and shall remain available minimum wage; which was ordered to quent to the filing of the application under without fiscal year limitation to reimburse section 218 by an entity not under the con- the Secretary, the Secretary of State, and lie on the table; as follows: trol of the employer making such filing the Secretary of Labor for the costs of car- At the end, add the following new section:

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SHARING OF SOCIAL SECURITY DATA FOR ‘‘(5)(A) The Commissioner of Social Secu- paragraph (1) for employees only pursuant to IMMIGRATION ENFORCEMENT PUR- rity shall perform, at the request to the Sec- the following: POSES. retary of Homeland Security, any search or ‘‘(A) AGREEMENT.—The program may be (a) SOCIAL SECURITY ACCOUNT NUMBERS.— manipulation of records held by the Commis- carried out only in accordance with— Section 264(f) of the Immigration and Na- sioner if the Secretary certifies that the pur- ‘‘(i) applicable provisions of a collective tionality Act (8 U.S.C. 1304(f)) is amended to pose of the search or manipulation is to ob- bargaining agreement between the employer read as follows: tain information that is likely to assist in ‘‘(f) Notwithstanding any other provision and the labor organization that has been cer- identifying individuals (and their employers) tified or recognized as the representative of of law (including section 6103 of the Internal who are using false names or social security Revenue Code of 1986), the Secretary of the employees under applicable law; or numbers, who are sharing a single valid ‘‘(ii) in the case of an employee who is not Homeland Security, the Secretary of Labor, name and social security number among and the Attorney General are authorized to represented by a labor organization de- multiple individuals, who are using the so- scribed in clause (i), a written agreement ar- require any individual to provide his or her cial security number of a person who is de- rived at between the employer and employee own social security account number for pur- ceased, too young to work, or not authorized before the performance of the work involved poses of inclusion in any record of the indi- to work, or who are otherwise engaged in a if the agreement was entered into knowingly vidual maintained by either such Secretary violation of the immigration laws. The Com- and voluntarily by such employee and was or the Attorney General, or of inclusion in missioner shall provide the results of such any application, document, or form provided search or manipulation to the Secretary, not a condition of employment. under or required by the immigration laws.’’. notwithstanding any other provision law (in- ‘‘(B) STATEMENT OF VOLUNTARY PARTICIPA- (b) EXCHANGE OF INFORMATION.—Section cluding section 6103 of the Internal Revenue TION.—The program shall apply to an em- 290(c) of the Immigration and Nationality Code of 1986). ployee described in subparagraph (A)(ii) if Act (8 U.S.C. 1360(c)) is amended by striking ‘‘(B) The Secretary shall transfer to the such employee has affirmed, in a written paragraph (2) and inserting the following Commissioner the funds necessary to cover statement that is made, kept, and preserved new paragraphs: the costs directly incurred by the Commis- in accordance with section 11(c), that the ‘‘(2)(A) Notwithstanding any other provi- sioner in carrying out each search or manip- employee has voluntarily chosen to partici- sion of law (including section 6103 of the In- ulation requested by the Secretary under pate in the program. ternal Revenue Code of 1986) if earnings are subparagraph (A).’’. ‘‘(C) MINIMUM SERVICE.—No employee may reported on or after January 1, 1997, to the (c) FALSE CLAIMS OF CITIZENSHIP BY NA- participate, or agree to participate, in the Social Security Administration on a social TIONALS OF THE UNITED STATES.—Section program unless the employee has been em- security account number issued to an alien 212(a)(6)(C)(ii)(I) of the Immigration and Na- ployed for at least 12 months by the em- not authorized to work in the United States, tionality Act (8 U.S.C. 1182(a)(6)(C)(ii)(I)) is ployer, and for at least 1,250 hours of service the Commissioner of Social Security shall amended by inserting ‘‘or national’’ after with the employer during the previous 12- provide the Secretary of Homeland Security ‘‘citizen’’. with information regarding the name, date month period. ‘‘(3) COMPENSATION FOR HOURS IN SCHED- of birth, and address of the alien, the name SA 170. Mr. GREGG (for himself, Mr. and address of the person reporting the earn- ULE.—Notwithstanding section 7, in the case SUNUNU, and Mr. ISAKSON) submitted ings, and the amount of the earnings. of an employee participating in such a bi- ‘‘(B) The information described in subpara- an amendment intended to be proposed weekly work program, the employee shall be graph (A) shall be provided in an electronic by him to the bill H.R. 2, to amend the compensated for each hour in such a bi- form agreed upon by the Commissioner and Fair Labor Standards Act of 1938 to weekly work schedule at a rate not less than the Secretary. provide for an increase in the Federal the regular rate at which the employee is ‘‘(3)(A) Notwithstanding any other provi- minimum wage; which was ordered to employed. sion of law (including section 6103 of the In- lie on the table; as follows: ‘‘(4) OVERTIME COMPENSATION PROVISION.— ternal Revenue Code of 1986), if a social secu- An employee participating in such a bi- At the appropriate place, insert the fol- rity account number was used with multiple weekly work program shall be compensated lowing: names, the Commissioner of Social Security for each overtime hour at a rate not less shall provide the Secretary of Homeland Se- SEC. ll. EMPLOYEE OPTION TIME. than one and one-half times the regular rate curity with information regarding the name, (a) BIWEEKLY WORK PROGRAMS.— at which the employee is employed, in ac- (1) IN GENERAL.—The Fair Labor Standards date of birth, and address of each individual cordance with section 7(a)(1). Act of 1938 is amended by inserting after sec- who used that social security account num- ‘‘(5) DISCONTINUANCE OF PROGRAM OR WITH- tion 13 (29 U.S.C. 213) the following: ber, and the name and address of the person DRAWAL.— ‘‘SEC. 13A. BIWEEKLY WORK PROGRAMS. reporting the earnings for an individual who ‘‘(A) DISCONTINUANCE OF PROGRAM.—An em- used that social security account number. ‘‘(a) VOLUNTARY PARTICIPATION.— ployer that has established a biweekly work ‘‘(B) The information described in subpara- ‘‘(1) OPTION OF EMPLOYEE.—Except as pro- program under paragraph (1) may dis- graph (A) shall be provided in an electronic vided in paragraph (2), no employee may be continue the program for employees de- required to participate in a program de- form agreed upon by the Commissioner and scribed in paragraph (2)(A)(ii) after providing scribed in this section. Participation in a the Secretary for the sole purpose of enforc- 30 days’ written notice to the employees who program described in this section may not be ing the immigration laws. are subject to an agreement described in ‘‘(C) The Secretary, in consultation with a condition of employment. paragraph (2)(A)(ii). the Commissioner, may limit or modify the ‘‘(2) COLLECTIVE BARGAINING AGREEMENT.— ‘‘(B) WITHDRAWAL.—An employee may requirements of this paragraph, as appro- In a case in which a valid collective bar- withdraw an agreement described in para- priate, to identify the cases posing the high- gaining agreement exists between an em- graph (2)(A)(ii) at the end of any 2-week pe- est possibility of fraudulent use of social se- ployer and the labor organization that has riod described in paragraph (1)(A)(i), by sub- curity account numbers related to violation been certified or recognized as the represent- of the immigration laws. ative of the employees of the employer under mitting a written notice of withdrawal to ‘‘(4)(A) Notwithstanding any other provi- applicable law, an employee may only be re- the employer of the employee. sion of law (including section 6103 of the In- quired to participate in such a program in ‘‘(c) PROHIBITION OF COERCION.— ternal Revenue Code of 1986), if more than accordance with the agreement. ‘‘(1) IN GENERAL.—An employer shall not one person reports earnings for an individual ‘‘(b) BIWEEKLY WORK PROGRAMS.— directly or indirectly intimidate, threaten, during a single tax year, the Commissioner ‘‘(1) IN GENERAL.—Notwithstanding section or coerce, or attempt to intimidate, threat- of Social Security shall provide the Sec- 7, an employer may establish biweekly work en, or coerce, any employee for the purpose retary of Homeland Security information re- programs that— of interfering with the rights of the em- garding the name, date of birth, and address ‘‘(A) allow the use of a biweekly work ployee under this section to elect or not to of the individual, and the name and address schedule— elect to work a biweekly work schedule. of the each person reporting earnings for ‘‘(i) that consists of a basic work require- ‘‘(2) DEFINITION.—In paragraph (1), the that individual. ment of not more than 80 hours, over a 2- term ‘intimidate, threaten, or coerce’ in- ‘‘(B) The information described in subpara- week period; and cludes promising to confer or conferring any graph (A) shall be provided in an electronic ‘‘(ii) in which more than 40 hours of the benefit (such as appointment, promotion, or form agreed upon by the Commissioner and work requirement may occur in a week of compensation) or effecting or threatening to the period, except that no more than 10 the Secretary for the sole purpose of enforc- effect any reprisal (such as deprivation of ap- hours may be shifted between the 2 weeks in- ing the immigration laws. pointment, promotion, or compensation). ‘‘(C) The Secretary, in consultation with volved; and the Commissioner, may limit or modify the ‘‘(B) provides that an employee partici- ‘‘(d) DEFINITIONS.—In this section: requirements of this paragraph, as appro- pating in the program is compensated for ‘‘(1) BASIC WORK REQUIREMENT.—The term priate, to identify the cases posing the high- overtime hours in accordance with para- ‘basic work requirement’ means the number est possibility of fraudulent use of social se- graph (4). of hours, excluding overtime hours, that an curity account numbers related to violation ‘‘(2) CONDITIONS.—An employer may carry employee is required to work or is required of the immigration laws. out a biweekly work program described in to account for by leave or otherwise.

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‘‘(2) COLLECTIVE BARGAINING.—The term (3) NOTICE TO EMPLOYEES.—Not later than ‘‘(B) provides that an employee partici- ‘collective bargaining’ means the perform- 30 days after the date of enactment of this pating in the program is compensated for ance of the mutual obligation of the rep- section, the Secretary of Labor shall revise overtime hours in accordance with para- resentative of an employer and the labor or- the materials the Secretary provides, under graph (4). ganization that has been certified or recog- regulations contained in section 516.4 of title ‘‘(2) CONDITIONS.—An employer may carry nized as the representative of the employees 29, Code of Federal Regulations, to employ- out a biweekly work program described in of the employer under applicable law to meet ers for purposes of a notice explaining the paragraph (1) for employees only pursuant to at reasonable times and to consult and bar- Fair Labor Standards Act of 1938 (29 U.S.C. the following: gain in a good-faith effort to reach agree- 201 et seq.) to employees so that the notice ‘‘(A) AGREEMENT.—The program may be ment with respect to the conditions of em- reflects the amendments made to the Act by carried out only in accordance with— ployment affecting such employees and to this section. ‘‘(i) applicable provisions of a collective execute, if requested by either party, a writ- (b) CONGRESSIONAL COVERAGE.—Section 203 bargaining agreement between the employer ten document incorporating any collective of the Congressional Accountability Act of and the labor organization that has been cer- bargaining agreement reached, but the obli- 1995 (2 U.S.C. 1313) is amended— tified or recognized as the representative of gation referred to in this paragraph shall not (1) in subsection (a)— the employees under applicable law; or compel either party to agree to a proposal or (A) in paragraph (1), by striking ‘‘and sec- ‘‘(ii) in the case of an employee who is not to make a concession. tion 12(c)’’ and inserting ‘‘section 12(c), and represented by a labor organization de- ‘‘(3) COLLECTIVE BARGAINING AGREEMENT.— section 13A’’; and scribed in clause (i), a written agreement ar- The term ‘collective bargaining agreement’ (B) by striking paragraph (3); rived at between the employer and employee means an agreement entered into as a result (2) in subsection (b)— before the performance of the work involved of collective bargaining. (A) by striking ‘‘The remedy’’ and insert- if the agreement was entered into knowingly ‘‘(4) EMPLOYEE.—The term ‘employee’ ing the following: and voluntarily by such employee and was means an individual— ‘‘(1) IN GENERAL.—Except as provided in not a condition of employment. ‘‘(A) who is an employee (as defined in sec- paragraph (2), the remedy’’; and ‘‘(B) STATEMENT OF VOLUNTARY PARTICIPA- tion 3); (B) by adding at the end the following: TION.—The program shall apply to an em- ‘‘(B) who is not an employee of a public ‘‘(2) BIWEEKLY WORK PROGRAMS AND FLEXI- ployee described in subparagraph (A)(ii) if agency; and BLE CREDIT HOURS PROGRAMS.—The remedy such employee has affirmed, in a written ‘‘(C) to whom section 7(a) applies. for a violation of subsection (a) relating to statement that is made, kept, and preserved ‘‘(5) EMPLOYER.—The term ‘employer’ does the requirements of section 13A of the Fair in accordance with section 11(c), that the not include a public agency. Labor Standards Act of 1938 shall be such employee has voluntarily chosen to partici- ‘‘(6) OVERTIME HOURS.—The term ‘overtime remedy as would be appropriate if awarded pate in the program. hours’ when used with respect to biweekly under sections 16 and 17 of such Act (29 ‘‘(C) MINIMUM SERVICE.—No employee may work programs under subsection (b), means U.S.C. 216, 217) for such a violation.’’; and participate, or agree to participate, in the all hours worked in excess of the biweekly (3) in subsection (c), by striking paragraph program unless the employee has been em- work schedule involved, in excess of the al- (4). ployed for at least 12 months by the em- lotted 50 hours a week, or in excess of the al- (c) TERMINATION.—The authority provided ployer, and for at least 1,250 hours of service lotted 80 hours in the 2-week period involved, by this section and the amendments made by with the employer during the previous 12- that are requested in advance by an em- this section terminates 5 years after the date month period. ployer. of enactment of this section. ‘‘(3) COMPENSATION FOR HOURS IN SCHED- ‘‘(7) REGULAR RATE.—The term ‘regular ULE.—Notwithstanding section 7, in the case rate’ has the meaning given the term in sec- SA 171. Mr. GREGG (for himself, Mr. of an employee participating in such a bi- tion 7(e).’’. SUNUNU, and Mr. ISAKSON) submitted weekly work program, the employee shall be (2) REMEDIES.— an amendment intended to be proposed compensated for each hour in such a bi- (A) PROHIBITIONS.—Section 15(a)(3) of the to amendment SA 100 proposed by Mr. weekly work schedule at a rate not less than Fair Labor Standards Act of 1938 (29 U.S.C. REID (for Mr. BAUCUS) to the bill H.R. the regular rate at which the employee is 215(a)(3)) is amended— 2, to amend the Fair Labor Standards employed. (i) by inserting ‘‘(A)’’ after ‘‘(3)’’; Act of 1938 to provide for an increase in ‘‘(4) OVERTIME COMPENSATION PROVISION.— (ii) by adding ‘‘or’’ after the semicolon; and An employee participating in such a bi- (iii) by adding at the end the following: the Federal minimum wage; which was weekly work program shall be compensated ‘‘(B) to violate any of the provisions of sec- ordered to lie on the table; as follows: for each overtime hour at a rate not less tion 13A;’’. At the appropriate place, insert the fol- than one and one-half times the regular rate (B) REMEDIES AND SANCTIONS.—Section 16 lowing: at which the employee is employed, in ac- of the Fair Labor Standards Act of 1938 (29 SEC. ll. EMPLOYEE OPTION TIME. cordance with section 7(a)(1). U.S.C. 216) is amended— (a) BIWEEKLY WORK PROGRAMS.— ‘‘(5) DISCONTINUANCE OF PROGRAM OR WITH- (i) in subsection (c)— (1) IN GENERAL.—The Fair Labor Standards DRAWAL.— (I) in the first sentence— Act of 1938 is amended by inserting after sec- ‘‘(A) DISCONTINUANCE OF PROGRAM.—An em- (aa) by inserting after ‘‘7 of this Act’’ the tion 13 (29 U.S.C. 213) the following: ployer that has established a biweekly work following: ‘‘, or of the appropriate legal or ‘‘SEC. 13A. BIWEEKLY WORK PROGRAMS. program under paragraph (1) may dis- monetary equitable relief owing to any em- ‘‘(a) VOLUNTARY PARTICIPATION.— continue the program for employees de- ployee or employees under section 13A’’; and ‘‘(1) OPTION OF EMPLOYEE.—Except as pro- scribed in paragraph (2)(A)(ii) after providing (bb) by striking ‘‘wages or unpaid overtime vided in paragraph (2), no employee may be 30 days’ written notice to the employees who compensation and’’ and inserting ‘‘wages, required to participate in a program de- are subject to an agreement described in unpaid overtime compensation, or legal or scribed in this section. Participation in a paragraph (2)(A)(ii). monetary equitable relief, as appropriate, program described in this section may not be ‘‘(B) WITHDRAWAL.—An employee may and’’; a condition of employment. withdraw an agreement described in para- (II) in the second sentence, by striking ‘‘(2) COLLECTIVE BARGAINING AGREEMENT.— graph (2)(A)(ii) at the end of any 2-week pe- ‘‘wages or overtime compensation and’’ and In a case in which a valid collective bar- riod described in paragraph (1)(A)(i), by sub- inserting ‘‘wages, unpaid overtime com- gaining agreement exists between an em- mitting a written notice of withdrawal to pensation, or legal or monetary equitable re- ployer and the labor organization that has the employer of the employee. lief, as appropriate, and’’; and been certified or recognized as the represent- ‘‘(c) PROHIBITION OF COERCION.— (III) in the third sentence— ative of the employees of the employer under ‘‘(1) IN GENERAL.—An employer shall not (aa) by inserting after ‘‘first sentence of applicable law, an employee may only be re- directly or indirectly intimidate, threaten, such subsection’’ the following: ‘‘, or the sec- quired to participate in such a program in or coerce, or attempt to intimidate, threat- ond sentence of such subsection in the event accordance with the agreement. en, or coerce, any employee for the purpose of a violation of section 13A,’’; and ‘‘(b) BIWEEKLY WORK PROGRAMS.— of interfering with the rights of the em- (bb) by striking ‘‘wages or unpaid overtime ‘‘(1) IN GENERAL.—Notwithstanding section ployee under this section to elect or not to compensation under sections 6 and 7 or’’ and 7, an employer may establish biweekly work elect to work a biweekly work schedule. inserting ‘‘wages, unpaid overtime com- programs that— ‘‘(2) DEFINITION.—In paragraph (1), the pensation, or legal or monetary equitable re- ‘‘(A) allow the use of a biweekly work term ‘intimidate, threaten, or coerce’ in- lief, as appropriate, or’’; and schedule— cludes promising to confer or conferring any (ii) in subsection (e)— ‘‘(i) that consists of a basic work require- benefit (such as appointment, promotion, or (I) in the second sentence, by striking ment of not more than 80 hours, over a 2- compensation) or effecting or threatening to ‘‘section 6 or 7’’ and inserting ‘‘section 6, 7, week period; and effect any reprisal (such as deprivation of ap- or 13A’’; and ‘‘(ii) in which more than 40 hours of the pointment, promotion, or compensation). (II) in the fourth sentence, in paragraph work requirement may occur in a week of ‘‘(d) DEFINITIONS.—In this section: (3), by striking ‘‘15(a)(4) or’’ and inserting the period, except that no more than 10 ‘‘(1) BASIC WORK REQUIREMENT.—The term ‘‘15(a)(4), a violation of section 15(a)(3)(B), hours may be shifted between the 2 weeks in- ‘basic work requirement’ means the number or’’. volved; and of hours, excluding overtime hours, that an

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S989 employee is required to work or is required ‘‘15(a)(4), a violation of section 15(a)(3)(B), ‘‘(2) limitation and prevention of access to to account for by leave or otherwise. or’’. controls of specified agricultural chemicals ‘‘(2) COLLECTIVE BARGAINING.—The term (3) NOTICE TO EMPLOYEES.—Not later than stored at the facility, ‘collective bargaining’ means the perform- 30 days after the date of enactment of this ‘‘(3) tagging, locking tank valves, and ance of the mutual obligation of the rep- section, the Secretary of Labor shall revise chemical additives to prevent the theft of resentative of an employer and the labor or- the materials the Secretary provides, under specified agricultural chemicals or to render ganization that has been certified or recog- regulations contained in section 516.4 of title such chemicals unfit for illegal use, nized as the representative of the employees 29, Code of Federal Regulations, to employ- ‘‘(4) protection of the perimeter of speci- of the employer under applicable law to meet ers for purposes of a notice explaining the fied agricultural chemicals, at reasonable times and to consult and bar- Fair Labor Standards Act of 1938 (29 U.S.C. ‘‘(5) installation of security lighting, cam- gain in a good-faith effort to reach agree- 201 et seq.) to employees so that the notice eras, recording equipment, and intrusion de- ment with respect to the conditions of em- reflects the amendments made to the Act by tection sensors, ployment affecting such employees and to this section. ‘‘(6) implementation of measures to in- execute, if requested by either party, a writ- (b) CONGRESSIONAL COVERAGE.—Section 203 crease computer or computer network secu- ten document incorporating any collective of the Congressional Accountability Act of rity, bargaining agreement reached, but the obli- 1995 (2 U.S.C. 1313) is amended— ‘‘(7) conducting a security vulnerability as- gation referred to in this paragraph shall not (1) in subsection (a)— sessment, compel either party to agree to a proposal or (A) in paragraph (1), by striking ‘‘and sec- ‘‘(8) implementing a site security plan, and to make a concession. tion 12(c)’’ and inserting ‘‘section 12(c), and ‘‘(9) such other measures for the protection ‘‘(3) COLLECTIVE BARGAINING AGREEMENT.— section 13A’’; and of specified agricultural chemicals as the The term ‘collective bargaining agreement’ (B) by striking paragraph (3); Secretary may identify in regulation. means an agreement entered into as a result (2) in subsection (b)— Amounts described in the preceding sentence of collective bargaining. (A) by striking ‘‘The remedy’’ and insert- shall be taken into account only to the ex- ‘‘(4) EMPLOYEE.—The term ‘employee’ ing the following: tent that such amounts are paid or incurred means an individual— ‘‘(1) IN GENERAL.—Except as provided in for the purpose of protecting specified agri- ‘‘(A) who is an employee (as defined in sec- paragraph (2), the remedy’’; and cultural chemicals. tion 3); (B) by adding at the end the following: ‘‘(e) ELIGIBLE AGRICULTURAL BUSINESS.— ‘‘(B) who is not an employee of a public ‘‘(2) BIWEEKLY WORK PROGRAMS AND FLEXI- For purposes of this section, the term ‘eligi- agency; and BLE CREDIT HOURS PROGRAMS.—The remedy ble agricultural business’ means any person ‘‘(C) to whom section 7(a) applies. for a violation of subsection (a) relating to in the trade or business of— ‘‘(5) EMPLOYER.—The term ‘employer’ does the requirements of section 13A of the Fair ‘‘(1) selling agricultural products, includ- not include a public agency. Labor Standards Act of 1938 shall be such ing specified agricultural chemicals, at re- ‘‘(6) OVERTIME HOURS.—The term ‘overtime remedy as would be appropriate if awarded tail predominantly to farmers and ranchers, hours’ when used with respect to biweekly under sections 16 and 17 of such Act (29 or work programs under subsection (b), means U.S.C. 216, 217) for such a violation.’’; and ‘‘(2) manufacturing, formulating, distrib- all hours worked in excess of the biweekly (3) in subsection (c), by striking paragraph uting, or aerially applying specified agricul- work schedule involved, in excess of the al- (4). tural chemicals. lotted 50 hours a week, or in excess of the al- (c) TERMINATION.—The authority provided ‘‘(f) SPECIFIED AGRICULTURAL CHEMICAL.— lotted 80 hours in the 2-week period involved, by this section and the amendments made by For purposes of this section, the term ‘speci- that are requested in advance by an em- this section terminates 5 years after the date fied agricultural chemical’ means— ployer. of enactment of this section. ‘‘(1) any fertilizer commonly used in agri- ‘‘(7) REGULAR RATE.—The term ‘regular cultural operations which is listed under— rate’ has the meaning given the term in sec- Mr. ROBERTS submitted an ‘‘(A) section 302(a)(2) of the Emergency tion 7(e).’’. SA 172. amendment intended to be proposed by Planning and Community Right-to-Know (2) REMEDIES.— Act of 1986, (A) PROHIBITIONS.—Section 15(a)(3) of the him to the bill H.R. 2, to amend the Fair Labor Standards Act of 1938 to ‘‘(B) section 101 of part 172 of title 49, Code Fair Labor Standards Act of 1938 (29 U.S.C. of Federal Regulations, or 215(a)(3)) is amended— provide for an increase in the Federal ‘‘(C) part 126, 127, or 154 of title 33, Code of (i) by inserting ‘‘(A)’’ after ‘‘(3)’’; minimum wage; which was ordered to Federal Regulations, and (ii) by adding ‘‘or’’ after the semicolon; and lie on the table; as follows: ‘‘(2) any pesticide (as defined in section (iii) by adding at the end the following: 2(u) of the Federal Insecticide, Fungicide, ‘‘(B) to violate any of the provisions of sec- At the appropriate place insert the fol- and Rodenticide Act), including all active tion 13A;’’. lowing: and inert ingredients thereof, which is cus- (B) REMEDIES AND SANCTIONS.—Section 16 SEC. ll. AGRICULTURAL CHEMICALS SECURITY tomarily used on crops grown for food, feed, of the Fair Labor Standards Act of 1938 (29 CREDIT. or fiber. U.S.C. 216) is amended— (a) IN GENERAL.—Subpart D of part IV of subchapter A of chapter 1 (relating to busi- ‘‘(g) CONTROLLED GROUPS.—Rules similar (i) in subsection (c)— to the rules of paragraphs (1) and (2) of sec- (I) in the first sentence— ness related credits) is amended by adding at the end the following new section: tion 41(f) shall apply for purposes of this sec- (aa) by inserting after ‘‘7 of this Act’’ the tion. following: ‘‘, or of the appropriate legal or ‘‘SEC. 45O. AGRICULTURAL CHEMICALS SECU- ‘‘(h) REGULATIONS.—The Secretary may monetary equitable relief owing to any em- RITY CREDIT. prescribe such regulations as may be nec- ployee or employees under section 13A’’; and ‘‘(a) IN GENERAL.—For purposes of section essary or appropriate to carry out the pur- (bb) by striking ‘‘wages or unpaid overtime 38, in the case of an eligible agricultural poses of this section, including regulations compensation and’’ and inserting ‘‘wages, business, the agricultural chemicals security which— unpaid overtime compensation, or legal or credit determined under this section for the ‘‘(1) provide for the proper treatment of monetary equitable relief, as appropriate, taxable year is 30 percent of the qualified se- amounts which are paid or incurred for pur- and’’; curity expenditures for the taxable year. pose of protecting any specified agricultural (II) in the second sentence, by striking ‘‘(b) FACILITY LIMITATION.—The amount of chemical and for other purposes, and ‘‘wages or overtime compensation and’’ and the credit determined under subsection (a) ‘‘(2) provide for the treatment of related inserting ‘‘wages, unpaid overtime com- with respect to any facility for any taxable properties as one facility for purposes of sub- pensation, or legal or monetary equitable re- year shall not exceed— section (b). lief, as appropriate, and’’; and ‘‘(1) $100,000, reduced by ‘‘(i) TERMINATION.—This section shall not (III) in the third sentence— ‘‘(2) the aggregate amount of credits deter- apply to any amount paid or incurred after (aa) by inserting after ‘‘first sentence of mined under subsection (a) with respect to December 31, 2010.’’. such subsection’’ the following: ‘‘, or the sec- such facility for the 5 prior taxable years. (b) CREDIT ALLOWED AS PART OF GENERAL ond sentence of such subsection in the event ‘‘(c) ANNUAL LIMITATION.—The amount of BUSINESS CREDIT.—Section 38(b) is amended of a violation of section 13A,’’; and the credit determined under subsection (a) by striking ‘‘plus’’ at the end of paragraph (bb) by striking ‘‘wages or unpaid overtime with respect to any taxpayer for any taxable (30), by striking the period at the end of compensation under sections 6 and 7 or’’ and year shall not exceed $2,000,000. paragraph (31) and inserting ‘‘, plus’’, and by inserting ‘‘wages, unpaid overtime com- ‘‘(d) QUALIFIED CHEMICAL SECURITY EX- adding at the end the following new para- pensation, or legal or monetary equitable re- PENDITURE.—For purposes of this section, the graph: lief, as appropriate, or’’; and term ‘qualified chemical security expendi- ‘‘(32) in the case of an eligible agricultural (ii) in subsection (e)— ture’ means, with respect to any eligible ag- business (as defined in section 45O(e)), the (I) in the second sentence, by striking ricultural business for any taxable year, any agricultural chemicals security credit deter- ‘‘section 6 or 7’’ and inserting ‘‘section 6, 7, amount paid or incurred by such business mined under section 45O(a).’’. or 13A’’; and during such taxable year for— (c) DENIAL OF DOUBLE BENEFIT.—Section (II) in the fourth sentence, in paragraph ‘‘(1) employee security training and back- 280C is amended by adding at the end the fol- (3), by striking ‘‘15(a)(4) or’’ and inserting ground checks, lowing new subsection:

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S990 CONGRESSIONAL RECORD — SENATE January 23, 2007 ‘‘(f) CREDIT FOR SECURITY OF AGRICULTURAL him to the bill H.R. 2, to amend the (1) PREMIUMS FOR LOW PREMIUM HEALTH CHEMICALS.—No deduction shall be allowed Fair Labor Standards Act of 1938 to PLANS TREATED AS QUALIFIED MEDICAL EX- for that portion of the expenses (otherwise provide for an increase in the Federal PENSES.—Subparagraph (C) of section allowable as a deduction) taken into account minimum wage; which was ordered to 223(d)(2) is amended by striking ‘‘or’’ at the in determining the credit under section 45O end of clause (iii), by striking the period at for the taxable year which is equal to the lie on the table; as follows: the end of clause (iv) and inserting ‘‘, or’’, amount of the credit determined for such At the appropriate place, insert the fol- and by adding at the end the following new taxable year under section 45O(a).’’. lowing: clause: (d) CLERICAL AMENDMENT.—The table of SEC. ll. PROVISIONS TO IMPROVE AND EXPAND ‘‘(v) a high deductible health plan, but only sections for subpart D of part IV of sub- THE AVAILABILITY OF HEALTH SAV- if the expenses are for coverage for a month chapter A of chapter 1 is amended by adding INGS ACCOUNTS. with respect to which the account bene- (a) PROVISIONS RELATING TO ELIGIBILITY TO at the end the following new item: ficiary is an eligible individual by reason of CONTRIBUTE TO HSAS.— ‘‘Sec. 45O. Agricultural chemicals security the coverage under the plan.’’. (1) INDIVIDUALS ELIGIBLE FOR REIMBURSE- credit.’’. (2) SPECIAL RULE FOR CERTAIN MEDICAL EX- MENT UNDER SPOUSE’S FLEXIBLE SPENDING AR- PENSES INCURRED BEFORE ESTABLISHMENT OF (e) EFFECTIVE DATE.—The amendments RANGEMENT.—Section 223(c)(1) (defining eligi- ACCOUNT.—Paragraph (2) of section 223(d) is made by this section shall apply to amounts ble individual) is amended by adding at the amended by adding at the end the following paid or incurred after December 31, 2006. end the following new subparagraph: new subparagraph: ‘‘(C) SPECIAL RULE FOR CERTAIN FLEXIBLE ‘‘(D) CERTAIN MEDICAL EXPENSES INCURRED SA 173. Mr. KERRY submitted an SPENDING ARRANGEMENTS.—For purposes of BEFORE ESTABLISHMENT OF ACCOUNT TREATED amendment intended to be proposed to subparagraph (A)(ii), an individual shall not AS QUALIFIED.—An expense shall not fail to amendment SA 112 submitted by Mr. be treated as covered under a health plan de- be treated as a qualified medical expense SUNUNU to the amendment SA 100 pro- scribed in such subparagraph merely because solely because such expense was incurred be- the individual is covered under a flexible posed by Mr. REID (Mr. BAUCUS) to the fore the establishment of the health savings spending arrangement (within the meaning bill H.R. 2, to amend the Fair Labor account if such expense was incurred— of section 106(c)(2)) which is maintained by Standards Act of 1938 to provide for an ‘‘(i) during either— an employer of the spouse of the individual, increase in the Federal minimum wage; ‘‘(I) the taxable year in which the health but only if— savings account was established, or which was ordered to lie on the table; ‘‘(i) the employer is not also the employer ‘‘(II) the preceding taxable year in the case as follows: of the individual, and of a health savings account established after In lieu of the matter proposed to be in- ‘‘(ii) the individual certifies to the em- the taxable year in which such expense was serted, insert the following: ployer and to the Secretary (in such form incurred but before the time prescribed by SEC. ll. SUSTAINABILITY PROGRAM. and manner as the Secretary may prescribe) law for filing the return for such taxable (a) IN GENERAL.—Section 29(l) of the Small that the individual and the individual’s year (not including extensions thereof), and Business Act (15 U.S.C. 656(l)) is amended— spouse will not accept reimbursement under ‘‘(ii) for medical care of an individual dur- (1) in the subsection heading, by striking the arrangement for any expenses for med- ing a period that such individual was an eli- ‘‘PILOT’’; ical care provided to the individual.’’. gible individual. (2) in paragraph (1), by striking ‘‘4-year (2) INDIVIDUALS OVER AGE 65 AUTOMATICALLY pilot’’; and ENROLLED IN MEDICARE PART A.—Section For purposes of clause (ii), an individual (3) in paragraph (5), by striking ‘‘pilot’’. 223(b)(7) (relating to contribution limitation shall be treated as an eligible individual for (b) CONFORMING AMENDMENTS.—Section on medicare eligible individuals) is amended any portion of a month the individual is de- 29(k) of the Small Business Act (15 U.S.C. by adding at the end the following new sen- scribed in subsection (c)(1), determined with- 656(k)) is amended— tence: ‘‘This paragraph shall not apply to out regard to whether the individual is cov- (1) in paragraph (1), by striking ‘‘pilot’’; any individual during any period the individ- ered under a high deductible health plan on (2) in paragraph (4)— ual’s only entitlement to such benefits is an the 1st day of such month.’’. (A) in the paragraph heading, by striking entitlement to hospital insurance benefits (d) EFFECTIVE DATE.—The amendments ‘‘PILOT’’; under part A of title XVIII of such Act pur- made by this section shall apply to taxable (B) in subparagraph (A), by adding at the suant to an automatic enrollment for such years beginning after December 31, 2007. end the following: hospital insurance benefits under the regula- ‘‘(v) For fiscal years 2007 and 2008, not less tions under section 226(a)(1) of such Act.’’ f than 41 percent.’’; and (3) INDIVIDUALS ELIGIBLE FOR CERTAIN VET- (C) in the heading for subparagraph (B), by ERANS BENEFITS.—Section 223(c)(1) (defining striking ‘‘PILOT’’. eligible individual), as amended by sub- NOTICES OF HEARINGS/MEETINGS section (a), is amended by adding at the end COMMITTEE ON ENERGY AND NATURAL SA 174. Mr. KERRY submitted an the following new subparagraph: RESOURCES amendment intended to be proposed by ‘‘(D) SPECIAL RULE FOR INDIVIDUALS ELIGI- him to the bill H.R. 2, to amend the BLE FOR CERTAIN VETERANS BENEFITS.—For Mr. BINGAMAN. Mr. President, I Fair Labor Standards Act of 1938 to purposes of subparagraph (A)(ii), an indi- would like to announce for the infor- provide for an increase in the Federal vidual shall not be treated as covered under mation of the Senate and the public minimum wage; which was ordered to a health plan described in such subparagraph that an oversight hearing has been lie on the table; as follows: merely because the individual receives peri- scheduled before the Committee on En- odic hospital care or medical services for a ergy and Natural Resources. At the appropriate place, insert the fol- service-connected disability under any law lowing: administered by the Secretary of Veterans The hearing will be held on Tuesday, SEC. ll. SUSTAINABILITY PROGRAM. Affairs but only if the individual is not eligi- February 13, 2007, at 10:00 a.m. in room (a) IN GENERAL.—Section 29(l) of the Small ble to receive such care or services for any SD–106 of the Dirksen Senate Office Business Act (15 U.S.C. 656(l)) is amended— condition other than a service-connected dis- Building. (1) in the subsection heading, by striking ability.’’. The purpose of this hearing is to re- ‘‘PILOT’’; (b) FAMILY PLAN MAY HAVE INDIVIDUAL AN- ceive testimony on the Stern Review of (2) in paragraph (1), by striking ‘‘4-year NUAL DEDUCTIBLE LIMIT.—Section 223(c)(2) pilot’’; and (defining high deductible health plan) is the Economics of Climate Change, ex- (3) in paragraph (5), by striking ‘‘pilot’’. amended by adding at the end the following amining the economic impacts of cli- (b) CONFORMING AMENDMENTS.—Section new subparagraph: mate change and stabilizing green- 29(k) of the Small Business Act (15 U.S.C. ‘‘(E) SPECIAL RULE FOR FAMILY COVERAGE.— house gases in the atmosphere. 656(k)) is amended— A health plan providing family coverage Because of the limited time available (1) in paragraph (1), by striking ‘‘pilot’’; shall not fail to meet the requirements of for the hearing, witnesses may testify (2) in paragraph (4)— subparagraph (A)(i)(II) merely because the (A) in the paragraph heading, by striking plan elects to provide both— by invitation only. However, those ‘‘PILOT’’; ‘‘(i) an aggregate annual deductible limit wishing to submit written testimony (B) in subparagraph (A), by adding at the for all individuals covered by the plan which for the hearing record should send two end the following: is not less than the amount in effect under copies of their testimony to the Com- ‘‘(v) For fiscal years 2007 and 2008, not less subparagraph (A)(i)(II), and mittee on Energy and Natural Re- than 41 percent.’’; and ‘‘(ii) an annual deductible limit for each sources, United States Senate, Wash- (C) in the heading for subparagraph (B), by individual covered by the plan which is not ington, DC 20510–6150. striking ‘‘PILOT’’. less than the amount in effect under sub- paragraph (A)(i)(I).’’. For further information, please con- SA 175. Mr. HATCH submitted an (c) DEFINITION OF QUALIFIED MEDICAL EX- tact Jonathan Black at (202) 224–6722 or amendment intended to be proposed by PENSES.— Amanda Kelly at (202) 224–5836.

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COMMITTEE ON ENERGY AND NATURAL SELECT COMMITTEE ON INTELLIGENCE Sec. 215. Disclosure by registered lobbyists RESOURCES Mr. KENNEDY. Mr. President, I ask of all past executive and Con- Mr. BINGAMAN. Mr. President, I unanimous consent that the Select gressional employment. Sec. 216. Increased penalty for failure to would like to announce for the infor- Committee on Intelligence be author- mation of the Senate and the public comply with lobbying disclo- ized to meet during the session of the sure requirements. that an oversight hearing has been Senate on January 23, 2007 at 2:30 p.m. Sec. 217. Disclosure of lobbying activities by scheduled before the Committee on En- to hold a hearing. certain coalitions and associa- ergy and Natural Resources. The PRESIDING OFFICER. Without tions. The hearing will be held on Tuesday, objection, it is so ordered. Sec. 218. Disclosure of enforcement for non- compliance. January 30, 2007, at 2:30 p.m. in room f SD–366 of the Dirksen Senate Office Sec. 219. Electronic filing of lobbying disclo- Building. LEGISLATIVE TRANSPARENCY sure reports. AND ACCOUNTABILITY ACT OF 2007 Sec. 220. Electronic filing and public data- The purpose of this hearing is to re- base for lobbyists for foreign ceive testimony on transportation sec- On Thursday, January 18, 2007, the governments. tor fuel efficiency, including challenges Senate passed S. 1, as amended, as fol- Sec. 221. Additional lobbying disclosure re- to and incentives for increased oil sav- lows: quirements. Sec. 222. Increased criminal penalties for ings through technological innovation S. 1 failure to comply with lobbying including plug-in hybrids. Be it enacted by the Senate and House of Rep- Because of the limited time available disclosure requirements. resentatives of the United States of America in Sec. 223. Effective date. for the hearing, witnesses may testify Congress assembled, by invitation only. However, those Subtitle B—Oversight of Ethics and SECTION 1. TABLE OF CONTENTS. Lobbying wishing to submit written testimony The table of contents for this Act is as fol- Sec. 231. Comptroller General audit and an- for the hearing record should send two lows: nual report. copies of their testimony to the Com- Sec. 1. Table of contents. Sec. 232. Mandatory Senate ethics training mittee on Energy and Natural Re- TITLE I—LEGISLATIVE TRANSPARENCY for Members and staff. sources, United States Senate, Wash- AND ACCOUNTABILITY ACT OF 2007 Sec. 233. Sense of the Senate regarding self- regulation within the Lobbying ington, DC 20510–6150. Sec. 101. Short title. community. For further information, please con- Sec. 102. Out of scope matters in conference Sec. 234. Annual ethics committees reports. tact Michael Carr at (202) 224–8164 or reports. Rachael Pasternack at (202) 224–0883. Sec. 103. Congressional earmark reform. Subtitle C—Slowing the Revolving Door Sec. 241. Amendments to restrictions on f Sec. 104. Availability of conference reports on the Internet. former officers, employees, and AUTHORITY FOR COMMITTEES TO Sec. 105. Sense of the Senate on conference elected officials of the execu- MEET committee protocols. tive and legislative branches. Sec. 106. Elimination of floor privileges for Subtitle D—Ban on Provision of Gifts or COMMITTEE ON ARMED SERVICES former Members, Senate Offi- Travel by Lobbyists in Violation of the Mr. KENNEDY. Mr. President, I ask cers, and Speakers of the House Rules of Congress unanimous consent that the Com- who are lobbyists or seek finan- Sec. 251. Prohibition on provision of gifts or mittee on Armed Services be author- cial gain. travel by registered lobbyists ized to meet during the session of the Sec. 107. Proper valuation of tickets to en- to Members of Congress and to Senate on Tuesday, January 23, 2007, at tertainment and sporting Congressional employees. 9:30 a.m., in open session to consider events. Subtitle E—Commission to Strengthen the nomination of LTG David H. Sec. 108. Ban on gifts from lobbyists and en- Confidence in Congress Act of 2007 Petraeus, USA, to be General and Com- tities that hire lobbyists. Sec. 108A. National party conventions. Sec. 261. Short title. Sec. 262. Establishment of commission. mander, Multi-National Forces-Iraq. Sec. 109. Restrictions on lobbyist participa- Sec. 263. Purposes. The PRESIDING OFFICER. Without tion in travel and disclosure. objection, it is so ordered. Sec. 264. Composition of commission. Sec. 110. Restrictions on former officers, em- Sec. 265. Functions of commission. COMMITTEE ON FOREIGN RELATIONS ployees, and elected officials of Sec. 266. Powers of commission. Mr. KENNEDY. Mr. President, I ask the executive and legislative Sec. 267. Administration. unanimous consent that the Com- branch. Sec. 268. Security clearances for commission mittee on Foreign Relations be author- Sec. 111. Post employment restrictions. Members and staff. Sec. 112. Disclosure by Members of Congress ized to meet during the session of the Sec. 269. Commission reports; termination. and staff of employment nego- Sec. 270. Funding. Senate on Tuesday, January 23, 2007 at tiations. 9:15 a.m. to hold a hearing on Iraq. TITLE III—CONGRESSIONAL PENSION Sec. 113. Prohibit official contact with ACCOUNTABILITY The PRESIDING OFFICER. Without spouse or immediate family Sec. 301. Short title. objection, it is so ordered. member of Member who is a Sec. 302. Denial of retirement benefits. COMMITTEE ON FOREIGN RELATIONS registered lobbyist. Sec. 303. Constitutional authority. Mr. KENNEDY. Mr. President, I ask Sec. 114. Influencing hiring decisions. Sec. 304. Effective date. unanimous consent that the Com- Sec. 115. Sense of the Senate that any appli- cable restrictions on Congres- TITLE IV—GENERAL PROVISIONS mittee on Foreign Relations be author- sional branch employees should Sec. 401. Knowing and willful falsification or ized to meet during the session of the apply to the Executive and Ju- failure to report. Senate on Tuesday, January 23, 2007 at dicial branches. Sec. 402. Public availability of Senate com- 2:30 p.m. to hold a hearing on Iraq. Sec. 116. Amounts of COLA adjustments not mittee and subcommittee The PRESIDING OFFICER. Without paid to certain Members of Con- meeetings. objection, it is so ordered. gress. Sec. 403. Free attendance at a bona fide con- Sec. 117. Requirement of notice of intent to stituent event. COMMITTEE ON VETERANS’ AFFAIRS proceed. Sec. 404. Prohibition on financial gain from Mr. KENNEDY. Mr. President, I ask Sec. 118. CBO scoring requirement. earmarks by Members, imme- unanimous consent that the Com- Sec. 119. Effective date. diate family of Members, staff mittee on Veterans’ Affairs be author- of Members, or immediate fam- TITLE II—LOBBYING TRANSPARENCY ily of staff of Members. ized to meet during the session of the AND ACCOUNTABILITY ACT OF 2007 Senate on Tuesday, January 23, 2007, to Sec. 405. Amendments and motions to re- Sec. 201. Short title. commit. hold an oversight hearing on DOD/VA Subtitle A—Enhancing Lobbying Disclosure Sec. 406. Congressional travel public web- Collaboration and Cooperation to Meet site. the Needs of Returning Service mem- Sec. 211. Quarterly filing of lobbying disclo- sure reports. TITLE I—LEGISLATIVE TRANSPARENCY bers. The hearing will take place in Sec. 212. Quarterly reports on other con- AND ACCOUNTABILITY ACT OF 2007 room 418 of the Russell Senate Office tributions. SEC. 101. SHORT TITLE. Building. Sec. 213. Additional disclosure. This title may be cited as the ‘‘Legislative The PRESIDING OFFICER. Without Sec. 214. Public database of lobbying disclo- Transparency and Accountability Act of objection, it is so ordered. sure information. 2007’’.

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S992 CONGRESSIONAL RECORD — SENATE January 23, 2007 SEC. 102. OUT OF SCOPE MATTERS IN CON- net in a searchable format to the general ent or, if there is no specifically intended re- FERENCE REPORTS. public for at least 48 hours before consider- cipient, the intended location of the activ- (a) IN GENERAL.—A point of order may be ation of the bill or joint resolution, of con- ity; made by any Senator against any item con- gressional earmarks, limited tax benefits, ‘‘(3) in the case of a limited tax or tariff tained in a conference report that includes and limited tariff benefits in the bill (and benefit, identification of the individual or or consists of any matter not committed to the name of any Member who submitted a re- entities reasonably anticipated to benefit, to the conferees by either House. quest to the committee for each respective the extent known to the Member; (1) For the purpose of this section ‘‘matter item included in such list) or a statement ‘‘(4) the purpose of such congressional ear- not committed to the conferees by either that the proposition contains no congres- mark or limited tax or tariff benefit; and House’’ shall include any item which con- sional earmarks, limited tax benefits, or lim- ‘‘(5) a certification that the Member or sists of a specific provision containing a spe- ited tariff benefits to be printed in the Con- spouse has no financial interest in such con- cific level of funding for any specific ac- gressional Record prior to its consideration; gressional earmark or limited tax or tariff count, specific program, specific project, or or benefit. specific activity, when no such specific fund- ‘‘(c) a conference report to accompany a ‘‘(b) Each committee shall maintain the ing was provided for such specific account, bill or joint resolution unless the joint ex- written statements transmitted under sub- specific program, specific project, or specific planatory statement prepared by the man- paragraph (a). The written statements trans- activity in the measure originally com- agers on the part of the House and the man- mitted under subparagraph (a) for any con- mitted to the conferees by either House. agers on the part of the Senate includes a gressional earmarks, limited tax benefits, or (2) For the purpose of Rule XXVIII of the list, which shall be made available on the limited tariff benefits included in any meas- Standing Rules of the Senate ‘‘matter not Internet in a searchable format to the gen- ure reported by the committee or conference committed’’ shall include any item which eral public for at least 48 hours before con- report filed by the chairman of the com- consists of a specific provision containing a sideration of the conference report, of con- mittee or any subcommittee thereof shall be specific level of funding for any specific ac- gressional earmarks, limited tax benefits, published in a searchable format on the com- count, specific program, specific project, or and limited tariff benefits in the conference mittee’s or subcommittee’s website not later specific activity, when no such specific fund- report or joint statement (and the name of than 48 hours after receipt on such informa- ing was provided for such specific account, any Member, Delegate, Resident Commis- tion. specific program, specific project, or specific sioner, or Senator who submitted a request ‘‘5. It shall not be in order to consider any activity in the measure originally com- to the House or Senate committees of juris- bill, resolution, or conference report that mitted to the conferees by either House. diction for each respective item included in contains an earmark included in any classi- The point of order may be made and disposed such list) or a statement that the propo- fied portion of a report accompanying the of separately for each item in violation of sition contains no congressional earmarks, measure unless the bill, resolution, or con- this section. limited tax benefits, or limited tariff bene- ference report includes to the greatest ex- (b) DISPOSITION.—If the point of order fits. tent practicable, consistent with the need to raised against an item in a conference report ‘‘2. For the purpose of this rule— protect national security (including intel- under subsection (a) is sustained, then— ‘‘(a) the term ‘congressional earmark’ ligence sources and methods), in unclassified (1) the matter in such conference report means a provision or report language in- language, a general program description, shall be stricken; cluded primarily at the request of a Member, funding level, and the name of the sponsor of (2) when all other points of order under Delegate, Resident Commissioner, or Sen- that earmark.’’. this section have been disposed of— ator providing, authorizing or recommending SEC. 104. AVAILABILITY OF CONFERENCE RE- (A) the Senate shall proceed to consider a specific amount of discretionary budget PORTS ON THE INTERNET. the question of whether the Senate should authority, credit authority, or other spend- (a) IN GENERAL.— recede from its amendment to the House bill, ing authority for a contract, loan, loan guar- (1) AMENDMENT.—Rule XXVIII of all the or its disagreement to the amendment of the antee, grant, loan authority, or other ex- Standing Rules of the Senate is amended by House, and concur with a further amend- penditure with or to an entity, or targeted to adding at the end the following: ment, which further amendment shall con- a specific State, locality or Congressional ‘‘7. (a) It shall not be in order to consider sist of only that portion of the conference re- district, other than through a statutory or a conference report unless such report is port that has not been stricken (any modi- administrative formula-driven or competi- available to all Members and made available fication of total amounts appropriated nec- tive award process; to the general public by means of the Inter- essary to reflect the deletion of the matter ‘‘(b) the term ‘limited tax benefit’ means— net for at least 48 hours before its consider- struck from the conference report shall be ‘‘(1) any revenue provision that— ation. made); ‘‘(A) provides a Federal tax deduction, ‘‘(b) This paragraph may be waived or sus- (B) the question shall be debatable; and credit, exclusion, or preference to a par- pended in the Senate only by an affirmative (C) no further amendment shall be in ticular beneficiary or limited group of bene- vote of 3⁄5 of the Members, duly chosen and order. ficiaries under the Internal Revenue Code of sworn. An affirmative vote of 3⁄5 of the Mem- (c) SUPERMAJORITY WAIVER AND APPEAL.— 1986; and bers of the Senate, duly chosen and sworn, This section may be waived or suspended in ‘‘(B) contains eligibility criteria that are shall be required in the Senate to sustain an 3 the Senate only by an affirmative vote of ⁄5 not uniform in application with respect to appeal of the ruling of the Chair on a point of the Members, duly chosen and sworn. An potential beneficiaries of such provision; or of order raised under this paragraph. 3 affirmative vote of ⁄5 of the Members of the ‘‘(2) any Federal tax provision which pro- ‘‘8. It shall not be in order to consider a Senate, duly chosen and sworn, shall be re- vides one beneficiary temporary or perma- conference report unless the text of such re- quired in the Senate to sustain an appeal of nent transition relief from a change to the port has not been changed after the Senate the ruling of the Chair on a point of order Internal Revenue Code of 1986; and signatures sheets have been signed by a ma- raised under this section. ‘‘(c) the term ‘limited tariff benefit’ means jority of the Senate conferees.’’. SEC. 103. CONGRESSIONAL EARMARK REFORM. a provision modifying the Harmonized Tariff (2) EFFECTIVE DATE.—This subsection shall The Standing Rules of the Senate are Schedule of the United States in a manner take effect 60 days after the date of enact- amended by adding at the end the following: that benefits 10 or fewer entities. ment of this title. RULE XLIV ‘‘3. A Member may not condition the inclu- (b) IMPLEMENTATION.—Not later than 60 EARMARKS sion of language to provide funding for a con- days after the date of enactment of this gressional earmark, a limited tax benefit, or ‘‘1. It shall not be in order to consider— title, the Secretary of the Senate, in con- a limited tariff benefit in any bill or joint sultation with the Clerk of the House of Rep- ‘‘(a) a bill or joint resolution reported by a resolution (or an accompanying report) or in resentatives, the Government Printing Of- committee unless the report includes a list, any conference report on a bill or joint reso- fice, and the Committee on Rules and Ad- which shall be made available on the Inter- lution (including an accompanying joint ex- ministration, shall develop a website capable net in a searchable format to the general planatory statement of managers) on any of complying with the requirements of para- public for at least 48 hours before consider- vote cast by another Member, Delegate, or ation of the bill or joint resolution, of con- Resident Commissioner. graph 7 of rule XXVIII of the Standing Rules gressional earmarks, limited tax benefits, ‘‘4. (a) A Member who requests a congres- of the Senate, as added by subsection (a). and limited tariff benefits in the bill or in sional earmark, a limited tax benefit, or a SEC. 105. SENSE OF THE SENATE ON CON- the report (and the name of any Member who limited tariff benefit in any bill or joint res- FERENCE COMMITTEE PROTOCOLS. submitted a request to the committee for olution (or an accompanying report) or in It is the sense of the Senate that— each respective item included in such list) or any conference report on a bill or joint reso- (1) conference committees should hold reg- a statement that the proposition contains no lution (or an accompanying joint statement ular, formal meetings of all conferees that congressional earmarks, limited tax bene- of managers) shall provide a written state- are open to the public; fits, or limited tariff benefits; ment to the chairman and ranking member (2) all conferees should be given adequate ‘‘(b) a bill or joint resolution not reported of the committee of jurisdiction, including— notice of the time and place of all such meet- by a committee unless the chairman of each ‘‘(1) the name of the Member; ings; and committee of jurisdiction has caused a list, ‘‘(2) in the case of a congressional earmark, (3) all conferees should be afforded an op- which shall be made available on the Inter- the name and address of the intended recipi- portunity to participate in full and complete

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S993 debates of the matters that such conference ‘‘5. A Member may not participate in an (D) by redesignating clause (6) as clause committees may recommend to their respec- event honoring that Member at a national (7); and tive Houses. party convention if such event is paid for by (E) by inserting after clause (5) the fol- SEC. 106. ELIMINATION OF FLOOR PRIVILEGES any person or entity required to register pur- lowing: FOR FORMER MEMBERS, SENATE suant to section 4(a) of the Lobbying Disclo- ‘‘(6) a description of meetings and events OFFICERS, AND SPEAKERS OF THE sure Act of 1995, or any individual or entity attended; and’’; HOUSE WHO ARE LOBBYISTS OR identified as a lobbyist or a client in any (6) by redesignating subparagraphs (d) and SEEK FINANCIAL GAIN. current registration or report filed under (e) as subparagraphs (f) and (g), respectively; Rule XXIII of the Standing Rules of the such Act.’’. (7) by adding after subparagraph (c) the fol- Senate is amended by— SEC. 109. RESTRICTIONS ON LOBBYIST PARTICI- lowing: (1) inserting ‘‘1.’’ before ‘‘Other’’; PATION IN TRAVEL AND DISCLO- ‘‘(d) A Member, officer, or employee of the (2) inserting after ‘‘Ex-Senators and Sen- SURE. Senate may not accept a reimbursement (in- ators-elect’’ the following: ‘‘, except as pro- (a) PROHIBITION.—Paragraph 2 of rule cluding payment in kind) for transportation, vided in paragraph 2’’; XXXV is amended— lodging, or related expenses under subpara- (3) inserting after ‘‘Ex-Secretaries and ex- (1) in subparagraph (a)(1), by— graph (a) for a trip that was planned, orga- Sergeants at Arms of the Senate’’ the fol- (A) adding after ‘‘foreign principal’’ the nized, or arranged by or at the request of a lowing: ‘‘, except as provided in paragraph following: ‘‘or a private entity that retains registered lobbyist or agent of a foreign prin- 2’’; or employs 1 or more registered lobbyists or cipal, or on which a lobbyist accompanies (4) inserting after ‘‘Ex-Speakers of the agents of a foreign principal’’; the Member, officer, or employee on any seg- House of Representatives’’ the following: ‘‘, (B) striking the dash and inserting ‘‘com- ment of the trip. The Select Committee on except as provided in paragraph 2’’; and plies with the requirements of this para- Ethics shall issue regulations identifying de (5) adding at the end the following: graph.’’; and minimis activities by lobbyists or foreign ‘‘2. (a) The floor privilege provided in para- (C) striking clauses (A) and (B); agents that would not violate this subpara- graph 1 shall not apply, when the Senate is (2) by redesignating subparagraph (a)(2) as graph. in session, to an individual covered by this subparagraph (a)(3) and adding after subpara- ‘‘(e) A Member, officer, or employee shall, paragraph who is— graph (a)(1) the following: before accepting travel otherwise permis- ‘‘(1) a registered lobbyist or agent of a for- ‘‘(2) Notwithstanding clause (1), a reim- sible under this paragraph from any person— eign principal; or bursement (including payment in kind) to a ‘‘(1) provide to the Select Committee on ‘‘(2) is in the employ of or represents any Member, officer, or employee of the Senate Ethics a written certification from such per- party or organization for the purpose of in- from an individual other than a registered son that— fluencing, directly or indirectly, the passage, lobbyist or agent of a foreign principal that ‘‘(A) the trip will not be financed in any defeat, or amendment of any legislative pro- is a private entity that retains or employs part by a registered lobbyist or agent of a posal. one or more registered lobbyists or agents of foreign principal; ‘‘(b) The Committee on Rules and Adminis- a foreign principal for necessary transpor- ‘‘(B) the source either— tration may promulgate regulations to allow tation, lodging, and related expenses for ‘‘(i) does not retain or employ registered individuals covered by this paragraph floor travel to a meeting, speaking engagement, lobbyists or agents of a foreign principal and privileges for ceremonial functions and factfinding trip or similar event in connec- is not itself a registered lobbyist or agent of events designated by the Majority Leader tion with the duties of the Member, officer, a foreign principal; or and the Minority Leader. or employee shall be deemed to be a reim- ‘‘(ii) certifies that the trip meets the re- ‘‘3. A former Member of the Senate may bursement to the Senate under clause (1) if it quirements specified in rules prescribed by not exercise privileges to use Senate or is, under regulations prescribed by the Select the Select Committee on Ethics to imple- House gym or exercise facilities or member- Committee on Ethics to implement this ment subparagraph (a)(2); only parking spaces if such Member is— clause, provided only for attendance at or ‘‘(C) the source will not accept from any ‘‘(1) a registered lobbyist or agent of a for- participation for 1-day at an event (exclusive source funds earmarked directly or indi- eign principal; or of travel time and an overnight stay) de- rectly for the purpose of financing the spe- ‘‘(2) in the employ of or represents any scribed in clause (1) or sponsored by a cific trip; and party or organization for the purpose of in- 501(c)(3) organization that has been pre-ap- ‘‘(D) the trip will not in any part be fluencing, directly or indirectly, the passage, proved by the Select Committee on Ethics. planned, organized, requested, or arranged defeat, or amendment of any legislative pro- When deciding whether to pre-approve a by a registered lobbyist or agent of a foreign posal.’’. 501(c)(3) organization, the Select Committee principal and that the traveler will not be SEC. 107. PROPER VALUATION OF TICKETS TO on Ethics shall consider the stated mission accompanied on any segment of the trip by a ENTERTAINMENT AND SPORTING of the organization, the organization’s prior registered lobbyist or agent of a foreign prin- EVENTS. history of sponsoring congressional trips, cipal, except as permitted by regulations Paragraph 1(c)(1) of rule XXXV of the other educational activities performed by issued under subparagraph (d), and specifi- Standing Rules of the Senate is amended by the organization besides sponsoring congres- cally details the extent of any involvement adding at the end the following: ‘‘The mar- sional trips, whether any trips previously of a registered lobbyist or agent of a foreign ket value of a ticket to an entertainment or sponsored by the organization led to an in- principal; and sporting event shall be the face value of the vestigation by the Select Committee on Eth- ‘‘(2) after the Select Committee on Ethics ticket or, in the case of a ticket without a ics and any other factor deemed relevant by has promulgated regulations mandated in face value, the value of the most similar the Select Committee on Ethics. Regulations subparagraph (h), obtain the prior approval ticket sold by the issuer to the public. A de- to implement this clause, and the committee of the committee for such reimbursement.’’; termination of similarity shall consider all on a case-by-case basis, may permit a 2-night (8) by striking subparagraph (g), as redesig- features of the ticket, including access to stay when determined by the committee to nated, and inserting the following: parking, availability of food and refresh- be practically required to participate in the ‘‘(g) The Secretary of the Senate shall ments, and access to venue areas not open to event.’’; make all advance authorizations, certifi- the public. A ticket with no face value and (3) in subparagraph (a)(3), as redesignated, cations, and disclosures filed pursuant to for which no similar ticket is sold by the by striking ‘‘clause (1)’’ and inserting this paragraph available for public inspec- issuer to the public, shall be valued at the ‘‘clauses (1) and (2)’’; tion as soon as possible after they are re- cost of a ticket with the highest face value (4) in subparagraph (b), by inserting before ceived.’’; and for the event.’’. ‘‘Each’’ the following: ‘‘Before an employee (9) by adding at the end the following: SEC. 108. BAN ON GIFTS FROM LOBBYISTS AND may accept reimbursement pursuant to sub- ‘‘(h)(1) Not later than 45 days after the date ENTITIES THAT HIRE LOBBYISTS. paragraph (a), the employee shall receive ad- of adoption of this subparagraph and at an- Paragraph 1(a)(2) of rule XXXV of the vance authorization from the Member or of- nual intervals thereafter, the Select Com- Standing Rules of the Senate is amended ficer under whose direct supervision the em- mittee on Ethics shall develop and revise, as by— ployee works to accept reimbursement.’’; necessary— (1) inserting ‘‘(A)’’ after ‘‘(2)’’; and (5) in subparagraph (c)— ‘‘(A) guidelines on judging the reasonable- (2) adding at the end the following: (A) by inserting before ‘‘Each’’ the fol- ness of an expense or expenditure for pur- ‘‘(B) A Member, officer, or employee may lowing: ‘‘Each Member, officer, or employee poses of this clause, including the factors not knowingly accept a gift from a reg- that receives reimbursement under this that tend to establish— istered lobbyist, an agent of a foreign prin- paragraph shall disclose the expenses reim- ‘‘(i) a connection between a trip and offi- cipal, or a private entity that retains or em- bursed or to be reimbursed and authorization cial duties; ploys a registered lobbyist or an agent of a (for an employee) to the Secretary of the ‘‘(ii) the reasonableness of an amount foreign principal, except as provided in sub- Senate not later than 30 days after the travel spent by a sponsor; paragraph (c).’’. is completed.’’; ‘‘(iii) a relationship between an event and SEC. 108A. NATIONAL PARTY CONVENTIONS. (B) by striking ‘‘subparagraph (a)(1)’’ and an officially connected purpose; and Paragraph (1)(d) of rule XXXV of the inserting ‘‘this subparagraph’’; ‘‘(iv) a direct and immediate relationship Standing Rules of the Senate is amended by (C) in clause (5), by striking ‘‘and’’ after between a source of funding and an event; adding at the end the following: the semicolon; and

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‘‘(B) regulations describing the informa- ‘‘(I) to the owner, lessee, or other person (b) EFFECTIVE DATE.—This section shall tion it will require individuals subject to who provides the airplane the pro rata share take effect 60 days after the date of enact- this clause to submit to the committee in of the fair market value of such flight (as de- ment of this title. order to obtain the prior approval of the termined by dividing the fair market value SEC. 112. DISCLOSURE BY MEMBERS OF CON- committee for any travel covered by this of the normal and usual charter fare or rent- GRESS AND STAFF OF EMPLOYMENT clause, including any required certifications. al charge for a comparable plane of appro- NEGOTIATIONS. ‘‘(2) In developing and revising guidelines priate size by the number of candidates on Rule XXXVII of the Standing Rules of the under clause (1)(A), the committee shall take the flight) by not later than 7 days after the Senate is amended by adding at the end the into account the maximum per diem rates date on which the flight is taken; and following: for official Government travel published an- ‘‘(II) files a report with the Secretary of ‘‘14. (a) A Member shall not directly nego- nually by the General Services Administra- the Senate not later than 60 days after the tiate or have any arrangement concerning tion, the Department of State, and the De- date on which such flight is taken, such re- prospective private employment until after partment of Defense. port shall include— his or her successor has been elected, unless ‘‘(3) For purposes of this subparagraph, ‘‘(aa) the date of such flight; such Member files a statement with the Sec- travel on an aircraft operated or paid for by ‘‘(bb) the destination of such flight; retary of the Senate, for public disclosure, a carrier not licenced by the Federal Avia- ‘‘(cc) the owner or lessee of the aircraft; regarding such negotiations or arrangements within 3 business days after the commence- tion Administration to operate for com- ‘‘(dd) the purpose of such travel; ment of such negotiation or arrangement, in- pensation shall not be considered a reason- ‘‘(ee) the persons on such flight (except for cluding the name of the private entity or en- able expense. any person flying the aircraft); and ‘‘(i) A Member, officer, or employee who tities involved in such negotiations or ar- ‘‘(ff) the charter rate paid for such flight.’’. travels on an aircraft operated or paid for by rangements, the date such negotiations or (4) RULES COMMITTEE REVIEW OF TRAVEL AL- a carrier not licenced by the Federal Avia- arrangements commenced, and must be LOWANCES.—Not later than 90 days after the tion Administration shall file a report with signed by the Member. enactment of this Act, the Senate Com- the Secretary of the Senate not later than 60 ‘‘(b) A Member shall not directly negotiate mittee on Appropriations, Subcommittee on days after the date on which such flight is or have any arrangement concerning pro- the Legislative Branch, in consultation with taken. The report shall include— spective employment until after his or her the Committee on Rules and Administration ‘‘(1) the date of such flight; successor has been elected for a job involving of the Senate, shall consider and propose, as ‘‘(2) the destination of such flight; lobbying activities as defined by the Lob- necessary in the discretion of the sub- ‘‘(3) the owner or lessee of the aircraft; bying Disclosure Act of 1995. committee, any adjustment to the Senator’s ‘‘(4) the purpose of such travel; ‘‘(c)(1) An employee of the Senate earning Official Personnel and Office Expense Ac- ‘‘(5) the persons on such flight (except for in excess of 75 percent of the salary paid to count needed in light of the revised stand- any person flying the aircraft); and a Senator shall notify the Committee on ards for reimbursement for private air travel ‘‘(6) the charter rate paid for such flight.’’. Ethics that he or she is negotiating or has required by this subsection, and any modi- (b) REIMBURSEMENT FOR NONCOMMERCIAL any arrangement concerning prospective pri- fications of Federal statutes or appropria- AIR TRAVEL.— vate employment. tions measures needed to accomplish such (1) CHARTER RATES.—Paragraph 1(c)(1) of ‘‘(2) The disclosure and notification under rule XXXV of the Standing Rules of the Sen- adjustments. this subparagraph shall be made within 3 ate is amended by adding at the end the fol- (c) EFFECTIVE DATE.—The amendments business days after the commencement of lowing: ‘‘Fair market value for a flight on an made by this section shall take effect 60 days such negotiation or arrangement. aircraft operated or paid for by a carrier not after the date of enactment of this Act. ‘‘(3) An employee to whom this subpara- licensed by the Federal Aviation Adminis- SEC. 110. RESTRICTIONS ON FORMER OFFICERS, graph applies shall recuse himself or herself tration to operate for compensation or hire, EMPLOYEES, AND ELECTED OFFI- from any matter in which there is a conflict excluding an aircraft owned or leased by a CIALS OF THE EXECUTIVE AND LEG- of interest or an appearance of a conflict for ISLATIVE BRANCH. governmental entity or by a Member of Con- that employee under this rule and notify the gress or a Member’s spouse (including an air- (a) IN GENERAL.—Section 207(j)(1) of title Select Committee on Ethics of such craft owned by an entity that is not a public 18, United States Code, is amended, by— recusal.’’. corporation in which the Member or Mem- (1) striking ‘‘The restrictions’’ and insert- SEC. 113. PROHIBIT OFFICIAL CONTACT WITH ber’s spouse has an ownership interest, pro- ing the following: SPOUSE OR IMMEDIATE FAMILY MEMBER OF MEMBER WHO IS A REG- vided that the Member does not use the air- ‘‘(A) IN GENERAL.—The restrictions’’; and (2) adding at the end the following: ISTERED LOBBYIST. craft anymore than the Member’s or spouse’s Rule XXXVII of the Standing Rules of the proportionate share of ownership allows), ‘‘(B) INDIAN TRIBES.—The restrictions con- tained in this section shall not apply to acts Senate is amended by— shall be the pro rata share of the fair market (1) redesignating paragraphs 10 through 12 value of the normal and usual charter fare or done pursuant to section 104 of the Indian Self-Determination and Education Assist- as paragraphs 11 through 13, respectively; rental charge for a comparable plane of com- and parable size (as determined by dividing such ance Act (25 U.S.C. 450i).’’. (b) CONFORMING AMENDMENT.—Section (2) inserting after paragraph 9, the fol- cost by the number of members, officers, or lowing: employees of the Congress on the flight).’’. 104(j) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450i(j)) is ‘‘10. (a) If a Member’s spouse or immediate (2) UNOFFICIAL OFFICE ACCOUNTS.—Para- family member is a registered lobbyist under graph 1 of rule XXXVIII of the Standing amended by striking ‘‘and former officers and employees of the United States em- the Lobbying Disclosure Act of 1995, or is Rules of the Senate is amended by adding at employed or retained by such a registered the end the following: ployed by Indian tribes may act as agents or attorneys for or’’ and inserting ‘‘or former lobbyist for the purpose of influencing legis- ‘‘(c) For purposes of reimbursement under lation, the Member shall prohibit all staff this rule, fair market value of a flight on an officers and employees of the United States who are carrying out official duties as em- employed by that Member (including staff in aircraft operated or paid for by a carrier not personal, committee, and leadership offices) licensed by the Federal Aviation Adminis- ployees or as elected or appointed officials of an Indian tribe may communicate with and’’. from having any official contact with the tration to operate for compensation or hire, Member’s spouse or immediate family mem- shall be the pro rata share of the fair market SEC. 111. POST EMPLOYMENT RESTRICTIONS. ber. value of the normal and usual charter fare or (a) IN GENERAL.—Paragraph 9 of rule ‘‘(b) Members and employees on the staff of rental charge for a comparable plane of com- XXXVII of the Standing Rules of the Senate a Member (including staff in personal, com- parable size (as determined by dividing such is amended by— mittee, and leadership offices) shall be pro- cost by the number of members, officers, or (1) designating the first sentence as sub- hibited from having any official contact with employees of the Congress on the flight).’’. paragraph (a); any spouse of a Member who is a registered (3) CANDIDATES.—Subparagraph (B) of sec- (2) designating the second sentence as sub- lobbyist under the Lobbying Disclosure Act tion 301(8) of the Federal Election Campaign paragraph (b); and of 1995, or is employed or retained by such a Act of 1971 (42 U.S.C. 431(8)(B)) is amended (3) adding at the end the following: registered lobbyist. by— ‘‘(c) If an employee on the staff of a Mem- ‘‘(c) The prohibition in subparagraph (a) (A) in clause (xiii), striking ‘‘and’’ at the ber or on the staff of a committee whose rate shall not apply to the spouse of a Member end; of pay is equal to or greater than 75 percent who was serving as a registered lobbyist at (B) in clause (xiv), striking the period and of the rate of pay of a Member and employed least 1 year prior to the election of that inserting ‘‘; and’’; and at such rate for more than 60 days in a cal- Member to office or at least 1 year prior to (C) by adding at the end the following : endar year, upon leaving that position, be- their marriage to that Member. ‘‘(xv) any travel expense for a flight on an comes a registered lobbyist under the Lob- ‘‘(d) In this paragraph, the term ‘imme- aircraft that is operated or paid for by a car- bying Disclosure Act of 1995, or is employed diate family member’ means the son, daugh- rier not licensed by the Federal Aviation Ad- or retained by such a registered lobbyist for ter, stepson, stepdaughter, son-in-law, ministration to operate for compensation or the purpose of influencing legislation, such daughter-in-law, mother, father, stepmother, hire, but only if the candidate, the can- employee may not lobby any Member, offi- stepfather, mother-in-law, father-in-law, didate’s authorized committee, or other po- cer, or employee of the Senate for a period of brother, sister, stepbrother, or stepsister of litical committee pays— 1 year after leaving that position.’’. the Member.’’.

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S995 SEC. 114. INFLUENCING HIRING DECISIONS. ‘‘I, Senator ll, do not object to pro- (B) in subsection (b)(1), by striking ‘‘semi- Rule XLIII of the Standing Rules of the ceeding to ll, dated ll.’’. annual period’’ and inserting ‘‘quarterly pe- Senate is amended by adding at the end the SEC. 118. CBO SCORING REQUIREMENT. riod’’. following: (a) IN GENERAL.—It shall not be in order in (5) DOLLAR AMOUNTS.— ‘‘6. No Member shall, with the intent to in- the Senate to consider a report of a com- (A) REGISTRATION.—Section 4 of the Act (2 fluence on the basis of partisan political af- mittee of conference unless an official writ- U.S.C. 1603) is amended— filiation an employment decision or employ- ten cost estimate or table by the Congres- (i) in subsection (a)(3)(A)(i), by striking ment practice of any private entity— sional Budget Office is available at the time ‘‘$5,000’’ and inserting ‘‘$2,500’’; ‘‘(1) take or withhold, or offer or threaten of consideration. (ii) in subsection (a)(3)(A)(ii), by striking to take or withhold, an official act; or (b) SUPERMAJORITY REQUIREMENT.—This ‘‘$20,000’’ and inserting ‘‘$10,000’’; ‘‘(2) influence, or offer or threaten to influ- section may be waived or suspended in the (iii) in subsection (b)(3)(A), by striking ence the official act of another.’’. Senate only by an affirmative vote of 3⁄5 of ‘‘$10,000’’ and inserting ‘‘$5,000’’; and SEC. 115. SENSE OF THE SENATE THAT ANY AP- the Members, duly chosen and sworn. An af- (iv) in subsection (b)(4), by striking PLICABLE RESTRICTIONS ON CON- firmative vote of 3⁄5 of the Members of the ‘‘$10,000’’ and inserting ‘‘$5,000’’. GRESSIONAL BRANCH EMPLOYEES Senate, duly chosen and sworn, shall be re- (B) REPORTS.—Section 5 of the Act (2 SHOULD APPLY TO THE EXECUTIVE quired in the Senate to sustain an appeal of U.S.C. 1604) is amended— AND JUDICIAL BRANCHES. the ruling of the Chair on a point of order (i) in subsection (c)(1), by striking It is the sense of the Senate that any appli- raised under this section. ‘‘$10,000’’ and ‘‘$20,000’’ and inserting ‘‘$5,000’’ cable restrictions on Congressional branch SEC. 119. EFFECTIVE DATE. and ‘‘$10,000’’, respectively; and employees in this title should apply to the Except as otherwise provided in this title, (ii) in subsection (c)(2), by striking Executive and Judicial branches. this title shall take effect on the date of en- ‘‘$10,000’’ both places such term appears and SEC. 116. AMOUNTS OF COLA ADJUSTMENTS NOT actment of this title. inserting ‘‘$5,000’’. PAID TO CERTAIN MEMBERS OF CONGRESS. TITLE II—LOBBYING TRANSPARENCY AND SEC. 212. QUARTERLY REPORTS ON OTHER CON- ACCOUNTABILITY ACT OF 2007 TRIBUTIONS. (a) IN GENERAL.—Any adjustment under section 601(a) of the Legislative Reorganiza- SEC. 201. SHORT TITLE. Section 5 of the Act (2 U.S.C. 1604) is tion Act of 1946 (2 U.S.C. 31) (relating to the This title may be cited as the ‘‘Legislative amended by adding at the end the following: cost-of-living adjustments for Members of Transparency and Accountability Act of ‘‘(d) QUARTERLY REPORTS ON OTHER CON- Congress) shall not be paid to any Member of 2007’’. TRIBUTIONS.— Congress who voted for any amendment (or Subtitle A—Enhancing Lobbying Disclosure ‘‘(1) IN GENERAL.—Not later than 45 days against the tabling of any amendment) that SEC. 211. QUARTERLY FILING OF LOBBYING DIS- after the end of the quarterly period begin- provided that such adjustment would not be CLOSURE REPORTS. ning on the 20th day of January, April, July, made. (a) QUARTERLY FILING REQUIRED.—Section and October of each year, or on the first (b) DEPOSIT IN TREASURY.—Any amount 5 of the Lobbying Disclosure Act of 1995 (in business day after the 20th if that day is not not paid to a Member of Congress under sub- this title referred to as the ‘‘Act’’) (2 U.S.C. a business day, each registrant under para- section (a) shall be transmitted to the Treas- 1604) is amended— graphs (1) or (2) of section 4(a), and each em- ury for deposit in the appropriations account (1) in subsection (a)— ployee who is listed as a lobbyist on a cur- under the subheading ‘‘MEDICAL SERV- (A) in the subsection heading, by striking rent registration or report filed under this ICES’’ under the heading ‘‘VETERANS ‘‘Semiannual’’ and inserting ‘‘Quarterly’’; Act, shall file a report with the Secretary of HEALTH ADMINISTRATION.’’ and the Senate and the Clerk of the House of (c) ADMINISTRATION.—The salary of any (B) by striking the first sentence and in- Representatives containing— Member of Congress to whom subsection (a) serting the following: ‘‘Not later than 20 ‘‘(A) the name of the registrant or lob- applies shall be deemed to be the salary in days after the end of the quarterly period be- byist; effect after the application of that sub- ginning on the 1st day of January, April, ‘‘(B) the employer of the lobbyist or the section, except that for purposes of deter- July, and October of each year, or on the names of all political committees estab- mining any benefit (including any retire- first business day after the 20th day if that lished or administered by the registrant; ment or insurance benefit), the salary of day is not a business day, in which a reg- ‘‘(C) the name of each Federal candidate or that Member of Congress shall be deemed to istrant is registered with the Secretary of officeholder, leadership PAC, or political be the salary that Member of Congress would the Senate and the Clerk of the House of party committee, to whom aggregate con- have received, but for that subsection. Representatives, a registrant shall file a re- tributions equal to or exceeding $200 were (d) EFFECTIVE DATE.—This section shall port or reports, as applicable, on its lobbying made by the lobbyist, the registrant, or a po- take effect on the first day of the first appli- activities during such quarterly period.’’; litical committee established or adminis- cable pay period beginning on or after Feb- and tered by the registrant within the calendar ruary 1, 2008. (2) in subsection (b)— year, and the date and amount of each con- SEC. 117. REQUIREMENT OF NOTICE OF INTENT (A) in the matter preceding paragraph (1), tribution made within the quarter; TO PROCEED. by striking ‘‘semiannual report’’ and insert- ‘‘(D) the name of each Federal candidate or (a) IN GENERAL.—The majority and minor- ing ‘‘quarterly report’’; officeholder, leadership PAC, or political ity leaders of the Senate or their designees (B) in paragraph (2), by striking ‘‘semi- party committee for whom a fundraising shall recognize a notice of intent of a Sen- annual filing period’’ and inserting ‘‘quar- event was hosted, co-hosted, or sponsored by ator who is a member of their caucus to ob- terly period’’; the lobbyist, the registrant, or a political ject to proceeding to a measure or matter (C) in paragraph (3), by striking ‘‘semi- committee established or administered by only if the Senator— annual period’’ and inserting ‘‘quarterly pe- the registrant within the quarter, and the (1) submits the notice of intent in writing riod’’; and date, location, and total amount (or good to the appropriate leader or their designee; (D) in paragraph (4), by striking ‘‘semi- faith estimate thereof) raised at such event; and annual filing period’’ and inserting ‘‘quar- ‘‘(E) the name of each Federal candidate or (2) within 3 session days after the submis- terly period’’. officeholder, leadership PAC, or political sion under paragraph (1), submits for inclu- (b) CONFORMING AMENDMENTS.— party committee for whom aggregate con- sion in the Congressional Record and in the (1) DEFINITION.—Section 3(10) of the Act (2 tributions equal to or exceeding $200 were applicable calendar section described in sub- U.S.C. 1602) is amended by striking ‘‘six collected or arranged within the calendar section (b) the following notice: month period’’ and inserting ‘‘three-month year, and to the extent known the aggregate ‘‘I, Senator ll, intend to object to pro- period’’. amount of such contributions (or a good ceeding to ll, dated ll.’’. (2) REGISTRATION.—Section 4 of the Act (2 faith estimate thereof) within the quarter (b) CALENDAR.—The Secretary of the Sen- U.S.C. 1603) is amended— for each recipient; ate shall establish, for both the Senate Cal- (A) in subsection (a)(3)(A), by striking ‘‘(F) the name of each covered legislative endar of Business and the Senate Executive ‘‘semiannual period’’ and inserting ‘‘quar- branch official or covered executive branch Calendar, a separate section entitled ‘‘No- terly period’’; and official for whom the lobbyist, the reg- tices of Intent to Object to Proceeding’’. (B) in subsection (b)(3)(A), by striking istrant, or a political committee established Each section shall include the name of each ‘‘semiannual period’’ and inserting ‘‘quar- or administered by the registrant provided, Senator filing a notice under subsection terly period’’. or directed or caused to be provided, any (a)(2), the measure or matter covered by the (3) ENFORCEMENT.—Section 6(a)(6) of the payment or reimbursements for travel and calendar that the Senator objects to, and the Act (2 U.S.C. 1605(6)) is amended by striking related expenses in connection with the du- date the objection was filed. ‘‘semiannual period’’ and inserting ‘‘quar- ties of such covered official, including for (c) REMOVAL.—A Senator may have an terly period’’. each such official— item with respect to the Senator removed (4) ESTIMATES.—Section 15 of the Act (2 ‘‘(i) an itemization of the payments or re- from a calendar to which it was added under U.S.C. 1610) is amended— imbursements provided to finance the travel subsection (b) by submitting for inclusion in (A) in subsection (a)(1), by striking ‘‘semi- and related expenses, and to whom the pay- the Congressional Record the following no- annual period’’ and inserting ‘‘quarterly pe- ments or reimbursements were made with tice: riod’’; and the express or implied understanding or

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S996 CONGRESSIONAL RECORD — SENATE January 23, 2007 agreement that such funds will be used for tablished or administered by the registrant; through ‘‘as a lobbyist on behalf of the cli- travel and related expenses; and ent,’’ and inserting ‘‘or a covered legislative ‘‘(ii) the purpose and final itinerary of the ‘‘(ii) the term ‘Federal candidate or other branch official,’’. trip, including a description of all meetings, recipient’ shall include a Federal candidate, SEC. 216. INCREASED PENALTY FOR FAILURE TO tours, events, and outings attended; Federal officeholder, leadership PAC, or po- COMPLY WITH LOBBYING DISCLO- ‘‘(iii) whether the registrant or lobbyist litical party committee. SURE REQUIREMENTS. traveled on any such travel; ‘‘(3) DEFINITIONS.—In this subsection, the Section 7 of the Act (2 U.S.C. 1606) is ‘‘(iv) the identity of the listed sponsor or following definitions shall apply: amended by striking ‘‘$50,000’’ and inserting sponsors of such travel; and ‘‘(A) GIFT.—The term ‘gift’— ‘‘$200,000’’. ‘‘(v) the identity of any person or entity, ‘‘(i) means a gratuity, favor, discount, en- SEC. 217. DISCLOSURE OF LOBBYING ACTIVITIES other than the listed sponsor or sponsors of tertainment, hospitality, loan, forbearance, BY CERTAIN COALITIONS AND ASSO- the travel, who directly or indirectly pro- or other item having monetary value; and CIATIONS. vided for payment of travel and related ex- ‘‘(ii) includes, whether provided in kind, by (a) IN GENERAL.—Section 4(b)(3)(B) of the penses at the request or suggestion of the purchase of a ticket, payment in advance, or Act (2 U.S.C. 1603(b)(3)(B)) is amended to read lobbyist, the registrant, or a political com- reimbursement after the expense has been as follows: mittee established or administered by the incurred— ‘‘(B) participates in a substantial way in registrant; ‘‘(I) gifts of services; the planning, supervision, or control of such ‘‘(G) the date, recipient, and amount of ‘‘(II) training; lobbying activities;’’. (b) NO DONOR OR MEMBERSHIP LIST DISCLO- funds contributed, disbursed, or arranged (or ‘‘(III) transportation; and SURE.—Section 4(b) of the Act (2 U.S.C. a good faith estimate thereof) by the lob- ‘‘(IV) lodging and meals. 1603(b)) is amended by adding at the end the byist, the registrant, or a political com- ‘‘(B) LEADERSHIP PAC.—The term ‘leader- following: mittee established or administered by the ship PAC’ means with respect to an indi- registrant— vidual holding Federal office, an unauthor- ‘‘No disclosure is required under paragraph ‘‘(i) to pay the cost of an event to honor or ized political committee which is associated (3)(B) if it is publicly available knowledge recognize a covered legislative branch offi- with an individual holding Federal office, ex- that the organization that would be identi- cial or covered executive branch official; cept that such term shall not apply in the fied is affiliated with the client or has been ‘‘(ii) to, or on behalf of, an entity that is case of a political committee of a political publicly disclosed to have provided funding named for a covered legislative branch offi- party.’’. to the client, unless the organization in cial, or to a person or entity in recognition whole or in major part plans, supervises, or SEC. 213. ADDITIONAL DISCLOSURE. of such official; controls such lobbying activities. Nothing in Section 5(b) of the Act (2 U.S.C. 1604(b)) is ‘‘(iii) to an entity established, financed, paragraph (3)(B) shall be construed to re- amended— maintained, or controlled by a covered legis- quire the disclosure of any information (1) in paragraph (3), by striking ‘‘and’’ lative branch official or covered executive about individuals who are members of, or do- after the semicolon; branch official, or an entity designated by nors to, an entity treated as a client by this (2) in paragraph (4), by striking the period such official; or Act or an organization identified under that and inserting a semicolon; and ‘‘(iv) to pay the costs of a meeting, retreat, paragraph.’’. conference, or other similar event held by, or (3) by adding at the end of the following: ‘‘(5) for each client, immediately after list- SEC. 218. DISCLOSURE OF ENFORCEMENT FOR for the benefit of, 1 or more covered legisla- NONCOMPLIANCE. ing the client, an identification of whether tive branch officials or covered executive Section 6 of the Act (2 U.S.C. 1605) is the client is a public entity, including a branch officials; amended— State or local government or a department, ‘‘(H) the date, recipient, and amount of any (1) by inserting ‘‘(a)’’ before ‘‘The Sec- agency, special purpose district, or other in- gift (that under the standing rules of the retary of the Senate’’; strumentality controlled by a State or local House of Representatives or Senate counts (2) in paragraph (8), by striking ‘‘and’’ at government, or a private entity.’’. towards the $100 cumulative annual limit de- the end; scribed in such rules) valued in excess of $20 SEC. 214. PUBLIC DATABASE OF LOBBYING DIS- (3) in paragraph (9), by striking the period given by the lobbyist, the registrant, or a po- CLOSURE INFORMATION. and inserting ‘‘; and’’; litical committee established or adminis- (a) DATABASE REQUIRED.—Section 6 of the (4) after paragraph (9), by inserting the fol- tered by the registrant to a covered legisla- Act (2 U.S.C. 1605) is amended— lowing: tive branch official or covered executive (1) in paragraph (7), by striking ‘‘and’’ at ‘‘(10) make publicly available the aggre- branch official; and the end; gate number of lobbyists and lobbying firms, ‘‘(I) the name of each Presidential library (2) in paragraph (8), by striking the period separately accounted, referred to the United foundation and Presidential inaugural com- and inserting ‘‘; and’’; and States Attorney for the District of Columbia mittee, to whom contributions equal to or (3) by adding at the end the following: for noncompliance as required by paragraph exceeding $200 were made by the lobbyist, ‘‘(9) maintain, and make available to the (8) on a semi annual basis’’; and the registrant, or a political committee es- public over the Internet, without a fee or (5) by inserting at the end the following: tablished or administered by the registrant other access charge, in a searchable, sort- ‘‘(b) ENFORCEMENT REPORT.—The United within the calendar year, and the date and able, and downloadable manner, an elec- States Attorney for the District of Columbia amount of each such contribution within the tronic database that— shall report to the Committee on Homeland quarter. ‘‘(A) includes the information contained in Security and Governmental Affairs and the ‘‘(2) RULES OF CONSTRUCTION.— registrations and reports filed under this Committee on the Judiciary of the Senate ‘‘(A) IN GENERAL.—For purposes of this sub- Act; and the Committee on Government Reform section, contributions, donations, or other ‘‘(B) directly links the information it con- and the Committee on the Judiciary of the funds— tains to the information disclosed in reports House of Representatives on a semi annual ‘‘(i) are ‘collected’ by a lobbyist where filed with the Federal Election Commission basis the aggregate number of enforcement funds donated by a person other than the under section 304 of the Federal Election actions taken by the Attorney’s office under lobbyist are received by the lobbyist for, or Campaign Act of 1971 (2 U.S.C. 434); and this Act and the amount of fines, if any, by forwarded by the lobbyist to, a Federal can- ‘‘(C) is searchable and sortable, at a min- case, except that such report shall not in- didate or other recipient; and imum, by each of the categories of informa- clude the names of individuals or personally ‘‘(ii) are ‘arranged’ by a lobbyist— tion described in section 4(b) or 5(b).’’. identifiable information.’’. ‘‘(I) where there is a formal or informal (b) AVAILABILITY OF REPORTS.—Section SEC. 219. ELECTRONIC FILING OF LOBBYING DIS- agreement, understanding, or arrangement 6(a)(4) of the Act is amended by inserting be- CLOSURE REPORTS. between the lobbyist and a Federal candidate fore the semicolon the following: ‘‘and, in Section 5 of the Act (2 U.S.C. 1604) is or other recipient that such contributions, the case of a report filed in electronic form amended by adding at the end the following: donations, or other funds will be or have under section 5(e), shall make such report ‘‘(e) ELECTRONIC FILING REQUIRED.—A re- been credited or attributed by the Federal available for public inspection over the port required to be filed under this section candidate or other recipient in records, des- Internet not more than 48 hours after the re- shall be filed in electronic form, in addition ignations, or formal or informal recognitions port is filed’’. to any other form. The Secretary of the Sen- as having been raised, solicited, or directed (c) AUTHORIZATION OF APPROPRIATIONS.— ate and the Clerk of the House of Represent- by the lobbyist; or There are authorized to be appropriated such atives shall use the same electronic software ‘‘(II) where the lobbyist has actual knowl- sums as may be necessary to carry out para- for receipt and recording of filings under this edge that the Federal candidate or other re- graph (9) of section 6(a) of the Act, as added Act.’’. cipient is aware that the contributions, do- by subsection (a). SEC. 220. ELECTRONIC FILING AND PUBLIC nations, or other funds were solicited, ar- SEC. 215. DISCLOSURE BY REGISTERED LOBBY- DATABASE FOR LOBBYISTS FOR ranged, or directed by the lobbyist. ISTS OF ALL PAST EXECUTIVE AND FOREIGN GOVERNMENTS. ‘‘(B) CLARIFICATIONS.—For the purposes of CONGRESSIONAL EMPLOYMENT. (a) ELECTRONIC FILING.—Section 2 of the this paragraph— Section 4(b)(6) of the Act (2 U.S.C. 1603) is Foreign Agents Registration Act (22 U.S.C. ‘‘(i) the term ‘lobbyist’ shall include a lob- amended by striking ‘‘or a covered legisla- 612) is amended by adding at the end the fol- byist, registrant, or political committee es- tive branch official’’ and all that follows lowing new subsection:

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‘‘(g) ELECTRONIC FILING OF REGISTRATION that subsection and any recommendations of (9) The number of matters resulting in a STATEMENTS AND UPDATES.—A registration the Comptroller General to— disciplinary sanction. statement or update required to be filed (1) improve the compliance by lobbyists under this section shall be filed in electronic with the requirements of that Act; and Subtitle C—Slowing the Revolving Door form, in addition to any other form that may (2) provide the Secretary of the Senate and the Clerk of the House of Representatives SEC. 241. AMENDMENTS TO RESTRICTIONS ON be required by the Attorney General.’’. FORMER OFFICERS, EMPLOYEES, (b) PUBLIC DATABASE.—Section 6 of the with the resources and authorities needed for AND ELECTED OFFICIALS OF THE Foreign Agents Registration Act (22 U.S.C. effective administration of that Act. EXECUTIVE AND LEGISLATIVE 616) is amended by adding at the end the fol- SEC. 232. MANDATORY SENATE ETHICS TRAINING BRANCHES. lowing new subsection: FOR MEMBERS AND STAFF. (a) VERY SENIOR EXECUTIVE PERSONNEL.— ‘‘(d) PUBLIC DATABASE OF REGISTRATION (a) TRAINING PROGRAM.—The Select Com- mittee on Ethics shall conduct ongoing eth- The matter after subparagraph (C) in section STATEMENTS AND UPDATES.— 207(d)(1) of title 18, United States Code, is ‘‘(1) IN GENERAL.—The Attorney General ics training and awareness programs for Members of the Senate and Senate staff. amended by striking ‘‘within 1 year’’ and in- shall maintain, and make available to the serting ‘‘within 2 years’’. public over the Internet, without a fee or (b) REQUIREMENTS.—The ethics training other access charge, in a searchable, sort- program conducted by the Select Committee (b) RESTRICTIONS ON LOBBYING BY MEMBERS able, and downloadable manner, an elec- on Ethics shall be completed by— OF CONGRESS AND EMPLOYEES OF CONGRESS.— tronic database that— (1) new Senators or staff not later than 60 Subsection (e) of section 207 of title 18, ‘‘(A) includes the information contained in days after commencing service or employ- United States Code, is amended— registration statements and updates filed ment; and (1) in paragraph (1)(A), by striking ‘‘within under this Act; (2) Senators and Senate staff serving or 1 year’’ and inserting ‘‘within 2 years’’; ‘‘(B) directly links the information it con- employed on the date of enactment of this (2) by striking paragraphs (2) through (5) tains to the information disclosed in reports Act not later than 120 days after the date of and inserting the following: enactment of this Act. filed with the Federal Election Commission ‘‘(2) CONGRESSIONAL STAFF.— under section 304 of the Federal Election SEC. 233. SENSE OF THE SENATE REGARDING ‘‘(A) PROHIBITION.—Any person who is an Campaign Act of 1971 (2 U.S.C. 434); and SELF-REGULATION WITHIN THE employee of a House of Congress and who, LOBBYING COMMUNITY. ‘‘(C) is searchable and sortable, at a min- within 1 year after that person leaves office, It is the sense of the Senate that the lob- imum, by each of the categories of informa- knowingly makes, with the intent to influ- bying community should develop proposals tion described in section 2(a). ence, any communication to or appearance for multiple self-regulatory organizations ‘‘(2) ACCOUNTABILITY.—Each registration before any of the persons described in sub- which could provide— statement and update filed in electronic paragraph (B), on behalf of any other person (1) for the creation of standards for the or- form pursuant to section 2(g) shall be made (except the United States) in connection ganizations appropriate to the type of lob- available for public inspection over the with any matter on which such former em- bying and individuals to be served; Internet not more than 48 hours after the ployee seeks action by a Member, officer, or (2) training for the lobbying community on registration statement or update is filed.’’. employee of either House of Congress, in his law, ethics, reporting requirements, and dis- or her official capacity, shall be punished as SEC. 221. ADDITIONAL LOBBYING DISCLOSURE closure requirements; provided in section 216 of this title. REQUIREMENTS. (3) for the development of educational ma- ‘‘(B) CONTACT PERSONS COVERED.—Persons Section 5(b) of the Lobbying Disclosure terials for the public on how to responsibly referred to in subparagraph (A) with respect Act of 1995 (2 U.S.C. 1604(b)) is amended by hire a lobbyist or lobby firm; to appearances or communications are any adding at the end the following: (4) standards regarding reasonable fees to Member, officer, or employee of the House of ‘‘(8) a certification that the lobbying firm, clients; Congress in which the person subject to sub- or registrant, and each employee listed as a (5) for the creation of a third-party certifi- lobbyist under section 4(b)(6) or 5(b)(2)(C) for cation program that includes ethics training; paragraph (A) was employed. This subpara- that lobbying firm or registrant, has not pro- and graph shall not apply to contacts with staff vided, requested, or directed a gift, including (6) for disclosure of requirements to clients of the Secretary of the Senate or the Clerk travel, to a Member or employee of Congress regarding fee schedules and conflict of inter- of the House of Representatives regarding in violation rule XXXV of the Standing est rules. compliance with lobbying disclosure require- ments under the Lobbying Disclosure Act of Rules of the Senate or rule XXV of the Rules SEC. 234. ANNUAL ETHICS COMMITTEES RE- 1995. of the House of Representatives.’’. PORTS. ‘‘(3) MEMBERS OF CONGRESS AND ELECTED SEC. 222. INCREASED CRIMINAL PENALTIES FOR The Committee on Standards of Official OFFICERS.—Any person who is a Member of FAILURE TO COMPLY WITH LOB- Conduct of the House of Representatives and Congress or an elected officer of either House BYING DISCLOSURE REQUIRE- the Select Committee on Ethics of the Sen- MENTS. ate shall each issue an annual report due no of Congress and who, within 2 years after that person leaves office, knowingly engages Section 7 of the Lobbying Disclosure Act of later than January 31, describing the fol- in lobbying activities on behalf of any other 1995 (2 U.S.C. 1606) is amended— lowing: person (except the United States) in connec- (1) by inserting ‘‘(a) CIVIL PENALTY.—’’ be- (1) The number of alleged violations of tion with any matter on which such former fore ‘‘Whoever’’; and Senate or House rules including the number Member of Congress or elected officer seeks (2) by adding at the end the following: received from third parties, from Members or action by a Member, officer, or employee of ‘‘(b) CRIMINAL PENALTY.—Whoever know- staff within each House, or inquires raised by either House of Congress shall be punished as ingly, willfully, and corruptly fails to com- a Member or staff of the respective House or provided in section 216 of this title.’’. ply with any provision of this section shall Senate committee. (3) in paragraph (6)— be imprisoned for not more than 10 years, or (2) A list of the number of alleged viola- tions that were dismissed— (A) by striking ‘‘paragraphs (2), (3), and fined under title 18, United States Code, or (4)’’ and inserting ‘‘paragraph (2)’’; both.’’. (A) for lack of subject matter jurisdiction; or (B) by striking ‘‘(A)’’; SEC. 223. EFFECTIVE DATE. (B) because they failed to provide suffi- (C) by striking subparagraph (B); and This subtitle and the amendments made by cient facts as to any material violation of (D) by redesignating the paragraph as this subtitle shall take effect January 1, the House or Senate rules beyond mere alle- paragraph (4); and 2008. gation or assertion. (4) by redesignating paragraph (7) as para- Subtitle B—Oversight of Ethics and Lobbying (3) The number of complaints in which the graph (5). committee staff conducted a preliminary in- (c) DEFINITION OF LOBBYING ACTIVITY.—Sec- SEC. 231. COMPTROLLER GENERAL AUDIT AND quiry. ANNUAL REPORT. tion 207(i) of title 18, United States Code, is (4) The number of complaints that staff (a) AUDIT REQUIRED.—The Comptroller amended— presented to the committee with rec- (1) in paragraph (2), by striking ‘‘and’’ General shall audit on an annual basis lob- ommendations that the complaint be dis- bying registration and reports filed under after the semicolon; missed. (2) in paragraph (3), by striking the period the Lobbying Disclosure Act of 1995 to deter- (5) The number of complaints that the staff mine the extent of compliance or noncompli- and inserting ‘‘; and’’; and presented to the committee with rec- (3) by adding at the end the following: ance with the requirements of that Act by ommendation that the investigation pro- lobbyists and their clients. ‘‘(4) the term ‘lobbying activities’ has the ceed. same meaning given such term in section 3(7) (b) ANNUAL REPORTS.—Not later than April (6) The number of ongoing inquiries. of the Lobbying Disclosure Act (2 U.S.C. 1 of each year, the Comptroller General shall (7) The number of complaints that the 1602(7)).’’. submit to Congress a report on the review re- committee dismissed for lack of substantial quired by subsection (a). The report shall in- merit. (d) EFFECTIVE DATE.—The amendments clude the Comptroller General’s assessment (8) The number of private letters of admo- made by subsection (b) shall take effect 60 of the matters required to be emphasized by nition or public letters of admonition issued. days after the date of enactment of this Act.

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00125 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S998 CONGRESSIONAL RECORD — SENATE January 23, 2007 Subtitle D—Ban on Provision of Gifts or the Democratic Party, 1 of which is a former travel expenses and per diem in lieu of sub- Travel by Lobbyists in Violation of the member of the Senate; sistence in accordance with sections 5702 and Rules of Congress (4) 2 members shall be appointed by the 5703 of title 5, United States Code. SEC. 251. PROHIBITION ON PROVISION OF GIFTS senior member of the leadership of the House (c) STAFF AND SUPPORT SERVICES.— OR TRAVEL BY REGISTERED LOBBY- of Representatives of the Republican Party, (1) STAFF DIRECTOR.— ISTS TO MEMBERS OF CONGRESS 1 of which is a former member of the House (A) APPOINTMENT.—The Chair (or Co- AND TO CONGRESSIONAL EMPLOY- of Representatives; and Chairs) in accordance with the rules agreed EES. (5) 2 members shall be appointed by the upon by the Commission shall appoint a staff The Lobbying Disclosure Act of 1995 is senior member of the leadership of the House director for the Commission. amended by adding at the end the following: of Representatives of the Democratic Party, (B) COMPENSATION.—The staff director ‘‘SEC. 25. PROHIBITION ON PROVISION OF GIFTS 1 of which is a former member of the House shall be paid at a rate not to exceed the rate OR TRAVEL BY REGISTERED LOBBY- of Representatives. established for level V of the Executive ISTS TO MEMBERS OF CONGRESS (b) QUALIFICATIONS; INITIAL MEETING.— Schedule under section 5315 of title 5, United AND TO CONGRESSIONAL EMPLOY- (1) POLITICAL PARTY AFFILIATION.—Five States Code. EES. members of the Commission shall be Demo- (2) STAFF.—The Chair (or Co-Chairs) in ac- ‘‘(a) PROHIBITION.—Persons described in crats and 5 Republicans. cordance with the rules agreed upon by the subsection (b) may not make a gift or pro- (2) NONGOVERNMENTAL APPOINTEES.—An in- Commission shall appoint such additional vide travel to a Member, Delegate, Resident dividual appointed to the Commission may personnel as the Commission determines to Commissioner, officer, or employee of Con- not be an officer or employee of the Federal be necessary. gress, if the person has knowledge that the Government or any State or local govern- (3) APPLICABILITY OF CIVIL SERVICE LAWS.— gift or travel may not be accepted under the ment. The staff director and other members of the rules of the House of Representatives or the (3) OTHER QUALIFICATIONS.—It is the sense staff of the Commission shall be appointed Senate. of Congress that individuals appointed to the without regard to the provisions of title 5, ‘‘(b) PERSONS SUBJECT TO PROHIBITION.— United States Code, governing appointments The persons subject to the prohibition in Commission should be prominent United in the competitive service, and shall be paid subsection (a) are any lobbyist that registers States citizens, with national recognition without regard to the provisions of chapter under section 4(a)(1), any organization that and significant depth of experience in profes- 51 and subchapter III of chapter 53 of such employs 1 or more lobbyists and registers sions such as governmental service, govern- title relating to classification and General under section 4(a)(2), and any employee list- ment consulting, government contracting, Schedule pay rates. ed as a lobbyist by a registrant under section the law, higher education, historian, busi- (4) EXPERTS AND CONSULTANTS.—With the 4(b)(6). ness, public relations, and fundraising. (4) DEADLINE FOR APPOINTMENT.—All mem- approval of the Commission, the staff direc- ‘‘(c) PENALTY.—Any person who violates tor may procure temporary and intermittent this section shall be subject to the penalties bers of the Commission shall be appointed on services under section 3109(b) of title 5, provided in section 7.’’. a date 3 months after the date of enactment of this Act. United States Code. Subtitle E—Commission to Strengthen (5) INITIAL MEETING.—The Commission (d) PHYSICAL FACILITIES.—The Architect of Confidence in Congress Act of 2007 shall meet and begin the operations of the the Capitol, in consultation with the appro- SEC. 261. SHORT TITLE. Commission as soon as practicable. priate entities in the legislative branch, This subtitle may be cited as the ‘‘Com- (c) QUORUM; VACANCIES.—After its initial shall locate and provide suitable office space mission to Strengthen Confidence in Con- meeting, the Commission shall meet upon for the operation of the Commission on a gress Act of 2007’’. the call of the chairman or a majority of its nonreimbursable basis. The facilities shall SEC. 262. ESTABLISHMENT OF COMMISSION. members. Six members of the Commission serve as the headquarters of the Commission There is established in the legislative shall constitute a quorum. Any vacancy in and shall include all necessary equipment branch a commission to be known as the the Commission shall not affect its powers, and incidentals required for the proper func- ‘‘Commission to Strengthen Confidence in but shall be filled in the same manner in tioning of the Commission. Congress’’ (in this subtitle referred to as the which the original appointment was made. (e) ADMINISTRATIVE SUPPORT SERVICES AND OTHER ASSISTANCE.— ‘‘Commission’’). SEC. 265. FUNCTIONS OF COMMISSION. (1) IN GENERAL.—Upon the request of the SEC. 263. PURPOSES. The functions of the Commission are to Commission, the Architect of the Capitol The purposes of the Commission are to— submit to Congress a report required by this and the Administrator of General Services (1) evaluate and report the effectiveness of title containing such findings, conclusions, shall provide to the Commission on a non- current congressional ethics requirements, if and recommendations as the Commission reimbursable basis such administrative sup- penalties are enforced and sufficient, and shall determine, including proposing organi- port services as the Commission may re- make recommendations for new penalties; zation, coordination, planning, management quest. (2) weigh the need for improved ethical arrangements, procedures, rules and regula- (2) ADDITIONAL SUPPORT.—In addition to conduct with the need for lawmakers to have tions— the assistance set forth in paragraph (1), de- access to expertise on public policy issues; (1) related to section 263; or partments and agencies of the United States (3) determine whether the current system (2) related to any other areas the commis- may provide the Commission such services, for enforcing ethics rules and standards of sion unanimously votes to be relevant to its funds, facilities, staff, and other support conduct is sufficiently effective and trans- mandate to recommend reforms to strength- services as the Commission may deem advis- parent; en ethical safeguards in Congress. able and as may be authorized by law. (4) determine whether the statutory frame- SEC. 266. POWERS OF COMMISSION. (f) USE OF MAILS.—The Commission may work governing lobbying disclosure should (a) HEARINGS AND EVIDENCE.—The Commis- use the United States mails in the same be expanded to include additional means of sion or, on the authority of the Commission, manner and under the same conditions as attempting to influence Members of Con- any subcommittee or member thereof, may, Federal agencies and shall, for purposes of gress, senior staff, and high-ranking execu- for the purpose of carrying out this title hold the frank, be considered a commission of tive branch officials; such hearings and sit and act at such times Congress as described in section 3215 of title (5) analyze and evaluate the changes made and places, take such testimony, receive 39, United States Code. by this Act to determine whether additional such evidence, administer such oaths. (g) PRINTING.—For purposes of costs relat- changes need to be made to uphold and en- (b) OBTAINING INFORMATION.—Upon request ing to printing and binding, including the force standards of ethical conduct and dis- of the Commission, the head of any agency cost of personnel detailed from the Govern- closure requirements; and or instrumentality of the Federal Govern- ment Printing Office, the Commission shall (6) investigate and report to Congress on ment shall furnish information deemed nec- be deemed to be a committee of the Con- its findings, conclusions, and recommenda- essary by the panel to enable it to carry out gress. tions for reform. its duties. SEC. 268. SECURITY CLEARANCES FOR COMMIS- SEC. 264. COMPOSITION OF COMMISSION. (c) LIMIT ON COMMISSION AUTHORITY.—The SION MEMBERS AND STAFF. (a) MEMBERS.—The Commission shall be Commission shall not conduct any law en- The appropriate Federal agencies or de- composed of 10 members, of whom— forcement investigation, function as a court partments shall cooperate with the Commis- (1) the chair and vice chair shall be se- of law, or otherwise usurp the duties and re- sion in expeditiously providing to the Com- lected by agreement of the majority leader sponsibilities of the ethics committee of the mission members and staff appropriate secu- and minority leader of the House of Rep- House of Representatives or the Senate. rity clearances to the extent possible pursu- resentatives and the majority leader and mi- SEC. 267. ADMINISTRATION. ant to existing procedures and requirements, nority leader of the Senate; (a) COMPENSATION.—Except as provided in except that no person shall be provided with (2) 2 members shall be appointed by the subsection (b), members of the Commission access to classified information under this senior member of the Senate leadership of shall receive no additional pay, allowances, title without the appropriate security clear- the Republican Party, 1 of which is a former or benefits by reason of their service on the ances. member of the Senate; Commission. SEC. 269. COMMISSION REPORTS; TERMINATION. (3) 2 members shall be appointed by the (b) TRAVEL EXPENSES AND PER DIEM.—Each (a) ANNUAL REPORTS.—The Commission senior member of the Senate leadership of member of the Commission shall receive shall submit—

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S999 (1) an initial report to Congress not later paragraph (1) for the corresponding Act iden- An offense shall not be considered to be an than July 1, 2007; and tified in paragraph (2). offense described in this subsection except if (2) annual reports to Congress after the re- (4) DEFINITIONS.—In this subsection— or to the extent that it is committed by a port required by paragraph (1); (A) the terms ‘‘authorized committee’’, Member of Congress (as defined by section containing such findings, conclusions, and ‘‘candidate’’, ‘‘contribution’’, ‘‘political com- 2106, including a Delegate to Congress).’’. recommendations for corrective measures as mittee’’, and ‘‘political party’’ have the (c) ABSENCE FROM UNITED STATES TO AVOID have been agreed to by a majority of Com- meanings given such terms in section 301 of PROSECUTION.—Section 8313(a)(1) of such title mission members. the Federal Election Campaign Act of 1971 (2 5 is amended by striking ‘‘or’’ at the end of (b) REPORT REGARDING POLITICAL CON- U.S.C. 431); and subparagraph (A), by striking ‘‘and’’ at the TRIBUTIONS.— (B) the term ‘‘political action committee’’ end of subparagraph (B) and inserting ‘‘or’’, (1) IN GENERAL.—Not later than 6 months means any political committee that is not— and by adding at the end the following: after the date of enactment of this Act, the (i) a political committee of a political ‘‘(C) for an offense described under sub- Commission shall submit a report to Con- party; or section (d) of section 8312; and’’. gress detailing the number, type, and quan- (ii) an authorized committee of a can- (d) NONACCRUAL OF INTEREST ON RE- tity of contributions made to Members of the didate. FUNDS.—Section 8316(b) of such title 5 is Senate or the House of Representatives dur- (c) ADMINISTRATIVE ACTIVITIES.—During amended by striking ‘‘or’’ at the end of para- ing the 30-month period beginning on the the 60-day period beginning on the date of graph (1), by striking the period at the end of date that is 24 months before the date of en- submission of each annual report and the paragraph (2) and inserting ‘‘; or’’, and by actment of the Acts identified in paragraph final report under this section, the Commis- adding at the end the following: (2) by the corresponding organizations iden- sion shall— ‘‘(3) if the individual was convicted of an tified in paragraph (2). (1) be available to provide testimony to offense described in section 8312(d), for the (2) ORGANIZATIONS AND ACTS.—The report committees of Congress concerning such re- period after the conviction.’’. submitted under paragraph (1) shall detail ports; and SEC. 303. CONSTITUTIONAL AUTHORITY. the number, type, and quantity of contribu- (2) take action to appropriately dissemi- The Constitutional authority for this title tions made to Members of the Senate or the nate such reports. is the power of Congress to make all laws House of Representatives as follows: (d) TERMINATION OF COMMISSION.— which shall be necessary and proper as enu- (A) For the Medicare Prescription Drug, (1) FINAL REPORT.—Five years after the merated in Article I, Section 8 of the United Improvement, and Modernization Act of 2003 date of enactment of this Act, the Commis- States Constitution, and the power to ascer- (Public Law 108–173; 117 Stat. 2066), any con- sion shall submit to Congress a final report tain compensation for Congressional service tribution made during the time period de- containing information described in sub- under Article I, Section 6 of the United scribed in paragraph (1) by or on behalf of a section (a). States Constitution. political action committee associated or af- (2) TERMINATION.—The Commission, and all SEC. 304. EFFECTIVE DATE. filiated with— the authorities of this title, shall terminate This title, including the amendments made (i) a pharmaceutical company; or 60 days after the date on which the final re- by this title, shall take effect on January 1, (ii) a trade association for pharmaceutical port is submitted under paragraph (1), and 2009 and shall apply with respect to convic- companies. the Commission may use such 60-day period tions for offenses committed on or after the (B) For the Bankruptcy Abuse Prevention for the purpose of concluding its activities. date of enactment of this Act. and Consumer Protection Act of 2005 (Public SEC. 270. FUNDING. Law 109–8; 119 Stat. 23), any contribution There are authorized such sums as nec- TITLE IV—GENERAL PROVISIONS made during the time period described in essary to carry out this title. SEC. 401. KNOWING AND WILLFUL FALSIFICA- TION OR FAILURE TO REPORT. paragraph (1) by or on behalf of a political TITLE III—CONGRESSIONAL PENSION Section 104(a) of the Ethics in Government action committee associated or affiliated ACCOUNTABILITY with— Act of 1978 (5 U.S.C. App.) is amended— SEC. 301. SHORT TITLE. (i) a bank or financial services company; (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; This title may be cited as the ‘‘Congres- (2) in paragraph (1), as so designated, by (ii) a company in the credit card industry; sional Pension Accountability Act’’. or striking ‘‘$10,000’’ and inserting ‘‘$50,000’’; SEC. 302. DENIAL OF RETIREMENT BENEFITS. (iii) a trade association for any such com- and (a) IN GENERAL.—Section 8312(a) of title 5, panies. (3) by adding at the end the following: United States Code, is amended— ‘‘(2)(A) It shall be unlawful for any person (C) For the Energy Policy Act of 2005 (Pub- (1) by striking ‘‘or’’ at the end of paragraph lic Law 109–58; 119 Stat. 594), any contribu- to knowingly and willfully falsify, or to (1), by striking the period at the end of para- knowingly and willingly fails to file or re- tion made during the time period described graph (2) and inserting ‘‘; or’’, and by insert- in paragraph (1) by or on behalf of a political port, any information that such person is re- ing after paragraph (2) the following: quired to report under section 102. action committee associated or affiliated ‘‘(3) was convicted of an offense described with— ‘‘(B) Any person who violates subparagraph in subsection (d), to the extent provided by (A) shall be fined under title 18, United (i) a company in the oil, natural gas, nu- that subsection.’’; and clear, or coal industry; or States Code, imprisoned for not more than 1 (2) by striking ‘‘and’’ at the end of subpara- year, or both.’’. (ii) a trade association for any such compa- graph (A), by striking the period at the end nies. SEC. 402. PUBLIC AVAILABILITY OF SENATE COM- of subparagraph (B) and inserting ‘‘; and’’, MITTEE AND SUBCOMMITTEE MEET- (D) For the Dominican Republic-Central and by inserting after subparagraph (B) the INGS. America-United States Free Trade Agree- following: (a) IN GENERAL.—Paragraph 5(e) of rule ment Implementation Act (Public Law 109– ‘‘(C) with respect to the offenses described XXVI of the Standing Rules of the Senate is 53; 119 Stat. 462), any contribution made dur- in subsection (d), to the period after the date amended by— ing the time period described in paragraph of conviction.’’. (1) by inserting after ‘‘(e)’’ the following: (1) by or on behalf of a political action com- (b) OFFENSES DESCRIBED.—Section 8312 of ‘‘(1)’’; and mittee associated or affiliated with— such title 5 is amended by redesignating sub- (2) by adding at the end the following: (i) the United States Chamber of Com- section (d) as subsection (e), and by inserting ‘‘(2) Except with respect to meetings closed merce, the National Association of Manufac- after subsection (c) the following: in accordance with this rule, each committee turers, the Business Roundtable, the Na- ‘‘(d) The offenses to which subsection (a)(3) and subcommittee shall make publicly avail- tional Federation of Independent Business, applies are the following: able through the Internet a video recording, the Emergency Committee for American ‘‘(1) An offense within the purview of— audio recording, or transcript of any meeting Trade, or any member company of such enti- ‘‘(A) section 201 of title 18 (bribery of pub- not later than 14 business days after the ties; or lic officials and witnesses); or meeting occurs.’’. (ii) any other free trade organization fund- ‘‘(B) section 371 of title 18 (conspiracy to (b) EFFECTIVE DATE.—This section shall ed primarily by corporate entities. commit offense or to defraud United States), take effect October 1, 2007. (3) AGGREGATE REPORTING.—The report sub- to the extent of any conspiracy to commit SEC. 403. FREE ATTENDANCE AT A BONA FIDE mitted under paragraph (1)— an act which constitutes an offense within CONSTITUENT EVENT. (A) shall not list the particular Member of the purview of such section 201. (a) IN GENERAL.—Paragraph 1(c) of rule the Senate or House of Representative that ‘‘(2) Perjury committed under the statutes XXXV of the Senate Rules is amended by received a contribution; and of the United States or the District of Co- adding at the end the following: (B) shall report the aggregate amount of lumbia in falsely denying the commission of ‘‘(24) Subject to the restrictions in sub- contributions given by each entity identified any act which constitutes an offense within paragraph (a)(2), free attendance at a bona in paragraph (2) to— the purview of a statute named by paragraph fide constituent event permitted pursuant to (i) Members of the Senate during the time (1), but only in the case of the statute named subparagraph (h).’’. period described in paragraph (1) for the cor- by subparagraph (B) of paragraph (1). (b) IN GENERAL.—Paragraph 1 of rule responding Act identified in paragraph (2); ‘‘(3) Subornation of perjury committed in XXXV of the Senate Rules is amended by and connection with the false denial or false tes- adding at the end the following: (ii) Members of the House of Representa- timony of another individual as specified by ‘‘(h)(1) A Member, officer, or employee may tives during the time period described in paragraph (2). accept an offer of free attendance in the

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE S1000 CONGRESSIONAL RECORD — SENATE January 23, 2007 Member’s home State at a convention, con- beneficiaries under the Internal Revenue ation of H. Con. Res. 41, just received ference, symposium, forum, panel discussion, Code of 1986; and from the House and at the desk. dinner event, site visit, viewing, reception, ‘‘(ii) contains eligibility criteria that are The PRESIDING OFFICER. Without or similar event, provided by a sponsor of the not uniform in application with respect to objection, it is so ordered. event, if— potential beneficiaries of such provision; ‘‘(A) the cost of meals provided the Mem- ‘‘(C) any Federal tax provision which pro- The clerk will report. ber, officer or employee does not exceed $50; vides one beneficiary temporary or perma- The legislative clerk read as follows: ‘‘(B)(i) the event is sponsored by bona fide nent transition relief from a change to the A House concurrent resolution (H. Con. constituents of, or a group that consists pri- Internal Revenue Code of 1986; and Res. 41) providing for a conditional adjourn- marily of bona fide constituents of, the ‘‘(D) any provision modifying the Har- ment of the House of Representatives. Member (or the Member by whom the officer monized Tariff Schedule of the United States There being no objection, the Senate or employee is employed); and in a manner that benefits 10 or fewer enti- proceeded to consider the resolution. ‘‘(ii) the event will be attended primarily ties.’’. Mr. DURBIN. Mr. President, I ask by a group of at least 5 bona fide constitu- SEC. 405. AMENDMENTS AND MOTIONS TO RE- ents of the Member (or the Member by whom COMMIT. unanimous consent that the concur- the officer or employee is employed) pro- Paragraph 1 of Rule XV of the Standing rent resolution be agreed to, the mo- vided that an individual registered to lobby Rules of the Senate is amended to read as tion to reconsider be laid upon the under the Federal Lobbying Disclosure Act follows: table, without any intervening action shall not attend the event; and ‘‘1. (a) An amendment and any instruction or debate. ‘‘(C)(i) the Member, officer, or employee accompanying a motion to recommit shall The PRESIDING OFFICER. Without participates in the event as a speaker or a be reduced to writing and read and identical objection, it is so ordered. panel participant, by presenting information copies shall be provided by the Senator offer- related to Congress or matters before Con- ing the amendment or instruction to the The concurrent resolution (H. Con. gress, or by performing a ceremonial func- desks of the Majority Leader and the Minor- Res. 41) was agreed to. tion appropriate to the Member’s, officer’s, ity Leader before being debated. f or employee’s official position; or ‘‘(b) A motion shall be reduced to writing, ‘‘(ii) attendance at the event is appropriate if desired by the Presiding Officer or by any HOUSE PAGE BOARD REVISION to the performance of the official duties or Senator, and shall be read before being de- ACT OF 2007 representative function of the Member, offi- bated.’’. Mr. DURBIN. Mr. President, I ask cer, or employee. SEC. 406. CONGRESSIONAL TRAVEL PUBLIC unanimous consent that the Senate ‘‘(2) A Member, officer, or employee who WEBSITE. now proceed to the immediate consid- attends an event described in clause (1) may (a) IN GENERAL.—Not later than January 1, accept a sponsor’s unsolicited offer of free 2008, the Secretary of the Senate and the eration of H.R. 475, received from the attendance at the event for an accompanying Clerk of the House of Representatives shall House and at the desk. individual if others in attendance will gen- each establish a publicly available website The PRESIDING OFFICER. The erally be similarly accompanied or if such without fee or without access charge, that clerk will state the bill by title. attendance is appropriate to assist in the contains information on all officially related The legislative clerk read as follows: representation of the Senate. congressional travel that is subject to disclo- A bill (H.R. 475) to revise the composition ‘‘(3) For purposes of this paragraph, the sure under the gift rules of the Senate and of the House of Representatives Page Board term ‘free attendance’ has the same meaning the House of Representatives, respectively, to equalize the number of members rep- as in subparagraph (d). that includes— resenting the majority and minority parties SEC. 404. PROHIBITION ON FINANCIAL GAIN (1) a search engine; and to include a member representing the FROM EARMARKS BY MEMBERS, IM- (2) uniform categorization by Member, parents of pages and a member representing MEDIATE FAMILY OF MEMBERS, dates of travel, and any other common cat- former pages, and for other purposes. STAFF OF MEMBERS, OR IMMEDIATE egories associated with congressional travel; FAMILY OF STAFF OF MEMBERS. and There being no objection, the Senate Rule XXXVII of the Standing Rules of the (3) all forms filed in the Senate and the proceeded to consider the bill. Senate is amended by adding at the end the House of Representatives relating to offi- Mr. DURBIN. Mr. President, I ask following: ‘‘15. (a) No Member shall use his official po- cially-related travel referred to in paragraph unanimous consent that the bill be sition to introduce, request, or otherwise aid (2), including the ‘‘Disclosure of Member or read the third time and passed, the mo- the progress or passage of a congressional Officer’s Reimbursed Travel Expenses’’ form tion to reconsider be laid upon the earmark that will financially benefit or oth- in the Senate. table, and that any statements relating (b) EXTENSION AUTHORITY.—If the Sec- erwise further the pecuniary interest of such thereto be printed in the RECORD as if Member, the spouse of such Member, the im- retary of the Senate or the Clerk of the House of Representatives is unable to meet read, with no intervening action. mediate family member of such Member, any The PRESIDING OFFICER. Without employee on the staff of such Member, the the deadline established under subsection spouse of an employee on the staff of such (a), the Committee on Rules and Administra- objection, it is so ordered. Member, or immediate family member of an tion of the Senate or the Committee on The bill (H.R. 475) was ordered to a employee on the staff of such Member. Rules of the House of Representatives may third reading, was read the third time, ‘‘(b) For purposes of this paragraph— grant an extension of such date for the Sec- and passed. ‘‘(1) the term ‘immediate family member’ retary of the Senate or the Clerk of the f means the son, daughter, stepson, step- House of Representatives, respectively. daughter, son-in-law, daughter-in-law, moth- (c) AUTHORIZATION OF APPROPRIATIONS.— ORDER FOR RECESS AND ORDERS er, father, stepmother, stepfather, mother- There are authorized to be appropriated such FOR WEDNESDAY, JANUARY 24, in-law, father-in-law, brother, sister, step- sums as are necessary to carry out this sec- 2007 brother, or stepsister of a Member or any tion. employee on the staff (including staff in per- Mr. DURBIN. I suggest the absence of Mr. DURBIN. Mr. President, I ask sonal, committee and leadership offices) of a a quorum. unanimous consent that the Senate Member; and The PRESIDING OFFICER. The now stand in recess until 8:30 p.m. this ‘‘(2) the term ‘congressional earmark’ clerk will call the roll. evening and that at 8:40 p.m., Members means— The assistant legislative clerk pro- then proceed as a body to the House of ‘‘(A) a provision or report language in- ceeded to call the roll. Representatives for the State of the cluded primarily at the request of a Member, Union Address; that upon the conclu- Delegate, Resident Commissioner, or Sen- Mr. DURBIN. Mr. President, I ask ator providing, authorizing or recommending unanimous consent that the order for sion of the address, the Senate then a specific amount of discretionary budget the quorum call be rescinded. stand adjourned until 9:30 a.m., authority, credit authority, or other spend- The PRESIDING OFFICER. Without Wednesday, January 24; that on ing authority for a contract, loan, loan guar- objection, it is so ordered. Wednesday, following the prayer and antee, grant, loan authority, or other ex- f pledge, the morning hour be deemed penditure with or to an entity, or targeted to expired, the time for the two leaders be a specific State, locality or Congressional PROVIDING FOR A CONDITIONAL reserved for their use later in the day; district, other than through a statutory or ADJOURNMENT OF THE HOUSE that there then be a period for the administrative formula-driven or competi- OF REPRESENTATIVES tive award process; transaction of morning business until ‘‘(B) any revenue-losing provision that— Mr. DURBIN. Mr. President, I ask 10:30 a.m., with the time equally di- ‘‘(i) provides a Federal tax deduction, cred- unanimous consent that the Senate vided and controlled between the ma- it, exclusion, or preference to 10 or fewer proceed to the immediate consider- jority and Republican leaders or their

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00128 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — SENATE S1001 designees, with Senators permitted to 11:30 a.m. Also, Members will have Thereupon, the Senate, preceded by speak therein for up to 10 minutes until 10:30 a.m. to file second-degree the Deputy Sergeant at Arms, Drew each; that the majority control the amendments. Willison, the Secretary of the Senate, first half and the Republicans the sec- f Nancy Erickson, and the Vice Presi- ond portion; that at 10:30 a.m., there be dent of the United States, RICHARD B. an hour for debate prior to the cloture RECESS CHENEY, proceeded to the Hall of the vote on the Gregg amendment, with Mr. DURBIN. Mr. President, if there House of Representatives to hear the the time equally divided and controlled is no further business to come before address by the President of the United between the majority and Republican the Senate, I ask unanimous consent States, George W. Bush. leaders or their designees; that at 11:30 that the Senate stand in recess under (The address delivered by the Presi- a.m., the Senate proceed to vote on the the previous order. dent of the United States to the joint motion to invoke cloture on the Gregg There being no objection, the Senate, session of the two Houses of Congress amendment; and that Members have at 5:29 p.m., recessed until 8:30 p.m. and is printed in the proceedings of the until 10:30 a.m. to file second-degree reassembled when called to order by House of Representatives in today’s amendments. the Presiding Officer (Mr. BROWN). RECORD.) The PRESIDING OFFICER. Without f objection, it is so ordered. f JOINT SESSION OF THE TWO f HOUSES—ADDRESS BY THE ADJOURNMENT UNTIL 9:30 A.M. PROGRAM PRESIDENT OF THE UNITED TOMORROW Mr. DURBIN. Mr. President, tomor- STATES (H. DOC. NO. 110–ll) At the conclusion of the joint session row morning, we will have a period for The PRESIDING OFFICER. The Sen- of the two Houses and in accordance the transaction of morning business ate will proceed to the Hall of the with the order previously entered, at and then an hour for debate prior to House of Representatives to hear the 10:09 p.m., the Senate adjourned until the cloture vote. The cloture vote on address by the President of the United Wednesday, January 24, 2007, at 9:30 the Gregg amendment will occur at States. a.m.

VerDate Aug 31 2005 02:24 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00129 Fmt 0624 Sfmt 0634 E:\RECORD07\S23JA7.REC S23JA7 pwalker on PROD1PC69 with CONG-REC-ONLINE January 23, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E173 EXTENSIONS OF REMARKS

CONGRESSIONAL PENSION projects were examined in the light of day, not HONORING THE CONTRIBUTIONS ACCOUNTABILITY ACT the backrooms of Congress. OF CATHOLIC SCHOOLS I ask for consideration of this important pro- SPEECH OF vision. SPEECH OF

HON. BRIAN P. BILBRAY f HON. JOE DONNELLY OF CALIFORNIA OF INDIANA IN THE HOUSE OF REPRESENTATIVES RECOGNIZING MAYOR CURT IN THE HOUSE OF REPRESENTATIVES ANDRE Monday, January 22, 2007 Monday, January 22, 2007 Mr. BILBRAY. Mr. Speaker, thank you for HON. GEORGE RADANOVICH Mr. DONNELLY. Mr. Speaker, today I am the opportunity to speak on this very important proud to join my colleagues in the House of OF CALIFORNIA issue. As you know, my constituents have Representatives in unanimously passing H. been directly impacted by the very issue we IN THE HOUSE OF REPRESENTATIVES Res. 51 honoring the contributions of Amer- are voting on today. The previous Congress- Tuesday, January 23, 2007 ica’s Catholic Schools. man from my great Congressional district, Mr. RADANOVICH. Madam Speaker, I rise As a product of Catholic schools, I know Randy Cunningham, used this Chamber and today to recognize the Honorable Curt Andre first-hand the value of a Catholic education. his position to line his pockets with bribe for his many years of service and leadership Through grade school, high school, college, money from lobbyists. He violated the trust of to the City of Turlock and greater Central Val- and law school, my Catholic schooling not his constituents and his colleagues with his ley. Mayor Andre has served as the Mayor of only prepared me for academic success, but behavior, tarnishing this institution. Unfortu- Turlock for an unprecedented seventeen years also taught me to serve my community by nately, the taxpayers will be forced to pay a and as the Chairman of Turlock’s Planning sharing my Catholic values. Thus, it is no sur- sizeable pension to him every year. Commission for the previous eight years. prise that a Catholic education also played a I think this legislation is an important first Mayor Andre was born and raised in Turlock critical role in the intellectual and spiritual step in denying pensions to Members of Con- and—after earning a degree in optometry from growth of my own children as well. gress who abuse the trust of the people. How- the University of California at Berkeley—he re- Today, America’s Catholic schools are wide- ever, I want to note that this legislation did not turned to Turlock to start his profession. Mayor ly recognized among the best academic insti- go far enough. Andre has since served as the President of tutions in the country. From pre-schools to First, it has a 2-year implementation win- Statesmen of Stanislaus, the President of graduate schools, Catholic intuitions prepare dow, which would allow any Member con- Turlock’s Active 20–30 Club, a member of the nearly 2.4 million young men and women for victed over the next two years to maintain United States Conference of Mayors, and a meaningful lives rooted in spirituality, respect their pension. I think this is the wrong mes- member of the California State University Ad- for others, and a sense of social responsibility. sage to send. If it was constitutional, I would visory Board. It gives me great confidence to know that support retroactively taking away the pensions In addition to these roles, Mayor Andre has America’s Catholic schools are preparing a of convicted felons such as Dan Rostenkowski served as the Chairman of the Turlock Plan- new generation equipped with the knowledge and Randy Cunningham. ning Commission and Mayor of Turlock for a and values to serve our communities and to Additionally, I think H.R. 476 does not go far total of twenty-nine. Overseeing the growth of meet the many challenges present in our enough in detailing the types of crimes that a town from roughly 30,000 to over 70,000, world. On behalf of myself and my family, I would trigger these provisions. That is why I Mayor Andre has been a much needed ele- want to commend the thousands of dedicated am a strong supporter and cosponsor of H.R. ment of consistency in Turlock’s time of transi- servants that make Catholic education a foun- 14, sponsored by Congressman MARK KIRK. tion. dation for a better today and tomorrow. His legislation, the Congressional Integrity Act, For his commitment to a better quality of life f would deny a Congressional pension to any in Turlock, Mayor Andre has received the Paul Member convicted, and denied a final appeal, RECOGNIZING THE 40TH ANNIVER- Harris Award, the Distinguished Public Service for a much more expansive number of crimes SARY OF MINNESOTA PUBLIC Award from Rotary District 5220, the 2004 Cit- directly related to the official duties of a Mem- RADIO izen of the Year Award from the Turlock ber of Congress. Chamber of Commerce, and the 2006 Out- This legislation is long overdue. I was proud standing Community Leader from the Cali- HON. BETTY McCOLLUM to support a similar measure, H.R. 4011, in fornia State University at Stanislaus. OF MINNESOTA the 104th Congress along with many of my Madam Speaker, I rise to recognize Mayor IN THE HOUSE OF REPRESENTATIVES Democratic and Republican colleagues, in- Andre for his many years of service and dedi- Tuesday, January 23, 2007 cluding current Speaker NANCY PELOSI and cation to the residents of Turlock. I urge my our former Speaker DENNIS HASTERT. Ms. MCCOLLUM of Minnesota. Madam colleagues to join me in wishing him many I call on Speaker PELOSI to widen the scope Speaker, it is my great pleasure to rise today years of continued happiness and success. of this legislation to help us regain the trust of to recognize Minnesota Public Radio’s 40 the American people and withhold the pen- f years of broadcasting excellence. sions of those who violated that trust. Minnesota Public Radio—or simply ‘‘MPR’’ Furthermore, I call on Speaker PELOSI to PERSONAL EXPLANATION as it is known to its many members and consider important legislation to develop strict- fans—began humbly on January 22nd, 1967, er, more transparent regulations on pork-barrel HON. EARL POMEROY as a small radio station at Saint John’s Univer- spending, also known as ‘‘airdropped’’ ear- OF NORTH DAKOTA sity in Collegeville, Minnesota. Thanks to the marking. I was proud to introduce legislation IN THE HOUSE OF REPRESENTATIVES extraordinary vision and dogged determination that would ban the practice of slipping ear- of then-recent graduate Bill Kling (now MPR marks into Conference reports that have not Tuesday, January 23, 2007 President) and future college president Father been approved by either the House or the Mr. POMEROY. Madam Speaker, on Janu- Colman Barry, that little college radio station Senate previously. These items do not have ary 22, 2007, due to flight delays, I missed has grown into a 37-station network that the benefit of being debated in Committee or rollcall votes Nos. 43, 44, 45, and 46. Had I serves nearly 800,000 every day with its pro- on the floor of the House of Representatives. been present, I would have voted in the fol- gramming for radio, Internet and in-person au- By requiring the Conference Committees to lowing manner: Rollcall No. 43, yea; rollcall diences. Nationally, MPR reaches more than only consider items that were passed by one No. 44, yea; rollcall No. 45, yea; rollcall No. 14 million people through original programs of the Chambers; we can ensure that all 46, yea. produced by American Public Media.

∑ 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 03:13 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JA8.001 E23JAPT1 hmoore on PROD1PC68 with HMREMARKS E174 CONGRESSIONAL RECORD — Extensions of Remarks January 23, 2007 Throughout the years, MPR has earned dis- part of the Union Army occupying Brownsville COLLEGE STUDENT RELIEF ACT tinction as one of the nation’s finest public in the 1860s. OF 2007 radio systems, offering world-class news and She is an amazing woman, a quiet, simple cultural programming. Its vision has always in- lady whose love in life is service to others. HON. MIKE ROGERS cluded strengthening radio nationally. In 1970, She believes her longevity is a gift from God, OF MICHIGAN MPR helped provide the leadership to found one which she repays by spending her long IN THE HOUSE OF REPRESENTATIVES National Public Radio, with President Kling life helping others in her community. Tuesday, January 23, 2007 serving on NPR’s first board of directors. In 1982, MPR launched American Public Radio She remembers going to military band con- Mr. ROGERS of Michigan. Madam Speaker, and its corporate parent (later renamed Amer- certs at Fort Brown—the Army fort around I rise today to express concerns with the Col- ican Public Media), which distributes Min- which Brownsville grew—as a teenager during lege Student Relief Act, which passed the nesota Public Radio programming, to affiliate World War I, and remembers the daily cannon House on January 17, 2007. As the author, while a Michigan State Sen- stations nationwide. firings during those troubled times. ator, of legislation creating the Michigan Edu- One of MPR’s most formative years was Ms. Rock is a very nice and humble lady cation Savings Plan, my commitment to help- 1974, when a talented young writer who was who is wholly devoted to her faith and the ing families afford college has been a long- working as a classical music host at the sta- South Texas community. Her way is to help standing priority of my public service tenure. In tion began a regular Saturday night variety others in a private way, not a public way to fact, this program has helped thousands of show. The host was Garrison Keillor, the show win accolades. The look of happiness in the Michigan families save for college expenses ‘‘A Prairie Home Companion,’’ and the rest eyes of another is all the tribute she would as well over 100,000 accounts have been was history. From its home in St. Paul’s Fitz- want or need. opened since the program’s inception. gerald Theater, and on the road, ‘‘A Prairie She is an extraordinary American who has Unfortunately, for many families, their ability Home Companion’’ continues to entertain lis- to save cannot keep pace with the rising costs teners every Saturday night on MPR and on seen the history of our Nation in the 20th Cen- tury from the front row. She says she is still of post-secondary education. For these fami- public radio stations across America. lies, student loans represent an integral piece MPR has come a long way since its college so vibrant after 100 years because the Lord has seen fit to keep her on the earth, but to the higher education puzzle, which is why radio station beginnings. It continues to ex- we, as policymakers, must ensure that our ac- also—she says with a twinkle in her eyes—be- pand and enhance its programming to serve a tions meet the twin goals of reducing the cost cause she loves chocolate. diverse, dynamic and growing audience. In re- of, and increasing access to, a college edu- cent years, it has launched ‘‘The Current,’’ a Madam Speaker, I would imagine she would cation, critically acclaimed music service helping to not have expected for a woman to occupy the The College Student Relief Act represents a showcase local talent in addition to its news Speaker’s Chair for the U.S. House of Rep- short-term solution for student loan relief for a and information and classical music services. resentatives during her lifetime; we are both very specific group of student borrowers. This In 2006, MPR completed a $46 million capital glad to have the opportunity to see you there. legislation reduces the student loan rate on campaign that has enlarged its St. Paul head- I ask Speaker PELOSI, and our colleagues, only subsidized Stafford loans. It does not re- quarters, adding to the network’s ability to to join me in commending the long and beau- duce the rates of undergraduate students bor- serve the public through high-quality program- tiful life of Nora Rock. rowing from unsubsidized Stafford loans, nor ming. does it provide relief to graduate students. MPR news and information earns its reputa- f Furthermore, this legislation does not perma- tion as ‘‘the most trusted news source’’ for nently reduce student loan rates but cuts rates Minnesotans daily with its thorough and ‘‘SUPPORT OUR TROOPS’’ DAY over five years, after which point they will go thoughtful coverage and timely reporting. This back to a higher interest rate, in effect pro- trust is exemplified through MPR’s partnership viding only six months of relief. with the State of Minnesota to maintain and HON. JOE KNOLLENBERG Lastly, I believe students must be provided improve the technical infrastructure to the with borrowing choices, and they should be state’s Emergency Alert System (EAS). In ad- OF MICHIGAN able to borrow from lenders who provide the dition, MPR serves as the backbone of the IN THE HOUSE OF REPRESENTATIVES most affordable option for them and their fami- state’s AMBER Alert child abduction warning lies. A competitive student loan marketplace is system. Tuesday, January 23, 2007 central to lowering the longterm costs associ- I join my fellow Minnesotans who are so ated with higher education proud of MPR’s commitment to its audience. Mr. KNOLLENBERG. Madam Speaker, one Rest assured, I will continue to work in Con- We rely on MPR for news without spin, for year ago I came across a young high school gress, must work, to help make college more high quality music and cultural programming. student who had a brilliant and patriotic idea. affordable and attainable for every American Most of all, we appreciate the people who Alexandra McGregor set out to establish a family. make MPR great. They have built a strong ‘‘Support Our Troops’’ Day and for the second f foundation that will ensure that MPR will be year in a row I am introducing a resolution in- spired by Alexandra. IN RECOGNITION OF THE serving listeners for decades to come. RETIREMENT OF MR. PAT LANE Madam Speaker, please join me in com- A year ago, my office got word of mending Minnesota Public Radio for its con- Alexandra’s extraordinary effort to contact, HON. KAY GRANGER tributions to Minnesota and the nation through- local, State, and Federal officials in support of OF TEXAS a national ‘‘Support Our Troops’’ Day. Alex- out its first 40 years on the air. IN THE HOUSE OF REPRESENTATIVES f andra even went as far as to write to one school in each State encouraging them to par- Tuesday, January 23, 2007 MS. NORA ROCK ticipate in a moment of silence on March 26th, Ms. GRANGER. Madam Speaker, I rise her grandfather’s birthday, who was an Amer- today to congratulate Mr. Pat Lane, on the oc- HON. SOLOMON P. ORTIZ ican soldier. casion of his retirement from Lockheed Martin OF TEXAS Every year, this House celebrates Memorial Aeronautics Company after more than 40 years of dedicated service. Pat will be greatly IN THE HOUSE OF REPRESENTATIVES Day; in a month we will take time out of the missed, and I join his many friends and co- Tuesday, January 23, 2007 schedule to celebrate our Presidents, and fur- workers with whom he served in wishing him ther down the road we will honor our veterans; Mr. ORTIZ. Madam Speaker, I rise to com- the best of luck in the next phase of his life. mend a pioneer of Brownsville, Texas, on the but never do we honor our active-duty military Pat began his long and distinguished career occasion, of her 105th birthday. men and women who are protecting our free- with then-General Dynamics Fort Worth Divi- Nora Rock will celebrate that birthday to- dom today. sion in 1966. He was elected by his peers as morrow; and her name belies her strength. With inspiration from Alexandra, my resolu- the union representative for his department, a She is a rock. That also describes her faith in tion encourages Americans to participate in a position he served in until 1974. He was then the Lord; He is her rock. moment of silence on March 26th to think elected to the office of Business Representa- Her family came to Brownsville in the after- about those who are serving this country both tive for International Association of Machinists math of the Civil War. Her grandfather was at home and abroad. and Aerospace Workers, District Lodge 776.

VerDate Aug 31 2005 03:13 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JA8.005 E23JAPT1 hmoore on PROD1PC68 with HMREMARKS January 23, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E175 Since 1978, Pat has served as President coaches were certain that Keeley, with his the 23rd Annual NAACP Humanitarian of the and Directing Business Representative for the positive attitude and outstanding leadership Year Banquet on Saturday, January 27 in Dur- District Lodge. In this role, Pat has had the re- skills, would be a cornerstone of the next sea- ham, North Carolina. Her work over the last sponsibility of negotiating multiple labor agree- son’s football team. He had even been se- year is inspiring but what truly makes her re- ments and enforcing 61 labor agreements with lected to be a host for visiting high school re- markable is the scope of her deeds over a life- employers. He also served 10,000 members cruits, a duty usually carried out only by up- time. representing nineteen local lodges in the Dis- perclassmen. Carolyn Quilloin Coleman is a native of Sa- trict. Finally, he had the full responsibility of As I join with Keeley’s family and friends in vannah, Georgia, where as a young woman overseeing and supervising a full staff of elect- mourning a life lost so young, I know that they she became involved in civil rights and human ed business representatives and office em- are proud of him and of the accomplishments rights issues with the local NAACP Youth ployees. he made in his 19 years. I know the University Council. After a 9 year ban of the NAACP in Particularly noteworthy is Pat’s work in es- of South Florida family will remember him al- Alabama, Coleman joined the late Althea Sim- tablishing a Joint Apprenticeship Program be- ways. mons in reorganizing units in that State. She tween General Dynamics and District Lodge f currently serves as Secretary of the National 776, which has continued under Lockheed TRIBUTE TO UNITED STATES Board and Assistant Secretary of the National Martin. This model program successfully Association. On the State level, Mrs. Coleman trained highly skilled aircraft tooling personnel COAST GUARD RESERVIST SPRING DE HAVILAND is the First Vice President of the North Caro- with a high completion rate. I am most familiar lina State Conference and is a member of the with Pat’s outstanding work with the Commu- Greensboro Branch’s Executive Committee. nity Learning Center in Fort Worth. Currently, HON. HENRY A. WAXMAN Mrs. Coleman graduated from Savannah he serves on the Board of Directors for the OF CALIFORNIA State College with a Bachelor of Science de- Community Learning Center which provides IN THE HOUSE OF REPRESENTATIVES gree in History and minors in Economics and skills training to unemployed, underemployed Tuesday, January 23, 2007 Sociology. She pursued her Masters Degree and displaced workers. in Adult Education at North Carolina A&T and Pat Lane has also been extremely active in Mr. WAXMAN. Madam Speaker, I rise to ac- has also studied at the Memphis Theological the Fort Worth community. He served on the knowledge and thank retiring United States Seminary in Tennessee. Texas Council on Workforce and Economic Coast Guard Reserve Public Affairs Specialist Competitiveness for four years. In addition, he First Class Spring de Haviland for her exem- Professionally, Mrs. Coleman served as the served on the Board of Directors for the plary service to our Nation. Special Assistant to Governor Jim Hunt for Tarrant County United Way as well as the Specialist First Class de Haviland retired eight years, providing guidance on issues of Tarrant County Junior College as a labor con- from the United States Coast Guard Reserves the minority community. In her forty-year rela- sultant. Furthermore, he has devoted his time on January 11, 2007 after 30 years of service tionship with the NAACP, Mrs. Coleman has as a youth baseball coach and Boy Scouts that began on January 26, 1977. She served served with distinction as a Regional Youth Di- Leader. at a number of duty stations, including San rector, Alabama State Director, Southeast Madam Speaker, I am honored to have had Pedro, California, Valdez, Alaska, Grand Voter Education Director and the North Caro- this opportunity to recognize the dedication of Haven, Michigan, Kodiak Island, Alaska, lina State Director. Mr. Pat Lane to the Fort Worth community. As Washington, D.C. United States Coast Guard Mrs. Coleman led the North Carolina State he retires, I join his friends and family in wish- Headquarters, and Washington Island, Wis- Conference in filing 13 lawsuits challenging ing him a long and happy retirement. He has consin. the at-large elections of Judges, County Com- certainly earned it. During her distinctive career, Ms. de missioners, City Council and School Board f Haviland earned 6 Good Conduct Medals, 6 members. Her efforts led to redistricting in the Meritorious Service Medals, a Unit Com- State, which made possible the election of two MOURNING THE PASSING OF mendation Medal, and a Special Operations African-American Members of Congress in the KEELEY DORSEY, A STUDENT AT Medal. She received 4 awards for exemplary 1990s, the first since Reconstruction. In total, THE UNIVERSITY OF SOUTH service from the U.S. Department of Defense the results of those suits led to the election of FLORIDA Information School for her work as a public af- ten African-American Superior Court Judges fairs, media relations, community relations and and over 100 new African-American officials. HON. KATHY CASTOR cultural affairs relations instructor. Among her In 2006, Mrs. Coleman won re-election to OF FLORIDA many projects, she created, produced and dis- the Guilford County Board of Commissioners IN THE HOUSE OF REPRESENTATIVES tributed worldwide to the military Persian Ex- with 74 percent of the vote and was elected cursion, a humorous video featuring Bob Tuesday, January 23, 2007 the first African-American woman to chair the Hope, and directed the Two Hundred Year Board. As a Commissioner, Mrs. Coleman is a Ms. CASTOR. Madam Speaker, I rise today USCG Anniversary celebration in Grand liaison on several boards, including the with great sadness to recognize the life of a Haven, Michigan. Ms. de Haviland was also Greensboro Sports Commission, the Greens- talented student at the University of South recognized as Outstanding Enlistee of the boro Convention and Visitors Bureau, the Florida, Keeley Dorsey. I know my colleagues Year by her USCGR group. Piedmont Authority for Regional Transpor- join with me in extending their sincere condo- I ask my colleagues to join me in recog- tation, the Piedmont Triad Council of Govern- lences to Keeley’s family and friends who nizing Specialist First Class de Haviland for ments and the Work First Planning Board, in knew him well and loved him deeply. her 30 years of dedicated service. Our Nation addition to her responsibilities on the Board’s The USF family lost a valued member of its owes her a debt of gratitude for her commit- Budget Process Committee, Community community last Wednesday afternoon. Unfor- ment and record of accomplishments. Based Organizations Study Committee and tunately, during a routine workout session with f School Budget Committee. his fellow football team members, Keeley passed out, and efforts to revive him were un- CONGRATULATING THE 2007 NAACP Despite her years of continued service, Mrs. successful. He was only 19 years old, but HUMANITARIAN OF THE YEAR Coleman still makes time for her friends—as a even during his short time among us, Keeley HON. CAROLYN Q. COLEMAN member of Delta Sigma Theta Sorority, her made a huge impact on those around him and family—as the mother of one son, Carlton, set a sterling example for what hard work and and faith—as a communicant of the New Zion HON. G.K. BUTTERFIELD Baptist Church in Greensboro. perseverance can achieve. OF NORTH CAROLINA I have had the privilege of knowing Mrs. Keeley was a star football player at Lincoln IN THE HOUSE OF REPRESENTATIVES High School in Tallahassee, strong enough to Coleman for more than twenty years as a fam- play three positions—quarterback, tailback and Tuesday, January 23, 2007 ily friend and a colleague in the struggle for wide receiver. As he excelled on the football Mr. BUTTERFIELD. Madam Speaker, I rise racial justice. There is no question that her field, he worked just as diligently on his aca- today to honor a great woman in the African- work has made a difference in the lives of demics and gained admission to USF. In American community and a visionary leader in many North Carolinians. Keeley’s first football game last fall, he ran 52 North Carolina, The Honorable Carolyn Q. Madam Speaker, I ask my colleagues to join yards for a touchdown. Over the course of the Coleman. Mrs. Coleman will receive the 2007 me and the delegates to the NAACP Con- season, his talent on the field showed, and NAACP Humanitarian of the Year Award at ference in paying tribute to this courageous

VerDate Aug 31 2005 03:13 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JA8.009 E23JAPT1 hmoore on PROD1PC68 with HMREMARKS E176 CONGRESSIONAL RECORD — Extensions of Remarks January 23, 2007 and dedicated woman who has worked to fos- Regrettably, over the past six years the cur- providing student loans. When the government ter and continue our Nation’s founding prin- rent Administration has presided over the places mandates reducing their ability to com- ciple—that all men and women are created slow, but steady, dismantling of the public’s pete—we all lose by driving competitors out of equal. confidence in our water resources. Inadequate the marketplace. H.R. 5 directly targets the f budgets, the easing of regulatory safeguards, Federal family education Loan industry, deal- and misguided priorities have brought about a ing a devastating blow to the industry that has THE CLEAN WATER STATE dramatic reversal in national water quality helped millions of students go to college. REVOLVING LOAN FUND trends. I urge my colleagues. to oppose this legisla- We have not enacted a Water Resources tion and work toward a bill that will actually HON. EDDIE BERNICE JOHNSON Development Act since this President has help college students realize their goals of fur- OF TEXAS been in office. This is ridiculous! thering their education. IN THE HOUSE OF REPRESENTATIVES Adequate investment in our Nation’s drink- f ing water infrastructure has also been woefully Tuesday, January 23, 2007 neglected. Two years ago the EPA conducted RECOGNIZING MRS. MICKEY Ms. EDDIE BERNICE JOHNSON of Texas. a survey of the needs of public water systems. PEABODY Madam Speaker, it was brought to my atten- The survey estimates that public water sys- tion that on last Friday—during the customary tems need to invest $276 billion on drinking HON. GEORGE RADANOVICH exchange between Majority Leader HOYER water infrastructure improvements over twenty OF CALIFORNIA and Minority Whip BLUNT—the gentleman from years to comply with drinking water regula- IN THE HOUSE OF REPRESENTATIVES Missouri had some questions regarding the tions and to ensure safe water. Tuesday, January 23, 2007 ‘‘substantive’’ nature of my subcommittee’s Without a renewed commitment towards in- business on last Friday. vestment from all parties, in less than a gen- Mr. RADANOVICH. Madam Speaker, I rise As the recently elected Chairwoman of the eration, the U.S. could lose much of the gains today to recognize Mrs. Mickey Peabody for Water Resources and Environment Sub- made possible by the Clean Water Act. her many years of service and leadership to committee, I have come to the floor to address State and local governments can not tackle the City of Oakdale and the community of the gentleman’s inquiries. these enormous challenges alone. The Fed- Stanislaus County. On January 19th, friends From the onset, I want to make it clear to eral Government must be a willing and able and colleagues will hold an event to express the gentleman from Missouri that I empathize partner and the time to act is now. The Fed- sincere gratitude and to congratulate Mickey with his disgruntlement over our current work eral Government must renew its commitment as she receives the Lifetime Achievement schedule. to ensure the chemical, physical, and biologi- Award from the Oakdale Chamber of Com- However, I also want the gentleman to un- cal integrity of our Nation’s water supply. merce. derstand that I will not sit idly by and allow the We owe future generations no less. In addition to her history of great community escalation of the gentleman’s disgruntlement f involvement, Mickey will be thanked for her to come at the expense of my subcommittee years of devotion to the Stanislaus County COLLEGE STUDENT RELIEF ACT and the good work of the committee members. Commission for Women, Childcare Planning OF 2007 The Water Resources Subcommittee has Council, Mental Health Board, Commission on Aging, Citizens Against Substance Abuse, the broadest agenda of any of the Transpor- SPEECH OF tation Subcommittees, covering Corps of Engi- Oakdale Fights Back, and the California Sen- neers’ projects and authorities, EPA’s Clean HON. BRIAN P. BILBRAY ior Legislature—along with many other agen- Water and Superfund Programs, Brownfields, OF CALIFORNIA cies and commissions. the Tennessee Valley Authority, the Saint IN THE HOUSE OF REPRESENTATIVES In addition to this Lifetime Achievement Lawrence Seaway, and programs carried out Wednesday, January 17, 2007 Award, Mickey has received awards that in- by the National Oceanic and Atmospheric Ad- clude Outstanding Woman of the Year, Out- Mr. BILBRAY. Madam Speaker, I rise in op- standing Senior Citizen, and Woman of Dis- ministration and the Natural Resources Con- position to H.R. 5, the College Student Relief servation Service. tinction. Additionally, Mickey has earned a Act of 2007. leadership award from the California Public Last Friday, with a standing room only Make no mistake; H.R. 5 is a bad bill which Health Consortium and the National Center for crowd, the Subcommittee returned to some of does not live up to its title. In fact, this legisla- the unfinished work of the previous, Repub- Small Communities. tion provides no assistance to help future and Mickey has a past filled with great instances lican-led Congress—particularly, reauthoriza- current students attend college. Instead of tion of the highly popular Clean Water State of charity and compassion, and she will un- helping increase attendance, this legislation doubtedly continue this same community de- Revolving Loan Fund program. seeks to reduce interest rates for those mak- This is the same program that, despite bi- votion in the years to come. ing payments on their student loans. This is a Madam Speaker, I rise to recognize Mrs. partisan efforts, was blocked from floor consid- worthy goal. But this legislation accomplishes Mickey Peabody for her many years of service eration by Republican leadership last Con- this by taxing private lenders, ultimately reduc- and philanthropy. I urge my colleagues to join gress due to various objections to certain ing the number of lenders willing to participate me in wishing her many years of continued wage provisions. in the student loan program. happiness and success. The Clean Water State Revolving Loan H.R. 5 provides a short-term reduction in in- Fund program is a powerful partnership be- terest rates for students who received feder- f tween EPA and the States. It allows States ally guaranteed subsidized loans while they COMMEMORATING THE 60TH ANNI- the flexibility to provide funding for projects were attending college. In order to pay for this VERSARY OF THE HAPPY HOOLI- that will address their highest-priority water required rate reduction, this legislation forces GANS quality needs. private lenders to reduce their rates below The program allows Federal, State, and market value. Additionally, this legislation dou- HON. EARL POMEROY local agencies to leverage limited dollars. bles the tax imposed on these lenders by in- OF NORTH DAKOTA Moreover, loans for such water infrastructure creasing the lender origination fee from .05 IN THE HOUSE OF REPRESENTATIVES projects also tend to stimulate local economies percent to 1 percent. by encouraging commercial development and Over the course of this debate we have Tuesday, January 23, 2007 construction and creating good paying jobs. heard stories from Members of Congress Mr. POMEROY. Madam Speaker, on Janu- As a result of this, the Water Resources & about how the ability to go to school greatly ary 16, I joined the Happy Hooligans and the Environment Subcommittee will be moving for- added to their quality of life. I agree whole- North Dakota Air National Guard in celebrating ward on a pro-environment and pro-infrastruc- heartedly that there are numerous benefits to their 60th Anniversary. This unit—the 119th ture agenda. attending college. However, not one of those Fighting Wing, now rechristened the 119th Over the coming weeks my subcommittee Members of Congress would have had greater Wing—has served our nation for the better will be introducing legislation aimed at reau- access to college if H.R. 5 had been in effect part of the last century, and their dedicated thorizing a series of long overdue Clean Water when they were undergraduates, because this commitment to our Nation’s defense will only Act program provisions and water infrastruc- bill does nothing for aspiring students. continue in the coming years. ture bills aimed at restoring and maintaining Finally, I think it is important to note that we I can remember being at the Capitol on confidence in our Nation’s water resources. have a very competitive private marketplace September 11th and one year later, being at

VerDate Aug 31 2005 03:13 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JA8.012 E23JAPT1 hmoore on PROD1PC68 with HMREMARKS January 23, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E177 the Pentagon to recognize those pilots from great pride, even motherly pride, that I see RETIREMENT OF SUSAN K. KERN, the 119th Fighter Wing, who were flying vigil him move on to a key position in the office of DIRECTOR OF THE UNIONDALE that day and in fact, did the first fly-over of the Majority Whip JIM CLYBURN. PUBLIC LIBRARY Pentagon after the attack. These moments will In the early fall of 1997, I literally recruited forever be part of the Hooligans’ history. Jon Samuels off the street in my home town HON. CAROLYN McCARTHY This unit demonstrated time and again a OF NEW YORK commitment to excellence in flying fighter air- of Evanston, Illinois. He and I were walking to- IN THE HOUSE OF REPRESENTATIVES gether in a student-led march against violence craft. The William Tell competition, which pits Tuesday, January 23, 2007 the top fighter units from across the country, that started at the High School and ended in was won by the 119th three times. The unit downtown Evanston, a few blocks from my Mrs. MCCARTHY of New York. Madam Speaker, I rise today to honor a dedicated and won the Hughes Achievement Award for air campaign office. He told me that he had re- spirited community leader from the 4th Con- defense twice. It only makes sense to provide cently graduated from college and talked such a skilled and decorated unit a mission for gressional District, Director of the Uniondale about the work he was doing with the youth in Public Library Susan K. Kern. Susan K. Kern the new century consistent with the evolution our community. I learned he was experienced began her library career 40 years ago in her of the United States Air Force. outdoors man and led young people on chal- hometown of Worcester, Massachusetts after We know about our two new missions—the lenging wilderness experiences. receiving her Master’s degree in Library C–21s and the Predators—but what we don’t By the time we reached our destination, I Science from Simmons College in Boston, yet know is how exactly the Hooligans will Massachusetts. make their next entry into the history books knew that I had to have Jon on my team. I Susan spent time working in public libraries with those aircraft. Ultimately, the 119th is clung to him during the speeches and then in Massachusetts, Rhode Island and New Jer- about the people that make it up and those took him directly to my office to sign him up sey before relocating to Long Island, New people have a record of accomplishment and as an organizer in the Campaign School I was York in 1981. great service to our Nation. creating. The Campaign School was to be In 1986, Susan became the Director of The 119th changes its mission, but brings made up of seventeen young people from Uniondale Public Library. She remained in that with it an enviable record for flying safety. The around the country who wanted to learn to be- position for over 20 years. During her tenure unit was awarded the Flight Safety Trophy at the Uniondale Public Library Susan was a come political professionals by working the four times in the past seven years. Since major factor in several projects and programs 1990, the ‘‘Happy Hooligans’’ have flown more Congressional campaign of a progressive that are still in existence today. She was re- than 70,000 hours in F–16 aircraft without an Democratic woman. In exchange for providing sponsible for installing the library’s first eleva- accident from dozens of locations around the excellent training, they would work for a sti- tor in 1987, coordinating the removal of dan- world, in a variety of weather conditions, dur- pend and organize a sufficient number of vol- gerous asbestos in 1992 to keep the commu- ing daylight and nighttime hours. That unteers and identify enough voters that would nity safe and healthy. achievement coupled with hours of accident elect me to Congress. The major project of her Uniondale Public free flying in F–4 fighters and flight hours in Library career has been the Building Expan- The plan worked, in large part, because Jon F–101 fighter aircraft is one of the best safety sion and Renovation project. Beginning in Samuels was a star. There wasn’t anything he records in U.S. Air Force history. 2003, this renovation took nearly 3 years to The pilots and other personnel in Fargo couldn’t do in that first campaign, and there complete, ending with a Grand Reopening today who have stood up to terrorists and was no way I could go to Washington without Celebration on January 8, 2006. This project stood for freedom to protect the United States him. For the next 8 years, Jon worked by my has doubled the size of the library and has en- are remarkable heroes and their stories will side as Legislative Assistant, Legislative Direc- abled the facility to offer more services and ring true for many years in our hearts and our tor, and then as Deputy Chief of Staff/Commu- materials for the community. history books. nications Director. Along with my amazing In addition to the great projects Susan has f Chief of Staff, Cathy Hurwit, Jon has been the completed, she is also responsible for many brains behind Team Schakowsky. programs for the community. Susan has initi- PERSONAL EXPLANATION ated many art exhibits, classes for both chil- As good as he was when he started, Jon dren and adults, and countless cultural pro- HON. MICHAEL R. TURNER has only gotten better. I have watched him grams for community members of all ages. Madam Speaker, I ask that my colleagues OF OHIO grow into one of the most capable, dedicated, join me today in recognizing the outstanding IN THE HOUSE OF REPRESENTATIVES strategic, focused, wise-beyond-his-years young men I have ever encountered. I have guidance provided by Susan K. Kern, and the Tuesday, January 23, 2007 relied on him to handle the most complicated remarkable accomplishments she has made Mr. TURNER. Madam Speaker, on rollcalls issues and situations, deal with the media, along the way. Together with her family and friends, I applaud Susan for her dedication numbers 44, 45, and 46, on January 22, I am constituents and outside groups, with other and service to the community. I wish her con- not recorded. members and their staffs. Had I been present, I would have voted tinued success, and am honored to have her ‘‘yea’’ on each vote. But even more than for all of his extraor- as a member of my district. f dinary talents and skills, I appreciate and love f Jon Samuels for his heart. Working in my of- A TRIBUTE TO JON SAMUELS HONORING JERRY ZREMSKI ON fice was never just a job for Jon. He believes HIS INAUGURATION AS PRESI- in our shared progressive vision. He believed DENT OF THE NATIONAL PRESS HON. JANICE D. SCHAKOWSKY our team could make a difference. And I al- CLUB OF ILLINOIS ways knew he believed in me, and that has IN THE HOUSE OF REPRESENTATIVES been and continues to be a source of inspira- HON. BRIAN HIGGINS Tuesday, January 23, 2007 tion. OF NEW YORK Ms. SCHAKOWSKY. Madam Speaker, Jon is now like family to me. I feel privileged IN THE HOUSE OF REPRESENTATIVES when our constituents think of the House of to say that because Jon is fiercely loyal to his Tuesday, January 23, 2007 Representatives, they think of the 435 elected family. He even calls his Grandmother every Mr. HIGGINS. Madam Speaker, I rise today Congressmen and women. Yet each of us is single day! to honor and congratulate Mr. Jerry Zremski, acutely aware that much of what we do or say And so, Madam Speaker, I rise to say on newly inaugurated president of the National simply wouldn’t happen without our hard- the record, Thank you, Jon Samuels. Thank Press Club and new Washington Bureau Chief working staff—the men and women who of the Buffalo News. Jerry has worked for the you for your service to the residents of the 9th choose this way to serve their country, and, Buffalo News for 27 years, and we are privi- oh yes, toil to make us look good. Congressional District of Illinois, for your con- leged to have such a reputable journalist cov- I rise today to pay tribute to Jonathan Sam- tinuing contributions to our country, for sticking ering our city. uels who has worked with me and for me from with me for over 9 years, and for your love Jerry joined the Washington bureau of the the earliest days of my first Congressional and friendship. You will always be part of Buffalo News in 1989. From presidential elec- race, beginning in 1997 until today. It is with Team Schakowsky. tions and the Buffalo waterfront to the Western

VerDate Aug 31 2005 03:13 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JA8.016 E23JAPT1 hmoore on PROD1PC68 with HMREMARKS E178 CONGRESSIONAL RECORD — Extensions of Remarks January 23, 2007 New York congressional delegation and inter- partisan vote of 28 to 4 and was the subject I am honored to represent William Floyd national conflicts, Jerry has played an integral of a Washington Post editorial on April 13, High School and these athletes who not only part in reporting and analyzing the news for 2005 entitled, ‘‘Real Lobbying Reform, A strive to succeed on the field of play, but in our great Western New York newspaper over House Committee Tackles the Nexus Between the classroom as well. As a parent, I value the these past years. Campaign Cash and Legislative Influence’’. important lessons that competitive athletics A native of Elkland, Pennsylvania, Jerry is a Unfortunately, a funny thing happened on the teaches our students in pursuit of a lifetime of Syracuse University graduate, where he re- way to the Rules Committee. This bundling success. I have long been an advocate of ceived his Bachelor’s degree in journalism and disclosure provision was mysteriously stripped sports and extracurricular activities as they he holds a Master’s degree in political science from the bill without a vote or comment. Any complement academic excellence, inspire from American University. effort to add the provision back into the bill in leadership, and build character, which better Jerry served as the president of the Re- the Rules Committee or on the House floor prepare our students to face the challenges of gional Reporters Association in 1997 and was was blocked. the 21st century. a Nieman fellow at Harvard University in Therefore, I was pleased to see that Sen- Special congratulations to William Floyd’s 1999–2000. Jerry previously served as the ators FEINGOLD and OBAMA drafted a similar head coach, Paul Longo, and the coaching National Press Club’s vice president, has also provision in the 110th Congress. The Senate’s staff who trained this football team to be the served as membership secretary and treasurer bundling disclosure requirement was included best on Long Island. These young student ath- since joining the Club in 1989. He is already in the Senate Ethics bill that passed by a vote letes represent all that is good about high taking a proactive approach to the upcoming of 96 to 2. This bill that I am introducing today school sports, and it is my privilege to serve year, identifying freedom of the press as the with Congressman MEEHAN contains the same as their Congressman. primary focus for his term in office. Jerry will provision. Go Floyd! undoubtedly continue to be a strong voice for The American people spoke loud and clear f free press worldwide, carrying on the National during the last election. They want reform. Press Club’s traditions of ethical and worthy They want this Congress to correct the abuses SUPPORTING THE GOALS AND journalism. of the past. This bill will shed much needed IDEALS OF NATIONAL MEN- Madam Speaker, I would like to take this light on the murky intersection of fundraising TORING MONTH 2007 opportunity to honor and celebrate the and the legislative process. I urge you to sup- SPEECH OF achievements of Jerry Zremski and thank him port this bill so that we can restore the Amer- for his contributions to our Western New York ican people’s faith in Congress and put the HON. SILVESTRE REYES community. public interest before the special interests. OF TEXAS f f IN THE HOUSE OF REPRESENTATIVES THE INTRODUCTION OF THE PERSONAL EXPLANATION Monday, January 22, 2007 BUNDLING DISCLOSURE ACT Mr. REYES. Mr. Speaker, I rise today in HON. MIKE ROGERS strong support of H. Res. 29, supporting the HON. CHRIS VAN HOLLEN OF MICHIGAN goals and ideals of National Mentoring Month OF MARYLAND IN THE HOUSE OF REPRESENTATIVES 2007. IN THE HOUSE OF REPRESENTATIVES Tuesday, January 23, 2007 The strains on America’s families are im- mense. Many parents work two and three jobs Tuesday, January 23, 2007 Mr. ROGERS of Michigan. Madam Speaker, to put food on the table and provide medical Mr. VAN HOLLEN. Madam Speaker, I rise on the legislative day of January 22, 2007 the care for their children. Sometimes, tragedy or today to introduce The Bundling Disclosure House voted on three measures under sus- medical emergency diminishes the support a Act. While we have already made tremendous pension of the rules. H. Res. 52, paying tribute child receives at home. The list of strides in the 110th Congress by passing to Reverend Waitstill Sharp and Martha Sharp, vulnerabilities children face is long. many ethics reform measures, in the first 100 H.R. 390, to require the establishment of a na- The worst circumstances, however, will hours, our work is not done. We must con- tional database in the National Archives to bring out the best in humanity. When a need tinue to move forward to ensure that the prop- preserve records and H. Res. 29, supporting exists, society often leans in to help shoulder er relationship is maintained between Mem- the goals and ideals of National Mentoring the load. bers of Congress and lobbyists who advance Month 2007. Today we are celebrating the uncanny abil- their clients, legislative interests before Con- On rollcall votes Nos. 44, 45 and 46 I was ity of Americans to lend a helping hand. Today gress. This bill is an important step in the di- unavoidably detained. Had I been present, I on the House floor and this month across rection of adding some sunlight to the activi- would have voted ‘‘aye.’’ America, we honor those people who sacrifice ties of lobbyists who have business before the f their time and energy to provide a friendly Congress while at the same time providing HONORING THE WILLIAM FLOYD face, a supportive shoulder, a patient ear, and campaign contributions, co-hosting events or HIGH SCHOOL VARSITY FOOT- a model for leadership and success in the collecting and transmitting the contributions of BALL TEAM form of mentoring relationships. others. According to Big Brothers, Big Sisters of While lobbyists are subject to the same HON. TIMOTHY H. BISHOP America, young people touched by mentors legal limitations as any other individual regard- are more confident in their schoolwork per- OF NEW YORK ing the amount of a contribution they can formance, able to get along better with their IN THE HOUSE OF REPRESENTATIVES make to a Member’s campaign, some lobby- families, 46 percent less likely to begin using ists also solicit, gather and transmit the con- Tuesday, January 23, 2007 illegal drugs, 27 percent less likely to begin tributions of others to Members. This ‘‘bun- Mr. BISHOP of New York. Madam Speaker, using alcohol, and 52 percent less likely to dling’’ practice enables lobbyists to enhance I rise to congratulate and recognize the ex- skip school. their significance to a Member of Congress traordinary efforts of the William Floyd High In my district of El Paso, Texas, I have seen and consequently, this practice should be School Varsity Football Team, for winning the the positive impact of mentoring firsthand transparent to the public 2006 Long Island High School Championship through my involvement with Big Brothers, Big This disclosure to the American people is and the coveted Rutgers Trophy. Sisters of El Paso. The hundreds of individ- essential in order to provide the accountability After an undefeated regular season, the Wil- uals who step up either as big brothers and that so many voters demanded as a result of liam Floyd Colonials captured the Conference sisters or in support of the organization not the abuses that took place in the recent past. I Championship, the Suffolk County Cham- only make a difference in the life of a child but We need to create transparency around the pionship, and finished the season with a 34– also provide a model for civic involvement that campaign finance practices of registered lob- 27 victory over Baldwin High School for the can be emulated by the community at large. byists. As Justice Brandeis has said, ‘‘sunlight Long Island Championship. The Colonials exe- Mr. Speaker, on a daily basis, scores of or- is the best disinfectant.’’ cuted on both sides of the football, in front of ganizations and millions of Americans provide Last year, I amended the Lobbying Disclo- more than 5,200 boisterous fans. They con- the positive relationships that help a child gain sure Act, in the Judiciary Committee, to re- trolled the game, exhibiting teamwork and the confidence and responsibility he or she quire lobbyists to disclose their bundling of great individual effort to finish with a perfect needs to succeed. funds. This amendment was adopted on a bi- 11–0 season. I urge my colleagues to support this bill.

VerDate Aug 31 2005 03:13 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A23JA8.020 E23JAPT1 hmoore on PROD1PC68 with HMREMARKS January 23, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E179 TRIBUTE TO COACH TONY So, today I am not honoring a coach and that they will be in a safe environment. And NAPOLET his distinct record, but rather a great man who we have the right to expect that much. also happens to be a fantastic coach. f f HON. TIM RYAN PRESIDENT BUSH EXPECTED TO OF OHIO THE CAMPUS FIRE SAFETY RIGHT SPEAK OUT ABOUT GLOBAL IN THE HOUSE OF REPRESENTATIVES TO KNOW ACT OF 2007 WARMING TONIGHT—NEEDS TO Tuesday, January 23, 2007 ACT Mr. RYAN of Ohio. Madam Speaker, I rise HON. BILL PASCRELL, JR. today to honor the recently completed season OF NEW JERSEY HON. DONALD M. PAYNE and still ongoing career of someone who is an IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY institution in Ohio High School football and the Tuesday, January 23, 2007 IN THE HOUSE OF REPRESENTATIVES community of Warren, Ohio. Coach Tony Mr. PASCRELL. Madam Speaker, 7 years Tuesday, January 23, 2007 Napolet was awarded this year’s Coach of the ago this month, Seton Hall University in South Mr. PAYNE. Madam Speaker, over the last Year award after leading the Warren JFK Ea- Orange, NJ, suffered a horrible tragedy, as a week we’ve heard that President Bush is fi- gles to a 14–1 season capped by a berth to fire ripped through one of its residence halls. nally going to admit tonight what most of us the Division 5 State championship game. That fire killed 3 young freshmen and wound- have known for years—that global warming is Although I never had the opportunity to play ed 58 other students. actually occurring and that we as a Nation for him, Coach Napolet has been a friend and Unfortunately, campus fires have become all need to take action. mentor throughout my entire adult life. The too common. Each year, thousands of fires Tonight’s expected pronouncement from the year following my graduation from Warren rage through the campuses and off-campus President is welcome news, but it does not ex- JFK, Tony Napolet was brought on for what housing of our colleges and universities. Since cuse the administration’s past record on global he anticipated as being a 1-year stint as JFK January 2000, almost 100 people have died in warming. head coach. That season, after squeaking into campus-related fires across the country. In Over the last six years, the Bush administra- the playoffs, Napolet and the Eagles rattled off 2006 alone, 12 people were killed. tion has served as a major roadblock to re- an amazing run to win the State Champion- Last week, I was proud to reintroduce the versing dangerous warming trends. The Presi- ship. At the conclusion of that season Coach Campus Fire Safety Right to Know Act of dent walked away from international efforts to Napolet agreed to come back to coach the 2007, H.R. 592, in response to this problem. help reduce this growing danger to our planet, Eagles indefinitely. He followed his title win- This bill is widely supported, and has garnered refusing to actually lead on this critically im- ning season with another birth to the State 28 bipartisan cosponsors to date. Senator portant issue. championship game. Although Coach Nap and FRANK LAUTENBERG has also introduced com- In my home State of New Jersey, we are the Eagles suffered a 1-point loss, the 2nd panion legislation in the Senate, S. 354. proud of the fact that former Governor Richard straight appearance in the State championship This landmark legislation calls for colleges J. Codey took decisive action over a year ago game solidified Tony Napolet’s niche in the and universities to report vital fire safety infor- to strengthen our State’s efforts to combat upper echelon of Ohio high school football mation to the U.S. Department of Education. global warming by classifying carbon dioxide coaches. And that was hardly the twilight of This will allow prospective students and their as an air contaminant. This action made New Coach Nap’s career. He has since coached parents to make informed decisions regarding Jersey one of the first States in the Nation to the Eagles to numerous winning seasons and a fire-safe school based on criteria such as take such a step. By contrast, the Bush ad- three more State semifinal appearances in- the installation of automatic fire sprinkler sys- ministration has been in constant denial about cluding this past season’s appearance in an- tems, automatic fire alarm systems, fire pre- environmental dangers to our planet. other State championship game. vention training and other related factors. I hope President Bush provides more than Overall Coach Tony Napolet has garnered The Campus Fire Safety Right to Know Act just lip service on global warming as he ad- three top ten AP rankings, five state semi-final does not mandate upgrades; it simply requires dresses the Nation tonight. After all, the Presi- appearances, a winning percentage of .716 schools to collect and report data crucial to dent has pledged to reduce our dependence during his time at Warren JFK, and an overall the safety and well-being of students and on foreign oil every year since he took office, coaching record of 191 wins, 84 losses and 3 other residents. while his policies have consistently made the ties. The fact that this legislation was passed by problem worse. All of the records, statistics, and awards, the House of Representatives in the 109th Last year was the hottest ever recorded in however, cannot speak to the influential and Congress was due, in no small part, to the tre- our Nation’s history. Our planet simply cannot inspirational man that is Tony Napolet. One mendous support provided by leading fire afford more inaction from this administration. I thing that everyone who has ‘‘ever played for safety organizations. These and other organi- hope that the President is serious about join- Coach Napolet knows is that whether you zations have joined with me once again to ing us in producing policies that will reduce were the starting quarterback or the third support this vital legislation in order to protect greenhouse gas emissions. The time for ac- string defensive lineman, you were treated ex- our students on campuses across the Nation. tion is long overdue. actly the same. Not only was everyone an They are working tirelessly every day to im- f equal on the field, but also off the field, mid- prove fire safety for our citizens, and I want to season, off-season, and after you had grad- recognize and commend them for their sup- CONGRATULATING THE 2007 NAACP uated. Tony Napolet is known in the commu- port and their leadership. HUMANITARIAN OF THE YEAR nity just as much for what he does for young These fourteen organizations include Cam- HON. CAROLYN Q. COLEMAN people after they graduate, as he is for his pus Firewatch, The Center for Campus Fire coaching prowess. Of course there are the Safety, the Congressional Fire Services Insti- HON. G. K. BUTTERFIELD typical phone calls to college coaches and tute, the International Fire Chiefs Association, OF NORTH CAROLINA recommendation letters, but his involvement in the International Association of Fire Fighters, IN THE HOUSE OF REPRESENTATIVES his former players’ lives doesn’t end there. the International Code Council, the Inter- Coach Napolet is the one who helps you find national Fire Marshals Association, the Na- Tuesday, January 23, 2007 a summer job when you’re home from school, tional Association of State Fire Marshals, the Mr. BUTTERFIELD. Madam Speaker, I rise or serves as a reference on an internship ap- National Electrical Manufacturers Association, today to honor a great woman in the African plication. Since Coach Napolet is such an inte- the National Fire Protection Association, the American community and a vocal leader in gral part of the JFK High family, he in turn National Fire Sprinkler Association, the Na- North Carolina, the Honorable Carolyn Q. treats everyone as a member of his family. tional Volunteer Fire Council, the Society of Coleman. Mrs. Coleman will receive the 2007 Tony Napolet is every part of what a high Fire Protection Engineers, and Underwriters NAACP Humanitarian of the Year Award at school football coach should be. He realizes Laboratories. the 23rd Annual NAACP Humanitarian of the and has always realized that the role he plays Madam Speaker, I urge Congress to act Year Banquet on Saturday, January 27 in Dur- is not just that of football coach but as some- now on this important legislation so that we ham, North Carolina. Her work over the last one who is helping prepare young men for the may ensure a safe school environment for all year is inspiring but what truly makes her re- next step in their lives, whether that involves college and university students. When we en- markable is the scope of her deeds over a life- football or not. trust our children to any institution, we expect time.

VerDate Aug 31 2005 03:13 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JA8.025 E23JAPT1 hmoore on PROD1PC68 with HMREMARKS E180 CONGRESSIONAL RECORD — Extensions of Remarks January 23, 2007 Carolyn Quilloin Coleman is a native of Sa- nority community. In her 40-year relationship boro Sports Commission, the Greensboro vannah, Georgia, where as a young woman with the NAACP, Mrs. Coleman has served Convention and Visitors Bureau, the Piedmont she became involved in civil rights and human with distinction as a Regional Youth Director, Authority for Regional Transportation, the rights issues with the local NAACP Youth Alabama State Director, Southeast Voter Edu- Piedmont Triad Council of Governments and Council. After a 9-year ban of the NAACP in cation Director and the North Carolina State the Work First Planning Board in addition to Alabama, Coleman joined the late Althea Sim- Director. her responsibilities on the Board’s Budget mons in reorganizing units in that State. She Mrs. Coleman led the North Carolina State Process Committee, Community Based Orga- currently serves as Secretary of the National Conference in filing 13 lawsuits challenging nizations Study Committee and School Budget Board and Assistant Secretary of the National the at-large elections of Judges, County Com- Committee. Association. On the State level, Mrs. Coleman missioners, City Council and School Board Despite her years of continued service, Mrs. is the First Vice President of the North Caro- members. Her efforts led to redistricting in the Coleman still makes time for her friends—as a lina State Conference and is a member of the State, which made possible the election of two member of Delta Sigma Theta Sorority, her Greensboro Branch’s Executive Committee. African-American Members of Congress in the family—as the mother of one son, Carlton, Coleman graduated from Savannah State 1990s, the first since Reconstruction. In total, and faith—as a communicant of the New Zion College with a Bachelor of Science degree in the results of those suits led to the election of Baptist Church in Greensboro. History and minors in Economics and Soci- 10 African-American Superior Court Judges ology. Coleman pursued her Masters Degree and over 100 new African-American officials. Madam Speaker, I ask my Colleagues to in Adult Education at North Carolina A&T and In 2006, Mrs. Coleman won re-election to join me and the delegates to the NAACP Con- has also studied at the Memphis Theological the Guilford County Board of Commissioners ference in paying tribute to this courageous Seminary in Tennessee. with 74 percent of the vote and was elected and dedicated woman who has worked to fos- Professionally, Coleman served as the Spe- the first African-American woman to chair the ter and continue our Nation’s founding prin- cial Assistant to Governor Jim Hunt for 8 Board. As a Commissioner, Coleman is a liai- ciple—that all men and women are created years, providing guidance on issues of the mi- son on several boards including the Greens- equal.

VerDate Aug 31 2005 03:13 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JA8.028 E23JAPT1 hmoore on PROD1PC68 with HMREMARKS Tuesday, January 23, 2007 Daily Digest Senate toward ensuring the economic security of all the Chamber Action people of the United States upon retirement. Routine Proceedings, pages S873–S1001 Pages S880, S893–95, S898–S903 Measures Introduced: Eleven bills and one resolu- Withdrawn: tion were introduced, as follows: S. 360–370 and S. Sessions Amendment No. 107 (to Amendment Res. 37. Pages S911–12 No. 100), to impose additional requirements to en- sure greater use of the advance payment of the Measures Passed: earned income credit and to extend such advance Adjournment Resolution: Senate agreed to H. payment to all taxpayers eligible for the credit. Con. Res. 41, providing for a conditional adjourn- Pages S880, S903 ment of the House of Representatives. Page S1000 Pending: Page Board Composition: Senate passed to H.R. Reid (for Baucus) Amendment No. 100, in the 475, to revise the composition of the House of Rep- nature of a substitute. Pages S880–88, S888–S904 resentatives Page Board to equalize the number of McConnell (for Gregg) Amendment No. 101 (to members representing the majority and minority Amendment No. 100), to provide Congress a second parties and to include a member representing the look at wasteful spending by establishing enhanced parents of pages and a member representing former rescission authority under fast-track procedures. pages, clearing the measure for the President. Page S880 Page S1000 Sununu Amendment No. 112 (to Amendment No. 100), to prevent the closure and defunding of Fair Minimum Wage: Senate continued consider- certain women’s business centers. Pages S881–82 ation of H.R. 2, to amend the Fair Labor Standards Kyl Amendment No. 115 (to Amendment No. Act of 1938 to provide for an increase in the Federal 100), to extend through December 31, 2008, the de- minimum wage, taking action on the following preciation treatment of leasehold, restaurant, and re- amendments proposed thereto: tail space improvements. Page S882 Pages S880–88, S888–S904 Bunning Amendment No. 119 (to Amendment Adopted: No. 100), to amend the Internal Revenue Code of By a unanimous vote of 99 yeas (Vote No. 20), 1986 to repeal the 1993 income tax increase on So- Enzi (for Snowe) Modified Amendment No. 103 (to cial Security benefits. Pages S895–97 Amendment No. 100), in the nature of a substitute. Enzi (for Ensign/Inhofe) Amendment No. 152 (to Pages S880–81, S888–90 Amendment No. 100), to reduce document fraud, Roberts/Dodd Amendment No. 102 (to Amend- prevent identity theft, and preserve the integrity of ment No. 100), to establish a small business child the Social Security system. Pages S897–98 care grant program. Pages S890–93 Enzi (for Ensign) Amendment No. 153 (to Sessions Modified Amendment No. 108 (to Amendment No. 100), to preserve and protect Social Amendment No. 100), to authorize the Secretary of Security benefits of American workers, including the Treasury to study the costs and barriers to busi- those making minimum wage, and to help ensure nesses if the advance earned income tax credit pro- greater Congressional oversight of the Social Security gram included all EITC recipients. system by requiring that both Houses of Congress Pages S880, S903–04 approve a totalization agreement before the agree- By a unanimous vote of 98 yeas (Vote No. 21), ment, giving foreign workers Social Security bene- Sessions Modified Amendment No. 106 (to Amend- fits, can go into effect. Pages S897–98 ment No. 100), to express the sense of the Senate Enzi (for Ensign) Amendment No. 154 (to that increasing personal savings is a necessary step Amendment No. 100), to improve access to afford- able health care. Pages S897–98 D75

VerDate Aug 31 2005 04:13 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JA7.REC D23JAPT1 hmoore on PROD1PC68 with HMDIGEST D76 CONGRESSIONAL RECORD — DAILY DIGEST January 23, 2007 A unanimous-consent agreement was reached pro- TAX GAP viding for further consideration of the bill at ap- Committee on the Budget: Committee concluded a hear- proximately 10:30 a.m., on Wednesday, January 24, ing to examine the growing tax gap—the difference 2007; that there be one hour of debate prior to the between the tax amounts taxpayers pay voluntarily vote on the motion to invoke cloture on Gregg and on time and what they should pay under the Amendment No. 101 (listed above), with the time law, and strategies for reducing it, after receiving equally divided and controlled between the Majority testimony from Michael Brostek, Director, Tax and Republican Leaders, or their designees; that at Issues, Strategic Issues Team, Government Account- 11:30 a.m., Senate vote on the motion to invoke clo- ability Office; and Robert S. McIntyre, Citizens for ture on Gregg Amendment No. 101; provided fur- Tax Justice; and John S. Satagaj, Small Business Leg- ther, that members have until 10:30 a.m., on islative Council, on behalf of the Coalition for Fair- Wednesday, January 24, 2007, to file second-degree ness in Tax Compliance (CFTC), both of Wash- amendments. Pages S1000–01 ington, DC. Messages From the President: Senate received the IRAQ following message from the President of the United Committee on Foreign Relations: Committee held a States: hearing to examine the remaining options relating to Transmitting the report on the State of the Union securing America’s interests in Iraq, focusing on Fed- delivered to a Joint Session of Congress on January eralism, strategic redeployment or negotiation, re- 23, 2007; which was ordered to lie on the table. ceiving testimony from Leslie H. Gelb, Council on (PM–2) Pages S907–11 Foreign Relations, New York, New York; and Ed- ward N. Luttwak, Center for Strategic and Inter- Messages From the House: Page S907 national Studies, Lawrence J. Korb, Center for Amer- Messages Referred: Page S911 ican Progress; and Robert Malley, International Cri- Executive Communications: Page S911 sis Group, all of Washington, DC. Hearing recessed subject to the call. Additional Cosponsors: Page S912 IRAQ: ALTERNATIVE PLANS Statements on Introduced Bills/Resolutions: Pages S912–23 Committee on Foreign Relations: Committee held a hearing to examine the remaining options relating to Additional Statements: Pages S906–07 securing America’s interests in Iraq, receiving testi- Amendments Submitted: Pages S924–90 mony from Representative Murtha; and former Rep- Notices of Hearings/Meetings: Pages S990–91 resentative Newt Gingrich, American Enterprise In- stitute, Washington, DC. Authorities for Committees to Meet: Page S991 Hearing recessed subject to the call. Record Votes: Two record votes were taken today. SERVICE MEMBERS (Total—21) Pages S890, S904 Committee on Veterans’ Affairs: Committee concluded Adjournment: Senate convened at 10 a.m., and ad- an oversight hearing to examine Department of De- journed at 10:11 p.m., until 9:30 a.m., on Wednes- fense and Veterans Affairs collaboration and coopera- day, January 24, 2006. (For Senate’s program, see tion to meet the needs of returning military service the remarks of the Acting Majority Leader in today’s members, focusing on the delivery of health care and Record on page S1001.) benefits to veterans, after receiving testimony from Gordon H. Mansfield, Deputy Secretary of Veterans Affairs; and David S.C. Chu, Under Secretary of De- Committee Meetings fense for Personnel and Readiness. (Committees not listed did not meet) INTELLIGENCE REFORM Select Committee on Intelligence: Committee concluded a NOMINATION hearing to examine intelligence reform, focusing on the Intelligence Reform and Terrorism Prevention Committee on Armed Services: Committee concluded a Act (Public Law 108–458), including structural hearing to examine the nomination of Lieutenant changes within the intelligence community, the col- General David H. Petraeus, USA, to be General and lection and analysis of intelligence, science and tech- Commander, Multi-National Forces—Iraq, after the nology, and information sharing and enterprise ar- nominee testified and answered questions in his own chitecture in the intelligence community, after re- behalf. ceiving testimony from Mary Margaret Graham,

VerDate Aug 31 2005 04:13 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JA7.REC D23JAPT1 hmoore on PROD1PC68 with HMDIGEST January 23, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D77 Deputy Director of National Intelligence for Collec- Ewing, Deputy to the Deputy Director of National tion; Thomas Fingar, Deputy Director of National Intelligence for Requirements, and Susan Reingold, Intelligence for Analysis; Patrick Kennedy, Deputy Deputy Program Manager, Information Sharing En- Director of National Intelligence for Management; vironment, all of the Office of the Director of Na- Dale Meyerrose, Chief Information Officer; Mark tional Intelligence. h House of Representatives Samoa, the United States Virgin Islands, and the Chamber Action Commonwealth of the Northern Mariana Islands; Public Bills and Resolutions Introduced: 18 pub- and Pages H851–55 lic bills, H.R. 631–648; and 9 resolutions, H. Con. Directing the Secretary of Homeland Security to Res. 41–43 and H. Res. 85, 87–91, were intro- streamline the SAFETY Act and anti-terrorism duced. Pages H885–86 technology procurement processes: H.R. 599, to di- Additional Cosponsors: Pages H886–87 rect the Secretary of Homeland Security to stream- Reports Filed: A report was filed today as follows: line the SAFETY Act and anti-terrorism technology H. Res. 86, providing for consideration of H. Res. procurement processes, by a 2⁄3 yea-and-nay vote of 78, amending the Rules of the House of Representa- 427 yeas with none voting ‘‘nay,’’ Roll No. 47. tives to permit Delegates and the Resident Commis- Pages H855–59 sioner to the Congress to cast votes in the Com- Suspensions—Proceedings Resumed: The House mittee of the Whole House on the state of the agreed to suspend the rules and pass the following Union (H. Rept. 110–3). Page H885 measures which were debated on Monday, January Speaker: Read a letter from the Speaker wherein she 22: appointed Representative Shuler to act as Speaker Honoring the contributions of Catholic schools: pro tempore for today. Page H837 H. Res. 51, to honor the contributions of Catholic Recess: The House recessed at 11:18 a.m. and re- schools, by a 2⁄3 yea-and-nay vote of 428 yeas with convened at 12 noon. Page H842 none voting ‘‘nay,’’ Roll No. 48; Pages H859–60 Providing for a joint session of Congress to re- Amending title 5, United States Code, to make ceive a message from the President: The House noncreditable for Federal retirement purposes any agreed by unanimous consent to concur in the Member service performed by an individual who is amendment of the Senate to H. Con. Res. 38, pro- convicted of any of certain offenses committed by viding for a joint session of Congress to receive a that individual while serving as a Member of message from the President. Page H847 Congress: H.R. 476, to amend title 5, United States Adjournment Resolution: The House agreed by Code, to make noncreditable for Federal retirement unanimous consent to H. Con. Res. 41, providing purposes any Member service performed by an indi- for an adjournment of the House. Pages H847–48 vidual who is convicted of any of certain offenses Suspensions: The House agreed to suspend the rules committed by that individual while serving as a and pass the following measures: Member of Congress, by a 2⁄3 yea-and-nay vote of 431 yeas with none voting ‘‘nay,’’ Roll No. 49; and Amending section 5313 of title 31, United States Code, to reform certain requirements for re- Page H860 porting cash transactions: H.R. 323, to amend sec- Congratulating Illinois State University as it tion 5313 of title 31, United States Code, to reform celebrates its sesquicentennial: H. Res. 57, to con- certain requirements for reporting cash transactions; gratulate Illinois State University as it celebrates its 2 Pages H848–51 sesquicentennial, by a ⁄3 yea-and-nay vote of 423 District of Columbia and United States Terri- yeas with none voting ‘‘nay,’’ Roll No. 50. tories Circulating Quarter Dollar Program Act: Pages H860–61 H.R. 392, to provide for a circulating quarter dollar Board of Regents of the Smithsonian Institu- coin program to honor the District of Columbia, the tion—Appointment: The Chair announced the Commonwealth of Puerto Rico, Guam, American Speaker’s appointment of Representatives Becerra

VerDate Aug 31 2005 04:13 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JA7.REC D23JAPT1 hmoore on PROD1PC68 with HMDIGEST D78 CONGRESSIONAL RECORD — DAILY DIGEST January 23, 2007 and Matsui to the Board of Regents of the Smithso- nian Institution. Page H863 Committee Meetings Select Intelligence Oversight Panel of the Com- COMMITTEE ORGANIZATION mittee on Appropriations—Appointment: The Committee on Agriculture: Met for organizational pur- Chair announced the Speaker’s appointment of the poses. following Members of the House of Representatives IRAQ’S EFFECT ON TOTAL FORCES to the Select Intelligence Oversight Panel of the READINESS Committee on Appropriations: Representative Holt, Committee on Armed Services: Held a hearing on impli- Chairman; Representatives Obey, Murtha, Reyes, cations of Iraq policy on total force readiness. Testi- Dicks, Lowey, Cramer, Schiff, LaHood (Ranking Mi- mony was heard from the following officials of the nority Member), Lewis (CA), Young (FL), Hoekstra, Department of Defense: GEN Peter J. Schoomaker, and Frelinghuysen. Page H863 USA, Chief of Staff, U.S. Army; GEN James T. Committee Elections: The House agreed to H. Res. Conway, USMC, Commandant, U.S. Marine Corps; 85, electing the following Members to serve on cer- 1SG Ciaran T. Allison, USA, A Co. 2–23 IN, Ft. tain standing committees of the House of Represent- Lewis, MA; and public witnesses. atives: Committee on Financial Services: Representa- WHY DEFICITS MATTER tive Wexler (to rank immediately after Representa- tive Donnelly). Committee on the Judiciary: Rep- Committee on the Budget: Held a hearing on Why resentative Wasserman Schultz (to rank immediately Deficits Matter. Testimony was heard from David M. Walker, Comptroller General, GAO; and public after Representative Davis of AL). Committee on witnesses. Science and Technology: Representative Kanjorski (to rank immediately after Representative McNerney) MISCELLANEOUS MEASURES; COMMITTEE and Representative Hooley (to rank immediately ORGANIZATION; OVERSIGHT PLAN after Representative Kanjorski). Committee on Small Committee on Foreign Affairs: Favorably considered the Business: Representatives Millender-McDonald, Jef- following resolutions and adopted a motion urging ferson, Shuler, Gonzalez, Larsen (WA), Grijalva, the Chairman to request that they be considered on Michaud, Bean, Cuellar, Lipinski, Moore (WI), the Suspension Calendar: H. Res. 24, amended, Es- Altmire, Braley (IA), Clarke, Ellsworth, Johnson tablishing the House Democracy Assistance Commis- (GA), and Sestak. Page H875 sion for the One Hundred Tenth Congress; and H. Recess: The House recessed at 4:46 p.m. and recon- Con. Res. 20, Calling on the Government of the United Kingdom to immediately establish a full, vened at 8:41 p.m. Page H880 independent, and public judicial inquiry into the State of the Union Address: President George W. murder of Northern Ireland defense attorney Patrick Bush delivered his State of the Union address to a Finucane, as recommended by Judge Peter Cory as joint session of Congress, pursuant to the provisions part of the Weston Park Agreement, in order to of H. Con. Res. 38. He was escorted into the House move forward on the Northern Ireland peace process. Chamber by a committee comprised of Representa- Prior to this action, the committee met for orga- tives Hoyer, Clyburn, Emanuel, Larson of Con- nizational purposes. necticut, Boehner, Blunt, Putnam, McCotter and The committee adopted an Oversight Plan for the Senators Reid, Durbin, Schumer, Murray, Dorgan, 110th Congress. Stabenow, McConnell, Lott, Kyl, Cornyn, Hutchison, COMMITTEE ORGANIZATION; OVERSIGHT Ensign, and Stevens. The President’s message was re- PLAN ferred to the Committee on the Whole House on the State of the Union and ordered printed (H. Doc. Committee on Homeland Security: Met for organizational purposes. 110–1). Pages H880–84 The Committee adopted an Oversight Plan for the Senate Message: Message received from the Senate 110th Congress. today appears on pages H842–43. DELEGATES FLOOR VOTE Quorum Calls—Votes: Four yea-and-nay votes de- Committee on Rules: Granted by a vote of 9 to 3, a veloped during the proceedings of today and appear structured rule. The rule provides 1 hour of general on pages H859, H859–60, H860, and H861. There debate in the House on H. Res. 78, Amending the were no quorum calls. Rules of the House of Representatives to permit Adjournment: The House met at 10:30 a.m. and Delegates and the Resident Commissioner to the adjourned at 10:10 p.m. Congress to cast votes in the Committee of the

VerDate Aug 31 2005 04:13 Jan 24, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JA7.REC D23JAPT1 hmoore on PROD1PC68 with HMDIGEST January 23, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D79 Whole House on the state of the Union, equally di- Committee on Energy and Natural Resources: organizational vided and controlled by the chairman and ranking business meeting to consider an original resolution au- minority member of the Committee on Rules. The thorizing expenditures for committee operations, commit- rule waives all points of order against the resolution tee’s rules of procedure for the 110th Congress, and sub- and against its consideration and provides that the committee assignments; to be followed by a hearing to examine an analysis completed by the Energy Information resolution shall be considered as read. The rule Administration entitled ‘‘Energy Market and Economic makes in order the amendment printed in the Rules Impacts of a Proposal to Reduce Greenhouse Gas Inten- Report accompanying this resolution, if offered by sity with a Cap and Trade System’’, 9:45 a.m., SD–366. Rep. Kirk of Illinois. The amendment shall be con- Committee on Finance: to hold hearings to examine the sidered as read, shall be debatable for 20 minutes nomination of Michael J. Astrue, of Massachusetts, to be equally divided and controlled by the proponent and Commissioner of Social Security, 10 a.m., SD–215. an opponent, and shall not be subject to a demand Committee on Foreign Relations: business meeting to con- for a division of the question. The rule also waives sider S. Con. Res. 2, expressing the bipartisan resolution all points of order against the amendment printed in on Iraq, and subcommittee assignments and jurisdiction the report, and contains one motion to recommit for the 110th Congress, 9 a.m., SH–216. which may not contain instructions. Finally, the rule Committee on Health, Education, Labor, and Pensions: orga- nizational business meeting to consider an original resolu- provides that, notwithstanding the operation of the tion authorizing expenditures for committee operations, previous question, the Chair may postpone further committee’s rules of procedure for the 110th Congress, consideration of the bill to a time designated by the and subcommittee assignments; committee will also con- Speaker. Testimony was heard from Delegates sider the Genetic Information Nondiscrimination Act, Faleomavaega and Bordallo; and Representative Kirk. Time to be announced, Room to be announced. Committee on Homeland Security and Governmental Affairs: ECONOMIC DEVELOPMENT organizational business meeting to consider an original Committee on Transportation and Infrastructure: Sub- resolution authorizing expenditures for committee oper- committee on Economic Development, Public Build- ations, committee’s rules of procedure for the 110th Con- ings, and Emergency Management held a hearing on gress, and subcommittee assignments, 10 a.m., SD–342. the State of Economic Development. Testimony was House heard from public witnesses. Committee on Education and Labor, to meet for organiza- STATE OF U.S. ECON0MY tional purposes, 10:30 a.m., 2175 Rayburn. Committee on Foreign Affairs, hearing and briefing on Committee on Ways and Means: Held a hearing on the South Sudan: The Comprehensive Peace Agreement on State of the U.S. Economy. Testimony was heard Life Support, 10:30 a.m., 2172 Rayburn. from public witnesses. Committee on the Judiciary, to meet for organizational purposes, 10:15 a.m., 2141 Rayburn. SUBCOMMITTEE ORGANIZATION Committee on Science and Technology, to meet for organiza- Committee on Ways and Means: Subcommittee on tional purposes; followed by a markup of the following: Oversight met for organizational purposes. H.R. 365, Methamphetamine Remediation Research Act of 2007; H. Res. 59, Supporting the goals and ideals of f National Engineers Week; and H. Con. Res. 34, Hon- COMMITTEE MEETINGS FOR WEDNESDAY, oring the life of Percy Lavon Julian, a pioneer in the field JANUARY 24, 2007 of organic chemistry research and development and the first and only African American chemist to be inducted (Committee meetings are open unless otherwise indicated) into the National Academy of Sciences, 10 a.m., 2318 Rayburn. Senate Committee on Transportation and Infrastructure, Sub- Committee on Commerce, Science, and Transportation: orga- committee on Highways and Transit, hearing on Surface nizational business meeting to consider an original resolu- Transportation System: Challenges for the Future, 10 tion authorizing expenditures for committee operations, a.m., 2167 Rayburn. committee’s rules of procedure for the 110th Congress, Committee on Ways and Means, hearing on Economic and and subcommittee assignments; to be followed by a hear- Societal Costs of Poverty, 10 a.m. 1100 Longworth. ing to examine the potential impact of airline mergers Permanent Select Committee on Intelligence, executive, hearing and industry consolidation relating to the state of the air- on Intelligence Support to the Policy Maker, 10 a.m., H–405 line industry, 10 a.m., SR–253. Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, January 24 10 a.m., Wednesday, January 24

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of H. Res. 78, morning business (not to extend beyond 10:30 a.m.), Sen- to amend the Rules of the House of Representatives to ate will continue consideration of H.R. 2, Fair Minimum permit Delegates and the Resident Commissioner to the Wage, with a vote on the motion to invoke cloture on Congress to cast votes in the Committee of the Whole Gregg Amendment No. 101 to occur at approximately House on the state of the Union. 11:30 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE Johnson, Eddie Bernice, Tex., E176 Reyes, Silvestre, Tex., E178 Knollenberg, Joe, Mich., E174 Rogers, Mike, Ala., E174, E178 Bilbray, Brian P., Calif., E173, E176 McCarthy, Carolyn, N.Y., E177 Ryan, Tim, Ohio, E179 Bishop, Timothy H., N.Y., E178 McCollum, Betty, Minn., E173 Schakowsky, Janice D., Ill., E177 Butterfield, G.K., N.C., E175, E179 Ortiz, Solomon P., Tex., E174 Turner, Michael R., Ohio, E177 Castor, Kathy, Fla., E175 Pascrell, Bill, Jr., N.J., E179 Donnelly, Joe, Ind., E173 Payne, Donald M., N.J., E179 Van Hollen, Chris, Md., E178 Granger, Kay, Tex., E174 Pomeroy, Earl, N.D., E173, E176 Waxman, Henry A., Calif., E175 Higgins, Brian, N.Y., E177 Radanovich, George, Calif., E173, E176

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