15198 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 June 11, 2007 SENATE—Monday, June 11, 2007

The Senate met at 2 p.m. and was SCHEDULE publicans, which is something he has called to order by the Honorable KENT Mr. REID. Mr. President, today the to make sure his Republicans under- CONRAD, a Senator from the State of Senate will be in a period of morning stand. North Dakota. business until 3:30 p.m., with the time I see in today’s Roll Call newspaper equally divided and controlled between that one Republican Senator said: I PRAYER the two leaders or their designees. At think the Democrats are going to have The Chaplain, Dr. Barry C. Black, of- 3:30 p.m., the Senate will have 2 hours to take care of most of those votes, the fered the following prayer: of debate as follows: An hour on the newspaper article says. Without men- Let us pray. motion to proceed to the energy legis- tioning the Senator’s name, the article O God, our Father, speak to us today lation, and the second hour will be de- states: that here in Your presence we may find bate on the motion to proceed to the Put the onus on Democrats to make up the knowledge of what You want us to do. legislation expressing no confidence in 15-vote deficit on cloture, saying Repub- Guide our Senators this week so that licans have nearly maxed out support on Attorney General Gonzales. Starting at their side. they clearly understand Your desires 5:30 p.m. today, the Senate will con- This appears on page 24 of Roll Call: and give them the wisdom to obey. duct a rollcall vote on the motion to ‘‘I think the Democrats are going to Provide them with daily strength to invoke cloture on the motion to pro- have to deal with most of those honor You with their service. May they ceed to the Gonzales legislation. If that [votes],’’ the Senator said. never act in such a way that they lose cloture vote fails, then the Senate will Mr. President, 80 percent and 14 per- their self-respect. Keep them from have a vote on the motion to proceed cent. It is the President’s bill. So if being the kind of people who want to to the energy legislation. other Republican Senators feel the get everything out of life while only ORDER OF PROCEDURE putting a little into it. Remind them same as the Senator who is expressed I now ask unanimous consent that at on page 24 of Roll Call, saying we have that they will answer to You for the 5:10 today, until the vote at 5:30, the way they have used their talents to to overcome the 15-vote deficit, it time be equally divided and controlled won’t happen. We have about maxed serve others. Give them the ambition between the two leaders, with the ma- to honor You with faithfulness and hu- out at 80 percent. jority leader controlling the final 10 The letter I am going to send to the mility. minutes. We pray in Your sacred Name. Amen. President will say a number of things. The ACTING PRESIDENT pro tem- Among other things, it will say: f pore. Without objection, it is so or- A strong spirit of bipartisanship has held dered. together the coalition of Democrats and Re- PLEDGE OF ALLEGIANCE f publicans who negotiated the compromise The Honorable KENT CONRAD led the and has sustained the Senate through 2 full Pledge of Allegiance, as follows: CONSIDERATION OF IMMIGRATION weeks of debate on the bill. Unfortunately, AND ENERGY ISSUES that bipartisanship was largely absent in a I pledge allegiance to the Flag of the crucial vote last Thursday. United States of America, and to the Repub- Mr. REID. Mr. President, we have lic for which it stands, one nation under God, spent 2 weeks on the immigration bill, Then I will go on to state to the indivisible, with liberty and justice for all. and we listened to hour after hour of President the percentages I just out- lined. f debate. I don’t think there is a single Senator, no matter how one may have I further say in the letter to the APPOINTMENT OF ACTING finally voted on the motion to proceed President: PRESIDENT PRO TEMPORE or not to proceed to the bill, who We appreciate the efforts of you and other doesn’t see an urgent need to fix our Republicans who have worked with us to get The PRESIDING OFFICER. The the bill this far. But we believe it will take clerk will please read a communication badly broken immigration system. stronger leadership by you to ensure that op- to the Senate from the President pro Even those people who oppose this leg- ponents of the bill do not block the path to tempore (Mr. BYRD). islation vehemently believe the system final passage. Simply put, we need many The assistant legislative clerk read is broken and needs to be fixed. more than seven Republicans to vote for clo- the following letter: So everyone agrees that we need to ture and final passage of the bill. fix it, and I think the best way to fix it U.S. SENATE, This letter will be signed by Senators PRESIDENT PRO TEMPORE, is to legislate. When it came time to REID, DURBIN, SCHUMER, and MURRAY, Washington, DC, June 11, 2007. vote on the bipartisan compromise last the Democratic leadership team. To the Senate: Thursday, 7 Republicans joined with 38 I want to get the bill done. The over- Under the provisions of Rule I, paragraph Democrats to invoke cloture. Let us whelming majority of the Democratic 3, of the Standing Rules of the Senate, I put that in proper perspective. Fourth- caucus has already voted for cloture. hereby appoint the Honorable BENJAMIN L. fifths of Democrats voted to proceed to The American people are certainly CARDIN, a Senator from the State of Mary- complete this legislation, and one-sev- looking to Congress for leadership. We land, to perform the duties of the Chair. enth of the Republicans voted to pro- ROBERT C. BYRD, hope President Bush and his Repub- President pro tempore. ceed. That is 80 percent and 14 per- lican allies in Congress will find a way cent—80 percent of the Democrats said Mr. CARDIN thereupon assumed the to work with us to deliver this bill to move forward and 14 percent of the Re- chair as Acting President pro tempore. the immigrants, businesses, and all publicans said move forward. Eighty- other Americans who deserve it. f six percent of the Republicans said no. If we see new cooperation and a clear Today, in an hour or so, I am going way forward from the Republican cau- RECOGNITION OF THE MAJORITY to send a letter to President Bush to cus, I will do everything possible to re- LEADER lay out my hope that we can still move address the immigration issue after the The ACTING PRESIDENT pro tem- forward on this legislation, but I want debate on the Energy bill is completed. pore. The majority leader is recog- him to know that further progress will And it is difficult for me to even say nized. require active support from more Re- this because I really wanted to move

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

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This bill alone ment of this Congress. the great remaining challenges of our will save 1⁄2 trillion gallons of water I am pleased to hear the majority time: our national energy policy. every year. For a place like Nevada, leader say there is a possibility that we In 1931, Thomas Alva Edison had a where we get 4 inches of rain every could get back to this measure and meeting with Henry Ford, whose cars year in Las Vegas, that is a lot of wrap it up. That certainly is my hope, were driving up consumer demand for water. and I will look forward to working with gasoline. This is what Edison told This is a bill which protects con- him toward that end. Ford: sumers by punishing companies that I yield the floor. I’d put my money on the sun and solar en- price gouge and manipulate supply for f ergy. What a source of power! I hope we don’t their profits. It is a bill which invests have to wait until oil and coal run out before in carbon capture and storage, and it RESERVATION OF LEADER TIME we tackle that. directs the President and his Cabinet The ACTING PRESIDENT pro tem- Here it is, 76 years later—76 years to improve diplomatic relations with pore. Under the previous order, the later—and we haven’t tackled our ad- our energy partners in order to give us leadership time is reserved. diction to oil, and it has grown into a more leverage in the global energy f three-pronged crisis: Threatening our market. economy, threatening our Nation’s se- Altogether, this bill will save Amer- MORNING BUSINESS curity, and threatening our environ- ican consumers tens of billions of dol- The ACTING PRESIDENT pro tem- ment. lars every year, cut our oil consump- pore. Under the previous order, there Today, we will use 21 million barrels tion, reduce our dependence on foreign will be a period for the transaction of of oil and tomorrow the same. How energy, and, by the way, might just morning business until 3:30 p.m., with much is 21 million barrels of oil? It is save the planet while we are at it. Senators permitted to speak for up to a ditch 10 feet deep and 200 football It is a good, important bill, a bipar- 10 minutes each, with the time equally fields long or a ditch 10 feet deep and 11 tisan bill, and as I have indicated, divided and controlled between the 2 miles long. Every day, we use that oil— many of my colleagues will be tempted leaders or their designees. every day. to offer tax amendments. I ask that The Senator from North Dakota. The bill we begin debate on today— they wait until the Finance Committee the Renewable Fuels, Consumer Pro- has had an opportunity to make rec- f tection Energy Efficiency Act of 2007— ommendations on an energy tax ATTORNEY GENERAL GONZALES takes several major steps toward re- amendment before any additional Mr. CONRAD. Mr. President, I rise ducing our dependence on foreign oil, amendments are offered on this bill. today to discuss the issues surrounding promoting renewable energy that we I hope my colleagues will vote in the removal of eight U.S. attorneys produce right here in America, and pro- favor of the motion to proceed. In fact, last year. Attorney General Gonzales tecting our environment from global I hope we can proceed to the bill imme- has claimed that he had no involve- warming. This bill is a substitute to diately and not have to use the 30 ment in the firing of the U.S. attor- H.R. 6. This bill is a bipartisan bill. hours. That will allow time for more A number of my chairmen came to neys. In fact, this is his statement. He amendments. said: me and said: We have this great legisla- f tion in my committee; can we bring it I was not involved in seeing any memos, forward? I said: No, we have to have an RECOGNITION OF THE MINORITY was not involved in any discussions about LEADER what was going on. That’s basically what I energy bill; our initial energy bill has knew as the Attorney General. to be bipartisan. So the Energy Com- The ACTING PRESIDENT pro tem- That is really a stunning claim. His mittee, under the direction of Senators pore. The minority leader is recog- own Chief of Staff, Kyle Sampson, ad- BINGAMAN and DOMENICI, came up with nized. mitted the Attorney General misled a good package. That is part of what f we are going to be debating in the Sen- the country. He is not alone. Kyle ate. IMMIGRATION Sampson, former Chief of Staff to the Then, in the Commerce Committee, Mr. MCCONNELL. Mr. President, just Attorney General, said: Senator STEVENS and Senator INOUYE a brief word about the immigration I don’t think the Attorney General’s state- also came up with an extremely impor- bill. We could have been wrapping it up ment that he was not involved in any discus- tonight. sions . . . was accurate. I remember dis- tant piece of legislation dealing with cussing with him this process of asking cer- CAFE standards, which is making cars As I indicated to my good friend, the tain U.S. attorneys to resign. more efficient. That is going to be in majority leader, on Thursday after- The Washington Post reported, on the bill to be brought to the floor. noon, I thought there was every reason Michael Battle, the former Director of Senator BOXER and Senator INHOFE to believe we could have finished the the Executive Office for U.S. Attor- also worked together to come up with immigration bill by tonight. Instead, neys, and I quote from that story: another piece of legislation that we we ended up having another cloture have put in this one bill. Their part of vote—in my view, a day or two pre- The former Justice Department official this bill is also excellent and deals with mature—taking Friday off, and today who carried out the firings of eight U.S. at- torneys last year told Congress . . . that a green buildings and making the mas- spending our time on a meaningless memo on the firings was distributed at a No- sive fleet of Federal cars more energy resolution giving the President advice vember 27 meeting attended by Attorney efficient. It is a good piece of legisla- about whom the Attorney General General Alberto R. Gonzales. tion, and it is a bipartisan bill. ought to be. NBC News reported on William Mer- There will be people wanting to put Having said that, I appreciate the cer, the Acting Associate Attorney tax measures on this, but I think we comments of the majority leader that General: should wait until the tax committee— he would like to finish the immigra- Justice Department official William W. Senators BAUCUS and GRASSLEY—does tion bill. There is a substantial number Mercer told congressional investigators on that. This is a bill which we should try of Republican Senators who believe April 11 that he attended a meeting with the to protect the bipartisan aspect of. It this bill would be an improvement over Attorney General . . . to discuss ‘‘fired U.S. really is quite a good bill, and if we are the current situation, over the status Attorney Carol Lamm’s situation.’’

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.000 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15200 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 June 11, 2007 It is simply not credible that the At- moval—look at the written reviews of come to, and that is a very serious torney General of the United States their performance, which is the reason matter. I have been in the Senate for had no role in the removal of eight U.S. given by the Attorney General for their more than 20 years. I have never come attorneys. After all, he is the head of removal. to the floor and raised questions about the Justice Department. To his credit, David Iglesias, New Mexico, written the political motivation of an Attorney the Attorney General did eventually review: General—never. I do so now, and I do it admit that he had misspoken in de- Respected by the judiciary, agencies and because I believe this is a serious mat- scribing his lack of involvement. Given staff . . . complied with department prior- ter. the growing public record, I don’t ities. When the administration of justice think he had much choice. Carol Lamm, California: becomes politically tainted in this However, to the great disappoint- Effective manager and respected leader. country, that is an enormously serious ment of people on both sides of the Daniel Ogden, Nevada: matter. There is no longer, in my aisle, the Attorney General failed mis- mind, any question but that this Attor- Overall evaluation was very positive. erably in his attempt to set the record ney General has tainted his office. straight. In his testimony before the Bud Cummins of Arkansas: That is only further demonstrated by Senate Judiciary Committee, the At- Very competent and highly regarded. his late night visit to the hospital bed torney General used the words, ‘‘I don’t John McCay, Washington State: of the Attorney General of the United recall,’’ or a variant on those words, 64 Effective, well-regarded and capable lead- States, at that time John Ashcroft, to times. ‘‘I don’t recall,’’ ‘‘I don’t have er. get him to sign documents that he re- any recollection,’’ ‘‘I have no mem- Paul Charlton, Arizona: fused to sign about the legality of cer- ory’’—64 times. Some counts have that Well respected . . . established goals that tain actions of this administration. number at over 70. Some even approach were appropriate to meet the priorities of We have seen enough. This Attorney 90. the department. General needs to leave his office. He Time after time, the Attorney Gen- What do we have here? The Attorney has tainted his office. He does not de- eral was unable to respond to even General says he wasn’t involved. Oth- serve the high responsibility and enor- basic questions. He couldn’t explain or ers of his own staff say he was in- mous honor serving as Attorney Gen- couldn’t remember why the U.S. attor- volved. Then he says it was perform- eral of the United States. neys were fired or how he was involved. ance reasons for which these people I yield the floor. Again, his performance was truly stun- were removed, but if you look at the The ACTING PRESIDENT pro tem- ning. His inability or refusal to answer written reviews of the people who were pore. The Senator from Missouri. basic questions raises serious issues. Is removed, their performance reviews f he incompetent or is he simply playing were excellent. MEDIA BIAS the loyal soldier? Why were these U.S. But what you do have is a clear polit- Mr. BOND. Mr. President, recently I attorneys removed? ical motivation in case after case in- returned from Iraq where I visited Unfortunately, the answer that im- volving these U.S. attorneys. When you Tikrit, Baghdad, Bamadi, and Balad mediately suggests itself is that these go back to the reason the Attorney with three of my congressional col- firings were politically motivated. General is giving now, that it is per- leagues. We had the opportunity to Let’s look at some of the fired U.S. at- formance based, here is what the meet with the commanding officers torneys and the possible political rea- former supervisor of these prosecutors and troops on each location. On the sons for their dismissal. Here we have said: them. floor of the Senate I spoke to you Comey added that: about witnessing firsthand some of the David Iglesias, New Mexico—there The reasons given for their firings have not was a probe of Democrats not com- been consistent with my experience. . . . progress being made. Since I have seen pleted quickly enough. We had promi- so little coverage of that progress, I And that: nent Republicans complaining that he think progress bears repeating. had not reached conclusion on a probe I had very positive encounters with these The new plan, the counterinsurgency folks. plan, is showing initial signs of of Democrats quickly enough. Comey was effusive in his praise of several Carol Lamm, in California—she se- of the fired prosecutors. progress. Violence in al-Qaim, Haditha, cured the conviction of a Republican Hit, Ramadi, and Falluja has dramati- Comey was the Deputy Attorney Congressman, also had indicted the No. cally decreased due to local leaders General, and he described Paul 3 official at the CIA, and was inves- now siding with coalition forces pur- Charlton of Arizona as ‘‘ one of the tigating a Republican Congressman. suing al-Qaida in Iraq. best.’’ He said he had a very positive Daniel Ogden, Nevada—investigated In Baghdad, U.S. and Iraqi security view of David Iglesias of New Mexico, a Republican Governor and former Re- forces are clearing and holding some of and called Daniel Ogden of Las Vegas publican Congressman. the most dangerous areas, and sec- Bud Cummins in Arkansas—was re- ‘‘straight as a Nevada highway and a tarian violence has decreased. placed by a Karl Rove operative. He in- fired-up guy.’’ I was especially impressed with the vestigated a Republican Governor of Of John McCay of Seattle, Comey successes in Ramadi, where only a few Missouri. said: months ago some were claiming it lost John McCay, in Washington State— I was inspired by him. forever, and al-Qaida said it was going to the dismay of local GOP partisans, Now, it doesn’t take long to figure to establish its headquarters there. In did not investigate the gubernatorial out what has happened. The Attorney April, attacks in Ramadi decreased by election won by a Democrat. General comes and testifies he can’t re- 74 percent. All 23 tribal areas in Paul Charlton, Arizona—he inves- call, he doesn’t remember, that he Ramadi are cooperating with U.S. tigated Republican Congressman Jim wasn’t really a part of it. He is contra- forces to fight al-Qaida militants, 263 Colby and Rick Renzi. dicted by his own staff. Then he says it weapons caches were discovered in the You start to connect the dots here. is performance based, but the perform- preceding 3 months, and Iraqis are vol- They said the reason these people were ance reviews are without exception unteering by the thousands to join the removed was because of poor perform- positive for these people who have been Army and local police force. ance. At least that is the assertion of fired. Their supervisor, who was Dep- I am disappointed this progress has the Attorney General. But if you look uty Attorney General, has rave reviews not been widely covered by the media at the written reviews of these same for virtually all of them. in the United States. In fact, the only U.S. attorneys, ones who had been re- Let’s connect the dots. These are po- TV coverage I have seen was a 60-sec- moved and ones for whom you can find litically motivated firings. I don’t ond clip by Nick Johnson of CNN, who a clear partisan reason for their re- know what other conclusion one can did an excellent job. I see the LA Times

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He de- and U.S. demolition forces blew up the That was the message from our com- tailed an exciting success story, the es- two suicide vehicles. Instead of cele- mander. He did not get the headline. tablishment of a new joint command brating this success, the e-mail noted— There was another member of the precinct for Iraqi police, Iraqi Army the writer noted it was disappointing council who said that: The salvation is and Marines, the first such precinct to read a headline, ‘‘Children Killed.’’ like one family. There are no problems headquarters to be established in According to the story, the U.S. tank between us and the members. Falluja. His e-mail detailed what a suc- fired a high-explosive round at insur- U.S. military officials said virtually cess the operation had been. Almost 200 gents placing an IED in Fallujah yes- everyone in Anbar belongs to a tribe Iraqis volunteered for police recruit- terday, killing three Iraqi children. and that rather than ignore that fact, they were trying to exploit it. ment, hundreds more received out- The insurgents got away. To anyone patient medical care, damage claims watching the news that day, it would There is an overlay of government struc- ture and tribal structure, and the two, when were settled, and all present received seem the war in Iraq is being lost and they work well, mesh and, in a sense, com- food and oil rations. And the Iraqis the terrorists are winning. While there plement each other in Anbar. seemed to be very pleased to be cooper- has been significant progress in Iraq, I was able to see an article, a TV ating with the United States. there is no doubt we are losing the war story by Ollie North this past Sunday, But the enemy, being very clever, of information. I couldn’t have said it a war story. He was talking about the working to thwart any and all better than the young man who wrote good old days in World War II. If there progress, reacted to this success story my office in frustration, who said: was anything good about the old days by sending in some poor suicide bomb- What incredible economy of effort the in World War II, Hollywood and the er. Thanks to aggressive patrolling ef- enemy is afforded when U.S. media is their media were on the same side as our forts by Iraqi forces, the bomber was megaphone. Why spend precious resources on troops. What a wonderful vestige of the forced to detonate his vest almost half developing your own propaganda machine old times. a mile away when he was halted by po- when you can make your opponent’s own I thought this was a great oppor- lice. He caused superficial wounds to news outlets scream your message louder tunity to see what had happened in the than you ever hoped to do independently. one Iraqi civilian and killed himself. past. The war of ideas and public opin- No one else was injured, no other dam- The young man ended his e-mail by ion is not just critical in Iraq, it is age caused. In the aftermath of the in- saying the incidents he detailed were critical in the broad war on terror. cident the precinct signed up an addi- very important to him and his com- As we know from reading the state- tional 75 recruits for police service. rades who were serving in Iraq. Typical ments of Ayman al-Zawahari, the No. 2 As this American warrior wrote to of our brave warfighters, the young in command, he knows they cannot win us: man stressed that he and his fellow sol- the war militarily; they can win it only This bomber failed. He failed to kill inno- diers will continue to fight the fight. by influencing public opinion in the cents and he failed to deter the progress of He acknowledged there will be mis- United States. Unfortunately, recent standing up Iraqi police. takes, setbacks, and casualties that congressional action indicates the ter- But to his frustration there was no the world will hear about, but there rorists may not be far off base. Resolu- coverage of this good news story. In- will also be successes, victories over tions to withdraw from Iraq, delaying deed, the media, the U.S. media totally enemy combatants, progress, stability, funding for the troops, telling the misreported the story. A number of and growth in the new Iraq, but, trag- Sunni terror cells and the Shia militias media outlets carried these headlines. ically, it appears no one is going to that America’s political will is waver- From the Baltimore Sun, ‘‘Attack on hear about that in our media since it ing—the supporters of these resolu- Iraq Police, At Least 20 Dead.’’ has been increasingly clear that our tions are sending a message: Hang on, From the Los Angeles Times, ‘‘Twen- media is unwilling or able to report the United States will not have the po- ty Iraqis Die in Suicide Attacks.’’ anything except bloody headlines and litical will to outlast them. Our men Our correspondent wrote that he was bad news. The U.S. Government has a and women in uniform are right to be shocked. He checked it out every way responsibility to do a better job of pub- disheartened that we have not only the he could, but it appears to have been a lic diplomacy, strategic influence get- media but some Members of Congress false report. The headlines refer to the ting our story out. who are unduly influenced by our failed attack but depicted a dramati- The U.S. military has made a real enemy. It is critical that we not fall cally different outcome. There has difference in Iraqi communities. There into this trap set by al-Qaida and the been no apparent retraction, so thou- are examples of good stories, such as other Islamic terrorists who wish to sands upon thousands, maybe hundreds the local new precinct joint command defeat us. It is about time we realize of thousands who saw the headline as- headquarters. But somehow we are not our brave men and women in Iraq are sumed yet another tragic incident oc- doing an adequate job of spreading the putting their lives on the line, they are under fire every day. They are fighting curred in Falluja and just lumped that news. Let me cite an example from to- a battle and they are making progress in with all the other bad news that day’s Washington Post page A11: ‘‘Trib- in the global war on terror. They need makes up a grim picture of Iraq. And al Coalition In Anbar Said To Be Crum- the funds for equipment, which we fi- you see why our men and women fight- bling.’’ Well, I have missed it, perhaps, nally passed to them, but they also de- if I saw anything in the Washington ing over there are frustrated. serve our moral support and support in The following morning our cor- Post about the coalition. About 23 winning the hearts and minds not only respondent found himself in another sheiks in the tribal areas are cooper- of the United States but of the world. situation. He learned a combined Iraqi ating with the United States. But when I yield the floor, and suggest the ab- Army police and U.S. Marine patrol in you read the story a little farther, you sence of a quorum. Falluja encountered a small band of in- see the headline is about one Sunni The ACTING PRESIDENT pro tem- surgents at a suicide vehicle factory. leader who has great concern about an- pore. The clerk will call the roll. The police engaged the enemy, killing other Sunni leader, and calls him a The assistant legislative clerk pro- four of them, and the Iraqi Army and ‘‘traitor.’’ Unfortunately, this happens ceeded to call the roll. Marines trapped additional escaping to go on frequently among tribes. Mr. HATCH. I ask unanimous consent insurgents, killing three more. Two When you read farther down in the that the order for the quorum call be large trucks laden with explosives and story, we finally interview General rescinded.

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.000 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15202 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 June 11, 2007 The PRESIDING OFFICER (Mr. when it has sought to criticize execu- pressing the sense of the Senate about WEBB). Without objection, it is so or- tive branch officials. Resolutions in the his issue. No matter what its form, a dered. 109th Congress to censure the President resolution expressing a lack of con- f or condemn remarks by a former Cabi- fidence in an executive branch official net Secretary were Senate resolutions. is inappropriate in our system of gov- NO CONFIDENCE RESOLUTION The resolution to censure the Presi- ernment. Mr. HATCH. Mr. President, this dent introduced in the 106th Congress, Let me now address two points re- afternoon the Senate will decide offered by one of the cosponsors of to- garding the substance of this inappro- whether to end debate on proceeding to day’s joint resolution, was a Senate priate joint resolution. The first point Senate Joint Resolution 14, which ex- resolution. Resolutions in the 81st and is about the real purpose behind its presses the sense of the Senate that the 82nd Congresses demanding the res- words. Even though expressing a lack Attorney General no longer holds the ignation of Secretary of State Dean of confidence in an executive branch confidence of the Senate or the Amer- Acheson were Senate resolutions. The official is irrelevant in our system of ican people. resolution to censure and condemn government, we all know that the real I rise to oppose this so-called no con- President James Buchanan in 1862 was purpose behind this resolution is to fidence resolution on both procedural a Senate resolution. Our only attempt pressure the Attorney General to re- and substantive grounds and will urge to censure the Attorney General, back sign. my colleagues to vote against ending in 1886, was through Senate resolu- On the one hand, if its sponsors want debate. To paraphrase Shakespeare, tions. This unprecedented use of a joint to call for the Attorney General’s res- whether or not this joint resolution resolution would distort our legislative ignation, they should be honest and do amounts to sound and fury, it signifies procedure, and I urge my colleagues to so. On the other hand, Senators cer- nothing. It is nothing more than a bit reject it. tainly do not need a resolution—espe- of political theater which should be re- The second point about the form of cially one as fundamentally flawed and jected out of hand. this measure is that it purports to be a inappropriate as this one—to call for Let me make 2 points about its form no confidence resolution. Parliaments the Attorney General’s resignation. As and 2 points about its substance before take no-confidence votes for an obvious a number of this resolution’s sponsors offering a few comments about the con- reason. In a parliamentary system of have already done, with the rapt atten- troversy from which it arose. The first point I want to make about its form is government, the legislative body’s con- tion and constant repetition of a com- that this measure would express the fidence or support is necessary for the pliant media, Senators can demand the sense or opinion of the Senate through head of government and cabinet min- Attorney General’s resignation any a joint resolution. As opposed to reg- isters to serve. time they choose. ular Senate resolutions that require For an equally obvious reason, the My second point about the substance only Senate passage, joint resolutions so-called no-confidence resolution be- of this misguided joint resolution con- are legislative vehicles requiring pas- fore us should be rejected. This is not a cerns its actual content, the words sage by both houses and signature by parliament. In our Presidential system themselves. the President. of government, the separation of pow- This joint resolution does not con- We use joint resolutions to propose ers means that the chief executive is demn or criticize the Attorney General constitutional amendments and some elected separately from the legislature, for anything he has done or said. It other legislative business, but this leg- and cabinet officials such as the Attor- does not call for his censure. And, just islative vehicle is simply the wrong ney General serve at the pleasure of to repeat, this joint resolution does not way to conduct non-legislative busi- the President. call for the Attorney General’s resigna- ness such as expressing the opinion of Under the Constitution, the Senate’s tion. one house. In a report dated today, the consent was required for the Attorney In the past, the Senate has consid- Congressional Research Service con- General’s appointment, but our con- ered resolutions doing each of these, al- cludes that the form of this measure as fidence is not required for the Attorney beit through regular Senate resolu- a joint resolution is inappropriate for General’s continued service. The Attor- tions properly suited to the task. But what it purports to do. ney General serves at the pleasure of this joint resolution before us does not I think this is significant and the the President, not at the confidence of even contain a single ‘‘whereas,’’ reason for this conclusion is obvious. If the Senate. clause offering any indication of the this joint resolution should somehow The separation of powers has been a basis or any reason for what it says. pass the Senate—which I certainly ex- casualty throughout the controversy Rather, this joint resolution speaks pect it will not—it will be sent to the concerning the removal of U.S. Attor- vaguely of ‘‘holding confidence,’’ as if House. neys that gave rise to this misguided this were an all-or-nothing proposition, How on Earth can the House vote on resolution. As with the Attorney Gen- as if this were some kind of a pass-fail the sense of the Senate? What could a eral—and with very few exceptions— test. House vote about the Senate’s opinion U.S. attorneys serve at the pleasure of Even when parliaments take no-con- on this matter possibly mean? By a the President. fidence votes, those votes are at least negative vote, would the House be say- The U.S. attorney statute says that limited to the confidence of parliament ing that what the Senate has expressed they are subject to removal by the itself. This joint resolution purports to as its own opinion is really not the President. Neither the Constitution speak about all the confidence of all Senate’s opinion? This makes no sense nor this statute say anything about the the American people. But what could a whatsoever. In fact, the House already confidence of the Senate for the con- ‘‘yes’’ or ‘‘roll vote on such a resolu- has its own resolution regarding the tinued service of officials the President tion possibly mean? Would a ‘‘no’’ vote Attorney General’s service, and it is a has authority to appoint. mean that no American has any con- regular House resolution. The separation of powers, a principle fidence in the Attorney General about The sponsors of S.J. Res 14 either do fundamental to our constitutional sys- anything? not understand or have disregarded tem itself, is becoming a casualty of Would a ‘‘yes’’ vote mean that every how the legislative process is supposed partisan politics. American has complete confidence in to work. I suspect it is the latter, using The brand new Congressional Re- the Attorney General about every- this political ploy to force the Presi- search Service report I mentioned ear- thing? dent’s involvement. lier could not identify a single resolu- Because neither one of those can pos- Either way, this body should reject it tion like this one even being offered in sibly be true, a resolution worded this out of hand. the past and this should not be the way is either seriously misguided or The Senate has not used a joint reso- first. No matter what its substance, a nothing but a publicity stunt. It is not lution in the past on the rare occasion joint resolution is inappropriate for ex- focused on his job performance, or his

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.000 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 15203 leadership of the Justice Department, A USA Today/Gallup poll showed part five on the hiring and firing of but is focused on the Attorney General that while 38 percent of Americans be- U.S. attorneys. Every one of those himself. lieve that the Attorney General should same sequels has the same ending. It is A resolution asking for a ‘‘yes’’ or resign, 40 percent of Americans believe no wonder more Americans believe ‘‘no’’ vote on something as vague and that Democrats in Congress are spend- that enough is enough than believe the misdirected as confidence in a person ing too much time on this issue. Let Attorney General should resign. attempts to reduce the multifaceted me repeat that. More Americans say Before I close, let me say a few words and complex to the unilateral and sim- Democrats spend too much time on about the controversy that was the im- plistic. In doing so, this misleading this issue than believe the Attorney petus for this misguided joint resolu- joint resolution turns a bit of political General should resign. One reason tion. As I said earlier, U.S. attorneys theater into a theater of the absurd. might be that there is so little to show serve at the pleasure of the President. The Senate should not even consider for the effort. With very few exceptions, he may re- such a resolution evoking the image of Just a few weeks ago, one of my dis- move them for whatever reason he Caesar listening for the chants of the tinguished Democratic colleagues said chooses. The President has the author- crowd before giving a thumbs-up or a during a press conference that Demo- ity to remove a U.S. attorney to allow thumbs-down. Rather than purporting crats just know that U.S. attorneys someone else to serve in that position to speak for the American people, I were fired last year for improper rea- or because that U.S. attorney’s per- think we should let the American peo- sons. How do Democrats know this? Be- formance is, in some general or specific ple speak for themselves. cause they have any evidence for that way, inadequate. Each of the U.S. at- I found 16 opinion polls by nationally conclusion? torneys removed last year had served recognized polling outfits during No. My Democratic colleague had to his or her 4-year term and had no right March and April asking Americans admit that ‘‘we don’t have a smoking to serve longer if the President didn’t whether the Attorney General should gun.’’ That is Washington political want them to. That means the real resign. These polls did not ask a vague, code for ‘‘just take our word for it be- issue is whether these U.S. attorneys squishy question such as: Do you have cause we can’t prove it.’’ were removed for genuinely improper confidence in the Attorney General? No Just a couple of weeks before that, reasons, such as interfering with an on- these polls asked the real question be- another distinguished Democratic col- going case. After all this time, all this hind the joint resolution before us league told a gaggle of reporters after a effort, and all this taxpayer money, today: Do you think the Attorney Gen- Judiciary Committee hearing that he there is no evidence for that conclu- eral should resign? An average of 39 ‘‘just knows’’ someone in the White sion. percent of Americans said ‘‘yes.’’ Only House ordered that those U.S. attor- I must candidly say, at the same one poll showed bare majority respond- neys be removed. Now, how does he time, that the process by which this ing in the affirmative and, considering know this? Because he has any evi- administration set out to evaluate U.S. its margin of error, even that one dence for this conclusion? No. He too attorneys and replace some of them might not show majority support for had to admit that ‘‘of course we don’t was bungled from the start. Proper re- this result at all. know that’’ spect for the office of the Federal pros- Frankly, I am a little surprised that It is truly ironic that this con- ecutor and for the individuals who oc- the percentage of Americans who say troversy involves prosecutors. Prosecu- cupy it would, it seems to me, require the Attorney General should resign is tors must have some evidence to bring a more rigorous, disciplined, organized not higher. My Democratic colleagues charges. Prosecutors must have some process than apparently was used here. and many of their media allies, after evidence for a conviction. I just wish The Attorney General has said as much all, have been working very hard week that some of my Senate colleagues felt and said he should have been more in- after week after week to persuade our such an obligation either to prove their volved. I also think the individuals who fellow citizens that the Attorney Gen- allegations or move on to more impor- were asked to resign deserve better, eral should go. tant matters. more respectful treatment. But there is Daily front-page news coverage, Sen- We have been investigating and prob- a high burden of proof for those who ate and House hearings, protests and ing the removal of those U.S. attorneys say that a badly executed and ex- lobbying by activists, blogs, columns, for 6 months. Dozens of staff in the plained process, even a poorly con- editorials—the Attorney General’s crit- Senate, the House, and the Justice De- ceived and mismanaged process, was ics have been pulling out all the stops partment have done little else since instead a nefarious, partisan, political for 6 months now. And while the joint the 110th Congress began. We have seen scheme to subvert the justice system. resolution before us suggests that this hearing after hearing, interview after Continuing to make such claims with- aggressive, coordinated effort has de- interview, thousands of pages of docu- out coming close to meeting that bur- prived the Attorney General of every- ments, and even hundreds of thousands den appears to many designed, instead, one’s confidence about everything, of taxpayer dollars to hire outside law to serve partisan political goals. only a little over a third of Americans firms as reinforcements. As I close, I ask my colleagues to think he should resign. The Pew Re- Democrats continue to authorize sub- consider one more set of polls. During search Center examined news coverage poenas not only for people who have the same 2 months, March and April, as during the week in March when the At- not refused to testify, but for people they were asking about the Attorney torney General gave a much-criticized who have agreed to testify, and even General’s resignation, national polling press conference. They found that the for people who have already testified. outfits also asked Americans if they story about dismissed U.S. attorneys And after all that, my Democratic col- approve of the way Congress is doing was the most reported story in the na- leagues have to admit that they have its job. While an average of 39 percent tional media, with coverage jumping no smoking gun, they cannot prove the of Americans believe the Attorney eight fold from the previous week. In accusations they continue to repeat. General should resign, an average of 56 spite of that Herculean media effort, There are plenty of innuendos, carica- percent of Americans disapprove of however, only about 8 percent of Amer- tures, and characterizations. But re- how we are doing our job. Should we all icans said this is the story they fol- peating talking points, sound bites and resign? I think there are some people lowed most closely. cliches is no substitute for evidence. who probably would say yes. Far more These national polls are far better This summer, Americans will see se- Americans disapprove of Congress than suited to measure what the American quels of several movies in the theaters. believe the Attorney General should re- people think than the joint resolution Here in the Senate’s political theater, sign. I wonder whether spending so before us, and my Democratic col- we have already seen several sequels of much time on fishing expeditions that leagues might want to consider an- the same movie. Last week’s Judiciary yield no fish and wasting time on inap- other nugget of public opinion. Committee hearing, for example, was propriate, misleading resolutions such

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I suppose he meant loyalty to the poses many currents and crosscurrents my advice, and I said: Set out the rea- President, as if that were the only rea- and many overlapping currents and sons why you asked these individuals son to oppose using the wrong vehicle crosscurrents. I have written down five to resign. Set out the reasons why. He for a misleading statement that has no of the currents which I believe are in- did not do so. The day after a very tem- relevance to our system of government. volved in the analysis of this issue. pestuous hearing in the Judiciary Com- In a way, I agree this is about loyalty, First: Have I lost confidence in At- mittee, he called me again and asked but I think it is about loyalty to the torney General Gonzales? Second: Is for my advice as to what he ought to Constitution, to the integrity of the this resolution politically motivated? legislative process, to this body as an do. I said: Al, you still haven’t re- Third: Does Senator SCHUMER have a sponded as to why you asked these peo- institution, and to a fair and honest de- conflict of interest? Fourth: Will this bate about these issues. If my col- ple to resign. I took the position at resolution likely lead to the departure that time, and I take the position at leagues are loyal to those, they will see of Attorney General Gonzales or give that this bit of absurd political theater the present time, that I am not going him more reason to stay on? And fifth: to ask the President to fire Attorney serves no real purpose and will only Is the principal reason for this resolu- add to most Americans’ already nega- General Gonzales. That is a matter for tion to help the Department of Justice the President to decide. I am not going tive view of how we are doing our job. or to embarrass Republicans? It is an So I urge my colleagues to reject this to let the President tell me how to interrelationship and a wing of these vote, and I am not going to say to him cloture motion. various considerations which has led to I yield the floor. how he ought to run the executive The PRESIDING OFFICER. The Sen- my own conclusion on this resolution. branch on grounds of separation of ator’s time has expired. First of all, have I lost confidence in power. Similarly, with Attorney Gen- Mrs. FEINSTEIN. Mr. President, I Attorney General Gonzales? Absolutely eral Gonzales, as to what he does, that wish to ask what the time allocation is yes. Attorney General Gonzales has is a personal decision for him to make. because I wish to speak on the Demo- made representations which are false. But I have been very emphatic in the cratic side. He said he was not involved in discus- Judiciary Committee hearings, as we The PRESIDING OFFICER. The re- sions. He was contradicted by three of have investigated this matter, that I maining 20 minutes is under the con- his top aides and by documentary evi- think the Attorney General has not trol of the majority. dence, e-mails. He said he was not in- done the job and that the Department The Senator from Pennsylvania. volved in deliberations. Again, he was of Justice would be much better off Mr. SPECTER. Mr. President, simi- contradicted by three top aides and without him. larly reserving the right to object, I documentary evidence, the e-mails. He have been waiting. I wonder if we said he was not involved in the memo- The second question I looked at is: Is might have a unanimous consent randa which were circulated on this this resolution politically motivated? I agreement that I be permitted to speak matter. Again, contradicted by three think that it certainly is. This ties in for 10 minutes, unless the Senator from top aides and documentary evidence. to the crosscurrent as to whether Sen- California wants to go first? He said the terror surveillance pro- ator SCHUMER has a conflict of interest. Mrs. FEINSTEIN. Mr. President, if I gram brought no objection within the I believe he does. I said so to Senator might respond to that. Of course I want Department of Justice, and we find on SCHUMER eyeball to eyeball, con- to cooperate, but I wish to use the 20 examination there were serious dis- fronting him in the Judiciary Com- minutes of Democratic time. I would be sents within the Department of Justice mittee meeting. The day after New prepared to extend the time for morn- on the constitutionality of the ter- Mexico’s U.S. Attorney David Iglesias ing business if the Senators would rorist surveillance program. So much testified about a conversation that agree to that. so that Alberto Gonzales, when he Iglesias had with Senator DOMENICI, Perhaps there could be a unanimous served as White House counsel, was one the Democratic Senatorial Campaign consent agreement that Senator SPEC- of those who went to the hospital room Committee posted on their Web site TER is allowed 10 minutes, and I would of then-Attorney General John criticisms of Senator PETE DOMENICI. be allowed the 20 minutes of Demo- Ashcroft to get Attorney General The following day, the Democratic cratic time, requiring an extension of Ashcroft to certify that the program fundraising apparatus, led by Senator 10 minutes of morning business. was constitutional. So there is no SCHUMER, published a fundraising let- The PRESIDING OFFICER. Is there doubt in my mind that there is no con- ter, and there is no doubt about that objection? fidence which is residing in Attorney conflict of interest. Senator SCHUMER Mr. SPECTER. Mr. President, how General Gonzales. has been designated to lead the inves- much time remains on each side? This is much more than a personnel tigation because he is the chairman of The PRESIDING OFFICER. The ma- matter. This is a matter for the admin- the relevant subcommittee. So I think jority has 181⁄2 minutes and the Repub- istration of the Department of Justice, there is no doubt about the overtone of lican time has expired. heavy politicization and the conflict of Mr. SPECTER. Mr. President, the which is second only to the Depart- ment of Defense on the welfare of the interest. majority has 181⁄2 minutes, and the mi- nority has how much? people of the United States. The De- The third consideration I have is will The PRESIDING OFFICER. The mi- partment of Justice has the responsi- this resolution likely lead to the depar- nority time has expired. bility for investigating terrorism and ture or give the Attorney General a Mrs. FEINSTEIN. If I may, Mr. Presi- antiterrorism, has the responsibility reason to stay on? My hunch is the dent, through the Chair to the distin- for enforcing our drug laws, has the re- thrust of the resolution, if it seeks his guished ranking member of the Judici- sponsibility for enforcing Federal laws ouster, is going to be a boomerang and ary Committee, say my suggestion is of violent crime and white-collar is going to be counterproductive. My we extend the time of morning business crime. The Attorney General has the own sense is there is no confidence in to accommodate the Senator’s 10 min- responsibility for supervising 93 U.S. the Attorney General on this side of utes and my 20 minutes. attorneys from around the country who the aisle but that the views will not be The PRESIDING OFFICER. Is there have very important positions, some- expressed in this format. Already, some objection? Without objection, it is so thing that I know something about in who have called for his resignation on ordered. some detail, since I was the district at- the Republican side of the aisle have

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Is the principal reason for this reso- interests of the country, and moving The Attorney General testified that lution to help the Department of Jus- for improvements in the Department of he does not know who selected the var- tice or to embarrass Republicans? I Justice is to make a candid statement ious U.S. attorneys to be fired; there- think clear cut, it is designed to em- that I have no confidence in the Attor- fore, he does not know why they were barrass Republicans. It is designed to ney General, which I have said repeat- fired. Can you believe that? He testi- embarrass Republicans if the Senate edly. It is no surprise. I am going to fied that the firings were based on a says the Senate has no confidence in deal with this resolution on the merits ‘‘process of consulting with senior lead- the Attorney General, and it is de- and vote to invoke cloture. ership in the Department.’’ However, signed to embarrass Republicans who I yield the floor. every single one of the Department of vote against the motion for cloture be- The PRESIDING OFFICER. The Sen- Justice’s senior officials who have tes- cause it will be a ‘‘gotcha’’ 30-second ator from California is recognized. tified has stated under oath that they commercial in later campaigns. It will Mrs. FEINSTEIN. Mr. President, I did not place a U.S. attorney on the be used to say that whoever votes don’t often differ with the distin- termination list, with one exception— against the motion to invoke cloture is guished ranking member. But I came Kevin Ryan of California. This includes sanctioning the conduct of Attorney to the floor as a member of the Senate Kyle Sampson, the Attorney General’s General Gonzales, and anybody who Judiciary Committee now for 15 years Chief of Staff; James Comey, former votes against the motion to invoke clo- and as one who takes no particular Deputy Attorney General; Paul McNul- ture is going to be the recipient of pleasure in what I am about to say. I ty, Deputy Attorney General; Mike urge a ‘‘yes’’ vote on cloture. I want to those 30-second ‘‘gotcha’’ commercials. Elston, Paul McNulty’s Chief of Staff; Now, there are many reasons to vote say why. Monica Goodling, White House Liaison; The Department of Justice is one of against the cloture motion. One rea- Bill Mercer, Associate Attorney Gen- the country’s most important depart- son—and a dominant reason—is that eral; Mike Battle, Director of the Exec- ments. It has a budget of $24 billion the Senate has a lot more important utive Office of the U.S. Attorneys; and and over 100,000 employees. It is things to do than engage in this debate David Margolis, Associate Deputy At- charged with combating terrorism, on this issue. Thursday night, the ma- torney General. They have all said fighting violent crime, stopping drug jority leader took down the immigra- they did not add names to the list of trafficking, upholding civil rights, and those to be fired. To this day, we have tion bill. Regrettably, he had cause to enforcing civil liberties. It houses key because the Republican Senators who been unable to find out who put in agencies, including the FBI, DEA, the place the unprecedented targeted pro- had objected to the immigration bill Bureau of Prisons, the Marshals Serv- wouldn’t allow any amendments to gram to fire several U.S. attorneys ice, and U.S. Attorney’s Offices. midterm, at one time, and who made come up. They wouldn’t allow their As a leader of the Department, the the decision to place these attorneys amendments—they didn’t step forward Attorney General is the chief law en- on that firing list. with their amendments, nor did they forcement officer for the people of this allow others to offer amendments. But We also learned that an internal Nation. He is the chief lawyer of the order, entitled ‘‘Delegation of Certain we were on the verge of getting a list. United States. He runs a big depart- Personnel Decisions to the Chief of It was taking a little more time. The ment. He must be a strong manager Staff,’’ that was issued March 1, 2006— majority leader took down the bill. But who can direct the day-to-day oper- in that order, the Attorney General the national interest would be a lot ations and an independent leader with designated his role in hiring and firing better served had we continued with an unyielding commitment to the law, certain senior officials in the Depart- the bill on Friday or perhaps on Satur- who is willing to stand up against, yes, ment of Justice to his Chief of Staff, day—we can work on Saturday—or re- even the President, if necessary. He Kyle Sampson, and a young, 33-year- turn to the bill today—or still return must lead by example, upholding the old former researcher for the Repub- to the bill today, instead of taking up highest ethical standards. this resolution. I think President Lincoln’s Attorney lican National Committee, Monica Another reason why people could jus- General put the challenge on the map Goodling. I must say that I find this a tifiably vote against cloture is because when he said this: major abdication of the duty of a lead- er. In fact, according to internal the investigation is not complete. That The office I hold is not properly political, is still hanging fire, so why have the but strictly legal, and it is my duty above all memos, the Attorney General was resolution before we finish our inves- other ministers of state to uphold the law going to completely abdicate his role, tigation? and to resist all encroachments from what- until the Office of Legal Counsel But there is another reason: the Con- ever quarter. stepped in, saying he must at least be stitution arguably expresses a way to That is the job of the U.S. Attorney consulted in the process. deal with Attorney General Gonzales, General. The subject before us today is In a memo dated February 24, 2006, and that is by impeachment, as it is the fact that, for many of us, this At- Paul Corts, Assistant Attorney General not in line to have a resolution of dis- torney General has not lived up to this for Administration, wrote this: approval. That is the British system of standard, and he has lost our con- The Office of Legal Counsel advises that no confidence. It is my sense that fidence. Unfortunately, the Attorney permitting the Attorney General’s delegates many on this side of the aisle, if not General has failed to meet the chal- to approve appointments (or removals) of constitutionally ‘‘inferior officers’’. . . most, if not almost all—I ask unani- lenges during his tenure. would be inconsistent with the [Excepting mous consent for 1 additional minute. The Department of Justice has be- Clause in the Constitution]. The Office of The PRESIDING OFFICER. Without come highly politicized in its hiring Legal Counsel recommends that the dele- objection, it is so ordered. and firing—I hope to lay that out—and gates exercising the authority of this delega- Mr. SPECTER. It is my sense that I believe in many of the legal opinions tion submit appointments or removals to the many on this side of the aisle—most, if it issues as well. In many respects, it is Attorney General. not almost all—will vote against clo- today an extension of the White House, Taken together, the most favorable ture because there are ample reasons rather than the scrupulous, inde- interpretation of these various actions to vote against cloture. But as I look pendent enforcer of Federal law as sug- is that the Attorney General has clear- at this matter, as to which is the more gested by President Lincoln’s Attorney ly sought to avoid these key respon- weighty, the more compelling, the General. sibilities.

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.000 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15206 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 June 11, 2007 Unfortunately, information has come McKay is an effective, well-regarded, and ment sent over from the White House to light that demonstrates that the capable leader of the [U.S. Attorney’s office] for investigation that provided infor- problems are not limited to poor man- and the District’s law enforcement commu- mation on Milwaukee voting trends. agement. Rather, the Department’s nity. These are just examples of U.S. at- reputation, independence, and credi- Despite this review, Mr. McKay was torneys who were fired or considered to bility have been put in serious ques- fired on December 7, 2006. be fired because of their involvement tion. The Department did not turn over in election fraud cases. Other U.S. at- Mr. Gonzales has stated that he be- the EARS reports for the 2 U.S. attor- torneys who were fired were involved lieves the Attorney General wears neys who were said to have perform- with sensitive public corruption cases. ‘‘two hats’’—one as a member of the ance concerns and who were not identi- The congressional investigation has President’s staff and another as the fied until late in the process—Margaret also uncovered that political consider- Nation’s top law enforcement officer. Chiara and Kevin Ryan. ations were being taken into account How does this compare with what I just Since the initial cause for the firing, with regard to hiring and firing deci- read from Abraham Lincoln’s Attorney performance was clearly debunked by sions for career employees at the De- General? Answer: It does not. these reports. It now appears that partment and the prestigious Honors It is this perspective which I believe these 6 U.S. attorneys were fired be- Program. Now, that is a no-no. Monica Goodling, a young, inexperi- has led the Attorney General to treat cause they upset the political arm of enced lawyer, 33 years old, was named the Department of Justice as a polit- the White House. White House Liaison at the Depart- ical arm of the White House rather For example, David Iglesias, by all ment of Justice, and in that role she than as the independent law enforce- accounts a rising star, was only placed was given the authority to hire and fire ment agency it should be. For example, on the list to be fired after the Presi- personnel for many critical positions the committee’s investigation has dent and Karl Rove called the Attorney at the Department. shown that seven of the nine U.S. at- General to pass along complaints. Specifically, Kyle Sampson, former On May 23, 2007, Ms. Goodling testi- torneys who were fired were not fired fied that ‘‘I may have gone too far in for so-called ‘‘performance reasons’’ at Chief of Staff to the Attorney General, testified on March 29, 2007, that: asking political questions of applicants all, as stated. In fact, when reviewing for career positions, and I may have the six evaluation and review staff re- I do remember learning, I believe, from the Attorney General that he had received a taken inappropriate political consider- ports, which are called the EARS re- ations into account on some occa- ports, of the fired U.S. attorneys, all complaint from Karl Rove about U.S. Attor- neys in 3 jurisdictions, including New Mex- sions.’’ were given strong, positive perform- ico, and the substance of the complaint was This is a 33-year-old making these de- ance evaluations. Here are some exam- that those U.S. Attorneys weren’t pursuing cisions. Where was the Attorney Gen- ples: voter fraud cases aggressively enough. eral? Bud Cummins: Mr. Sampson went on to testify that The Congress has also discovered United States Attorney Cummins was very he also remembered that: that political appointees directed competent and highly regarded by the Fed- Just a week before I left the Department in changes to be made to the performance eral judiciary, law enforcement, and the civil March, I remember the Attorney General evaluations of career staff and overrode client agencies. telling me that he had had a meeting with career attorneys’ recommendations re- Despite this review, Mr. Cummins the President in October sometime. . . . I re- garding which cases to pursue or not was fired in June of 2006. member the Attorney General saying, ‘‘You pursue. Carol Lam: know, I remember the President in that For example, in testimony before the U.S. Attorney Carol Lam was an effective meeting we had in October telling me that House, Joe Rich, who worked at DOJ’s manager and a respected leader in the Dis- [there were] concerns about Iglesias.’’ Civil Rights Division for 37 years, testi- trict . . . The United States Attorney com- In addition, the committee’s inves- fied that he was ‘‘ordered to change the mitted significant prosecutorial resources to tigation has shown that many of the standard performance evaluations of the felony immigration and border crime U.S. attorneys who were fired, or put attorneys under my supervision to in- cases. on a list to be fired, were handling con- clude critical comments of those who Despite this review, Mrs. Lam was tentious election-related cases, includ- had made recommendations that were fired on December 7, 2006, ostensibly ing Todd Graves, former U.S. attorney counter to the political will of the for the very reason that the EARS re- in Missouri, who recently revealed that front office and to improve evaluations port found she had done a good job. he, too, was forced to resign after he of those who were politically favored.’’ David Iglesias: had refused to support a case against What does this do to the credibility This U.S. Attorney had well-conceived the Democratic secretary of state in of the Department of Justice of the strategic plans that complied with Depart- Missouri, alleging that Missouri was United States? ment priorities and reflected the needs of the violating Federal law for failing to In the Senate Judiciary Committee’s District overall. The U.S. Attorney effec- hearing last week, Brad Schlozman tes- tively managed complaints, detention deci- purge voter rolls—that is despite the sions, and pretrial practices. rules of the Department urging that no tified that ‘‘on a number of occasions, case involving election practices be I believe I did order [Joe Rich to Despite this review, Mr. Iglesias was brought prior to an election; John change performance evaluations.]’’ fired on December 7, 2006. There you have it, the politicization Dan Bogden: McKay, former U.S. attorney in Wash- ington, fired, it appears, because he re- of the Department of Justice. U.S. Attorney Bogden was actively in- fused to bring a case during the hotly Sharon Eubanks, lead attorney for volved in the day-to-day management of the the Department of Justice on the to- U.S. Attorney’s office, had established an ex- contested gubernatorial race against essentially the Democratic candidate; bacco cases, has stated that in June cellent management team, and had estab- 2005, she was pressured to ask for lesser lished appropriate priority programs that David Iglesias, former U.S. attorney in support Department initiatives. New Mexico, who, it appears, was fired penalties against the tobacco compa- nies. She said: Despite this review, Mr. Bogden was because he refused to bring a case al- leging voter fraud prior to the election; At first, the administration officials at- fired on December 7, 2006. tempted to get the litigation team and me Paul Charlton: Tom Hefflefinger, former U.S. attorney and my staff to agree to lower the amount, U.S. Attorney Charlton also made his goals in Minnesota, who was put on a list to but there was no basis for doing that, and we and expectations clear to his staff. . . . The be fired when he was pushing for an in- refused. And finally, after a number of very U.S. Attorney’s office prosecuted more im- vestigation into voter discrimination heated discussions, I said, ‘‘You write it and migration violations than any other district. against Native Americans; Steve I’ll say it.’’ Despite this review, Mr. Charlton was Buskupic, U.S. attorney in Wisconsin, What a terrible comment about some fired December 7, 2006. who was put on a list to be fired, and of the biggest cases ever made in the John McKay: his district was the focus of a docu- history of the United States.

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.000 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 15207 Each of these facts on its own is dis- Finally, and perhaps most disturbing, CREATING LONG-TERM ENERGY concerting, but taken together, they the Senate has heard testimony from ALTERNATIVES FOR THE NA- show a department being run based on Deputy Attorney General James TION ACT OF 2007—MOTION TO politics and not on law. Comey that calls into question the At- PROCEED. I also believe the Attorney General torney General’s character and integ- The PRESIDING OFFICER. Under has compromised important legal prin- rity. the previous order, the hour of 3:30 p.m. Mr. Comey testified about the con- ciples by taking positions and espous- having passed, the Senate will resume versation in the intensive care unit of ing opinions that are outside the main- consideration of the motion to proceed stream of legal thought. For example, George Washington University Hos- pital where he witnessed then-White to H.R. 6, which the clerk will report. the Attorney General testified on Jan- The bill clerk read as follows: uary 18, 2007, that habeas corpus, the House Counsel Gonzales ‘‘trying to A bill (H.R. 6) to reduce our Nation’s de- right to challenge one’s imprisonment, take advantage of a very sick man’’ to reverse a judgment that the Terrorist pendency on foreign oil by investing in is not protected by the Constitution. clean, renewable, and alternative energy re- Here is what the Attorney General Surveillance Program was illegal. sources, promoting new emerging energy said: The testimony—his testimony, technologies, developing greater efficiency, Comey’s testimony—raised questions and creating a Strategic Energy Efficiency There is no express grant of habeas in the about actions that are contrary to the Constitution. There is a prohibition against and Renewables Reserve to invest in alter- taking it away . . . I meant by that com- ethical standards lawyers are required native energy, and for other purposes. ment, the Constitution doesn’t say ‘‘Every to uphold. The PRESIDING OFFICER. Under individual in the United States or every cit- Mr. Comey’s testimony stands in the previous order, the time until 4:30 izen is hereby granted or assured the right to sharp contrast to the statements made p.m. shall be equally divided and con- habeas.’’ by Mr. Gonzales to the Senate about trolled between the chairman and He has also pushed to narrow the def- this incident. ranking member of the Committee on In response to Senators’ questions on inition of torture and changed to whom Energy and Natural Resources. February 6, 2006, the Attorney General the Geneva Convention applies. In the Mr. BINGAMAN. Mr. President, I ask left the impression that any reports of January 2002 memo he wrote: unanimous consent that we be allowed disagreement within the administra- In my judgment, this new paradigm ren- to equally divide a full hour, which was ders obsolete Geneva’s strict limitations on tion about the surveillance program were either inaccurate or in reference our plan this afternoon. questioning of enemy prisoners and renders The PRESIDING OFFICER. Without quaint some of its provisions. to some other program or issue. He said: objection, it is so ordered. And when it comes to Guantanamo, Mr. BINGAMAN. Some of that time Attorney General Gonzales has ex- There has not been any serious disagree- ment [about the program] . . . The point I may be yielded back, but I didn’t want pressed strong objections to closing the want to make is that, to my knowledge, to cut off anyone who wishes to speak detention facility and moving detain- none of the reservations dealt with the pro- on this issue before we go to a vote. ees to the United States. gram that we are talking about today. Mr. President, today we begin consid- The New York Times reported of That was under oath, Mr. President, eration of energy legislation in the March 22 of this year that Mr. Gates before us. He didn’t tell us about this. Senate. Later today, we will be voting argued to close Guantanamo. But ac- He didn’t tell us that he went, as White to take up legislation that will make a cording to administration officials— House Counsel, to a critically ill man’s meaningful and bipartisan contribution this is the newspaper only: intensive care unit bed and tried to re- to charting a new direction for Amer- Mr. Gates’s arguments were rejected after verse a decision that the Acting Attor- ica’s energy policy. Attorney General Gonzales and some other ney General was making. It wasn’t There is a growing consensus among Government lawyers expressed strong objec- until Mr. Comey came forward and told Federal, State, and local policymakers tions to moving detainees to the United us about it did we know. across the ideological spectrum, also States, a stance that was backed by the Of- fice of the Vice President. What do I conclude? Each of these from corporate leaders and the Amer- issues is serious on its own and each ican public in general, that our Nation And despite the fact that the U.S. would raise serious questions about the needs to move faster and needs to go Code states ‘‘the Foreign Intelligence qualifications and service of this Attor- farther to secure its energy future. Surveillance Act shall be the exclusive ney General. The Department of Jus- America’s family farmers and busi- means’’ by which electronic surveil- tice is charged with enforcing the law nesses look no further than the prices lance may be conducted, the Attorney and protecting all Americans’ rights that are posted at the corner gas sta- General has argued that the language and security. The Attorney General tion to see the vivid and daily indica- used in the authorization for use of must enforce the law without fear or tors of the economic perils inherent in military force implicitly authorized favor to its political ramifications. He maintaining the status quo. In fact, the President to exercise powers, ‘‘in- must act independently and pursue jus- they have watched as gas prices have cluding the collection of enemy intel- tice wherever it may lead, and without stayed at more than $3 per gallon for ligence.’’ compromise. He must uphold the high- well over a month. In his prepared testimony from Janu- est ethical standards. Our national security experts cite ary 2006, he stated: Let me quote again from President the geopolitical implications and the The Supreme Court confirmed that the ex- Lincoln’s Attorney General: foreign policy challenges presented by pansive language of the resolution—‘‘all nec- [t]he office I hold is not properly political, essary and appropriate force’’—ensures that the rise of State-owned energy compa- but strictly legal; and it is my duty, above nies and by our own growing depend- the congressional authorization extends to all other ministers of State, to uphold the traditional incidents of waging war . . . law and to resist all encroachments from ence on oil imports. In 2005, the United [and] the use of communications intelligence whatever quarter. . . . States imported roughly 60 percent of to prevent enemy attacks is a fundamental This is what the Attorney General the petroleum that we consumed. With- and well-accepted incident of military force. should be. That is why I am going to out decisive action, that figure is ex- He is thereby saying that Guanta- support the motion to close off debate pected to approach 70 percent over the namo is a creature of this and, there- and support the resolution. next two decades, with more than 35 fore, legal. I don’t agree with that as- I thank the Chair. I yield the floor. percent of that increase expected to sessment. f come from member nations of OPEC or I believe each of these legal opinions the Organization of Petroleum Export- has had dramatic negative con- CONCLUSION OF MORNING ing Countries. sequences, including negatively im- BUSINESS Meanwhile, economists take note of pacting America’s relationship with The PRESIDING OFFICER. Morning our energy policy’s fiscal implications most countries abroad. business is now closed. as well related to America’s global

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.000 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15208 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 June 11, 2007 competitiveness. In 2005 and 2006, our On the second day of the 110th Con- ket have been able to run on ethanol dependence on petroleum imports com- gress, we jointly announced an all-day blends of up to 10 percent. That is E10. bined with rising prices to add an esti- conference related to biofuels policy. A smaller yet increasing number of ve- mated $120 billion to our Nation’s trade This conference drew submissions and hicles that is now estimated at about 6 deficit. suggestions from more than 100 stake- million on American roads today can There is no doubt there is a compel- holders. During that all-day session, run on fuel comprised of 85 percent eth- ling case for action, but there is also attended by nearly every member of anol or E85. Meanwhile, existing diesel something more fundamental that is our committee, we heard from about 30 engines can run on biodiesel in any embedded in the American conscious- experts, who gave us suggestions that concentration. Due to concerns about ness that is animating the national formed the intellectual basis for the quality standards, however, manufac- call for a new direction in our energy committee’s work in the important turers may not honor warranties for policy. area of renewable fuels. After that, we engines running on biodiesel blends in President Franklin Roosevelt once held more than 15 energy policy-related excess of 5 percent, that is B5, or 20 observed: hearings, including 8 oversight and leg- percent, which is B20. The creed of our democracy is that liberty islative sessions, specifically tailored There is little question that passage is acquired and kept by men and women who to take testimony on the issues at the of the Energy Policy Act of 2005 was a are strong and self- reliant. core of our legislation. Those issues, in watershed event for the Nation’s Perhaps it is this American principle addition to biofuels, were energy effi- biofuels industry. Establishing the first of self-reliance that is driving national ciency and, second, carbon capture and Federal renewable fuel standard, the debate forward when it comes to en- storage. RFS, created an escalating require- ergy policy. As a result of this process, Senator ment for the amount of biofuels blend- After all, by tapping America’s limit- DOMENICI and I were able to circulate a ed in U.S. gasoline, starting with 4 bil- less capacity for innovation, our most bipartisan proposal to the committee lion gallons in 2006, and accelerating to abundant renewable resource, the for markup. After a session at which 7.5 billion gallons in 2012. United States can become more energy we adopted almost 30 amendments However, less than 2 years after that self-sufficient. Americans believe we from members on both sides of the Energy Policy Act was signed by Presi- can and should lead the world when it dais, the Energy Committee reported dent Bush, increased use of biofuels is comes to developing the new tech- legislation with a substantial bipar- already surpassing the original RFS nologies that will produce clean alter- tisan margin of 20 to 3. On the whole, I targets, with 5 billion gallons added to native energy and help us to address think what we were able to accomplish U.S. gasoline in 2006. Another 6 billion the threat of global warming. Inherent in a relatively short period of time is gallons of production capacity is ex- in this grand challenge is enormous op- something all members of our com- pected to go into operation by 2009, portunity—opportunity to build a mittee can be proud of. bringing total domestic production ca- stronger economy, to create the high- As I mentioned, the legislation pacity to approximately 11.7 billion paying jobs of the 21st century, and the touches on three key topics related to gallons. According to the Energy Infor- opportunity, of course, to lower our en- our energy future. First, it boosts do- mation Administration’s 2007 Annual ergy costs. mestic renewable fuel supplies. It does Energy Outlook: No single political party has a mo- so in a manner that will reduce life the market potential for biofuel blends— nopoly on these ideas. Rather, these cycle greenhouse gas emissions and that is B10, B5, and B20—remains signifi- ideas are broadly shared by Members of spur regional diversity of biofuels pro- cantly larger than the current production the Senate on both sides of the polit- duction and infrastructure. levels and will continue to absorb the biofuel ical aisle. The shared will to make The second thing the bill that came supply for the foreseeable future. progress in securing America’s energy out of the Energy Committee does is it Yet as the Energy Committee began future is what has brought us to this proposes to enhance economywide en- developing its legislation, it was obvi- point today. Later this afternoon, we ergy efficiency in a way that will re- ous significant challenges remained if will vote on a motion to proceed to leg- duce our Nation’s imports of foreign oil biofuels are to become a cornerstone of islation that represents the bipartisan and provide significant savings to con- U.S. efforts to improve our energy self- efforts of four committees in the Sen- sumers. sufficiency. Today, approximately 98 ate—the Energy and Natural Resources The third item we addressed is that percent of domestic ethanol production Committee, the Environment and Pub- we will invest in the carbon capture is derived from cornstarch, and that lic Works Committee, the Commerce and storage technologies that will help creates upward pressure on commodity Committee, and the Foreign Relations us to cut back on the greenhouse gas prices, restricting production to re- Committee. If we are successful in emissions that contribute to global gions of the country where corn is bringing the measure before the Sen- warming. grown, and posing challenges to effi- ate, I believe by the time the debate is I think it would be helpful to de- cient distribution of the fuel. concluded, we will also have the rec- scribe for my colleagues some of these Diversifying feedstocks to include a ommendations of a fifth committee, issues in a little more detail. broader array of renewable biomass can the Senate Finance Committee, to add First, on the topic of biofuels, there promote regional diversity in biofuels to this legislation. is no question that in recent years production and distribution, spreading Suffice it to say there has been a tre- many factors have sharpened public economic benefits to rural commu- mendous amount of bipartisan legisla- focus on the search for viable alter- nities across the country and relieving tive effort on display in bringing this natives to conventional petroleum- pressure on corn commodity prices. In measure forward. Since the outset of based fuels. I have already described addition, it can lead to greater effi- the 110th Congress, the Senate has held many of those factors, including in- ciency in the fuel production process more than 50 hearings on energy and creased world oil prices, concerns re- and help save on fossil fuel emissions. climate-related issues. That is at least garding import dependence, and the en- Another issue key to making biofuels one hearing held every other day that vironmental effects of vehicle emis- a significant factor in displacing do- we have been in session. As it relates sions. mestic petroleum use relates to exist- to what we have been able to accom- Biofuels, which is a term that in- ing infrastructure challenges. Of the plish in the Senate Energy Committee, cludes both ethanol and biodiesel, can nearly 170,000 vehicle fueling stations let me at the outset thank Senator be derived from an array of crops and in the United States, only 1 percent DOMENICI, the ranking member on the other biological materials that are carried E85 or biodiesel in 2006. Con- committee, for the goodwill and the available throughout our Nation. Since sumers must have access to these fuels diligence he has demonstrated at every the 1970s, all cars and light trucks with if they are to become a viable alter- step in this effort. gasoline engines built for the U.S. mar- native.

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.000 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 15209 To address these various challenges, To complement these initiatives, the large amounts of carbon dioxide emit- the Energy Committee’s legislation in- legislation also makes investments in ted from the use of fossil fuels. Electric creases and extends the existing RFS advanced vehicle technology develop- generating plants may be the most to 36 billion gallons in 2022, with spe- ment, basic science related to energy likely initial candidates for imple- cific incentives for the production of storage, and public education about menting carbon sequestration. biofuels from new sources of renewable how consumers can help reduce their The Energy Policy Act of 2005 di- biomass. Taken together, these provi- own petroleum consumption. rected the Secretary of Energy to carry sions will help provide market cer- In addition to the transportation sec- out research and development on tech- tainty to both the existing ethanol in- tor, efficiency is a resource we can bet- nologies designed to capture carbon di- dustry and to the next generation of ter deploy in end uses throughout the oxide, specifically with respect to com- advanced biofuels producers. U.S. economy. For example, lighting bustion-based energy systems. How- In addition, our legislation provides and common household appliances can ever, given the critical nature of these resources to help break down infra- account for as much as two-thirds of an efforts, the need to demonstrate emerg- structure barriers to renewable fuel average American family’s electricity ing methodologies, and the potential to distribution, and it invests in research bills. By improving a number of appli- apply them to a wider variety of en- into the basic scientific challenges as- ance efficiency standards and stream- ergy technologies, our legislation sociated with the use of promising new lining and strengthening the Depart- strengthens and further expands this feedstocks. ment of Energy’s existing program, research. Altogether, the Energy Information consumers stand to collect $12 billion In summary, I believe the Energy Administration has estimated the leg- in benefits as a result of provisions in- Committee has produced legislation islation’s biofuels provisions can help cluded in this underlying bill. that will help us move forward expedi- reduce America’s petroleum imports by In fact, altogether, the bill’s appli- tiously with groundbreaking research a million barrels per day, an important ance efficiency provisions will save at on carbon sequestration that is key to contribution to improving our Nation’s least 50 billion kilowatt hours per year, addressing global warming, will help energy security. or enough to power roughly 4.8 million spur diverse domestic renewable fuels The second major topic of the Energy typical U.S. households. It will save 17 production, and it will promote energy Committee’s reported legislation is en- trillion Btus of natural gas per year, or efficiency throughout our economy. ergy efficiency. The obvious goal of enough to heat about a quarter million These efforts, of course, by our com- these provisions is to use existing re- typical U.S. homes, and it will con- mittee, have been further com- sources more efficiently, which prom- serve at least 560 million gallons of plemented by good bipartisan work of ises to further enhance U.S. self-suffi- water per day, or 1.3 percent of daily the other Senate committees I men- ciency and provide environmental ben- potable water usage around this Na- tioned. Taken together, these bipar- efits and, of course, save consumers tion. These savings result from provi- tisan measures form the backbone of a money. sions which establish the first ever national strategy that meet at least Improving efficiency in transpor- Federal water conservation standards three complementary goals: boosting tation remains one of the most impor- for clothes washers and dishwashers. U.S. energy self-sufficiency, driving tant and vexing energy challenges fac- Finally, on the topic of efficiency: American leadership in clean alter- ing this Nation. Consumption of liquid The legislation recognizes the Federal native energy, and putting us on a tra- fuels is currently projected to grow by Government itself represents the Na- jectory to address the threat of global more than 6 million barrels per day, tion’s largest energy consumer and can warming. from 2005 to 2030, with 5.8 million bar- play a key role in bringing new tech- I urge my colleagues to vote in favor rels per day attributable to transpor- nologies to market. The Federal Gov- of the motion to proceed to energy leg- tation. So as fuel consumption in- ernment has an obligation to lead by islation which we will have later this creases, so too do U.S. imports, a key example, and in doing so we can save afternoon. concern for both the economy and our taxpayers money. I know my colleague, Senator national security. For example, even as the Govern- DOMENICI, wishes to speak, giving his The Senate Commerce Committee ment has reduced its energy consump- views on the pending legislation. has reported legislation that will in- tion, saving 2.5 percent from fiscal year I yield the floor. crease corporate average fuel economy 2004 to fiscal year 2005, Federal energy Mrs. BOXER. Parliamentary inquiry standards for the first time in many costs nevertheless increased 24.1 per- before my friend yields: How much years, and this legislation is also in- cent or $14.5 billion. Clearly, rising en- time do we have on our side? The ACTING PRESIDENT pro tem- cluded in the bill we will vote on later ergy prices have an impact on the Fed- pore. There is 81⁄2 minutes remaining this afternoon. The Commerce Com- eral budget, just as they have an im- on the Democratic side. mittee’s chairman and vice chairman pact on the budgets for families and on Mrs. BOXER. I was hoping to get 5 are to be congratulated on finding a the budgets for businesses across minutes to speak. way forward on this very difficult America. Mr. BINGAMAN. As soon as Senator issue. To capture additional savings, this DOMENICI has concluded his statement, As such, I am pleased to say the pro- legislation strengthens Federal energy I am glad to yield 5 minutes to the visions reported by the Energy Com- requirements from lighting procure- Senator from California. mittee also support the goal of reduc- ment, to petroleum displacement, to The ACTING PRESIDENT pro tem- ing the transportation sector’s con- energy management strategies across pore. The Senator from Colorado. sumption of liquid fuels in general, and Federal buildings. As a result, leading Mr. SALAZAR. Parliamentary in- gasoline in particular. Our provisions efficiency groups have estimated that quiry. establish an escalating goal for reduc- the legislation’s provisions in this area Mr. DOMENICI. Mr. President, I be- ing U.S. gasoline consumption, start- can save 60 trillion Btu’s of energy, 15 lieve I have the floor. I will be glad to ing with 20 percent in 2017. That is million metric tons of carbon dioxide, yield for a question. enough to reduce world oil prices more and almost $4 billion of taxpayer Mr. SALAZAR. Mr. President, would than $2.50 per barrel under current EIA money between now and 2015. it be possible to have my colleagues assumptions. A final issue touched on by the NRC yield 31⁄2 minutes, following Senator This national goal ramps up to 45 committee’s reported legislation re- BOXER’s statement on our side? percent in 2030, which is the equivalent lates to carbon capture and storage or Mr. BINGAMAN. I am glad to yield of 5.6 million barrels of oil per day. carbon sequestration. While scientific the remaining 31⁄2 minutes on this side That is more than twice the amount of and technological challenges remain, to the Senator from Colorado. oil the United States imported from carbon sequestration holds particular Mr. DOMENICI. Mr. President, might the Persian Gulf in 2005. promise related to the potentially I ask the Senator from California,

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.000 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15210 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 June 11, 2007 would she like to speak now and then I California, where there has been a bi- ship we have seen from the Energy will speak after her? I have all my partisan move forward on reducing Committee over the last 2 years. The time. I would just as well accommodate greenhouse gas emissions. 2005 Energy Policy Act could not have you. You are going to speak 5 minutes, The contribution the Environment been passed without the bipartisan and the Senator, would you like to Committee has made to this bill is to leadership exhibited by Senator BINGA- speak 31⁄2, then, and then I will use do that, it is to essentially make the MAN and Senator DOMENICI. For that, I mine at the end? Federal Government a model of energy am grateful to be a part of their com- Mr. SALAZAR. That would be fine efficiency and of lessening the carbon mittee. with me. footprint we are making. Let me say to all our colleagues, we Mr. DOMENICI. Mr. President, I ask I am very proud of that. Every single should definitely vote yes on the mo- it be ordered that that time be allotted one of the bills that is in this package tion to proceed, as we embark on this now and the time for the Senator from passed the Environment committee journey of looking at energy independ- New Mexico follows that. with overwhelming support. Only one ence for our Nation. The drivers for en- The ACTING PRESIDENT pro tem- had a few against it at the end, but al- ergy independence, in my mind, are pore. Without objection, it is so or- most all of them were virtually unani- stark and clear. It is fundamentally dered. The time allocation will be as mous. one of the very most important issues stated. We started off taking a look at Fed- that face our Nation today. First and Mr. DOMENICI. I yield to the Sen- eral Government buildings, and we re- foremost, the driver of national secu- ator from California. alized we are way behind the times in rity compels us to get rid of the addic- The ACTING PRESIDENT pro tem- terms of the way we use energy. Since tion we currently have to foreign oil. pore. The Senator from California is our committee has jurisdiction over When one looks at what is happening recognized for 5 minutes. these buildings, we decided to say that in Lebanon and the funding of the Mrs. BOXER. Mr. President, I am from now on, we are going to make Hezbollah organization that continues here to say this is a very important sure we can save money for taxpayers to create havoc in that part of the moment in the Senate. We are moving by reducing the energy costs in Federal world, it is a stark reminder to us that toward a change in our Nation’s energy Government buildings. Not only that, for too long, America has slept while policy. Clearly, this day has taken a but we set up a very important grant our enemies have fueled themselves long time to come. program which will give matching with the dollars that come from the Obviously, the bills included in the grants to local governments so for very high price of oil from places such leader’s package, Senator REID’s pack- their buildings they can have help as Iraq. Our country today is depend- age, are not the be-all and end-all of making them energy efficient. ent on us being able to grasp that con- everything we have to do. But it is a I do not know if my colleagues are cept of national security. That is why in this Senate Chamber significant step forward. As I said the aware of this, but in America 39 per- you will see it is not only Democrats day I was fortunate enough to gain the cent of global warming emissions are who are going to be working on this en- gavel of the Environment and Public attributed to buildings. If the Federal ergy legislation but it is Republicans Works Committee—and the Senator Government takes the lead and we help working on this legislation, because who is presiding knows this—as soon as all governments make their buildings the issue of energy independence is not we had the votes we would move for- energy efficient, we are moving for- a Democratic agenda or Republican ward with good legislation. ward. agenda, it is an agenda that is essential I think Senator BINGAMAN has cer- We also passed a very good com- to the future security of America. tainly had that same attitude, to begin promise bill by Senators LAUTENBERG I am hopeful, as we move forward moving and getting bills to the floor. I and WARNER on new buildings, the with this legislation, we will grasp the was very pleased when Senator REID green buildings legislation. We also fact that we are taking some signifi- agreed that we could have a group of passed a bill on a Capitol powerplant, cant steps forward. First, the biofuels bills put together which would be a kind of a model project to see what we increased by moving forward with a re- real confidence builder so the people can do from the carbon coming out of newable fuel standard will mean we know we are working. that coal-fired plant. We are excited will be quintupling the amount of en- As Senator BINGAMAN said, we have about that. We passed a bill that would ergy we expect we can produce from three committees represented in this make the energy building, the Depart- biofuels. Second, the major initiative particular piece of legislation. The ment of Energy building, a solar build- with respect to energy efficiency is committees that participated in this, ing. something we ought to embrace. That as Senator BINGAMAN said, are the En- Wrapping it up I see my time is up. is low-hanging fruit for all of us in ergy Committee, the Environment and We are very happy to partake in this America as we deal with energy inde- Public Works Committee, and the bill. We think we are finally moving pendence. Third, we take major steps Commerce Committee. How fortunate forward on global warming in a small with carbon sequestration and move am I to sit on two of the three commit- but deliberative way to set the stage, forward on the debate on global warm- tees. I wish I sat on all three—this is by making the Federal Government the ing, which is essential to our country; such an important issue—but I am so leader, in terms of reducing greenhouse and finally, looking at other issues, pleased to be able to sit on both the gas emissions. such as CAFE standards, will help us Environment Committee, of which I I thank Senator BINGAMAN for the get down the road. I urge all my col- am the Chair, and the Commerce Com- time and I believe Senator SALAZAR is leagues to join us in this historic en- mittee. next. deavor as we march forward toward en- We all know global warming is a The ACTING PRESIDENT pro tem- ergy independence in our Nation. looming problem for us. We all should pore. The Senator from Colorado is rec- The ACTING PRESIDENT pro tem- know at this point. The Environment ognized for 3 minutes. pore. The Senator from New Mexico is Committee has held at least 12 hear- Mr. SALAZAR. Mr. President, let recognized. ings on the subject, at which the Pre- me, first of all, congratulate Senator Mr. DOMENICI. Mr. President, might siding Officer was present—I think at BINGAMAN and Senator DOMENICI, the I first say to Senator BINGAMAN, I en- almost all of them. We know the Fed- chairman and ranking member of the joyed his remarks and summary of eral Government is lagging behind on Energy Committee, for their great where we are and where we have been. global warming; that is, reducing work and their leadership. I think the Most of that trip has been together; greenhouse gas emissions. We are lag- legislation they have brought to the part of it with you on the majority and ging behind Europe. We are lagging be- floor today, along with the legislation part of it me on the majority. In com- hind the mayors of this country and from the other jurisdictions in the Sen- bination, there is some pretty good leg- many States, including my State of ate, exemplifies the working relation- islation. People may still say they

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.000 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 15211 want more, but when you have a sys- But the administration, because ational, these plants will provide tem such as we have in America, you somebody in high places does not like enough electricity for nearly 30 million have to have two bodies, the Senate loan guarantees—there are all kinds of American homes, while displacing and House, agree. We have debate, they loan guarantees in government and in about 270 metric tons of carbon dioxide have a Rules Committee. Then you go this world. But somehow somebody each year. to conference and, think of it, how said: You know, we don’t like them. Just think of that. Think of how those two, the House and Senate, natu- And the Department of Energy does much we would have to do to displace rally disagree. Right? We have to get not do them, if you can imagine. that much carbon dioxide if it was pro- all that in agreement before we have a So the Department of Energy has not duced, and we had to get rid of it after bill that goes to the President. Then he been doing loan guarantees. Who cares. it was produced, in a coal-burning pow- has to sign it. There are loan guarantees all over the erplant or some other plant in the We are lucky. The very first one we Government. The Department of Agri- process of ignition-produced CO2. did, the big bill, probably the best culture has billions of dollars in loan This is safe, clean, affordable, and re- piece of legislation in modern times to guarantees. I don’t think we are going liable large-scale energy for our Na- cause America to produce more energy, broke. They are paid back. It is just tion. That is why earlier this year the what energy we could, and to do it in a that the guarantees are given in a Nuclear Regulatory Commission ap- manner that was frugal, with reference manner that permits those who use proved two early site permits for new to environmental damage, was the first them to get money where they other- reactors in Illinois and Mississippi. one and the President did us a great wise would not. As we try to reduce our dependence favor. He came to our State to sign it, Well, we did not do that yet in that on foreign energy and address the issue as you recall. It was the first major first bill. I think we still—you and I— of the global climate change, it be- piece of legislation. I think that was owe the citizens of our country another comes imperative for our energy and great on his part, a very good gesture, push, and maybe we ought to check environmental security that we keep because the two Senators were from into it and give one more push to the the momentum going on nuclear en- New Mexico and it was the first big bill administration to see how we can en- ergy in this country. and it was one he signed with relish— hance the promotion of loan guaran- On coal technologies, clean coal tech- which means, even as to the executive tees by the administration because nologies, the policies set forth in the branch, it was not too far off the mark. there should be, for all kinds of prod- Energy bill of 2005 have resulted in Before I get to my statement, I am ucts that need a lot of money for ex- bringing 159 new coal-based facilities going to say there is one thing that did perimentation, and for many other to various planning stages. Over the not go right. In your remarks, Senator, technologies, there should be a very big next 5 years, the United States will add you mentioned a couple of times how pot of loan guarantees. Not $300, $400 an estimated 60,000 miners to the we in the first bill had promoted tech- million, there ought to be more, a few American workforce. Just think of nology because it was obvious to every- billion, so that they can do the work, that, Mr. President. Everybody has one that, so long as America lived in a draw their money on new ideas, and get been wondering if we are going to have world with cheap oil, the power of enough jobs, enough jobs for our peo- those who would invent and would use on with helping us make that step from ple, because they are looking at the new technology in the field of energy a society that was almost totally roped economy of yesteryear, not of tomor- was minimized when gasoline was 50 in by oil and gas and nothing else, into row. cents at the pump, because there was a society with a great divergence of en- Coal miners, instead of being out of no broad incentive to do something ergies. work, we will be looking for people to about it. That is the way we are going in the But about the time we got to our legislation. The bill before us con- join the corps of coal miners in this major bill, it was quite clear that we tinues that momentum. So I speak country as we produce more coal be- no longer were even major players on today as we prepare to consider energy cause we are going to learn how to use the international oil scene. They could legislation on the floor of the Senate to it clean in our country as we seek to almost do with us what they wanted provide the proper context of this bill. avoid this total dependance upon crude because we were way too dependent. I think it would be instructive to re- oil and natural gas. They grew more and more, and that flect, as I have just done, upon the re- This past week, the Departments of made those who do not like America cent accomplishments of Congress. Treasury and Energy together an- less and less concerned about the eco- I have already indicated to you about nounced new instructions for applying nomics of them having a monopoly, so 2 years ago the President signed the tax credits for advanced coal and gas- to speak. Toying around with the coun- Energy Policy Act of 2004. Senator ification projects. In total, three En- try that is an open economic society is BINGAMAN from my home State, this ergy bill tax credits will provide over a big difference. They can really wreak sweeping law was the most comprehen- $1.5 billion to help advance energy havoc. sive energy policy enacted in decades. projects and capture and sequester car- But when we did our bill, we put in a I have watched with pride—and this bon dioxide. These are already being provision, a kind of catch-all. I remem- has not been mentioned enough be- done and the credits have been given ber working on it, and I remember you cause it is hard to do. But I have under the laws which were written in questioning it. Then after a while we watched with pride that in just 2 years, this thoughtful process of developing agreed, and it was the section that pro- this long-term policy has already legislation over the past 2 years. vided for loan guarantees and other in- begun to show great positive impact in This bill also put in place mecha- centives for the technologies we men- the short term. The Energy Policy Act nisms to ensure a secure, reliable elec- tioned in this bill as being most impor- is brightening our Nation’s nuclear tricity grid for our Nation, and helped tant for America’s future. renaissance. Already over 30 nuclear transform our agricultural bill into an You and I remember one of those powerplants are in the works. Imagine Energy bill—we already know that— that happened was nuclear. We even that. We went more than two decades providing rural America literally thou- had to work hard on a different kind of without a single one applying, and we sands of jobs and billions in new cap- incentive for nuclear, and we got it in. have now over 30, with a number of ital investment dollars to help bring It was a new kind of insurance for the them way up near the top of the clear- clean fuel to our Nation’s gas tanks. first few who built theirs, that they get ance scale where we will be seeing In the area of biofuels, the 2005 bill an insurance policy from the Federal them cleared for the beginning of con- created a solid foundation for these sig- Government so as to permit them to struction soon. nificant policies set forth in the bill, as expedite the building of that very com- I am sure many of us will go to that we will consider this shortly on the plicated, energy-producing nuclear and say it is high time, and we were Senate floor. As a result of the Energy powerplant. pleased to be part of it. Now, if oper- bill of 2005, we revitalized a renewable

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.000 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15212 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 June 11, 2007 fuel industry in America through the As we prepare to debate on the floor CAFE standards, which will compel first ever renewable fuel standard and of the Senate today, we are going to automobile companies to do better production tax credit. We all wondered consider a bill smaller in scope and less than they have in terms of miles per when that would come. It is done. bold in its version. Nevertheless, this gallon. We have never gone as far as There are now 114 biorefineries na- bill represents bipartisan work span- the Commerce Committee did, so it tionwide, with the capacity to produce ning four committees of the Senate. ought to make for a few hot speeches 5.5 billion gallons of ethanol a year. There are a lot of good policies in this here on the floor. I don’t know when That is all because of the act that we bill. However, I believe there must be a they will come, but sooner or later passed in 2005 that we keep referring to full and fair debate on this bill and a they will because the CAFE standards that we worked here in this body, on a complete amendment process to ensure for vehicles we drive will be changed. bipartisan basis, and then went to the that the work we will do in the Senate I have only one page remaining. I House the same way, and then had the and for the American people on energy don’t need to use all my time, espe- President join us with great joy in policy will be complete. Anything cially when some Senators have had to signing it in our State. short of that will be a departure from wait. I will close by saying to Senators Additionally, ethanol refinery con- the example of the 2005 act. who are not paying attention and to struction and expansion currently in The bill we expect to soon consider staffs watching for their Senators, we the works has enough combined capac- provides for a biofuels mandate with are not going to be on this bill very ity to have an additional 6 billion gal- the potential to displace 20 percent of much longer today. If you want to lons of ethanol. The biofuels policy in- the growth in gasoline that we use in come down and speak, I have a little cluded in the Energy Policy Act of 2005 this country by 2020. This addition of 36 bit of time. I can give you some. But I has helped create approximately 10,000 billion gallons of biofuels a year will think we are going to start yielding to American jobs across many sectors of see the majority of its content come other Senators, I assume, and move on. our Nation’s economy. I think some- from cellulosic ethanol, a sharp and I haven’t talked to Senator BINGAMAN times we wonder why the economy did important move away from corn-based on that. so well. Maybe we should look around ethanol in our fuel mix. How much time do I have remaining? and say maybe the money spent on en- We consider this an energy-efficient The ACTING PRESIDENT pro tem- ergy facilities across this land, because measure that if properly implemented pore. The Senator has 9 minutes re- of this act, had something to do with has the potential to provide important maining. keeping the employment up and keep- efficiencies in vehicles, buildings, Mr. DOMENICI. I reserve that time ing the growth up. I am not sure of homes, and businesses to save the and suggest the absence of a quorum. that, but I just throw it out. American consumer more than $12 bil- The ACTING PRESIDENT pro tem- Indeed, that act of 2005 could have lion annually. This is one part of our pore. The clerk will call the roll. been called a jobs act, could have been energy policy that goes unnoticed, the The assistant legislative clerk pro- called a jobs-producing act, a diver- one I have just described, important ef- ceeded to call the roll. sification act, providing jobs that were ficiencies. And I do say to our major- Mr. SCHUMER. I ask unanimous con- never there before. Ethanol production ity, who was my minority member sent that the order for the quorum call and demand are setting records in when we started, that he has led the ef- be dispensed with. America as we seek renewable fuel to The ACTING PRESIDENT pro tem- fort in this part of the changes in the power our cars that we drive. pore. Is there objection? The bill reported out of the Energy energy policy, those that would make Mr. DOMENICI. I object. and Natural Resources Committee this us more efficient. The ACTING PRESIDENT pro tem- year, with a strong bipartisan vote, we He described today in his speech how pore. Objection is heard. responded to that call for sustain- much efficiency will come just from The clerk will continue the call of ability and to provide a path for the washing machines and dishwashers. I the roll. emergence of cellulosic ethanol. That am not ashamed to talk on the floor The assistant legislative clerk con- is what we are here to work on today. about dishwashers. Some people say we tinued with the call of the roll. That will mean we will be able to shouldn’t talk about dishwashers. Why Mr. DOMENICI. Mr. President, I ask produce much more cellulosic ethanol, shouldn’t we, when it saves a huge unanimous consent that the order for which will do the same thing as eth- amount of energy? I remember when I the quorum call be rescinded. anol except it will make us able to got a dishwasher. I got a laundry board The ACTING PRESIDENT pro tem- produce far more since we can add the as a gift from a constituent because I pore. Without objection, it is so or- cellulosic to the ethanol that comes had helped with REA that went up the dered. from corn, and what a machine we will mountain and took electricity up Mr. DOMENICI. I yield back the re- have to produce gasoline for our cars. there. So she came down to me at the mainder of my time. I say to the Sen- In the 2005 Energy bill, we addressed foot of the mountain and said: Here is ator from New York, I was just trying almost every conceivable area of en- your washboard. I don’t need it any- to find out if there were more people on ergy policy—from coal to nuclear to more; I got electricity. I just bought a my side. electricity transmission, to oil and gas, washing machine. I am thanking you Mr. DORGAN. Mr. President, in the hydrogen to biofuels. We did this with by giving you the washboard. She coming weeks the Senate will debate a majority of both parties in the Sen- didn’t have efficiency; that was all our national energy policy. An impor- ate, embracing this forward-thinking brawn, right? tant part of that debate will involve policy for America. Anyway, this bill will save us a lot of tax and other incentives to encourage This wasn’t even a close vote. In each energy on those two items that we development of our abundant domestic case it was substantially more than 60 need and use to make our lives better. energy resources. This debate will af- votes, a bipartisan vote, almost equal On fuel economy, the Senate stands fect the lives of every American. from each side on each of the impor- poised to address vehicle fuel effi- During that debate we must find a tant bills. There have been two al- ciency. One way to help reduce our de- way to encourage greater use of renew- ready. This one will be the third. pendency is by reforming our CAFE able energy sources, advanced clean Simply put, the Energy Policy Act of standards for the vehicles we drive. Ev- coal technologies in the generation of 2005 has already helped to strengthen erybody should know the Commerce electricity, and accelerate efforts to our energy security and to grow our Committee did that and, by act of our move that clean energy to markets by Nation’s economy. More importantly, leader and the floor procedures, that is building large transmission projects. if implemented effectively, the larger on this bill. So if people want to do Furthermore, we need to find alter- impacts of this great bipartisan legis- something about CAFE, it is pending. native ways to produce energy, such as lation will be felt for decades in this Once this bill is made pending, it is the through fuel cells and other distributed country. subject matter before the Senate, the generation.

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.000 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 15213 For too many years, Congress has down tax loopholes that allow profit- also without precedent. The level of sent mixed messages about the impor- able U.S. multinational companies to disarray and dysfunction, the crisis of tance of energy independence, security, avoid paying their fair share. credibility, and the failure of leader- diversity, and reliability, especially in Over the years, I have heard a few ship are all without precedent. It is a the area of renewable and distributed clear messages from the investment simple measure we have before us. Let energy and the opportunity for using community, Federal and State regu- me read it. advanced clean coal technology. The lators, energy industry, and environ- It is the sense of the Senate that Attorney Congress has lacked the commitment, mental and local community interests. General Alberto Gonzales no longer holds the or perhaps understanding, about the It must be clean so that we are confidence of the Senate and of the Amer- ican people. major role that renewable energy and incentivizing an environmentally sus- clean coal can play in helping our Na- tainable energy option. We need to Are there any Members here who tion meet its future electricity de- send the right market signals with du- don’t agree with that sentiment? If so, mands without seriously impacting the ration, with a sustained commitment, I haven’t heard them. Senators are not environment. and with certainty so that the best in- a shy lot. Their silence on this point is This is despite the fact that policy- vestment decisions are made. deafening. So if Senators cast their makers have been told repeatedly by I believe this legislation is an impor- votes with their conscience, they would energy developers that certainty about tant step in that direction. speak with near unanimity that there is no confidence in the Attorney Gen- the availability of incentives is abso- f lutely essential before they can com- eral. Their united voice would undoubt- mit the capital needed to move forward EXPRESSING THE SENSE OF THE edly dislodge the Attorney General on a major energy project. Yet Con- SENATE THAT ATTORNEY GEN- from a post he should no longer hold. gress has passed energy incentives ERAL ALBERTO GONZALES NO But we may not have a unanimous vote here today, I am told. That is a puzzle that, in many cases, are available for LONGER HOLDS THE CON- because no matter what standard one as a little as one year or two. FIDENCE OF THE SENATE AND In my judgment, the hood ornament OF THE AMERICAN PEOPLE—MO- applies, no matter what criteria one for this start-and-stop, boom-and-bust TION TO PROCEED uses, the Attorney General cannot energy policy is the tax credit for fa- The ACTING PRESIDENT pro tem- enjoy the confidence of the Senate. He cilities that produce electricity from pore. Under the previous order, the certainly doesn’t of the American peo- ple. wind and other renewable resources. Senate will resume debate on the mo- The bill of particulars against the This credit has been extended for short tion to proceed to S.J. Res. 14, which Attorney General is staggering. On the the clerk will report. periods five times, and shamefully has question of the Attorney General’s The assistant legislative clerk read been allowed to expire three times, credibility, the record speaks for itself. as follows: since it was enacted in 1992. The Tax Repeatedly, the Attorney General has Code is replete with other energy tax A motion to proceed to the consideration misled the Congress, misled the Amer- incentives that Congress made avail- of S.J. Res. 14, expressing the sense of the ican people, and given incredible expla- Senate that Attorney General Alberto able for just a year or two, and that nations for the U.S. attorney firings. will expire before their full benefit can Gonzales no longer holds the confidence of the Senate and of the American people. The Attorney General’s comments be realized. have been a series of shifting reactions The ACTING PRESIDENT pro tem- It is imperative that we provide a and restatements. Is this confidence-in- pore. Under the previous order, the Re- clear signal to the marketplace that we spiring conduct from the Nation’s chief publican leader shall control the time are committed to the development of law enforcement officer? renewable sources of energy and ad- from 5 to 5:20, and the majority leader We learned that Attorney General vanced clean coal technologies. That is shall control the time from 5:20 to 5:30. Gonzales was personally involved in why I introduced the Clean Energy The Senator from New York is recog- the firing plan after being told he Production Tax Incentives Act to make nized. wasn’t. We learned that the White these incentives available for 10 years. Mr. SCHUMER. Mr. President, par- House was involved after being told it The vast majority of energy facilities liamentary inquiry: The Republican wasn’t. We learned that Karl Rove was and infrastructure are owned, devel- leader controls the time from 5:10 to involved after being told he wasn’t. We oped, and operated by the private sec- 5:20, as I understand? learned that political considerations tor. We must work closely with indus- The ACTING PRESIDENT pro tem- were paramount after being told they try and other stakeholders to provide pore. Under the previous order, it is weren’t. Then, when the Attorney Gen- incentives so that these steps can be from 5 to 5:20. eral finally had the opportunity to set taken. For example, I am very sup- Mr. SCHUMER. I ask unanimous con- the record straight on April 19, 2007, portive of a whole range of clean en- sent that those of us in favor of this what did he do? More than 70 times he ergy technologies and resources. North resolution be given a half hour to de- answered ‘‘I don’t know’’ when asked Dakota epitomizes that with its coal, bate. the most basic questions about how he oil, gas, wind and other renewable re- The ACTING PRESIDENT pro tem- came to fire 10 percent of the Nation’s sources. We can and must utilize them pore. Is there objection? U.S. attorneys. The Attorney General now and into the future. If we want se- Mr. DOMENICI. I object. admitted he didn’t know the reasons cure, clean, and reliable energy re- The ACTING PRESIDENT pro tem- why several U.S. attorneys were fired sources in the future, we must work pore. Objection is heard. but insisted in the very next breath with the private sector to help achieve Mr. SCHUMER. Mr. President, I un- that he knew they were not fired for our goals. This bill has the support of derstand there is a misunderstanding. improper reasons. Does that inspire National Rural Electric Cooperative They weren’t supposed to start until confidence? One of our most mild-man- Association, the North Dakota Asso- 5:10, but the order says 5 o’clock, which nered Members, Senator PRYOR, be- ciation of Rural Electric Cooperatives, would only give us 10 minutes to de- lieves he was lied to directly by the At- Xcel Energy, Basin Electric Power Co- bate this motion. torney General, and he has good reason operative, the American Wind Energy Let me begin and not waste any fur- to think so. Association, and Otter Tail Power ther time. I rise in support of the mo- Time after time, the Attorney Gen- Company. tion to proceed to a vote of no con- eral has shown he doesn’t have the I also believe we must advance our fidence on Attorney General Alberto credibility to lead the Department. energy interests in a fiscally respon- Gonzales. It is a fair measure. I know it This is not a liberal or conservative as- sible manner. The costs of the clean en- is one with few precedents, but it is sessment. This is not a Democratic or ergy tax incentive investments in this called for today because the dire situa- Republican assessment. It is a uni- legislation would be offset by closing tion at the Department of Justice is versal one. Listen to the words of the

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.000 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15214 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 June 11, 2007 conservative National Review maga- learned that deep suspicions about im- Might I ask the minority leader a zine, which wrote on March 28: proper politicizing even at the entry question? What is his pleasure? I had What little credibility Gonzales had is level of the professional ranks were been told he was coming at 5:10, but gone . . . Alberto Gonzales should resign. correct. We have learned from the At- the agreement says 5. The Justice Department needs a fresh start. torney General’s own former senior The PRESIDING OFFICER. The Re- That is on credibility. counselor Monica Goodling that she publican leader. On the Attorney General’s lack of ‘‘crossed the line’’ in considering par- Mr. MCCONNELL. Madam President, commitment to independence and the tisan affiliation in filling career posi- my understanding is I am to speak at 5. rule of law, the record is also disturb- tions at the Justice Department—ca- I have a leadership meeting at 5:15. I ingly clear. The Attorney General has reer positions, not political positions. have a time problem. I do not seek to long shown that he misperceives his The Office of Professional Responsi- get in front of the Senator from New role. He forgets that he is the people’s bility and the Office of Inspector Gen- York, but I really need to speak at 5 lawyer, not just the President’s. If one eral have now opened investigations re- o’clock, at the time I was anticipating needs a single image to symbolize the lating to the hiring of immigration speaking. Attorney General’s contempt for the judges, civil rights lawyers, and Honors Mr. SCHUMER. Madam President, I rule of law, it is that of Alberto Program attorneys. All of this, of ask unanimous consent that the minor- Gonzales bending over John Ashcroft’s course, occurred under the Attorney ity leader be given his 15 minutes now, sickbed on the night of March 10, 2004. General’s watch. Either the Attorney that then I be given another 10 minutes It is the picture of then-White House General knew about these potentially to finish my remarks, and the Senator Counsel Gonzales trying to take advan- illegal activities and did nothing or he from Rhode Island be given 10 minutes tage of a very ill man who didn’t even was oblivious to what was going on be- to speak, and that we vote imme- have the powers of the Attorney Gen- neath his own nose. Either way, Mr. diately thereafter. eral to approve a program that the De- Gonzales is responsible for a deeply po- The PRESIDING OFFICER. Is there partment of Justice could not certify litical culture at the Department, un- objection? was legal. precedented in modern times. As Mr. MCCONNELL. Madam President, That example, unfortunately, has former Deputy Attorney General Jim reserving the right to object, the Sen- plenty of company. Consider the image Comey has said, these kinds of blows to ator from Mississippi and I are going of Attorney General Gonzales in March the reputation of the Department will to—I guess the Senators from Texas of this year making Mrs. Goodling feel be hard to overcome. Does that kind of and Mississippi and I are going to di- leadership inspire confidence? ‘‘uncomfortable’’—her word—by going vide the 15 minutes. Madam President, Finally, given all of this, on the basic through the sequence of events related provided that Senator LOTT and I could question of competence and effective- divide the 15 minutes, and Senator to the U.S. attorney firings. How often ness, the Attorney General has proven do people comfort someone by review- HUTCHISON could get an additional 4 himself to lack the leadership ability minutes, then I would be agreeable to ing their recollection of events that are needed to right the Department. By subject to congressional investigation? the request. every account, the Attorney General’s The PRESIDING OFFICER. Is there Add to those examples the documented handling of the U.S. attorney firings objection? violations with respect to national se- has been catastrophic. Morale at the Mr. SCHUMER. Madam President, re- curity letters and other admitted Department is at an alltime low. How serving the right to object, I would add abuses in connection with the PA- can we have confidence in an Attorney to the request—Senator REID wishes 10 TRIOT Act. How can such leadership General who can’t get his story minutes at the conclusion of the de- inspire confidence? straight? How can we have confidence bate. So adding the 15 minutes for the Rule of law in the Gonzales regime, in an Attorney General who still can’t minority leader, divided with the mi- sadly, has apparently been an after- tell us why 10 percent of the Nation’s nority whip from Mississippi, and 4 thought rather than a bedrock prin- U.S. attorneys were fired? How can we minutes for the Senator from Texas, 10 ciple. Again, there is no liberal or con- have confidence in an Attorney Gen- minutes for myself, 10 minutes for the servative or Democratic or Republican eral who would allow his top staff to Senator from Rhode Island, and 10 min- position on the Attorney General’s take the fall for his own failings? How utes for the Senator from Nevada, I ask lack of independence and commitment can we have confidence in an Attorney that we have that time and then we to rule of law; it is virtually unani- General who allowed improper and pos- vote. mous. Consider the words of the con- sibly illegal political hiring to take The PRESIDING OFFICER. Is there servative group the American Freedom place? objection? Agenda: Given the crisis of confidence and Mr. MCCONNELL. Madam President, Attorney General Gonzales has proven an credibility, given the abysmal record of reserving the right to object, when will unsuitable steward of the law and should re- trampling the rule of law and longtime the vote commence? sign for the good of the country. standards of nonpolitical hiring, the The PRESIDING OFFICER. It will On the question of whether the De- vote today should be an easy one. Some commence at 5:49. partment has been improperly politi- will claim they are opposing the mo- Is there objection? cized, the record is again clear. tion because they say this vote was Without objection, it is so ordered. Attorney General Gonzales has pre- called for political reasons. This vote is Mr. MCCONNELL. Madam President, sided over perhaps the most politicized not about politics. If this were all there are four ways to become a Sen- Department in history. We have about politics, it would be easy to sit ator: by appointment, by special elec- learned that under Alberto Gonzales, back, let the Attorney General remain, tion, by winning an open seat, or by de- being a ‘‘loyal Bushie’’ was more im- cast aspersions on him for the next 18 feating an incumbent. portant than being a consummate pro- months, and reap the political benefits. My good friend from New York, who fessional. We have learned that U.S. at- But the Department of Justice is too has been speaking, and I came to the torneys who were performing their du- important, and we have an obligation Senate the same way: By defeating an ties admirably were apparently dis- to do everything we can in a bipartisan incumbent. That way is often the hard- missed because of unfounded allega- way to demand new leadership. est, so I am sure the Senator remem- tions by political figures, allegations The PRESIDING OFFICER (Ms. bers his 1998 Senate race against our that were never investigated or never STABENOW). The time of the Senator former colleague, Senator Al D’Amato. proven. We have learned that an un- has expired. It was quite a race. The Senator from precedented voter fraud case was Mr. SCHUMER. Madam President, we New York surely remembers one of his brought in Missouri on the eve of an have had some timing difficulties. We criticisms of Senator D’Amato: That election in clear violation of the De- have only had about 10 minutes to de- Senator D’Amato had, in essence, partment’s own policy. We have bate this resolution. abused his office.

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.000 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 15215 My friend from New York said it was from his investigation for partisan how that happened. I think the impor- improper for Senator D’Amato to use campaign purposes. tant thing is we try to find a way to his official Senate position to inves- He held a press conference before the resurrect it, get it properly considered, tigate the former first lady while Sen- ink was barely dry on the Schumer res- amended, voted on, and concluded, if at ator D’Amato was also chairman of his olution. There, he predicted, amaz- all possible. But that goes to the heart party’s Senate campaign committee, ingly, that we would go to this resolu- of what I want to say today. the NRSC. My friend from New York tion immediately after immigration. Is this what the business of the Sen- said, in referring to Senator D’Amato: And it looks as if the majority leader ate is really all about, a nonbinding, ir- Do you know what he did right after he got filed cloture on immigration to make relevant resolution? Proving what? elected? He became chairman of the national sure we kept the schedule of my good Nothing. If this should go forward, we Senate Republican Campaign Committee, friend from New York. would have hours, days—who knows, a the most blatantly political position you can Last, but not least, he is the author week—debating on whether to express hold. Then . . . he embarked on his partisan of the resolution we will be voting on our confidence or lack thereof in the and political inquisition of the First Family. in a little while. Attorney General—to no effect. According to the New York Times, So I find myself perplexed about the Now, I have been in Congress 35 the thing about Senator D’Amato’s ac- application in these circumstances of years. I have been in the Senate since tivities that my friend from New York the standard the Senator from New 1989. I do not recall anything of this appeared to find particularly galling York set out in 1998. We could call it nature having been proposed before. was that his behavior was motivated the Schumer standard. Maybe we should be considering a vote by reelection concerns. It seems to me that Senator of no confidence in the Senate or in the Given the two hats my friend from D’Amato’s position in 1998 is like the Congress for malfunction, for an inabil- New York currently wears, you can see current position of my friend from New ity to produce anything. Yet this reso- why I obviously found the standard he York in all material respects. lution would bring up this issue and set out in 1998 to be quite intriguing. So given that the Senator from New have us spend time debating it. We all talk to the media—some of us York has said it is a serious conflict of This is not the British Parliament, more than others—and we may make interest for someone to lead his party’s and I hope it never will become the offhand comments we later regret, es- campaign committee while he uses his British Parliament. Are we going to pecially in the heat of a campaign. But official position to lead an investiga- bring the President here and have a the Senator from New York thought tion of the administration of the oppo- questioning period like the Prime Min- his conflict of interest charge was so site party, I cannot understand why it ister has in Great Britain? important that he ran a television ad is not a conflict of interest for my So I am very much concerned about about it. The Buffalo News reported: friend from New York to lead his cur- this. A vote of no confidence of any Among the blizzard of attack ads running rent investigation of the Justice De- Cabinet official would have no effect. this weekend is one in which Schumer partment. The President makes that decision. charged that D’Amato used the Banking And given that the Senator from New Committee . . . to mount a ’vicious’ partisan And I suspect the ability of a Cabinet York wanted Senator D’Amato re- official to perform or not perform is in attack on first lady Hillary Rodham Clinton moved from office under similar cir- three years ago. the eye of the beholder. cumstances, I also cannot understand Now, New York is certainly an expen- But the main point is, that is not our why my good friend should not at least job. We do not have authority to make sive media market. Yet because my recuse himself—recuse himself—from good friend from New York was so con- that determination. So what are we the official investigation of the Justice going to accomplish today? This is all cerned with Senator D’Amato’s Department that he himself has been chairing the NRSC while he was inves- about partisan politics. Nobody is leading. fooled by this. This is about trying to tigating the First Lady, he spent a lot In conclusion, I hope it is not the of money urging New Yorkers to re- get a vote to try to put some people on case that our friend from New York the hot spot. That is what it is really move Senator D’Amato from office. So wrote this resolution and pushed the he must have really thought it was a all about. Senate to spend its valuable time on Now, by the way, you have not seen serious conflict for someone to lead his this particular resolution for partisan party’s campaign committee while also me running around making a big scene political purposes. And if he did not do of expressing my confidence one way or leading an investigation into an admin- that, then I trust we will not see the istration of the opposite party. the other in this Attorney General, or campaign committee he is chairing any other Attorney General, or the How times change, Madam President. using the Senate’s vote on this resolu- Now my good friend is leading his par- Justice Department, for that matter, tion—his own resolution—for campaign regardless of who is the President of ty’s principal campaign committee for purposes. the Senate, the DSCC. At the same the United States. Madam President, I yield the floor. We are supposed to be here to pass time, he is leading an official Senate The PRESIDING OFFICER. The Sen- laws, to get things done. When was the investigation into the Justice Depart- ator from Mississippi. ment. Mr. LOTT. Madam President, par- last time we did something like that? He chairs the Judiciary Sub- liamentary inquiry: How much time do Not this year. Frankly, not over the committee on Administrative Over- I have? last 3 years because of gymnastics like sight and the Courts. The PRESIDING OFFICER. The Sen- this—exercising to no effect. No. What should we be doing for the American The media widely reports that he has ator has 91⁄2 minutes. been tapped by the majority leader to Mr. LOTT. I have 91⁄2 minutes? people? We should be trying to find a lead this investigation. The piece in The PRESIDING OFFICER. That is way to have strong immigration re- the National Journal calls him the correct. form for illegal and legal immigrants. Democratic ‘‘point man’’ on this par- Mr. LOTT. Thank you, Madam Presi- We made a 2-week effort. Some people ticular subject—our good friend from dent. said: Oh, that is long enough. I can re- New York. I had some passing remarks to make member us spending weeks on a bill—I He usually has chaired one of the nu- last week about believing we should think 6 weeks on No Child Left Behind. merous hearings the committee has al- find a way to move forward the immi- I remember one time we spent a month ready held on this subject. To borrow gration reform effort—to improve it, to on a tobacco bill, which we eventually from the National Journal, you could change it, but to try to get it done—be- had to pull down and move on. say he is ubiquitous when it comes to cause it is an issue we should not just To spend in the Senate weeks on a this subject. push aside. very important issue, so Senators can The campaign committee he chairs We ran into some difficulties, and express their views and offer amend- has repeatedly used material derived there is no use in trying to recount ments, and they can be voted on, is

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.000 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15216 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 June 11, 2007 quite normal. But, no, we are not doing Mrs. HUTCHISON. Madam President, Madam President, I yield the floor. immigration reform. We hope to be I rise to speak against this motion as The PRESIDING OFFICER. The Sen- able to get to Defense authorization. well. I agree totally with the Senator ator from New York is recognized. Oh, and by the way, what happened from Mississippi in saying: What are Mr. SCHUMER. Madam President, to the appropriations bills? The major- we doing spending this whole day talk- first, in regard to my good friend from ity leaders do know, I think, that if ing about a resolution which everyone Texas, I think there is a little bit too you do not begin the appropriations knows will have no effect whatsoever, much protestation here. We have spent process in late May or early June, you except probably on the nightly news, less than 2 hours on this issue—just 2 are not going to make it. The majority which I assume was the purpose of in- hours—and now we are being told we leader has, appropriately, said we are troducing it in the first place. don’t have enough time to debate going to pass all the appropriations We have talked about the judgment whether one of the most important bills in regular order. How does he in- of the Attorney General in handling Cabinet officers is up to the job. That tend to do that? We are not going to do the U.S. attorney personnel issues. doesn’t hold water. They are not upset a single one in June, and we will be There is clearly a division. There has we are taking 2 hours away from de- lucky if we do four in July. It is not been a lot of discussion. A number of bate. They have spent much more time going to happen. people have said what they think of the on many more things that are of less We are going to wind up with a train handling of that situation. But stating consequence to this country. wreck at the end of the fiscal year. We your opinion is very different from But let me say this: The minority are going to have all these appropria- having the Senate address this matter. leader and the minority whip have tions bills, once again. I cannot just The President relieved almost all of his made my case better than I ever could. blame Democrats. We have done the Cabinet when he changed into his sec- They failed to utter the words: We have same thing: an omnibus appropriations ond term. Why wouldn’t he be able to faith in Attorney General Gonzales. bill with all kinds of shenanigans being replace U.S. attorneys who also serve They failed to state: We have con- involved in that, trying to lump all at his pleasure in the same way he de- fidence in Attorney General Gonzales. these bills together—put the Defense cided to change leadership in the Cabi- In fact, in the entire speech of both the appropriations bill in there and irrele- net? That is the right of the President. minority leader and the minority whip, vant language and say: Here. Take the The Senate has the right to confirm there was not a single word uttered in whole wad, Mr. President. Cabinet officers and U.S. attorneys, defense of the Attorney General. No Oh, yes, we did it to Clinton, and we and we have exercised that right. What wonder the other side doesn’t want this have done it to President Bush, but it the Senate should not be doing is pass- resolution brought up. They know the is not the way to do business. Can we ing meaningless resolutions that could Attorney General has failed miserably do something about health care? Can only serve a political purpose. in his job. They know the President we get this Energy bill done? Remem- With the issues we have facing this has clung stubbornly to keeping a man ber now, if you start these different country, how could we be spending a who virtually no one in America thinks cloture votes, being able to find a way whole day, and possibly more if cloture is up to the job, who overwhelmingly to get an Energy bill done—not to men- is invoked, on a resolution that will has lost his credibility in his answers tion other things we would like to do have no impact? Why wouldn’t we be and nonanswers and ‘‘don’t knows.’’ after that—they are going to be de- talking about immigration, which we They can’t defend him. So they do layed or derailed completely. So this is discussed last week and the week be- what somebody does when they don’t a very disappointing spectacle here fore that when we were in session? We have much of an argument—they seek today. Now, the sponsor of the resolution— were making headway. Immigration is diversions. We will not be diverted. The the fact is, he is chairman of the Demo- a very important issue for our country. rule of law is too important. The rule The Energy bill which is before us is cratic Senatorial Campaign Com- of law is too sacred. a very legitimate, major issue for our mittee. He is in that position, and then Is it unusual to have a no-confidence he is taking these attack positions. So country. We all want to bring gasoline resolution? Yes. But it is just as un- I do not think anybody has to be drawn prices down. But all of a sudden, thrust usual—more unusual—to have an At- a further picture to understand what is in the middle of the energy debate is a torney General not in charge of his de- going on with this effort. meaningless resolution of no con- partment on a major issue facing his So I urge my colleagues: Look, he fidence in the Attorney General. There department—the firing of U.S. attor- has made his point, made his speech. has been no allegation that he has done neys—to say he didn’t know what was We are going to have a vote in a few something criminal or illegal, just that happening 70 times; to have an Attor- minutes. We ought to summarily punt people disagree with his judgment. ney General contradict himself time this out into the end zone where it be- There were people who disagreed after time after time. For me, it is un- longs. This is beneath the dignity of with the Attorney General serving in usual in whatever airport I go to the Senate. How low will the Senate the previous administration—Janet around this country to have people go? If we get into this for hours or Reno—when the Branch Davidian com- come up to me—it has happened five or days, pity how much it is going to plex in Waco, TX was charged and peo- six times now—and say: I work in the debase this institution even further. ple died. Many felt the Attorney Gen- Justice Department. I am a civil serv- I urge my colleagues to vote against eral jumped the gun and took too dras- ice employee. Keep it up, Senator. Our the motion to invoke cloture on the tic an action, when talking would have Department is demeaned—one of them motion to proceed, and let’s move on to been better. Or the Elian Gonzalez used the word ‘‘disgraced’’—by the fact the business of the Senate and the issue. There was much disagreement that Alberto Gonzales is still Attorney business of the American people. The about the handling of that issue. I General. American people may not have par- didn’t see Republicans running to the So, yes, a no-confidence resolution is ticular confidence one way or the other floor of the Senate seeking a resolution unusual, but this is not simply a policy in this Attorney General, but this is of no confidence in the Attorney Gen- disagreement. Oh, no. This is a major not an election of the Attorney Gen- eral. I think, frankly, the majority is scandal. This is a series of inappro- eral. jumping the gun in doing something priate behaviors by a Cabinet officer. I I urge my colleagues to vote against such as that here. I hope we will put don’t have a single bit of doubt that if cloture on the motion to proceed and this away by not invoking cloture on the shoe were on the other foot, my let’s get on with the business of the the motion to proceed. Frankly, I hope colleagues from the other side of the Senate. we will restore the reputation of this aisle would be complaining more loud- I yield the floor. body by taking up the issues that af- ly, more quickly than we have. The PRESIDING OFFICER. The Sen- fect our country, debating them, and What do you do when there is some- ator from Texas is recognized. having votes. one in an office who we all know

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It is under confidence in the Attorney General; for yielding a couple of minutes. siege from within, and we need to take the Attorney General should be able to There have been a couple of times in some action. stay. It is because his record is indefen- my career when I have walked into a This resolution is not about partisan- sible. room and have been humbled. Obvi- ship. It is not about scoring political So, yes, this no-confidence resolution ously, the day I walked in this place, I points. It is about two very important is unusual, but it rises to the highest was humbled beyond words. But when I things—one, letting the people of calling of the Senate, to seek rule of first walked into a criminal courtroom America know we care about an hon- law over politics, to seek rationality as an assistant prosecutor as a very est, independent, and truthful Depart- and fairness over stubbornness and po- young lawyer, I was also humbled by ment of Justice. That is not meaning- litical games. This is what we are sup- the responsibility that had been placed less. It is also about letting the career posed to do. We have a function of upon me by our system of justice. I re- people within the Department of Jus- oversight. There is no question Attor- member talking to one of the older tice know that we hear them, we care ney General Gonzales has failed on prosecutors in the office about what I about them, we know what has been credibility, on competence, on uphold- should worry about. He said: Just re- done to this Department is shameful; ing the rule of law. member, remember that woman with that this ordeal for them will one day The Nation has been shocked by what the scales of justice, Claire. Remember be over, and we will work hard as peo- he has done. He urged an ill John she has a blindfold on. ple who care about this country and Ashcroft, on John Ashcroft’s sickbed, That blindfold is what this is about about the Department of Justice to to sign a statement that the Justice today. Frankly, it doesn’t matter make that day come soon, so that once Department itself thought was not jus- whether you are a Democrat or a Re- again truth and justice can be the stars tified by the law in terms of wiretaps, publican, whether you were for George that guide the Department of Justice. and he is still Attorney General. John Bush or not for George Bush. What That, too, is not meaningless. Ashcroft, who is hardly a liberal, hard- matters today is how those prosecutors Madam President, the bill of particu- ly a Democrat, threatened to resign be- out there in this country feel right lars against Attorney General Gonzales cause of what then Counsel Gonzales now, and what this incident did to the is long. First is the fact that he does attempted to do, and he is still in of- way they feel about their jobs. Because not respect the institution he leads. fice. there are thousands of professional Time-honored traditions and practices The bottom line is very simple. We prosecutors—some of them have been of the Department, vital to the impar- have a sacred, noble obligation in this appointed, some of them have been tial administration of justice, have country to defend the rule of law. hired, some have been elected—what been gravely damaged or destroyed on There was an article in the New York they all have in common is they under- his watch. Times the other day about how some stand their job is not about politics, it One, U.S. attorneys used to come people are using elections to try to jus- is about the rule of law. from their home districts, where they tify themselves staying in office in When this whole incident unfurled in were accountable to local people, some less developed countries. But the front of the American public, to all of where they knew the judges and the public wasn’t falling for it, because those prosecutors it felt as though they without rule of law, without democ- law enforcement officers. Not under racy, without law being applied with- were being cheapened, that somehow this Attorney General. Now they fly out fear of favor, there is no freedom. Gonzales and the rest of them were them in from Washington where they Our job is to be vigilant in protecting saying they were being judged on their will do President Bush’s bidding. that freedom. politics and not on their profes- Two, U.S. attorneys were always put Some of my friends tossed off charges sionalism. up for advice and consent. Not under of ‘‘political’’—to vote ‘‘no’’ when one, So I come here just for a moment to this Attorney General. He presided in fact, agrees with the sentiment in try to give a voice to those thousands over the statutory circumvention of the resolution is to cast a vote for the of prosecutors out there. I know them. our Senate confirmation process. worst political reasons. A ‘‘no’’ vote I have worked with them shoulder to Three, the list of people at the White ratifies the President’s support for the shoulder for years. They care deeply House and the DOJ who used to be able Attorney General. A ‘‘no’’ vote con- about their work, they care deeply to talk about cases with each other re- dones the conduct of the Attorney Gen- about the rule of law, and they care cently included only four people at the eral. A ‘‘no’’ vote condemns the De- deeply about fundamental justice. White House and only three at the partment to a prolonged vacuum in On their behalf, I rise today for a mo- DOJ. Not under this Attorney General, leadership and a crisis of morale. ment to say this Chamber should vote where 417 White House officials, includ- It is politics simply to cover for the unanimously a vote of no confidence ing Karl Rove, can now have these for- President when you know on this issue against the Attorney General of the merly illicit conversations with the he is wrong. It is politics to put blind United States. Department of Justice. loyalty to a political leader over the I yield the floor. Four, career attorneys were kept free sacred century after century tradition The PRESIDING OFFICER. The Sen- of partisan interference. Not under this of rule of law. It is politics to voice op- ator from Rhode Island is recognized. Attorney General. There are politics in position to the Attorney General and Mr. WHITEHOUSE. Madam Presi- the Honors Program, politics in career then refuse to back one’s conviction dent, I thank the Senator from Mis- official appointments, politics in per- with one’s vote. It is politics to know souri for her remarks. Like her, I have sonnel evaluations, and politics in the that Alberto Gonzales should not, must been appointed and elected as a U.S. appointment of immigration judges. not, remain as Attorney General and attorney and as an attorney general. I Five, U.S. attorneys were almost al- then quietly, meekly cast your vote to ask all of my colleagues who are listen- ways left in place to do their jobs once keep him. ing to take her at her word. Prosecu- they were appointed, knowing that I yield the floor, and I reserve the re- tors across the country are horrified they had a higher calling than their po- mainder of my time. about what has happened. I applaud litical appointment. Not under this At- The PRESIDING OFFICER. The Sen- Senator SCHUMER for what he has done torney General. Simply put, a man who ator from Rhode Island is recognized as to push this forward. doesn’t care about those institutions of

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When he came Rove and others passing on informa- Gonzales has caused. Every day that before the Judiciary Committee for his tion to the Department of Justice passes without his resignation is one confirmation hearing, he gave very about voter fraud to pump up interest more day before the repair has begun. misleading testimony to a question I in cases. DOJ policy is ignored, with no From the perspective of the Bush ad- asked concerning whether the position justification; written policy was ig- ministration, I can see how a wounded, the administration had taken with re- nored to bring indictments on the eve grateful Attorney General on a very spect to torture might also allow it to of a critical election in the State of short leash may be just as they want as authorize warrantless wiretaps. He Missouri; the White House Counsel they try to exit Washington without called my question ‘‘hypothetical.’’ chastising a U.S. attorney over mis- further indictments. But that is not Just less than a year later, we found handling a case. How does the White the Attorney General America needs to out that the administration had in fact House Counsel know whether a DOJ at- maintain the best traditions of the De- taken precisely that position for years. torney mishandled the case? Who is partment of Justice through adminis- His appearance before the Judiciary telling him what is going on in the tration and administration and admin- Committee last year to discuss the legal justification of the wiretapping DOJ? The DOJ even invented the posi- istration, through Republicans and program was one of the weakest and tion of White House Liaison—first time Democrats alike, and to ensure the fair least convincing I have ever seen. And ever—who, by her own admission, administration of justice in our coun- the recent testimony of former Deputy screened applicants based on inappro- try. Attorney General James Comey con- priate and probably illegal political As a former U.S. attorney who has cerning Mr. Gonzales’s bedside visit to factors. profound respect for the Department of former Attorney General John Third, the Attorney General has set Justice and its thousands of career em- Ashcroft raises serious questions about the bar for his office far too low. His ployees, I believe America deserves an his veracity at that hearing. It also stated definition of what is improper Attorney General who will lead by ex- raises questions about his ethics, and, for him and his staff, believe it or not, ample, who will set the very highest once again, his respect for the rule of tracks the legal standard for criminal standard for himself and his staff, who law. obstruction of justice. Is that the kind will do his best to keep politics out of But it is not just his commitment to of Attorney General we want? Is that the justice system and will restore the the rule of law and his willingness to the kind of accountability to himself country’s faith and confidence in one of tell the truth to Congress that troubles we want? The Attorney General should its most important institutions. me about this Attorney General’s ten- do a lot better than that. Please set aside politics and let us ure. At his most recent appearance be- There has been an almost unbeliev- stand up for the Department of Justice. fore the Senate Judiciary Committee able series of half-truths and obfusca- Let us restore a vital institution in to discuss the U.S. Attorney firings, I tions coming out of the Attorney Gen- American life. Please let us vote for questioned him about whether he did eral and his circle. They told us that cloture and proceed to do what our some of the most basic things that you the firings of U.S. attorneys were per- duty calls for us to do. would expect a manager to do if he del- formance related. Not true. They told I yield the floor. egated to his staff a major project like us the Attorney General was not in- Mr. FEINGOLD. Mr. President, I will deciding which of 93 presidential ap- volved and didn’t discuss the plan to vote in favor of cloture on the motion pointees to top law enforcement posi- fire U.S. attorneys. Not true. They told to proceed. After months of troubling tions to fire. He could not recall doing us the White House was not involved. and even shocking disclosures about any of them. We know that the Attor- Not true. They told us these EARS per- the U.S. Attorney firings and the ney General was involved in this proc- formance evaluations were not rel- politicization of the Department of ess and made the final decisions on the evant. Not true. They told us the At- Justice, it is important for the Senate firing plan, but he can’t seem to re- torney General didn’t discuss the sub- to go on record on the question of member much beyond that, even stance of the testimony with other wit- whether the Attorney General should though it was only a few months ago nesses during the investigation. Not continue in his post. This vote may end that this all took place. He has failed true. They told us the Chief of Staff of up being our only vote on this matter, in a very significant way. He should re- the Deputy Attorney General never but since the resolution itself is non- sign. made threatening calls to U.S. attor- binding, this vote, though procedural With the snowballing problems at the neys who were going to publicly dis- in nature, is sufficient to inform the Justice Department, it could hardly be cuss the matter. Again, not true. Nation exactly what the Senate’s posi- more plain that the Attorney General How many times can the Department tion is. Those who vote against cloture has lost the confidence of Congress and of Justice say things that are not true? plainly are comfortable with the Attor- the public. As Mr. Comey said in re- Fifth, the hypocrisy is almost unbe- ney General remaining right where he sponse to my written question: ‘‘This lievable. The Attorney General’s own is. Those of us who vote for cloture are entire affair has harmed the Depart- incompetence and misjudgments fail not. ment and its reputation.’’ The Depart- the very test he claimed he set for the In January 2005, I voted against ment of Justice should always be above fired U.S. attorneys. As one of my col- Alberto Gonzales to be the Attorney reproach. The AG should step down for leagues said to Attorney General General because I was not convinced he the good of the country. Since he will Gonzales at his hearing, ‘‘Why should would put the rule of law, and the in- not, the Senate should express its judg- you not be judged by the same stand- terests of the country, above those of ment, on behalf of the American peo- ards at which you judged these dis- the President and the administration. ple. missed U.S. Attorneys?’’ Unfortunately, those concerns have Mr. SESSIONS. Mr. President, as a Madam President, our Attorney Gen- been realized over and over. It is not former U.S. Attorney for 12 years and eral would fail that standard. How can just the U.S. Attorneys scandal. In re- as an assistant U.S. attorney for over 2 he oversee our Federal Bureau of Inves- cent months, the Department’s Inspec- years, I am well aware that U.S. attor- tigation when the FBI Director had to tor General issued a very troubling re- neys serve at the pleasure of the Presi- warn FBI agents guarding the Attorney port on National Security Letters. The dent and that they are appointed

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.000 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 15219 through a political process that in- of Justice, and which has damaged the ture, I expect to be far more assertive volves home State senators conferring reputation of the Department of Jus- in the confirmation process as I will in- with the President of the United States tice. This was not a small matter but a sist that any Attorney General nomi- before the nomination is made, and very important matter. I think now he nee have significant relevant experi- which involves confirmation by the realizes the importance of this process ence. U.S. Senate. and is sincerely apologetic for allowing In conclusion, I conclude that there As I have observed previously, the it to develop the way it did. He is also is not cause for any censure of Attor- matter involving Attorney General apologetic for the way that he re- ney General Gonzales and I conclude Gonzales concerning the appointment sponded to the inquiries made about that there is no basis whatsoever for and removal of certain U.S. attorneys the proposed U.S. attorney changes. him to be impeached. arose because at some point there was Let me insert, parenthetically, that It has been 120 years since a no-con- interest in a substantial change in the much of the criticism leveled against fidence vote has been had on any Cabi- persons holding the offices of U.S. at- the Attorney General, the President net member. That is something they do torneys throughout the country. Ap- and his aides has been exaggerated and in Europe. It is not something we do in parently, some wanted a large number sometimes quite inaccurate. But, if it the United States. This no-confidence of changes and others did not. To them, comes from a member of Congress or a resolution is not necessary, it is harm- it may have seemed like an easy thing Senator, that means you never have to ful to our system, and should not be a to do. The President would simply just say you are sorry. However, if the At- precedent in the future. Frankly, it is remove them and appoint others. torney General, in responding to at- driven by politics and not by what is Attorney General Alberto Gonzales tacks, makes explanations that are in best for the Department of Justice be- had no previous experience in the De- any way less than fully accurate one cause this process will greatly magnify partment of Justice at any time in his can expect that he will be attacked vo- any errors that he has made and create career and seemed to have very little ciferously as attempting to mislead or a false impression. Attorney General interest in who were serving as U.S. at- worse. Unfortunately, there is a double Gonzales is a good man who sincerely torneys. This was an error on his part. standard and it often results in unfair- wants to meet the highest standards of Attorney General Gonzales simply did ness and this is one of those cases. the Department of Justice. not understand that the removal of a Many of the complaints against Attor- The process in our government is U.S. attorney is always a delicate and ney General Gonzales have been very that the President nominates for the difficult process. First, U.S. attorneys unfair and unfortunate. position of Attorney General, and the have Senatorial support. Their ap- After this spasm developed, I was Senate votes to confirm them or not. pointment was initially cleared by the worried about the Attorney General’s After that confirmation, unless he is U.S. Senator for that State and often capacity to lead the Department of subject to impeachment, it is not good the Congressman from that district. Justice effectively and expressed con- policy for the Senate to rush in and ex- Secondly, they have local support cern as to whether or not he would be press formal opinions about the Cabi- among their friends and constituents able to assemble an able staff to com- net officer and his or her performance. and they often have built up strong plete his term and whether or not it Therefore, I have, after considerable support among local, State, and Fed- would be, in sum, better for the De- thought, concluded this resolution is eral law enforcement agencies. Those partment of Justice that he step aside. bad policy and precedent, and is un- bonds are often strong and the removal I publicly suggested that he and the fairly damaging to the Department of of a U.S. attorney often causes concern President meet together and discuss Justice. It is a political overreach and among those law enforcement agencies this issue with frankness. I quoted the should not be passed. Therefore, I op- and groups. They have also often Attorney General himself as saying pose the resolution. gained support in the local community that the matter was not about the At- Mr. KENNEDY. Mr. President, when with childrens’ advocacy groups, crime torney General, but was really about Alberto Gonzales came before the Sen- prevention groups, and victims’ rights what was best for the Department of ate as the President’s nominee for At- groups. Justice. torney General, many of us were con- Finally, almost every U.S. attorney It now appears that the Attorney cerned that he would not be able to dis- will have one, sometimes more, sen- General and the President have con- tinguish between his past role as White sitive cases that are ongoing at any cluded that the Attorney General com- House Counsel and his new role as At- given time. Anyone familiar with the mitted no offense, committed no crime torney General. During his service as process will know that removing a U.S. for which he should be impeached, and counsel to the President, he had as- attorney who is in the process of han- has not made any error sufficient that sisted the President in promulgating a dling some high profile criminal case he should no longer remain as Attor- series of disastrous policies that ran will often result in quite a bit of polit- ney General. The Attorney General’s roughshod over the rule of law and ical pushback, even if the U.S. attor- lack of experience in certain aspects of damaged the United States in the eyes ney has very little hands-on involve- the Department of Justice were well of the world. He refused to give detain- ment with the case. known before he was confirmed by the ees the protections of the Geneva Con- One of the problems that the Attor- Senate. In my personal view, there is ventions, calling them ‘‘quaint.’’ He fa- ney General had was that he did not no Cabinet member that requires more cilitated the establishment of Guanta- fully understand these dangers in re- personal experience and detailed namo and denied other basic legal pro- moving U.S. attorneys because he had knowledge of the agency they will lead tections to detainees. He approved an never been involved in it as a member than the Attorney General. It is a very, interpretation of the law that was in- of the Department of Justice. He sim- very tough job and the Attorney Gen- consistent with international agree- ply did not comprehend the seriousness eral must be able to personally handle ments. He authorized the use of tor- of the issue with which he was dealing. a large portfolio of issues and at the ture, a step that led to the horrors of If he had, he would have spent a great same time have a comprehensive grasp Abu Ghraib. At every turn, he pro- deal more time on it than he did. He of complex legal issues and legal prece- moted an extreme view of the Presi- would not have delegated it to his as- dents involving the Department of Jus- dent’s authority. Yet, when he came sistants—many of them young and also tice. For example, Attorney General before the committee seeking con- not experienced—in the reality of this Janet Reno was constantly struggling firmation, he assured us: ‘‘With the process either. in the office. Before becoming the At- consent of the Senate, I will no longer As a result, there occurred an un- torney General, she had simply been a represent only the White House; I will seemly series of events that reflected county district attorney and had never represent the United States of America poorly on Attorney General Gonzales been involved in the kinds of issues she and its people. I understand the dif- and other members of the Department faced as Attorney General. In the fu- ferences between the two roles.’’

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.000 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15220 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 June 11, 2007 That assurance has proven hollow. party loyalty ahead of legal merit in the unconstitutional war in Iraq. Their On issue after issue, Mr. Gonzales has hiring career attorneys. His Depart- flawed policies have cost our Nation singlemindedly served the President’s ment of Justice has tried to obliterate dearly. I shudder to contemplate the agenda, without any respect for the the distinction between political ap- billions and even trillions of dollars broader responsibilities of the Attor- pointees and career civil servants. and the decades of effort that it will ney General. He has continued to pro- In his testimony before the Judiciary take to correct their extraordinary er- mote an extreme view of the Presi- Committee, Mr. Gonzales has repeat- rors in judgment. These are the same dent’s power as Commander in Chief to edly made false statements. He told us administration officials, led by Alberto authorize warrantless eavesdropping in the warrantless eavesdropping program Gonzales here at home, who have done violation of the law, secret detentions, could not be conducted within the lim- everything they can to abolish our Na- abuse of detainees, and violations of its of The Foreign Intelligence Surveil- tion’s carefully calibrated separation the Geneva Conventions. He believes lance Act. Then, on the eve of an ap- of powers and to undermine Americans’ that the President can issue signing pearance before the committee, he told civil liberties. Based on ongoing errors statements that nullify duly enacted us that the program now fits within in judgment and mistakes made on his statutes whenever they might limit the FISA. He told us that there had not watch, I remain convinced that my President’s discretion. As Attorney been significant disagreement over vote against Alberto Gonzales was in General, he has used the enormous that program, but we now know that as the best interests of this country. power of his office to promote the many as 30 members of the Justice De- It is, therefore, not surprising that I agenda of the White House. partment were prepared to resign if an am pleased to be an original cosponsor The current U.S. attorney scandal earlier version of the program pro- of S.J. Res. 14. This resolution ex- has revealed the devastating legacy of ceeded unchanged. He stated that he presses the sense of the Senate that At- Mr. Gonzales’s tenure as Attorney Gen- had not seen memoranda or been in- torney General Gonzales no longer eral. We now have a Department of volved in discussions about the U.S. at- holds the confidence of the Senate and Justice that is wide open to partisan torney firings, but it was later revealed of the American people. Frankly, he influence and has abandoned many of that he did both. He told us that only never held my confidence. Not from the basic principles that kept the De- eight U.S. attorneys had been targeted day one, and I will tell you why that is partment independent and assured the for firing, but it turns out the list was so. American people that its decisions longer. He has said scores of times that When President Bush nominated were based on the rule of law. he does not recall key meetings and Alberto Gonzales to be the U.S. Attor- As a result, the Department of Jus- events. With each misstatement and ney General, the President stated that tice is now embroiled in a scandal in- memory lapse, the Attorney General’s Mr. Gonzales, as White House counsel, volving the firing of U.S. attorneys, credibility has faded until there is had a ‘‘sharp intellect,’’ and that it was under a process controlled by inexperi- nothing left. White House counsel’s ‘‘sound judg- enced, partisan staffers in consultation In the years I have served in this ment’’ that had, in the President’s with the White House. U.S. attorneys body, I have had the privilege to work words, ‘‘helped shape our policies in were targeted for firing because they with many Attorneys General. The de- the war on terror.’’ failed to serve the White House agenda. fining quality of the outstanding occu- Sharp intellect and sound judgment? Karl Rove and the President passed pants of that office—both Democrats I have heard of damning with faint along to the Attorney General com- and Republicans—has been an under- praise, but applying those words to plaints that U.S. attorneys failed to standing that the law and the evidence someone who has had a major role in pursue voter fraud. Over the past 5 trump loyalty to a political party or a the reckless and incompetent way in years, the Department of Justice has president. Respect for the rule of law which this administration has waged actually pushed hard to prosecute lies at the heart of our democracy. If its so-called war on terror is hardly a voter fraud, but among the hundreds of our machinery of justice becomes just compliment. millions of votes cast in that period, it another means to preserve and promote But don’t expect Alberto Gonzales to has managed to convict only 86 people the power of the party in office, we take responsibility for what happened nationwide. The pursuit of virtually have corrupted our democracy. If the on his watch. Throughout his time in nonexistent voter fraud at the ballot American people believe that partisan- this administration, whenever Mr. box is part of a Republican effort to ship is driving law enforcement, our Gonzales has been questioned about suppress the legitimate votes of minor- system of justice cannot survive. what he knows about improper con- ity, elderly, and disabled voters. Other We need a strong and credible Attor- duct, his standard and repetitive re- measures taken in this cynical scheme ney General who believes deeply in our sponse, in the words of the fictional include photo ID laws and purges of system of justice as we undertake the Sergeant Schultz is simply: ‘‘I know voter rolls. difficult and essential job of restoring nothing.’’ When questioned about who The conclusion is inescapable that the credibility of the Department of made the decision to fire U.S. attor- the firings of U.S. attorneys were part Justice. I urge my colleagues to sup- neys for what appear to be purely polit- of an effort to put partisans in charge port this resolution of no-confidence as ical reasons, he implausibly states that of U.S. attorney offices in key States. a first step in rebuilding the faith of while he signed off on the decision, he New Mexico, Washington, Arkansas the American people in the Depart- was not really responsible because he and Nevada are all closely contested ment of Justice. was out of the loop. States. Add those States to which the Mr. BYRD. Mr. President, 28 months At a press conference on March 13, Attorney General sent interim ap- ago, on February 3, 2005, I voted Attorney General Gonzales stated that pointees from Washington in the past 2 against the confirmation of Alberto he knew nothing of the scandal sur- years—Florida, Missouri, Iowa and Gonzales to be the Attorney General of rounding the U.S. attorneys, because Minnesota—and the pattern is clear. the United States. Hallelujah, Amen! he was, in his words, ‘‘not involved in Attorney General Gonzales, more than Eight days before that, I was one of 13 seeing any memos, was not involved in any other Attorney General in mem- Senators who voted against the nomi- any discussions about what was going ory, has tried to turn the Department nation of Condoleezza Rice to be the on,’’ and, he said, ‘‘that’s basically of Justice into an arm of a political U.S. Secretary of State. And, if the what I knew as the Attorney General.’’ party. Senate had been permitted to vote on Mr. President, that is not an impres- In addition, under his leadership, the the nomination of Paul Wolfowitz to sive response. Even the Attorney Gen- Department’s hiring procedures have head the World Bank, I would have eral now says his comment was ‘‘too been corrupted by partisan officials voted against that nomination, too. broad’’ and that he ‘‘misspoke.’’ He who rejected longstanding merit-based I am proud of my votes against con- now admits that he did have some in- hiring procedures and placed political firmation of these failed architects of volvement. But he said this only after

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This is a sense-of-the-Sen- an organization of 110,000 people,’’ he termine which interrogation tech- ate resolution. said, ‘‘I am not aware of every bit of in- niques were lawful. Now, Madam President, let me ini- formation that passes through the In other words, he was saying then, tially say that I was doing other things halls of justice, nor am I aware of all just as he is saying today: Don’t hold and was unable to listen to the re- decisions.’’ Now that seems an odd as- me accountable! Don’t blame me if marks of some of my Republican col- sertion, considering that he is, in mistakes were made! And, then, just leagues. I apologize for that. I have had fact—if you will allow me to use the like today, he didn’t point the finger of a briefing as to what they said. They President’s terminology—the top ‘‘de- blame at just one other victim. He have chosen to impugn the motives of cider’’ at the U.S. Department of Jus- spread the blame around. While he ad- the sponsor of this resolution, the sen- tice. mitted he’d made some mistakes as ior Senator from New York, Mr. SCHU- When the Attorney General testified White House counsel, he attempted to MER. I work very closely with this man. before the Senate Judiciary Committee further deflect responsibility for his I have worked in government most all on April 19, 2007, he continued to argue actions by saying that a number of of my adult life. Rarely have I seen anybody—in fact, I have never seen that he was simply out of touch—an as- what he called other ‘‘operational anyone with the intellectual capacity sertion that has been disputed by the agencies’’ also took responsibility for of CHUCK SCHUMER from New York and two employees he had charged with making flawed decisions on prisoner his ability to understand what is going filling the U.S. attorney positions with interrogation techniques. party loyalists, D. Kyle Sampson and At his confirmation hearing, he said: on in the State of New York and in our country. Any suggestions that were Monica Goodling. I have a recollection that we had some dis- On May 15, 2007, speaking before the cussions in my office, but let me be very made to impugn his integrity are un- National Press Club, Mr. Gonzales clear with the Committee. It is not my job to warranted, out of line, and unfair. made yet another effort to shift the decide which types of methods of obtaining Senator SCHUMER is a member of the blame for any wrongdoing. But this information from terrorists would be the Judiciary Committee. He is a lawyer. time he chose a new victim. He said, most effective. That job responsibility falls As a member of that Judiciary Com- ‘‘You have to remember, at the end of to folks within the agencies. It is also not mittee and as a lawyer who cares deep- the day, the recommendations [to fire my job to make the ultimate decision about ly about the rule of law and the reputa- whether or not those methods would, in fact, tion of the Justice Department, he had the U.S. Attorneys] reflected the views meet the requirements of the anti-torture of the deputy attorney general,’’ mean- an obligation to do what he did. There statute. That would be the job for the agen- are others who joined with him. Sen- ing Paul McNulty. But the Associated cies . . . I viewed it as their responsibility to Press reported immediately thereafter make a decision as to whether or not a pro- ator FEINSTEIN was out front on this that documents released from the Jus- cedure or method would, in fact, be lawful. issue with Senator SCHUMER, as were tice Department showed that McNulty Whether on the issue of torture or of others. The chairman of the com- was not closely involved in picking all firing U.S. attorneys, when it comes to mittee, Senator LEAHY, has been with of the U.S. attorneys who were put on Alberto Gonzales taking responsibility them every step of the way. In my opinion, his work in this inves- the list. Instead, it was a job mostly for his actions—as Yogi Berra would tigation has been commendable. driven by the Attorney General’s own, say—it’s deja vu all over again. One Mr. LEAHY. Will the majority leader two hand-picked subordinates, Samp- wishes that Judge Gonzales could tell yield for a comment? son and Goodling. us, just once, what his job is, rather Mr. REID. Yes, I am happy to. I would invite those who believe that than always telling us only what it is Mr. LEAHY. Madam President, I tell Alberto Gonzales did not know what not. the leader and the senior Senator from was happening in his own Department Article II, section 3 of the United New York, I know he has worked hard to join me on a quick trip down mem- States Constitution, as head of the Ex- on this. Nobody has had more road- ory lane. Let me recount a section of ecutive Branch, the President has a blocks thrown in front of him than the the speech that I delivered on the Sen- legal duty to take care that the laws be Senator from New York. He has asked ate floor just prior to voting against faithfully executed. The Constitution legitimate questions. Many times, his his confirmation to be Attorney Gen- does not say that the President or his legitimate questions were not answered eral. I reminded my colleagues at that officers ‘‘should’’ or ‘‘may’’ undertake by the Department of Justice. They re- time that Judge Gonzales had admitted that responsibility: It clearly states fused to answer. We had to actually being physically present at meetings in that the President ‘‘shall take Care subpoena them to get answers that his office to determine which acts that the Laws be faithfully executed.’’ should have been sent to him by return against enemy combatants should be The President and his Chief Law En- courier. He has acted in the best sense outlawed as torture. forcement Officer at the Justice De- of oversight. He has done what one But at his confirmation hearing, he partment must be held accountable not should do in oversight. He should not disavowed having any role in the ad- only when they fail to faithfully exe- be criticized for that. ministration’s initial decision to define cute the law, but also when they or Maybe those who do the criticizing torture extremely narrowly. On Janu- their subordinates attempt to under- should ask why they allowed a ary 6, 2005, he was asked by a member mine, ignore, or gut the law. rubberstamp Senate under their watch of the Judiciary Committee whether he The Attorney General has a credi- to continue for 6 years, with conduct had ever chaired a meeting in which he bility problem, and the American peo- that certainly borders on the criminal discussed with Justice Department at- ple know it. Despite his assertions to and certainly reflects the unethical go- torneys the legitimacy of such interro- the contrary, he continues to con- ings-on at the Department of Justice, gation techniques. He was asked if, in tribute in large measure to the flawed and they didn’t say one word about it. the meetings he attended, there was policies and decision making that have Mr. REID. Madam President, I appre- discussion of strapping detainees to flowed from this administration over ciate very much the Senator from boards and holding them under water the past seven years. For all of these Vermont, the chairman of our com- as if to drown them. He testified that reasons, I urge my colleagues to sup- mittee, for standing up for what is there were such meetings, and while he port S.J. Res. 14. right. That is what he is doing. did remember having had some ‘‘dis- The PRESIDING OFFICER. The ma- The Senate has a responsibility to cussions’’ with Justice Department at- jority leader is recognized. express its displeasure with a Cabinet

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Along with the Department of De- dent of the United States and the At- Mr. REID. Madam President, he said: fense and State, the Department of torney General of the United States, Your job is not to convict people. It is Justice is the most important Cabinet Alberto Gonzales. to do the right thing for the people of agency we have. The Attorney General We are here today to discuss Alberto the State of Nevada, the city of Hen- is responsible for enforcing Federal Gonzales. Over the past 6 months, con- derson, NV. law, protecting civil rights, and, most gressional oversight has revealed the That is a lesson somebody should importantly, ensuring fidelity to the many ways the crass political calcula- have given Alberto Gonzales before he Constitution of the United States. tions in that White House have per- took the job as Attorney General. Dan Madam President, in my young days vaded the personnel and prosecutorial Bogden was fired for doing his job ex- as a lawyer and public official in Ne- decisions of the Bush-Gonzales Justice actly the way it is supposed to be done. vada, during the 1960s, I saw the crit- Department. Remember, for 4 years, When he testified before the Senate ical role the Justice Department can this was a big rubberstamp, this thing Judiciary Committee, Attorney Gen- play in what is going on in a State. In called Congress. eral Gonzales couldn’t even say why those days—the early sixties—a person The careers of many fine men and Bogden was included on the list to be of color, a Black man or woman, could women, lawyers, have been destroyed. fired. Think about that: A man’s career not work in a Strip hotel and could not One of those is a man from Nevada by ruined, and the man who fired him or work in downtown hotels. They weren’t the name of Daniel Bogden, a career had him fired didn’t even know why he there unless they were a porter, a jan- prosecutor. He worked his way up as a was fired. itor—someplace where they could not line prosecutor in Washoe County, His lack of memory was astounding. be seen. Thousands of people, Black Reno, NV, and became an assistant He couldn’t recall basic facts, even and White, protested that discrimina- U.S. attorney. He—I have spoken with meetings with the President. Writing tion, but it didn’t matter until the Jus- him—wanted to spend his life being a in the New York Times, Professor tice Department stepped in. They prosecutor, going after people who vio- Frank Bowman, a former Federal pros- stepped in and forced it. There was a late the law. That is over with. Once ecutor, said, talking about Gonzales: consent decree entered into between you are removed from being a U.S. at- The truth is almost surely that Mr. the State of Nevada—I was there. I was torney, you can no longer work as a Gonzales’s forgetfulness is feigned—a cal- Lieutenant Governor, and I helped ne- deputy U.S. attorney. culated ploy to block legitimate congres- gotiate that along with Governor He, I repeat, was a career prosecutor. sional inquiry into questionable decisions O’Callaghan and the attorney assigned When my Republican friend and col- made by the Department of Justice, White to do that. We worked on that for league, JOHN ENSIGN, recommended House officials, and, quite possibly, the weeks and weeks. But for the Justice him to be U.S. attorney for Nevada, he President himself. Department, that integration of those reached what he thought was the pin- If Albert Gonzales was not truthful large hotels in Nevada would have nacle of his career. Oh, was he mis- with the Congress, he deserves to be taken place much later. That is what taken. He has been humiliated, embar- fired—not Bogden but Gonzales. the Justice Department is all about. rassed, denigrated by this Justice De- On the other hand, if the Attorney Major civil rights battles in Las Vegas partment for no reason. He worked General was not involved in the deci- over integrating the strip would never hard. No one questioned his work ethic. sion to fire Bogden and others, he is have been determined in favor of the My son was a deputy U.S. attorney guilty of gross negligence and deserves people of color but for the Justice De- with Daniel Bogden. They worked to- to be fired. He turned over the awe- partment. gether. A fine lawyer is Daniel Bogden. some power of his office to a handful of You see, the Justice Department is He worked hard as our U.S. attorney to young, inexperienced ideologues and color blind, and that is the way it is protect Nevadans from crimes, drugs allowed them to carry out a political supposed to be. It wasn’t a Democratic and white-collar crimes and earned a campaign from the once-hallowed halls Department of Justice or Republican wide respect from law enforcement of the Justice Department. Department of Justice. It was an agencies throughout the State. But the Attorney General’s misdeeds American, a U.S. Department of Jus- I repeat, he was fired. To this day, no extend well beyond politically driven tice. Its lawyers were fighting for the satisfactory explanation has been pro- personnel decisions. As White House most American ideal—the right of all vided to Dan Bogden and the people of counsel, he presided over the develop- Americans to participate in our democ- Nevada. ment of antiterror tactics that have racy. In light of this evidence, we learned undermined the rule of law and made What a proud history this is. What a that other U.S. attorneys had been Americans less safe. We know now source of pride it is for our country fired at the same time because they from former Deputy Attorney General what the Justice Department in dec- failed to pursue partisan political Jim Comey the Attorney General tried ades past has done. But today under cases. So without any question, there to take advantage of John Ashcroft’s this President, President Bush, and is every reason to believe Dan Bogden serious illness—was sick in a hospital under this Attorney General, Alberto suffered the same fate. He was fired for bed—to obtain Justice Department ap- Gonzales, the Department of Justice administering justice in Nevada in an proval for an illegal surveillance pro- has lost its way. evenhanded, nonpolitical way, as he gram. He took papers there for him to Now the Justice Department is just thought as a prosecutor he was sup- sign. another arm of the Karl Rove political posed to do. Time and time again, Alberto machine, where partisanship earns pa- I can remember as a young lawyer, I Gonzales has proven beyond a doubt his tronage and independence earns con- had a part-time job as a city attorney utter lack of judgment and independ- tempt. in Henderson, NV. It is now the second ence is foremost in his mind. Whether Today’s Justice Department is dys- largest city in the State. It wasn’t it is tortured reasoning allowing tor- functional. I so appreciate the state- then. I prosecuted criminal cases. I ture or his support of domestic surveil- ment made by the former attorney gen- came back to my law firm and I was lance, firing unfairly U.S. attorneys, eral of the State of Rhode Island, Sen- bragging. That is the wrong word. I was hiring immigration judges based on ator WHITEHOUSE. He laid it out. He has saying: Man, that case, I can’t imagine their political affiliation—there is a

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.000 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 15223 long list. But let’s talk about his being Whitehouse, Debbie Stabenow, Byron NOT VOTING—7 one of the masters of torture in our L. Dorgan, Amy Klobuchar, Sherrod Biden Dodd Obama country. Brown, Carl Levin, Chuck Schumer, Brownback Johnson I have a law review article from Co- Barbara Boxer, Jack Reed, H.R. Clin- Coburn McCain ton. lumbia Law Journal, one of the finest The PRESIDING OFFICER. On this law schools in America, the name of The PRESIDING OFFICER. By unan- vote, the yeas are 53, the nays 38, and which is ‘‘Drop by Drop: Forgetting the imous consent, the mandatory quorum one Senator responded ‘‘present.’’ History of Water Torture in U.S. call has been waived. Three-fifths of the Senators duly cho- Courts.’’ This is an article written by The question is, Is it the sense of the sen and sworn not having voted in the Judge Evan Wallach, one of the fore- Senate that debate on the motion to affirmative, the motion is rejected. most experts in the world on the law of proceed to S.J. Res. 14, a joint resolu- f the war. I am only going to read the tion expressing the sense of the Senate CREATING LONG-TERM ENERGY last paragraph of this article. He goes that Attorney General Alberto ALTERNATIVES FOR THE NA- into some detail in the article, talking Gonzales no longer holds the con- TION ACT OF 2007—MOTION TO about how this Attorney General’s of- fidence of the Senate and of the Amer- PROCEED—Continued fice, this White House counsel, this ad- ican people, shall be brought to a ministration has allowed torture to be close? The yeas and nays are manda- CLOTURE MOTION part of what Americans do with detain- tory under the rule. The clerk will call The PRESIDING OFFICER. Under ees and others. the roll. the previous order, pursuant to rule XXII, the Chair lays before the Senate Here is what Judge Wallach said: The legislative clerk called the roll. the pending cloture motion. The clerk If we remember what we said and did when Mr. STEVENS (when his name was our military personnel were victims, if we will report the motion to invoke clo- called). Present. ture. remember our response when they were per- Mr. DURBIN. I announce that the petrators, how can our government possibly The legislative clerk read as follows: opine that the use of water torture is within Senator from Delaware (Mr. BIDEN), CLOTURE MOTION the bounds of law? To do so is beneath con- the Senator from Connecticut (Mr. We, the undersigned Senators, in ac- tempt; it is beyond redemption; and it is a DODD), the Senator from South Dakota cordance with the provisions of rule repudiation of the rule of law that in our ori- (Mr. JOHNSON), and the Senator from XXII of the Standing Rules of the Sen- gins was the core principle of governance Illinois (Mr. OBAMA) are necessarily ab- ate, hereby move to bring to a close de- which distinguished our nation from the sent. bate on the motion to proceed to Cal- crowned dictatorships of the European con- I further announce that, if present tinent. endar No. 9, H.R. 6, Comprehensive En- and voting, the Senator from Delaware ergy legislation. That is the legacy of this administra- (Mr. BIDEN) would vote ‘‘yea.’’ Jeff Bingaman, Dick Durbin, S. tion and this Attorney General, that Mr. LOTT. The following Senators Whitehouse, Blanche L. Lincoln, Jon law review articles are being written to are necessarily absent: The Senator Tester, Robert P. Casey, Jr., Patty talk about how awful this Attorney Murray, Daniel K. Akaka, Jack Reed, from Kansas (Mr. BROWNBACK), the General is and what he has allowed to Mary Landrieu, Max Baucus, Mark Senator from Oklahoma (Mr. COBURN), happen. Pryor, Ron Wyden, Joe Biden, Pat and the Senator from Arizona (Mr. To do so is beneath contempt; it is beyond Leahy, Claire McCaskill, Amy MCCAIN). redemption; and it is a repudiation of the Klobuchar, Ken Salazar. rule of law that in our origins was the core The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. By unan- principle of governance which distinguished SANDERS). Are there any other Sen- imous consent, the mandatory quorum our nation from the crowned dictatorships of ators in the Chamber desiring to vote? call has been waived. the European continent. The yeas and nays resulted—yeas 53, The question is, Is it the sense of the Alberto Gonzales is profoundly un- nays 38, as follows: Senate that debate on the motion to worthy to hold one of the highest and [Rollcall Vote No. 207 Leg.] proceed to H.R. 6, an act to reduce our Nation’s dependency on foreign oil by most important offices of our great YEAS—53 country. I urge my colleagues to sup- investing in clean, renewable, and al- Akaka Feinstein Nelson (NE) ternative energy resources, promoting port this resolution reflecting the facts Baucus Hagel Pryor before us. I urge Attorney General Bayh Harkin Reed new emerging energy technologies, de- Gonzales to resign his office, to give Bingaman Inouye Reid veloping greater efficiency, and cre- the Department of Justice a chance it Boxer Kennedy Rockefeller ating a Strategic Energy Efficiency Brown Kerry Salazar needs to recover from his catastrophic Byrd Klobuchar and Renewables Reserve to invest in al- Sanders ternative energy, and for other pur- tenure. If he does not, I urge President Cantwell Kohl Schumer Cardin Landrieu Bush to finally remove him. Smith poses, shall be brought to a close? Carper Lautenberg Snowe The yeas and nays are mandatory The PRESIDING OFFICER. All time Casey Leahy Specter has expired. Clinton Levin under the rule. Mr. REID. Have the yeas and nays Coleman Lincoln Stabenow The clerk will call the roll. Collins McCaskill Sununu The assistant legislative clerk called been ordered? Tester The PRESIDING OFFICER. The yeas Conrad Menendez the roll. Dorgan Mikulski Webb Mr. DURBIN. I announce that the and nays are mandatory. Durbin Murray Whitehouse Senator from Indiana (Mr. BAYH), the CLOTURE MOTION Feingold Nelson (FL) Wyden Senator from Delaware (Mr. BIDEN), Under the previous order, pursuant to NAYS—38 the Senator from Connecticut (Mr. rule XXII, the Chair lays before the Alexander Dole Lott DODD), the Senator from South Dakota Senate the pending cloture motion, Allard Domenici Lugar (Mr. JOHNSON), and the Senator from which the clerk will report. Bennett Ensign Martinez Illinois (Mr. OBAMA) are necessarily ab- The legislative clerk read as follows: Bond Enzi McConnell Bunning Graham Murkowski sent. CLOTURE MOTION Burr Grassley Roberts Mr. LOTT. The following Senators We, the undersigned Senators, in accord- Chambliss Gregg Sessions are necessarily absent: the Senator ance with the provisions of rule XXII of the Cochran Hatch Shelby Corker Hutchison from Kansas (Mr. BROWNBACK), the Standing Rules of the Senate, hereby move Thune Cornyn Inhofe Senator from Oklahoma (Mr. COBURN), to bring to a close debate on the motion to Vitter Craig Isakson Voinovich and the Senator from Arizona (Mr. proceed to Calendar No. 179, S.J. Res. 14, re- Crapo Kyl C AIN lating to Attorney General Alberto Gonzales. DeMint Lieberman Warner M C ). Harry Reid, Richard J. Durbin, Kent The PRESIDING OFFICER. Are there Conrad, Bernard Sanders, Jeff Binga- ANSWERED ‘‘PRESENT’’—1 any other Senators in the Chamber de- man, Dan Inouye, Jon Tester, S. Stevens siring to vote?

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.000 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15224 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 June 11, 2007 The yeas and nays resulted—yeas 91, His were words, actions, and service There being no objection, the mate- nays 0, as follows: that have improved the lives and fu- rial was ordered to be printed in the [Rollcall Vote No. 208 Leg.] tures of Americans. His words and ac- RECORD, as follows: YEAS—91 tions will leave a legacy long after our SERVICE IN HONOR OF CRAIG THOMAS, JUNE 9, Akaka Ensign Mikulski sadness passes. 2007 Alexander Enzi Murkowski Senator Thomas represented Wyo- Reverend [Moore], Susan, Lexie, Patrick, Allard Feingold Murray ming effectively and with dignity. I Greg, Peter; distinguished guests, colleagues Baucus Feinstein Nelson (FL) and friends of Craig Lyle Thomas. Bennett Graham was proud to work with him. Nelson (NE) We both loved the open beautiful There are people that we can’t ever imag- Bingaman Grassley Pryor ine dying because they’re so alive, and there Bond Gregg Reed spaces of our home States, and we are people we can’t imagine dying because Boxer Hagel Reid worked to keep them clean, safe, and Brown Harkin they seem so healthy and so strong. Craig Roberts Bunning Hatch sustainable. We collaborated to im- Thomas’s death is doubly hard because he Rockefeller Burr Hutchison prove the Endangered Species Act and was both of these people. But death has done Salazar Byrd Inhofe its work, and so we come back to the place Sanders the Safe Drinking Water Act. Cantwell Inouye We also worked to safeguard our con- that he was always so eager to return to, to Cardin Isakson Schumer Sessions stituents’ livelihoods—establishing the accompany him on one last trip back. Carper Kennedy It was here that he first heard his calling Casey Kerry Shelby wool trust fund, keeping open global to serve in public life, and here that he first Chambliss Klobuchar Smith beef markets, and making sure that Clinton Kohl Snowe tasted the bitterness of loss. But Susan al- Cochran Kyl Specter our trading partners played by the ways told him, ‘‘If you sign up to be a cow- Coleman Landrieu Stabenow rules. boy, you can’t complain when you draw a Collins Lautenberg Stevens We worked together to safeguard our raw, bucking bronco.’’ He couldn’t have Conrad Leahy Sununu natural resources, improve rural en- imagined in those early years that one day Corker Levin Tester ergy infrastructure, and plan for a sus- he’d be known to America as the Senior Sen- Cornyn Lieberman Thune Craig Lincoln tainable energy future with clean coal ator from Wyoming. But he was never one to Vitter dwell on his achievements. So it falls to us, Crapo Lott Voinovich technologies. DeMint his friends, to speak well of this good man. Lugar Warner Dole Martinez These and many other accomplish- One of the great things about this country Webb Domenici McCaskill ments will be Senator Thomas’s leg- is that so many of its leaders come from Whitehouse Dorgan McConnell Wyden acy. It is a legacy for which he deserves such surprising places: a candle shop in Bos- Durbin Menendez recognition, remembrance, and honor. ton, a cabin in Kentucky—and a one room- NOT VOTING—8 It is a legacy for which our Nation is school house in Wapiti, Wyoming. Senator Bayh Coburn McCain grateful. Enzi tells me that The Wapiti School is still Biden Dodd Obama But many will remember Senator standing, but that it’s surrounded now by 10- foot fences and a ring of barbed wire—not to Brownback Johnson Thomas more for who he was than for The PRESIDING OFFICER. On this keep the kids in, but to keep the grizzlies what he did. They will remember some- out. That fence wasn’t there when Craig was vote, the yeas are 91, the nays are zero. one with a quick wit, an easy smile, in school. They were tougher then. Three-fifths of the Senators duly cho- and a generous helping hand. Craig Thomas was always the tough guy— sen and sworn having voted in the af- I will remember Senator Thomas as I not tough to deal with, not tough on others, firmative, the motion is agreed to. met him when he first joined the Sen- just tough. When his family moved to Cody, Ms. KLOBUCHAR. Mr. President, I ate in 1989. Back then, I recognized in he signed up for two sports: wrestling and suggest the absence of a quorum. him something very familiar. Senator football. One of his teammates on the foot- The PRESIDING OFFICER. The ball team, Al Simpson, was also his neigh- Thomas was a man of the American bor. It may be the only time in American clerk will call the roll. West. He embodied the values and the The assistant legislative clerk pro- history that two U.S. senators grew up a character of the people whom he rep- block and half from each other. ceeded to call the roll. resented. There was a time when it was normal for Mr. KENNEDY. Mr. President, I ask You always knew where Senator tough guys to be studious too. And if you unanimous consent that the order for Thomas stood. Like many in the West, went back to Cody in the 1940s, you’d find the quorum call be rescinded. Senator Thomas was quiet, unassum- the son of Craig and Marjorie Thomas as at- The PRESIDING OFFICER. Without tentive to his football plays as he was to ing, and unpretentious—but he was objection, it is so ordered. Mrs. Thompson’s English lessons. He’d re- never intimidated. member and benefit from both many years f He was gentle and decent. When he later during hundreds of legislative battles MORNING BUSINESS gave you his word, he kept it. And as or on countless nights by the campfire along Mr. KENNEDY. Mr. President, I ask we all saw in these final months of his the North Laramie River, reciting the ‘‘Cre- life, when he had to, he could fight like mation of Sam McGee.’’ unanimous consent that there now be a As a young man, Craig would have heard period of morning business with Sen- hell. That is the man I will miss and it is about the days when an unwritten code of ators permitted to speak therein for up honesty, bravery, and chivalry governed to 10 minutes each. the man I wish to recognize today—an daily life in Cody. And he was inspired by The PRESIDING OFFICER. Without honorable Senator and a great man of stories of another code of bravery that guid- objection, it is so ordered. the American West. ed young Americans of his own day in exotic Mr. DOMENICI. Mr. President, this places like Guadalcanal, Bougainville, f last Saturday, I traveled with my wife Tarawa, and Guam. World War II cost the REMEMBERING SENATOR CRAIG Nancy and many of our colleagues in Marines nearly 87,000 dead and wounded. But THOMAS the Senate to Casper, WY, for the fu- as a young man fresh out of college with his neral service of my friend Senator whole life ahead of him, Craig Thomas want- Mr. BAUCUS. Mr. President, I honor ed in. Fifty years later, he still proudly wore a colleague, a friend, and a great Sen- Craig Thomas. the anchor and the globe on his lapel. ator, Senator Craig Thomas. During the service I was particularly He was happiest when he was here, but 18 No words that I can speak will ease impressed by the words of Minority years ago history called him to Washington the sadness of this loss. Nothing my Leader MCCONNELL and I would like to and he responded dutifully. It was anything colleagues and I say can fill the empti- thank him for so eloquently eulogizing but inevitable. His opponent in the campaign ness that his passing has left or lessen Senator Thomas. So appropriately did to replace an outgoing congressman who’s the pain that so many feel. his words honor Senator Thomas that I done pretty well himself over the last 18 I feel compelled to speak of Senator hope all our colleges in the Senate will years had about 99 percent name recognition and had just lost an election for U.S. Senate Thomas not for the effect of my words. take the time to read them. by about 1,200 votes. The lowest point in the Instead, I speak to recognize the effect I ask unanimous consent that this race was the early polling, which suggested of his words, his actions, and his serv- transcript of Senator MCCONNELL’s that Craig didn’t have a chance. But over the ice. comments be printed in the RECORD. next 40 days, the Marine and his staff pulled

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.000 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 15225 it off. Craig set the tone, he led the way, and ing off a horse. She knew the Scripture that everything to fight for the values he let others take the credit. That was his ‘‘pride cometh before a fail’’ But Craig knew Americans hold close to our hearts, in way. it too, and he wouldn’t disappoint. He was a a land halfway around the world. Four days after the election, Craig and simple, humble son of Wyoming and he re- Ryan has served in the Air Force Susan packed their bags, headed east, and mained one to the end. two days after that Craig was sworn in as a He was always eager to get home. So eager, since enlisting shortly after graduating member of the U.S Congress. It wasn’t the in fact, that one time when his Mustang Mishawaka High School in 1993. He was easiest transition. As soon as Craig got to broke down on the way to the airport, he left extremely proud of his military service Washington, he froze with a sudden realiza- it on the side of the highway and hitchhiked and was nearing the end of his 6-month tion—he didn’t have any suits. So he did the rest of the way. They let him on the tour in Iraq when he was killed by the what anybody from Wyoming would do. He plane to Cheyenne without a ticket or any- improvised explosive device. In addi- called Al Simpson, who told him where to thing. He called his staff from the airport to tion to his military service, Ryan, the find one. see if someone could get the car. When they youngest of nine children, was the de- A few months later, he had a similar pre- found it, the keys were still in the ignition. dicament. He and Susan got an invite to the They sent his clothes on the next plane. voted husband of Danielle Balmer and White House and Craig didn’t have a tuxedo. We’ll never forget his toughness, his good- the father of two sons and one daugh- So he told one of his staffers to go to a dry ness, his humor, his steady reassuring hand. ter. cleaning store up the street and rent one— Nor his kindness, which he always showed Ryan was killed while serving his but not to worry about the shirt. When the toward everyone—from presidents to door- country in Operation Iraqi Freedom. staffer came back, she found Craig in his of- men. He was straightforward and honest. In He was assigned to Detachment 113, 1st fice with a buck knife. He was cutting holes a phrase that Craig might have recalled from Field Investigations Region, stationed into his cuffs for where the cufflinks would Mrs. Thompson’s Shakespeare lessons, he at Hill Air Force Base, UT. A good high go. Craig just laughed that big laugh of his, was not a man ‘‘to double business bound.’’ school friend of Ryan’s, Dave that full body laugh, and then went to the His only business was his duty—to God, White House with a tuxedo shirt of his own country, family, and friends. And he fulfilled Falkenau, told local media that, making. them beautifully. ‘‘[Ryan] would go out of his way for The Gentleman from Wyoming took an of- He was strong, humble, and full of faith. anyone; I wouldn’t be surprised if he fice on the top floor of the Longworth Office And here is why. As a boy Craig Thomas died trying to save someone else from Building, but he didn’t get too comfortable. looked out at the majesty of the canyons and dying.’’ Some members of the Senate boast about the falls of Yellowstone and knew there is a Today, I join Ryan’s family and visiting every county in their state over the God. As a teenager he saw the hard work and friends in mourning his death. While course of a year. Craig visited all 23 counties dedication of his parents and learned that we struggle to bear our sorrow over in Wyoming—the ninth largest state in giving is more admirable than taking. And America in just two weeks during that first as a man he could hear the rumble of the this loss, we can also take pride in the August recess. He enjoyed every minute of herd even from his desk in Washington, and example he set, bravely fighting to it: driving west from Casper, looking out at know that the movements of men were noth- make the world a safer place. It is his the Wind River Range, and thinking about ing compared to the power of the wild. courage and strength of character that what an honor it was to serve this big, beau- I am not a cowboy. But I’ve come to know people will remember when they think tiful place he loved. and admire a few of them in my 22 years in of Ryan, a memory that will burn This was his home, and he loved it. He the Senate. And I’ve come to know a little brightly during these continuing days loved the land, he loved the people. But any- bit about their pastimes. I’ve heard that of conflict and grief. one who knew him knew what his greatest holding down a steer takes two kinds of rop- Ryan was known for his dedication to love was. ers—a header and a heeler, and that there’s Craig met Susan in 1978. She was working an old saying that the header may be the his family and his love of country. on a statewide campaign, he was working for quarterback, but that the heeler makes the Today and always, Ryan will be re- the state Republican Party, and she invited money. The idea is that there may be more membered by family members, friends, him over to talk about the race. When she glory in roping the head, but that the heeler and fellow Hoosiers as a true American looked out the window and saw a man riding has the harder, more important, and less hero, and we honor the sacrifice he toward her office on his bicycle, she turned glamorous job. No one who knew Craig made while dutifully serving his coun- to the woman next to her and said, ‘‘Now Thomas is surprised to know that he pre- try. who would that be?’’ She soon found out, and ferred to be a heeler. As I search for words to do justice in thanks to her loving support, so did the rest The most impressive thing in Washington of the country. Everything they did, they did is also the rarest: and that’s a man whose po- honoring Ryan’s sacrifice, I am re- together. She was with him for every race he sition and power has no effect on the person minded of President Lincoln’s remarks won. Craig always said Susan was the one he was when he got there. I’ve never met a as he addressed the families of the fall- who liked campaigning. man who was changed less by what the world en soldiers in Gettysburg: ‘‘We cannot They were like children, but they were calls riches or power than Craig Lyle Thom- dedicate, we cannot consecrate, we deadly serious about their work. Craig as. cannot hallow this ground. The brave viewed politics as a high calling, and he Now this great American life has come to men, living and dead, who struggled viewed Susan’s work the same way. He ad- an end. Yet we know it continues: This hus- here, have consecrated it, far above our mired her deeply. He never failed to mention band, father, lawmaker, mentor, and friend her. I remember my wife Elaine telling me goes to the Father’s house. We take comfort poor power to add or detract. The after giving the commencement speech one entrusting him to the Lord of Mercy, who world will little note nor long remem- year at Susan’s high school, how devoted to tells us that in the life to come, every ques- ber what we say here, but it can never her the students there were. tion will be answered, every tear wiped forget what they did here.’’ This state- We honor Susan today for her devotion to away. And we are confident in the hope that ment is just as true today as it was Craig. We’ll miss seeing her outside the Sen- he will ride again, healthy and strong, along nearly 150 years ago, as I am certain ate chamber waiting for him to finish up his a wider, more majestic plain in a land that’s that the impact of Ryan’s actions will votes. The Senate’s a lonelier, less joyful everlasting. live on far longer than any record of place without Craig. It’s already a lonelier, f less joyful place without her too. these words. It is my sad duty to enter the name The people of Wyoming sent Craig to the HONORING OUR ARMED FORCES Senate in 1994, and those of us who’ve served of Ryan A. Balmer in the official with him there are grateful they did. It was TECHNICAL SERGEANT RYAN A. BALMER record of the Senate for his service to the first time since 1906 that every statewide Mr. BAYH. Mr. President, I rise this country and for his profound com- office in Wyoming was held by a Republican, today with a heavy heart and deep mitment to freedom, democracy, and and the credit, of course, goes to Craig. He sense of gratitude to honor the life of a peace. When I think about this just led the ticket, and he worked tirelessly to brave airman from Mishawaka. Ryan cause in which we are engaged and the bring everyone else along with him. Balmer, 33 years old, was killed on unfortunate pain that comes with the But again, he didn’t take the credit. And the victory and the higher office did nothing June 5 while deployed near Kirkuk, loss of our heroes, I hope that families to change the man. If there was any chance Iraq, when an improvised explosive de- like Ryan’s can find comfort in the of that, Susan made sure to nip it in the bud. vice struck his vehicle. With an opti- words of the prophet Isaiah who said, She made him hang a photo of himself fall- mistic future before him, Ryan risked ‘‘He will swallow up death in victory;

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.000 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15226 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 June 11, 2007 and the Lord God will wipe away tears mented immigrants will even apply for away prevents employers from exploit- from off all faces.’’ legalization without this protection. ing them. That, in turn, takes away May God grant strength and peace to They will stay in the shadows, and we the incentive to hire foreign workers those who mourn, and may God be with will be exactly where we are now. If over U.S. citizens and ensures that all of you, as I know He is with Ryan. this bill ultimately moves forward, it working conditions for all workers f is vitally important that these con- don’t sink to a lowest common denomi- fidentiality provisions be included in nator. It is a critical protection that is IMMIGRATION REFORM the House bill and retained in con- lacking from this bill. Mr. FEINGOLD. Mr. President, over ference; otherwise, the bill will defeat Because I believe the temporary the last few weeks, the Senate has con- its own main purpose. worker program as currently drafted sidered an issue that inspires strong I also hope to see progress on other will foster illegal immigration and will feelings all around—the need for immi- provisions that threaten to undermine not sufficiently protect U.S. and for- gration reform. While the bill we were the very purpose of the earned legaliza- eign workers, I voted for Senator considering has many flaws, I am dis- tion program. I am particularly con- BINGAMAN’s amendment to limit the appointed that some Members of this cerned about requiring undocumented scope of the program and Senator DOR- body decided to talk it to death. I immigrants to leave the United States GAN’s amendment to sunset the pro- voted to move this bill forward because in order to apply for permanent resi- gram in 5 years. Unless and until the Congress should act on this issue, and dence. Although the bill guarantees structural problems with the program because I am hopeful that the bill’s their reentry, this ‘‘touch-back’’ re- are fixed—and I hope they will be—we flaws can be cured during the next quirement creates a major practical should not be putting in place a perma- stages of the legislative process. obstacle for many immigrants, espe- nent program of the magnitude con- Despite our differences in approach, cially those who come from far-flung templated by the original bill. Another serious flaw in the bill is its all of us in this Chamber agree on three regions of the globe. Moreover, many inclusion of multiple ‘‘triggers’’—en- core principles that form the bedrock undocumented immigrants—who may forcement requirements that must be of any comprehensive immigration re- be receiving their information about form. First, we must do something fulfilled before other critical reforms the legislation from unreliable sources, could begin. While these provisions are about the estimated 12 million undocu- or who may face language barriers in designed to further the second core mented immigrants who live and work understanding its provisions—will be goal of immigration reform—pre- in the shadows. The status quo is sim- unwilling to leave the U.S. for fear venting a future flow of illegal immi- ply unacceptable. It harms citizens and that they will not be allowed to return. gration—they will have exactly the op- noncitizens alike and makes us less Again, a bill that creates a legalization posite effect. History tells us that an safe as a nation. Second, we must take program but discourages immigrants ‘‘enforcement-only’’ approach simply the necessary steps to prevent illegal from applying for legalization gets us doesn’t work: the probability of catch- immigration in the future so that we nowhere. ing an illegal immigrant has fallen do not find ourselves back here in the Another vital component of com- over the past two decades from 33 per- same position 20 years from now. And, prehensive immigration reform is a cent to 5 percent, despite the fact that third, we must establish a system that system that allows employers to turn we have tripled the number of border allows people who can make valuable to foreign labor as a last resort when agents and increased the enforcement contributions to our society—by, for they genuinely cannot find American budget tenfold. True border security example, strengthening families or per- workers to do the job. Permitting these requires both increased enforcement forming jobs that cannot be filled by workers to enter the country legally measures and the creation of adequate Americans—to enter the country le- furthers the second core principle of legal channels for immigration, includ- gally. These goals must be accom- comprehensive reform: avoiding a fu- ing programs to bring needed foreign plished in a way that is consistent with ture flow of undocumented workers workers into the U.S. and to allow un- our values as a nation. The funda- who would otherwise create a new un- documented immigrants who pass mental problem with this bill, as it derground economy. Unlike the bill we background checks to earn legal sta- now stands, is that it fails to accom- passed last year, however, the bill the tus. These measures allow us to sepa- plish these objectives; in fact, it con- Senate considered this year has no rate those who are here to work and tains several provisions that go di- meaningful path to permanent resi- contribute to our communities from rectly against these objectives. dence for immigrants in the temporary terrorists and others who pose a seri- With respect to the 12 million un- worker program. It requires workers in ous threat to this Nation, so that our documented immigrants, the bill held that program to interrupt their em- immigration enforcement agents can genuine promise when it came to the ployment every 2 years and leave the focus their efforts in the right place. floor. As both the President and the U.S. for a period of 1 year, and it pro- Postponing these measures—as this bill Secretary of Homeland Security have hibits most of these workers from does—makes us less safe, not more. said, mass deportation is not a viable bringing their families to the U.S. The bill’s solution to the third chal- option, nor is amnesty for those who Taken together, these provisions are a lenge of immigration reform—shaping have broken the law. As introduced on recipe for a massive new flow of illegal the contours of legal immigration—is a the Senate floor, this legislation would immigration—once again defeating the radical shift away from family reunifi- have required those who are here ille- very purpose the program was meant cation. That solution is not consistent gally to come forward, pay hefty fines, to serve. with the core values of this Nation. In pay taxes, learn English and civics, I am also concerned that the tem- the past, our immigration laws have work, and wait in the back of the line— porary worker program contains insuf- acknowledged that our country and our before earning the privilege of perma- ficient protections for U.S. and foreign communities are stronger when fami- nent resident status. That would have workers. I was pleased at the success of lies are united. But under this bill, it been a workable solution. the Durbin-Grassley amendment, will be much harder for U.S. citizens Unfortunately, this linchpin of the which strengthened the bill’s require- and legal immigrants to be reunited bill was undercut by the Senate’s adop- ment that employers recruit and hire with parents, siblings, and adult chil- tion of an amendment offered by Sen- U.S. workers before hiring temporary dren. Some of my colleagues argued ator CORNYN. The amendment removed foreign workers. But that protection is that this shift in policy is a necessary critical confidentiality provisions that simply not sufficient. The single best step toward embracing a ‘‘merit-based’’ would have protected applicants for le- mechanism for enforcement of labor system of immigration. But I believe galization from being deported if their protections is a path to permanent res- there is a great deal of merit in keep- applications were denied. The problem idence. Knowing that foreign workers ing families together. And I don’t be- with this approach is that few undocu- cannot simply be used up and thrown lieve that bringing people with useful

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.000 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 15227 skills to this country can only be ac- lence, child abuse, or felony drunk migration in the future, and strength- complished at the expense of family driving, cannot come to this country. I ens our society by welcoming immi- unity. joined the majority of the Senate in grants who can make valuable con- We had the opportunity to do some- voting for this more sensible and effec- tributions. thing about the bill’s antifamily provi- tive approach and against Senator sions. Along with Senators MENENDEZ CORNYN’s amendment. f and OBAMA, I cosponsored two amend- Despite my concerns about the bill, ments: one that would sunset the so- it contains several provisions that are VERMONT HOUSING AND called ‘‘merit-based’’ system in 5 years, important and worthy. For example, CONSERVATION BOARD and one that would reallocate points this bill contains the DREAM Act, within the merit-based system to place which provides higher education oppor- Mr. LEAHY. Mr. President, it is my more value on family ties. The first tunities for children who are long-term pleasure today to bring to the atten- amendment failed, while the Senate U.S. residents and came to this coun- tion of the Senate the important work has not yet had the opportunity to vote try illegally through no fault of their the members and staff of the Vermont on the second. Other amendments own. It also contains AgJOBS, a bill Housing and Conservation Board have would have improved this aspect of the long in the making that will provide accomplished during their first 20 years bill, but they fell victim to points of much needed assistance to agricultural of service to protect Vermont’s work- order, and we were prevented from vot- workers. And it contains the Secure ing landscape and to help ensure that ing on them. So we are left with a sys- and Safe Detention and Asylum Act, to Vermonters have safe and affordable tem that values 3 years of U.S. employ- ensure that asylum seekers and other places to call home. ment more than the relationship be- vulnerable populations have a mean- Since 1987, VHCB, its board members tween a brother and sister. ingful opportunity to exercise their and staff have invested in 427 farms, re- Beyond these much debated aspects rights under law, and to provide for hu- sulting in the conservation of 118,500 of the bill, I am also deeply concerned mane detention conditions in accord- acres of farmland; protected 250,000 by a little-discussed provision that ance with the recommendations of the acres of recreational and natural areas; would allow the Department of Home- U.S. Commission on International Reli- and constructed or rehabilitated 8500 land Security to detain several dif- gious Freedom. units of affordable housing. This has ferent categories of immigrants indefi- I am pleased the Senate approved the been a conscious investment of $200 nitely. These immigrants may effec- addition to the bill of the Wartime million in our Green Mountains, tively be given a lifetime jail sentence, Treatment Study Act, legislation Sen- leveraging an additional $750 million even though they have committed no ator GRASSLEY and I have been trying from public and private sources. Few crime for which such a sentence could to enact for years to examine the organizations can boast the stimulus of be imposed by judge or jury. There is treatment of German Americans, $1 billion in two short decades. already a provision in our existing im- Italian Americans, and other European For centuries, Vermonters have made migrations laws under which the Gov- Americans during World War II, as well their livings working the land. As land ernment may indefinitely detain any as Jewish refugees fleeing Nazi Ger- use patterns drastically change across immigrant who is suspected of ter- many. While there has been study of the country, including in the valleys of rorism or whose release would threaten the internment and relocation of Japa- Vermont, VHCB has helped many farm- national security. The bill goes far be- nese Americans during World War II, ers and communities conserve the rural yond that, even allowing the Govern- few people know about our Govern- working landscape that has come to de- ment to detain—forever—immigrants ment’s failure to protect the basic fine Vermont and the way of life in our who have never been suspected, let rights of German and Italian Ameri- State’s communities. VHCB has be- alone convicted, of any crime. That cans. We also must understand why, as come a national leader in farmland does nothing to make us safer, and it the United States heroically battled protection practices—educating family goes against everything this country fascism, our Government turned away farmers how they can make money pro- stands for. thousands of Jewish refugees fleeing tecting working farmland and rural A similar challenge to our core val- Nazi Germany, delivering many of landscape for generations to come. The ues was presented by an amendment of- them to their deaths at the hands of protections VHCB has been able to fered by Senator CORNYN. The amend- the Nazi regime. I first introduced this offer Vermont’s farmers have resulted ment would have allowed the Govern- legislation in 2001 after hearing from a in hundreds of farms remaining active ment to deny citizenship to legal im- group of German Americans in Wis- and contributing members of their migrants based on secret evidence and consin who were concerned that this communities, allowing them to remain without any opportunity for review. It sad chapter in our Nation’s history had Vermont’s ultimate environmental would have required the mandatory de- gone unnoticed for too long. It is only stewards. VHCB’s expertise also al- portation of several new categories of appropriate for a country that prides lowed me to work with them to imple- immigrants without any individualized itself on equality and justice to ac- ment a farm preservation pilot pro- determination of whether such depor- knowledge and learn from its mistakes. gram in Vermont that has since be- tation was appropriate. And it would It is long past time to enact the War- come known as the Farm and Ranch have doomed the earned legalization time Treatment Study Act, and I will Land Protection Program, a national program with provisions that would continue to push for it to become law. farmland protection program. Today, make most applicants ineligible. In I hope the Senate will still have the this program has protected nearly a short, the amendment put forward a chance to address the need for com- half million acres of farmland in 42 scattershot approach that would have prehensive immigration reform. Con- States nationwide. penalized immigrants who pose no gress needs to act on this issue, which For centuries, the very same farmers threat to us and stripped them of cru- is why I voted to move forward with who have lived off the land have be- cial due process rights. Fortunately, this bill despite the serious flaws I come well known for their love of fish- Senator KENNEDY offered us an alter- have discussed. I will work with my ing, hunting, hiking and snowmobiling native that responsibly and effectively colleagues to try to make sure this across Vermont’s forests and open targets the small proportion of immi- happens and to make sure that we end spaces. With encroaching urban sprawl grants who threaten the safety of our up with a bill that represents true im- and changing demographics, these communities. His amendment will en- migration reform—one that encourages lands, too, have been dwindling. VHCB sure that immigrants who have com- the 12 million undocumented immi- has made it a priority to preserve these mitted serious crimes not fully covered grants in this country to come forward natural lands and access to these lands, by existing immigration laws, includ- out of the shadows, takes a comprehen- conserving a quarter of a million acres ing firearms offenses, domestic vio- sive approach to preventing illegal im- of these green spaces.

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.000 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15228 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 June 11, 2007 As a dual mission organization, from a ballistic missile submarine, little belongings they could fit into the VHCB has also led the country in de- SSBN, into a guided missile submarine, legendary prairie schooners, began to veloping and administering steady pri- SSGN. This conversion has enhanced gaze at the horizon and seek fame and vate, State and Federal funding and transformed the capabilities of the fortune on the Western frontier. As the sources for the preservation, develop- USS Michigan, making it a more valu- trails became longer, and the distance ment and rehabilitation of quality af- able asset and serving as an example of grew greater, the limits of one nation fordable housing in all corners of the Navy’s ongoing transformation to were pressed. Yet the powers of Amer- Vermont. These homes, like the great face current and future threats around ican ingenuity and our Nation’s leg- pieces of granite my grandfather once the world. endary can-do spirit kicked in. Samuel cut out of the mountainsides of The USS Michigan has had a proud Morse learned how to communicate Vermont, are the foundations for the tradition of service, and SSGN–727 will through code, and Alexander Graham future of Vermont. Additionally, many be the third naval vessel to bear the Bell discovered how to talk through of these homes are designated perpet- name of our great State. The first ship wires. ually affordable, ensuring that genera- to carry this name was launched by the While these men showed great ge- tions of Vermonters will have places to Navy in 1843 as its first iron-hulled nius, without the sweat of working call home. Recently the U.S. Depart- warship. She operated throughout the men and women these inventions would ment of Housing and Urban Develop- Great Lakes for her entire period of be nothing more than a footnote in his- ment named Vermont’s federally fund- service, gaining notoriety when she tory. But as miners extracted moun- ed HOME program, administered by helped to successfully end the Fenian tains of copper from the Earth’s belly, VHCB, as the most effective program invasion of Canada by intercepting sup- telegraph and telephone wires began to among 51 participating jurisdictions in plies between Buffalo and Fort Erie, crisscross our country. Suddenly, a let- the country for the fourth quarter in a Ontario along the Niagara River. ter that used to take days would now row. U.S. Naval vessels bearing the Michi- take minutes. Citizens on the eastern Like so many Vermonters, I live in a gan name have courageously seen ac- seaboard would know what was hap- rather old house in the Green Moun- tion against Mexico, served as convoy pening on the plains, and at last we tains. At least half of Vermont’s hous- escorts during WWI, and most recently truly were one Nation. ing stock is estimated to be more than completed more than 33 strategic de- And at the heart of this was Butte, 50 years old, and many are more than a terrent patrols throughout the world. Anaconda, and Walkerville. Here, the century old. With this Yankee char- The newly converted USS Michigan gallow frames and the towering Ana- acter comes a great danger that VHCB SSGN–727 will return to service with a conda Company smokestacks pierce has identified and tackled with great new mission and enhanced capabilities. the skyline as a monument to the men skill: lead poisoning. The most com- The new guided missile submarine and women whose toil became the bed- mon cause of lead poisoning is exposure conversion program was developed by rock of our great Nation. Though faced to dust from deteriorated lead-based the Navy to create a more efficient and with danger, and even death, these paint in a child’s home or daycare. The effective dual-use submarine force. The workers strapped on their boots every Vermont Lead-Based Paint Hazard Re- USS Michigan’s successful trans- morning and from daybreak till night duction Program, administered by formation has maintained all the bene- provided the fuel for a growing nation. VHCB, has provided technical and fi- fits of its predecessor, while creating a Faced with dire circumstance and nancial assistance to eligible landlords ship that will act as a force multiplier physical harm, these workers devel- and homeowners to reduce the risk of for the Navy. It has an increased pay- oped a bond that none outside the lead poisoning in Vermont’s buildings load capacity of 154 cruise missiles and mines could understand. They stood to- and homes. the capability to more effectively gether through thick and thin, and Since the very beginning, my good house, sustain, and deploy a variety of truly were a family. friend Gus Seelig has steered this orga- special operations forces, allowing for This bond took form in two of the nization through both calm and stormy a support role, as well as stealth inser- Nation’s most radical unions, the West- weather. Like any good leader, I am tion and extraction of operatives. The ern Federation of Miners, and the In- certain that Gus would say this organi- flexibility of this new submarine will dustrial Workers of the World. Located zation owes a great deal of its success allow it to efficiently function in a va- in ‘‘the Gibraltar of Unionism’’, Butte to its many past and present board riety of multimission scenarios. and Walkerville, these unions waged a members and staff. On behalf of the The USS Michigan is a shining exam- class warfare the likes of which is still people of Vermont, I thank and ap- ple of the U.S. Navy’s transformation, the fodder for legends. The class war plaud everyone who has worked to and I know my colleagues will join me soon came to a raging boil after the make the Vermont Housing and Con- in commemorating its return to active Butte Granite/Speculator Mine fire, the servation Board a success. Congratula- service. worst hard-rock mining disaster in the Nation’s history. Unions were busted, tions on 20 great years preserving the f character and affordability of agitators dealt with, and the crushing Vermont. ADDITIONAL STATEMENTS hand of the ‘‘company’’ dealt a crip- f pling blow to the workers. Yet with the New Deal came new life RECOMMISSION OF THE USS MONTANA HISTORY for the unions. As the Federal Govern- ‘‘MICHIGAN’’ ∑ Mr. BAUCUS. Mr. President, the his- ment guaranteed the right of workers Mr. LEVIN. Mr. President, I would tory of Butte, Anaconda, and to unionize, the strength of the men like to take this opportunity to com- Walkerville is as bright and intricate and women who worked the mines memorate the recommission of the as the people who live there. Stories of began to shine. In 1934, a 4-month USS Michigan, SSGN–727. A formal re- greed, danger, and power intermingle strike, lead to the birth of the CIO, an turn to service ceremony will be held with values like hard work and loyalty, organization that has become synony- on Tuesday, June 12 at 1 p.m. to honor to weave a tapestry as rich as any city mous with unions, and workers’ rights. the USS Michigan and her officers and in America. As the Montana Historical Now, as Butte, Walkerville, and Ana- crew, which includes captain of the Society has so richly shown, the his- conda usher in the 21st century, these boat CDR Terry Takats and chief of tory of Butte is the history of our cities’ special past will be immor- the boat CMDCM Wayne Lassiter. country. talized forever. In 2006, the National The USS Michigan will return to ac- As America began to slowly mature Park Service recognized that this trio tive duty as the second Ohio-class nu- from a budding nation to an inter- of cities’ history of mining and labor clear-powered Trident missile sub- national superpower, the growing pains should be remembered for generations marine in the U.S. Navy to be refitted became evident. Settlers, packing what and declared the district a National

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.001 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 15229 Historic Landmark. I was proud to century. By honoring Noonan and all North Dakota that is celebrating its work with many people from the area, other historic small towns of North Da- 125th anniversary. On July 5–8, the and showing the determination of their kota, we keep the great pioneering residents of Cooperstown will celebrate ancestors, was able to make this land- frontier spirit alive for future genera- their community’s history and found- mark a reality. The district will be the tions. It is places such as Noonan that ing. largest National Historic Landmark in have helped to shape this country into Cooperstown is a vibrant community the West, covering the period from 1876 what it is today, which is why this fine located in east-central North Dakota. to 1934 and encompassing nearly 10,000 community is deserving of our recogni- The town was founded in 1882 by Rollin acres with over 6,000 contributing re- tion. and Thomas Cooper, who had pre- sources. And one woman, whose heart Noonan has a proud past and a bright viously been miners in Colorado. As and soul was poured into this district, future.∑ with many communities in North Da- is Ellen Crain, Director of the Butte f kota, the arrival of the railroad in 1883 Public Archives. With the undeterred 100TH ANNIVERSARY OF contributed greatly to Cooperstown’s tenacity of the miners before her, Ellen GRANVILLE, NORTH DAKOTA growth. The town’s post office was es- worked for 14 long years to make this tablished on December 28, 1882. The ∑ Mr. CONRAD. Mr. President, I am possible. Because of her hard work, the town continued to grow, becoming in- pleased today to recognize a commu- corporated as a village in 1892 and as a citizens in the district will also be able nity in North Dakota that will be cele- to reflect with pride on their past, as brating its 100th anniversary. On June city in 1906. Today, Cooperstown plays host to they work to uphold the cities’ great 29–July 1, the residents of Granville ∑ tradition in the future. will gather to celebrate their commu- manufacturers, agricultural businesses, f nity’s history and founding. and many other local companies. Coop- Granville is a friendly rural commu- erstown is also proud to boast a strong 100TH ANNIVERSARY OF NOONAN, community, with chapters of 4–H, the NORTH DAKOTA nity located in northern North Dakota. William Christianson, along with his American Legion, and the Boy and Girl ∑ Mr. CONRAD. Mr. President, today I wife Minnie, were the first non-native Scouts of America, in addition to sev- recognize a community in North Da- people to settle the soon-to-be prairie eral local community organizations. kota that will be celebrating its 100th town of Granville in 1895. William was Tourism opportunities abound in anniversary. On June 29–July 1, the an employee of the Great Northern Cooperstown. Sportsmen seek out residents of Noonan will gather to cele- Railway, and the town of Granville was hunting and fishing near Lake Ash- brate their community’s history and named after Granville M. Dodge, a civil tabula and the Red River Lake. The founding. engineer for the railway. Established in Cooper Theater hosts local plays, and Noonan is a thriving rural commu- 1901, the Granville State bank was one the Griggs County Museum provides a nity in northwest North Dakota that of the first businesses established. window on Cooperstown’s past. shares a border with the Canadian Granville was officially declared a city I ask the Senate to join me in con- province of Saskatchewan. Noonan in 1907. gratulating Cooperstown, ND, and its holds an important place in North Da- Today, like so many smaller rural residents on their first 125 years and in kota’s history. Like many of the rural communities in North Dakota, Gran- wishing them well in the future. By communities in North Dakota, Noonan ville is a tight-knit town where every- honoring Cooperstown and all the began its history as a community with one knows their neighbor. Granville is other historic small towns of North Da- the arrival of the Great Northern Rail- known for its welcoming hospitality kota, we keep the great tradition of road. Noonan received its name from and conversation and it is easy to wit- the pioneering frontier spirit alive for Patrick Noonan, the first mayor of ness this local atmosphere at Gran- future generations. It is places such as Noonan. The first businesses in Noonan ville’s Memorial Diner. A beautiful Cooperstown that have helped to shape included the Golden Rule General city park offers a chance for parents this country into what it is today, Store, an implement store, and a hotel. and their children to have fun and play which is why this fine community is Noonan officially became a city on together. deserving of our recognition. September 14, 1928. The community of Granville is a Cooperstown has a proud past and a Today, the community of Noonan is wonderful place for its citizens to live bright future.∑ and experience life together. The peo- largely based on agriculture and is f home to some of the best waterfowl ple of Granville take great pride in and upland game hunting in northwest their community and all it has to offer. CANNON AIR FORCE BASE North Dakota. There is also a volun- To celebrate their centennial anniver- ANNIVERSARY teer fire department and EMT service, sary, the town will be holding a ∑ Mr. DOMENICI. Mr. President, 50 two taverns, and many other busi- barbeque, wagon train, parade, and years ago on June 8, 1957, Clovis Air nesses in this close-knit community fireworks. Force Base was renamed Cannon Air where everyone knows everyone. The I ask the Senate to join me in con- Force Base. On this anniversary, I gratulating Granville, ND and its resi- nearby Noonan trout pond offers camp- would like to like to pay tribute to the dents on their first 100 years and in ing and fishing. Noonan is also home to men and women who have and continue wishing them well through the next a prominent Lions Club chapter, which to serve at Cannon. century. By honoring Granville and all is the oldest service organization in Cannon was named after GEN John other historic small towns of North Da- Kenneth Cannon who commanded Noonan and whose main goal is to help kota, we keep the great pioneering Army Air Corps forces in the Medi- the blind. frontier spirit alive for future genera- terranean and later was commanding The community of Noonan is a won- tions. It is places such as Granville derful place for its residents to live, that have helped shape this country general of all Army Air Corps forces in work, and raise future generations. The into what it is today, which is why this Europe during the Second World War. people of Noonan take pride in their fine community is deserving of our rec- After the war, General Cannon served community and all the opportunities it ognition. as commander in chief of U.S. Air has to offer. The town has an exciting Granville has a proud past and a Forces Europe and commanding gen- centennial weekend planned that in- bright future.∑ eral of Tactical Air Command. During his service, General Cannon earned cludes dances, a parade, variety show, f a Sunday brunch, and much more. four Distinguished Service Medals, a I ask the Senate to join me in con- 125TH ANNIVERSARY OF Legion of Merit, a Bronze Star, and the gratulating Noonan, ND, and its resi- COOPERSTOWN, NORTH DAKOTA Air Medal. He also received decorations dents on their first 100 years and in ∑ Mr. CONRAD. Mr. President, I am from Great Britain, France, Italy, Po- wishing them well through the next pleased today to honor a community in land, Yugoslavia, and Morocco.

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.001 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15230 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 June 11, 2007 For the last 50 years the service men forts to risk-inform regulations, pro- editorial and literary talents have and women who called Cannon home vide discipline in staff review of appli- helped library’s director, Donald A.B. have been deployed numerous times cations for license renewal, and prepare Lindberg, M.D., and his predecessor, around the world to ensure the na- the agency for potential new power re- Martin M. Cummings, M.D., to commu- tional security of our country. They actor applications. Recently Jeff nicate the most current and reliable have performed their duty faithfully chaired a Combined License Review medical and consumer health informa- and in a manner that I am sure would Task Force which made a number of tion to medical professionals, research- make General Cannon proud. recommendations to improve the effi- ers, patients, families, and the public. This year we will see major changes ciency and effectiveness of the review During his tenure at the National Li- at Cannon as the 27th Fighter Wing is of new reactor applications. He was the brary of Medicine, Mr. Mehnert has deactivated in preparation for the im- leading advocate for the use of the al- been in the vanguard of a revolution in pending arrival of the 16th Special Op- ternate dispute resolution process in health information. The introduction erations Wing in October. While we are agency enforcement actions and has of the Internet and the Web environ- excited for the arrival of the 16th Spe- taken a special interest in improving ment vastly increased the number and cial Operations Wing, we are sad to see the management of decommissioning extent of NLM services and audiences. the men and women of the 27th Fighter funding. In 1997, after more than a century of Wing go. As an NRC Commissioner, Jeff serving the library and medical com- In the coming years I am sure the Merrifield was actively involved in the munities exclusively, the National Li- 16th Special Operations Wing will con- agency’s post September 11, 2001, re- brary of Medicine launched Medline tinue the 27th Fighter Wing’s long tra- sponse activities. These actions re- freely on the Web and declared that it dition of excellence at Cannon. Again, I sulted in a significant improvement in would seek to serve the general public would like to thank the men and security at NRC licensed facilities. as well. With Mr. Mehnert’s help, other women, past and present, who have Both before and since the terrible NLM services for the consumer public made Cannon a source of national events of 9/11, NRC licensed power reac- quickly followed. In 1998, pride.∑ tors are some of the best protected fa- MedlinePlus.gov, a source of authori- f cilities in the civilian community. tative full-text health information Recognizing the NRC’s influence in written for the consumer was unveiled. RECOGNITION OF JEFFREY S. the international regulatory commu- In 2000, ClinicalTrials.gov—an NLM MERRIFIELD nity, Jeff has traveled abroad to dis- Web site that provides consumers with ∑ Mr. GREGG. Mr. President, the Hon- cuss policy issues with nuclear regu- information on medical research stud- orable Jeffrey S. Merrifield will be lators and foreign dignitaries in more ies that are recruiting patients—was leaving the U.S. Nuclear Regulatory than 35 countries and has toured more launched. Other NLM consumer-ori- Commission, NRC, on June 30, 2007. than 140 nuclear reactors overseas. In ented databases were introduced in the Originally from Antrim, NH, Jeff 2005, he led an NRC delegation to India last decade as bandwidth and the power Merrifield has served as a member of for the fifth bilateral exchange be- of personal computers increased. They the Commission since October 23, 1998. tween the Indian Atomic Energy Regu- have included NIHSeniorHealth.gov, a First appointed by President Clinton, latory Board and the NRC. This was talking Web site with topics and for- Jeff was reappointed by President Bush the first visit to India by a member of mats tailored to the needs of older per- and was sworn in for a second term on the Commission following President sons; Genetics Home Reference, a Web August 5, 2002. After a distinguished Bush’s initiative ‘‘Next Steps in the site that makes genetics and its rela- government career at the NRC and on Strategic Partnership’’ with India. Jeff tionship to disease more understand- Capitol Hill, Jeff Merrifield has chosen was also the major advocate for the es- able to the public; the Household Prod- to pursue endeavors in the private sec- tablishment of a three-nation agree- ucts database that provides easy-to-un- tor. ment with Canada and Mexico on nu- derstand information on the potential Throughout his tenure at the NRC, clear materials and waste issues health effects of ingredients contained Jeff Merrifield has invested consider- through periodic trilateral meetings. in common household products; and able time in familiarizing himself with Mr. President, please join me in many others. the operations of NRC licensees, vis- thanking Jeff Merrifield for his dedi- One of Mr. Mehnert’s most tangible iting all 104 operating power reactors cated service to the American people legacies has been his recent service on in the United States, as well as numer- and in wishing him and his family all the editorial team responsible for pro- ous nuclear materials facilities and the best in their future pursuits.∑ ducing a new quarterly NIH magazine, sites undergoing decommissioning. Jeff f NIHMedlinePlus, which is sent to doc- actively supported initiatives to im- tors’ offices nationwide for their pa- prove the transparency, efficiency, and TRIBUTE TO ROBERT B. MEHNERT tients to read. The production of this effectiveness of NRC regulatory pro- ∑ Mr. HARKIN. Mr. President, I would consumer-oriented magazine fulfills grams. He headed an NRC Communica- like to pay tribute to Robert B. Congress’s call to publicize the fruits of tions Task Force charged with initi- Mehnert, who is retiring after 48 years NIH-sponsored research to patients, ating and implementing many rec- of dedicated service to the Government their families, and the public at large. ommendations to improve agency in- and people of the United States of Mr. Mehnert has been recognized by ternal and external communications. America. the National Library of Medicine and Jeff also led an interagency task force Mr. Mehnert began his public service the National Institutes of Health for of fifteen departments and agencies to in 1958 with the U.S. Army, continuing his exceptional leadership and achieve- identify gaps in the control and use of in uniform until 1962. In 1963 he reen- ments. Aside from numerous merit radiation source materials as required tered Federal service, this time as a awards, his honors have also included by the Energy Policy Act of 2005. Rec- management intern with the then-De- being the recipient of both the NLM ommendations of this task force were partment of Health, Education and Director’s Award and the NIH Direc- detailed in a report to the President Welfare. He rose quickly through the tor’s Award on several occasions. and Congress. ranks and, in 1971, Mr. Mehnert became As someone who has worked for Jeff Merrifield has advocated a vision Chief of the Office of Public Informa- many years to support medical re- of excellence in regulating the safe and tion at the National Library of Medi- search, I am especially grateful to peo- secure uses of nuclear material for the cine of the National Institutes of ple who have dedicated their lives to public good. A participant in the devel- Health. Since 1998 he has directed the this crucial public health mission. Bob opment of NRC’s Strategic Plan, he Office of Communications and Public Mehnert has done that and is a great championed a number of significant Liaison at the library. For more than a testament to what public service is all regulatory improvements, including ef- quarter century, Mr. Mehnert’s keen about. Bob and his wife, Helene, have

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.001 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 15231 three daughters, seven grandchildren, Baraboo to The Baraboo National Simon Benson House, Epler Hall, the and 1.5 great grandchildren—that is, Bank. As banking products expanded, Broadway Housing complex, the Peter one is on the way. I thank Bob for his the bank was now able to provide more Stott recreational field, the Northwest distinguished career in service to the services to the community. They even Center for Engineering, Science, and American people, and I wish him many had a minibank at the local Badger Technology, and the Portland Street- well-deserved years of happiness in re- Army Ammunition Plan. The Baraboo car. tirement.∑ National Bank continued to expand the Dan has forged community partner- f building on the corner, taking in space ships that truly reflect the university’s to the south and to the west. RECOGNIZING THE BARABOO motto: Let Knowledge Serve the City. In 1975, Merlin E. Zitzner became the NATIONAL BANK These include many of the nonprofit eleventh president and CEO of The organizations in the Portland Metro- ∑ Mr. KOHL. Mr. President, I would Baraboo National Bank. Zitzner, a politan community, the urban and sub- like to take the time to recognize and Viroqua native, graduated from UW urban school districts, and the area’s honor Baraboo National Bank located Whitewater and a graduate degree from community colleges. in Baraboo, WI. This year, the bank UW Madison. Under this leadership The celebrates 150 years as Baraboo’s first Baraboo Bancorporation Inc. was I want to highlight a development at and oldest bank. formed as the holding company of The Portland State that is especially im- On July 15, 1857, Simeon Mills joined Baraboo National Bank and later the portant to me and to the work I have with Terrell Thomas to open Sauk State Bank of Viroqua and Green Lake pursued in the Senate. Shortly after County Bank, Wisconsin’s 15th char- State Bank. his arrival, Dan said that investment tered bank, in a building just down the The Baraboo National Bank contin- in science, technology, and engineering street from its present location. They ued to grow by adding the Downtown would be a priority. One area that has began with $50,000 in operating capital Drive-up Bank branch, West Baraboo emerged as a national research center and by the end of that year were well branch, East Baraboo branch, South- is in nanometrology. Attracting Dr. on their way to establishing a success- west branch and opening the Lake Jun Jiao to Portland State set the ini- ful institution. By the early 1860s, the Delton National Bank branch. Later tiative in motion and today PSU has Sauk County Bank had grown their op- would follow the acquisition of the one of the premier centers for Electron erating capital to break the $100,000 Rock Springs and Bank of Wonewoc Microscopy and Nanofabrication. This mark. A fire in their first location branches. Most recently the Reedsburg is evidence that President Bernstine caused the bank to move into tem- National Bank and the Portage Na- understands the importance of nano- porary quarters on the back of a lot tional Bank where built as well as the technology and is committed to having purchased on the corner of Oak and acquisition of the two locations of the Third Avenue. The new building would PSU make a major contribution in this Northwoods National Bank in soon be built on this corner and stand area. Rhinelander and Elcho. until today. Under President Bernstine’s leader- Today with assets nearing the In 1873 the charter for Sauk County ship, Portland State University has re- $800,000,000 mark and a market share in Bank changed and the bank renamed as ceived national recognition for its fac- Baraboo averaging 66 percent, The First National Bank of Baraboo. For a ulty, community and service-learning Baraboo National Bank has a lot to be 7-year period after the bank changed programs and is listed in the Princeton thankful for. Customer loyalty going its name, banks in Wisconsin were fi- Review book, Colleges with a Con- back for several generations and local nancially stressed and many were clos- science: 81 Great Schools with Out- businesses enjoying growth are what ing across the State. However, through standing Community Involvement. For the bank is really all about.∑ the actions taken by the principle offi- its work to revitalize its community, cers and stockholders, the bank was f its work in urban development, and able to avoid disaster. Otto Ringling RETIREMENT OF DANIEL support for the local economy, Port- came to the First National Bank of BERNSTINE land State University is listed on the Baraboo and deposited a large sum of ∑ Mr. WYDEN. Mr. President, today I first President’s Higher Education money to show his support for the want to pay tribute to one of Oregon’s Community Service Honor Roll and bank. To show their appreciation, the was recognized by The New England bank would often send the Ringlings and indeed our Nation’s finest higher education leaders, Dr. Daniel O. Board of Higher Education as one of 25 money when they needed help. universities considered ‘‘Saviors of Our The 1880s brought more prosperity to Bernstine, president of Portland State University. Portland State University Cities.’’ The Association of American Sauk County and the bank grew well Colleges and Universities also recog- beyond its neighboring competitors to is our state’s largest university, and is foundational to Oregon’s well-earned nized PSU in its report, ‘‘College over $400,000 in assets. By this time the Learning for the New Global Century,’’ bank decided it was time for a name reputation for educational and techno- logical innovation. Earlier this year, as a leader in the area of fostering change. In doing so, was now called civic, intercultural, and ethical learn- The Bank of Baraboo, which would re- President Bernstine announced he would leave PSU at the end of the aca- ing. And for the past 5 years, Portland main for about 58 years. Baraboo was State University has ranked among the now the 25th largest city in the State. demic year and become the President and Chief Executive Officer of the Law Nation’s best colleges in five categories Industry and small businesses all over that lead to student success, according the county were helped by the bank to School Admissions Council in Pennsyl- vania. to U.S. News & World Report in its get their start. America’s Best Colleges 2007 edition. This included the Circus Industry. Pennsylvania’s gain is truly Oregon’s The Bank of Baraboo was a strong sup- loss. As president of Portland State, For these reasons and more, I con- porter of the Ringling and Gollmar Dan and his team have truly trans- sider President Bernstine’s decision to Brother’s Circus. When the Ringling formed Oregon’s only urban university. take on this new responsibility to be a brothers needed money to expand their Under his leadership the enrollment loss to Portland State University and circus in the 1900s, they turned to The has grown substantially; research fund- to Oregon. I am pleased that he will re- Bank of Baraboo for help. Through the ing has increased from $17 million to main active in the higher education 1920s this bond grew to the point that a more than $40 million; the University community and I wish him well in his few of the Ringlings were appointed di- completed its first ever comprehensive new position in Pennsylvania. Mr. rectors and became stock holders who campaign; and the campus has added a President, Daniel O. Bernstine is an Or- were very loyal customers. new Urban Center, the University egon treasure and has made a positive In 1938 a final national bank charter Place hotel, the Native American Stu- difference in the lives of students and changed the name from The Bank of dent and Community Center, the to our community.∑

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A communication from the Assist- Orleans East and to the business park; and United States were communicated to ant Secretary, Office of Legislative Affairs, Whereas, in the business park alone there the Senate by Mr. Williams, one of his Department of State, transmitting, pursuant are twenty-three known illegal dumping secretaries. to law, the certification of a proposed manu- sites and thirteen illegal automobile dump- facturing license agreement for the transfer ing sites; and f of technical data, assistance and manufac- Whereas, the U.S. Environmental Protec- EXECUTIVE MESSAGES REFERRED turing know-how to Japan for the manufac- tion Agency awarded the business park ture of the AN/APX–72 Identification Friend $400,000 in grants to catalogue contamina- As in executive session the Presiding or Foe Transponder; to the Committee on tion, but none of the federal funds will be Officer laid before the Senate messages Foreign Relations. used for clean-up; and from the President of the United EC–2223. A communication from the Assist- Whereas, the Louisiana Department of En- States submitting sundry nominations ant Secretary, Office of Legislative Affairs, vironmental Quality Enforcement Division, and a withdrawal which were referred Department of State, transmitting, pursuant Surveillance Division and Criminal Inves- to law, the certification of a proposed license to the appropriate committees. tigations Section of the Legal Affairs Divi- for the export of technical data, defense arti- sion have inspected over one hundred sev- (The nominations received today are cles and defense services, including manufac- printed at the end of the Senate pro- enty-five sites and found potential environ- turing know-how, to Germany for the manu- mental violations on one hundred fifty of ceedings.) facture of 120mm tank training ammunition; these sites in the Almonaster/Gentilly area to the Committee on Foreign Relations. alone; and f EC–2224. A communication from the Assist- Whereas, on one of these sites, sixty-five ant Secretary, Office of Legislative Affairs, EXECUTIVE AND OTHER thousand cubic yards of debris or approxi- Department of State, transmitting, pursuant COMMUNICATIONS mately an eleven foot tall mound of debris to law, the certification of a proposed license was found to have been illegally dumped on The following communications were for the export of technical data, defense serv- this one site in New Orleans East; and ices, and defense articles to support the man- laid before the Senate, together with Whereas, the illegal piles of debris do not ufacture of F–15 aircraft major structural accompanying papers, reports, and doc- have protective barriers to keep whatever components for Israel; to the Committee on uments, and were referred as indicated: poisons are in the piles contained and from Foreign Relations. EC–2215. A communication from the Sec- EC–2225. A communication from the In- leaking out into the wetlands surrounding retary of Housing and Urban Development, terim Director, Pension Benefit Guaranty this area; and transmitting, the report of proposed legisla- Corporation, transmitting, pursuant to law, Whereas, numerous federal agencies have tion entitled ‘‘The Community Development the report of a rule entitled ‘‘Benefits Pay- roles and responsibilities in the health, safe- Block Grant Reform Act of 2007’’; to the able in Terminated Single-Employer Plans; ty, and economic development after hurri- Committee on Banking, Housing, and Urban Allocation of Assets in Single-Employer canes Katrina and Rita which range from de- Affairs. Plans; Interest Assumptions for Valuing and bris removal, oversight of regulations, and EC–2216. A communication from the Gen- Paying Benefits’’ (29 CFR Parts 4022 and 4044) recovery funding; and eral Counsel, Federal Energy Regulatory received on June 7, 2007; to the Committee Whereas, the removal of all dump sites Commission, transmitting, pursuant to law, on Health, Education, Labor, and Pensions. within the New Orleans Regional Business the report of a rule entitled ‘‘Standards for EC–2226. A communication from the Direc- Parks will improve the health, safety, and Business Practices and Communication Pro- tor, Office of Congressional Affairs, Federal economic development: Therefore, be it tocols for Public Utilities’’ (RIN1902–AD31) Election Commission, transmitting, pursu- Resolved, That the Legislature of Louisiana received on June 7, 2007; to the Committee ant to law, the Semiannual Report of the memorializes the Congress of the United on Energy and Natural Resources. Commission’s Inspector General for the pe- States to urge and request the respective ex- EC–2217. A communication from the Chief riod ending March 31, 2007; to the Committee ecutive branch departments to take a of the Publications and Regulations Branch, on Homeland Security and Governmental Af- proactive role in assisting the communities Internal Revenue Service, Department of the fairs. of New Orleans East in protecting their Treasury, transmitting, pursuant to law, the health and safety and in promoting economic f report of a rule entitled ‘‘Qualifying Gasifi- development; Therefore, be it further cation Project Program’’ (Notice 2007–53) re- PETITIONS AND MEMORIALS Resolved, That the Legislature of Louisiana ceived on June 7, 2007; to the Committee on The following petitions and memo- does hereby request the Congress of the Finance. United States and the appropriate federal EC–2218. A communication from the Chief rials were laid before the Senate and agencies, in coordination with appropriate of the Publications and Regulations Branch, were referred or ordered to lie on the Louisiana state agencies, to immediately Internal Revenue Service, Department of the table as indicated: take the following actions: (a) cease funding Treasury, transmitting, pursuant to law, the POM–112. A concurrent resolution adopted any waste disposal activities within the New report of a rule entitled ‘‘Guidance Under by the Senate of the State of Louisiana urg- Orleans Regional Business Park; (b) develop Guaranteed Payments’’ (Notice 2007–40) re- ing Congress to take a proactive role in as- and implement procedures for expeditious ceived on June 7, 2007; to the Committee on sisting the communities of New Orleans East environmental sampling, analysis, and re- Finance. in protecting their health and safety and in porting; (c) resolve the blurring of debris EC–2219. A communication from the Chief promoting economic development; to the management responsibilities between the of the Publications and Regulations Branch, Committee on Environment and Public Federal Emergency Management Agency and Internal Revenue Service, Department of the Works. Environmental Protection Agency, and state Treasury, transmitting, pursuant to law, the SENATE CONCURRENT RESOLUTION NO. 4 environmental and public health agencies; report of a rule entitled ‘‘Qualifying Ad- Whereas, the health, safety, welfare, and (d) review and enhance the Environmental vanced Coal Project Program’’ (Notice 2007– economic recovery of the residents and busi- Protection Agency’s oversight role of illegal 52) received on June 7, 2007; to the Com- nesses of New Orleans East are dependent and improper debris disposal; and (e) provide mittee on Finance. upon the continued assistance and encour- guidance and mechanisms for the develop- EC–2220. A communication from the Assist- agement from our federal partners; and ment of public/private partnerships in restor- ant Secretary, Office of Legislative Affairs, Whereas, the Legislature of Louisiana cre- ing and redeveloping the New Orleans Re- Department of State, transmitting, pursuant ated the New Orleans Regional Business gional Business Park and the New Orleans to law, the certification of a proposed license Park as a special municipal district for the East community; be it further for the export of technical data, defense serv- primary purpose of engaging industrial, Resolved, That a copy of this Resolution ices, and defense articles to support the sale manufacturing, processing, assembling, dis- shall be transmitted to the secretary of the of the Sensor Fused Weapon to the United tribution, and wholesale businesses; and United States Senate and the clerk of the Arab Emirates; to the Committee on Foreign Whereas, as of early May 2006, approxi- United States House of Representatives and Relations. mately forty companies out of one hundred to each member of the Louisiana delegation EC–2221. A communication from the Assist- four pre-Katrina were back in business and to the United States Congress. ant Secretary, Office of Legislative Affairs, the future of the others is largely uncertain; Department of State, transmitting, pursuant and POM–113. A resolution adopted by the to law, the certification of a proposed license Whereas, New Orleans East has become the House of Representatives of the State of Ha- for the export of technical data, defense serv- illegal burial grounds for homes and busi- waii urging Congress to create a replacement ices, and defense articles necessary to sup- nesses washed out by hurricanes Katrina and for the outdated Fast Track Trade Authority port the Royal Australian Air Force’s Hornet Rita; and system so United States trade agreements

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No. 110–79). able governance in the states, and specifi- demands, and neither Congress nor the f cally, the authority granted to the legisla- states have any means to enforce any deci- tive branch by the Constitution of the State sion regarding what provisions must be con- INTRODUCTION OF BILLS AND of Hawaii, is being undermined by inter- tained in every United States trade agree- JOINT RESOLUTIONS national commercial and trade rules en- ment and what provisions may not be in- forced by the World Trade Organization and cluded in any United States trade agree- The following bills and joint resolu- established by the North American Free ment; and tions were introduced, read the first Trade Agreement, and is further threatened Whereas, federal trade negotiators have ig- and second times by unanimous con- by similar provisions in an array of pending nored and disrespected states’ demands re- sent, and referred as indicated: trade agreements; and garding whether states agree to be bound to By Mr. INHOFE (for himself and Mr. Whereas, today’s trade agreements have ef- certain nontariff trade agreement provi- fects that extend significantly beyond the sions; and COBURN): bounds of traditional trade matters such as Whereas, Fast Track Trade Authority also S. 1585. A bill to designate the Department tariffs and quotas; and circumvents normal Congressional review of Veterans Affairs Outpatient Clinic in Whereas, the North American Free Trade and amendment committee procedures, lim- Tulsa, Oklahoma, as the ‘‘Ernest Childers Agreement and other United States free its debate to twenty hours total, and forbids Department of Veterans Affairs Outpatient trade agreements grant foreign firms new any floor amendments to the implementing Clinic’’; to the Committee on Veterans’ Af- rights and privileges regarding acquisition of legislation that is presented to Congress to fairs. land and facilities and operating within a conform hundreds of United States laws to By Mr. LEAHY (for himself, Mr. state that exceed those granted to American trade agreement obligations and to incor- SUNUNU, Mr. GREGG, and Mr. SAND- businesses under state and federal laws; and porate the actual trade agreement itself into ERS): Whereas, the North American Free Trade United States federal law, which preempts S. 1586. A bill to authorize the Secretary of Agreement already has generated ‘‘regu- state law; and the Interior to provide assistance in imple- latory takings’’ cases against state and local Whereas, Fast Track Trade Authority is menting cultural heritage, conservation, and land use decisions, state environmental and not necessary for negotiating trade agree- recreational activities in the Connecticut public health policies, adverse state court ments, as demonstrated by the existence of River watershed of the States of New Hamp- rulings, and state and local contracts that scores of trade agreements, including major shire and Vermont; to the Committee on En- would not have been possible in United pacts such as the agreements administered ergy and Natural Resources. States courts; and by the World Trade Organization imple- By Ms. SNOWE (for herself, Mr. CAR- Whereas, when states are bound to comply mented in the past thirty years without use PER, Mr. ISAKSON, Mr. KERRY, Mr. with government procurement provisions of Fast Track Trade Authority; and OBAMA, Mr. LIEBERMAN, Mrs. LIN- contained in trade agreements, common eco- Whereas, Fast Track Trade Authority, COLN, and Mr. BAYH): nomic development and environmental poli- which was established in 1974 by President S. 1587. A bill to amend the Internal Rev- cies such as buy-local laws, prevailing wage Richard Nixon when trade agreements were enue Code to allow a special depreciation al- laws, policies to prevent offshoring of state limited to traditional matters such as tariffs lowance for reuse and recycling property and jobs, as well as recycled content laws could and quotas, is now woefully outdated and in- to provide for tax-exempt financing of recy- be subject to challenge as violating the obli- appropriate given the diverse range of cling equipment, and for other purposes; to gations in the trade agreements; and nontrade issues now included in ‘‘trade’’ the Committee on Finance. Whereas, recent trade agreements curtail agreements that broadly affect federal and By Ms. LANDRIEU (for herself, Mr. state regulatory authority by placing con- state nontrade regulatory authority; and COLEMAN, Ms. SNOWE, Mr. BAYH, Ms. straints on future policy options; and Whereas, the current grant of Fast Track STABENOW, Mr. LUGAR, and Mr. COCH- Whereas, the World Trade Organization Trade Authority expires in July 2007: Now, RAN): General Agreement on Trade in Services therefore, be it S. 1588. A bill to amend the Public Health could undermine state efforts to expand Resolved by the House of Representatives of Service Act, the Employee Retirement In- health care coverage and rein in health care the Twenty-fourth Legislature of the State of come Security Act of 1974, and the Internal costs and places constraints on state and Hawaii, Regular Session of 2007, That the Revenue Code of 1986 to require that group local land use planning and gambling policy; United States Congress is respectfully re- and individual health insurance coverage and and quested to create a replacement for the out- group health plans provide coverage for Whereas, new General Agreement on Trade dated Fast Track Trade Authority system so treatment of a minor child’s congenital or in Services negotiations could impose addi- that United States trade agreements are de- developmental deformity or disorder due to tional constraints on state regulation of en- veloped and implemented using a more trauma, infection, tumor, or disease; to the ergy, higher education, professional licens- democratic, inclusive mechanism that en- Committee on Health, Education, Labor, and ing, and other issues; and shrines the principles of federalism and state Pensions. Whereas, despite the indisputable fact that sovereignty; and be it further By Mr. BINGAMAN (for himself, Mr. Resolved, That the Congress is requested to international trade agreements have a far- KERRY, Mr. AKAKA, Mr. SALAZAR, Mr. include in this new process for developing reaching impact on state and local laws, fed- WHITEHOUSE, and Ms. MIKULSKI): and implementing trade agreements an ex- eral government trade negotiators have S. 1589. A bill to amend title XIX of the So- plicit mechanism for ensuring the prior in- failed to respect states’ rights to prior in- cial Security Act to reduce the costs of pre- formed consent of state legislatures before formed consent before binding states to con- scription drugs for enrollees of Medicaid states are bound to the nontariff terms of form state law and authority to trade agree- managed care organizations by extending the any trade agreement that affect state regu- ment requirements and have refused even to discounts offered under fee-for-service Med- latory authority so as to ensure that the send copies of key correspondence to state icaid to such organizations; to the Com- United States Trade Representative respects legislatures; and mittee on Finance. the decisions made by states; and be it fur- Whereas, the current encroachment on By Mr. BYRD (for himself and Mr. ther state regulatory authority by international ROCKEFELLER): Resolved, That certified copies of this Reso- commercial and trade agreements has oc- S. 1590. A bill to provide for the reinstate- lution be transmitted to the President of the curred due in no small part to the fact that ment of a license for a certain Federal En- United States, Ambassador Susan Schwab, United States trade policy is being formu- ergy Regulatory Commission project; to the United States Trade Representative, the lated and implemented under the Fast Track Committee on Energy and Natural Re- President of the United States Senate, the Trade Authority procedure; and sources. Whereas, Fast Track Trade Authority Speaker of the United States House of Rep- f eliminates vital checks and balances estab- resentatives, and the members of Hawaii’s lished in the United States Constitution by congressional delegation. SUBMISSION OF CONCURRENT AND broadly delegating Congress’ exclusive Con- f SENATE RESOLUTIONS stitutional authority to set the terms of REPORTS OF COMMITTEES trade to the Executive Branch such that the The following concurrent resolutions Executive Branch is empowered to negotiate The following reports of committees and Senate resolutions were read, and broad-ranging trade agreements and to sign were submitted: referred (or acted upon), as indicated:

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By Mr. ISAKSON: (Mr. PRYOR) and the Senator from STABENOW) was added as a cosponsor of S. Res. 230. A resolution designating the Idaho (Mr. CRAPO) were added as co- S. 667, a bill to expand programs of month of July 2007, as ‘‘National Teen Safe sponsors of S. 399, a bill to amend title early childhood home visitation that Driver Month’’; to the Committee on the Ju- diciary. XIX of the Social Security Act to in- increase school readiness, child abuse clude podiatrists as physicians for pur- and neglect prevention, and early iden- f poses of covering physicians services tification of developmental and health ADDITIONAL COSPONSORS under the Medicaid program. delays, including potential mental S. 185 S. 402 health concerns, and for other pur- At the request of Mr. LEAHY, the At the request of Mrs. LINCOLN, the poses. name of the Senator from Oregon (Mr. name of the Senator from New Mexico S. 774 (Mr. BINGAMAN) was added as a cospon- WYDEN) was added as a cosponsor of S. sor of S. 185, a bill to restore habeas 402, a bill to amend the Internal Rev- At the request of Mr. DURBIN, the corpus for those detained by the United enue Code of 1986 to allow a deduction name of the Senator from California States. for qualified timber gains. (Mrs. BOXER) was added as a cosponsor S. 242 S. 406 of S. 774, a bill to amend the Illegal Im- At the request of Mr. DORGAN, the At the request of Mrs. HUTCHISON, the migration Reform and Immigrant Re- name of the Senator from South Da- name of the Senator from Wisconsin sponsibility Act of 1996 to permit kota (Mr. THUNE) was added as a co- (Mr. FEINGOLD) was added as a cospon- States to determine State residency for sponsor of S. 242, a bill to amend the sor of S. 406, a bill to ensure local gov- higher education purposes and to au- Federal Food, Drug, and Cosmetic Act ernments have the flexibility needed to thorize the cancellation of removal and with respect to the importation of pre- enhance decision-making regarding adjustment of status of certain alien scription drugs, and for other purposes. certain mass transit projects. students who are long-term United S. 311 S. 450 States residents and who entered the At the request of Ms. LANDRIEU, the At the request of Mrs. LINCOLN, the United States as children, and for name of the Senator from Rhode Island name of the Senator from Maryland other purposes. (Mr. WHITEHOUSE) was added as a co- (Ms. MIKULSKI) was added as a cospon- S. 871 sponsor of S. 311, a bill to amend the sor of S. 450, a bill to amend title XVIII Horse Protection Act to prohibit the of the Social Security Act to repeal the At the request of Mr. LIEBERMAN, the shipping, transporting, moving, deliv- medicare outpatient rehabilitation name of the Senator from Ohio (Mr. ering, receiving, possessing, pur- therapy caps. BROWN) was added as a cosponsor of S. 871, a bill to establish and provide for chasing, selling, or donation of horses S. 469 the treatment of Individual Develop- and other equines to be slaughtered for At the request of Mr. BAUCUS, the human consumption, and for other pur- name of the Senator from Colorado ment Accounts, and for other purposes. poses. (Mr. ALLARD) was added as a cosponsor S. 881 S. 339 of S. 469, a bill to amend the Internal At the request of Mrs. LINCOLN, the At the request of Mr. BAYH, the name Revenue Code of 1986 to make perma- names of the Senator from Georgia of the Senator from New Jersey (Mr. nent the special rule for contributions (Mr. ISAKSON), the Senator from Michi- LAUTENBERG) was added as a cosponsor of qualified conservation contribu- gan (Mr. LEVIN) and the Senator from of S. 339, a bill to promote the national tions. North Carolina (Mrs. DOLE) were added security and stability of the United S. 543 as cosponsors of S. 881, a bill to amend States economy by reducing the de- At the request of Mr. NELSON of Ne- the Internal Revenue Code of 1986 to pendence of the United States on oil braska, the names of the Senator from extend and modify the railroad track through the use of alternative fuels Hawaii (Mr. INOUYE) and the Senator maintenance credit. and new technology, and for other pur- from New Mexico (Mr. BINGAMAN) were poses. added as cosponsors of S. 543, a bill to At the request of Mr. SMITH, the S. 376 improve Medicare beneficiary access by name of the Senator from Maine (Ms. At the request of Mr. LEAHY, the extending the 60 percent compliance COLLINS) was added as a cosponsor of S. name of the Senator from Oregon (Mr. threshold used to determine whether a 881, supra. SMITH) was added as a cosponsor of S. hospital or unit of a hospital is an in- S. 897 376, a bill to amend title 18, United patient rehabilitation facility under At the request of Ms. MIKULSKI, the States Code, to improve the provisions the Medicare program. name of the Senator from New Jersey relating to the carrying of concealed S. 584 (Mr. LAUTENBERG) was added as a co- weapons by law enforcement officers, At the request of Mrs. LINCOLN, the sponsor of S. 897, a bill to amend the and for other purposes. name of the Senator from Arkansas Internal Revenue Code of 1986 to pro- S. 384 (Mr. PRYOR) was added as a cosponsor vide more help to Alzheimer’s disease At the request of Ms. LANDRIEU, the of S. 584, a bill to amend the Internal caregivers. name of the Senator from Arkansas Revenue Code of 1986 to modify the re- (Mrs. LINCOLN) was added as a cospon- habilitation credit and the low-income S. 898 sor of S. 384, a bill to provide pay pro- housing credit. At the request of Ms. MIKULSKI, the tection for members of the Reserve and S. 642 name of the Senator from New Jersey the National Guard, and for other pur- At the request of Mr. DURBIN, the (Mr. LAUTENBERG) was added as a co- poses. name of the Senator from New York sponsor of S. 898, a bill to amend the S. 397 (Mrs. CLINTON) was added as a cospon- Public Health Service Act to fund At the request of Mr. MARTINEZ, the sor of S. 642, a bill to codify Executive breakthroughs in Alzheimer’s disease name of the Senator from South Da- Order 12898, relating to environmental research while providing more help to kota (Mr. THUNE) was added as a co- justice, to require the Administrator of caregivers and increasing public edu- sponsor of S. 397, a bill to amend the the Environmental Protection Agency cation about prevention. Internal Revenue Code of 1986 to allow to fully implement the recommenda- individuals a refundable credit against tions of the Inspector General of the S. 969 income tax for the purchase of private Agency and the Comptroller General of At the request of Mr. DODD, the name health insurance, and for other pur- the United States, and for other pur- of the Senator from Vermont (Mr. poses. poses. SANDERS) was added as a cosponsor of S. 399 S. 667 S. 969, a bill to amend the National At the request of Mr. BUNNING, the At the request of Mr. BOND, the name Labor Relations Act to modify the defi- names of the Senator from Arkansas of the Senator from Michigan (Ms. nition of supervisor.

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(Mr. LIEBERMAN) was added as a co- S. 991 S. 1242 sponsor of S. 1310, a bill to amend title At the request of Mr. DURBIN, the At the request of Mr. TESTER, the XVIII of the Social Security Act to name of the Senator from South Da- name of the Senator from Montana provide for an extension of increased kota (Mr. JOHNSON) was added as a co- (Mr. BAUCUS) was added as a cosponsor payments for ground ambulance serv- sponsor of S. 991, a bill to establish the of S. 1242, a bill to amend the Federal ices under the Medicare program. Senator Paul Simon Study Abroad Crop Insurance Act and Farm Security S. 1334 Foundation under the authorities of and Rural Investment Act of 2002 to es- At the request of Mr. DODD, the name the Mutual Educational and Cultural tablish a biofuel pilot program to offer of the Senator from South Dakota (Mr. Exchange Act of 1961. crop insurance to producers of experi- JOHNSON) was added as a cosponsor of S. 1003 mental biofuel crops and a program to S. 1334, a bill to amend section 2306 of At the request of Ms. STABENOW, the make loans and loan guarantees to pro- title 38, United States Code, to make name of the Senator from South Da- ducers of experimental biofuel crops. permanent authority to furnish gov- kota (Mr. JOHNSON) was added as a co- S. 1243 ernment headstones and markers for sponsor of S. 1003, a bill to amend title At the request of Mr. KERRY, the graves of veterans at private ceme- XVIII of the Social Security Act to im- names of the Senator from Arkansas teries, and for other purposes. prove access to emergency medical (Mrs. LINCOLN) and the Senator from S. 1338 services and the quality and efficiency South Dakota (Mr. JOHNSON) were At the request of Mr. ROCKEFELLER, of care furnished in emergency depart- added as cosponsors of S. 1243, a bill to the name of the Senator from South ments of hospitals and critical access amend title 10, United States Code, to Dakota (Mr. JOHNSON) was added as a hospitals by establishing a bipartisan reduce the age for receipt of military cosponsor of S. 1338, a bill to amend commission to examine factors that af- retired pay for nonregular service from title XVIII of the Social Security Act fect the effective delivery of such serv- 60 years of age to 55 years of age. to provide for a two-year moratorium ices, by providing for additional pay- S. 1249 on certain Medicare physician payment ments for certain physician services At the request of Mrs. FEINSTEIN, the reductions for imaging services. furnished in such emergency depart- name of the Senator from New York S. 1356 ments, and by establishing a Centers (Mrs. CLINTON) was added as a cospon- At the request of Mr. BROWN, the for Medicare & Medicaid Services sor of S. 1249, a bill to require the name of the Senator from North Da- Working Group, and for other purposes. President to close the Department of kota (Mr. DORGAN) was added as a co- S. 1033 Defense detention facility at Guanta- sponsor of S. 1356, a bill to amend the At the request of Mr. LIEBERMAN, the namo Bay, Cuba, and for other pur- Federal Deposit Insurance Act to es- name of the Senator from New Hamp- poses. tablish industrial bank holding com- shire (Mr. SUNUNU) was added as a co- S. 1257 pany regulation, and for other pur- sponsor of S. 1033, a bill to assist in the At the request of Mr. LIEBERMAN, the poses. conservation of rare felids and rare name of the Senator from Michigan S. 1363 canids by supporting and providing fi- (Mr. LEVIN) was added as a cosponsor of At the request of Mrs. CLINTON, the nancial resources for the conservation S. 1257, a bill to provide the District of names of the Senator from Nebraska programs of nations within the range Columbia a voting seat and the State (Mr. HAGEL) and the Senator from of rare felid and rare canid populations of Utah an additional seat in the House Pennsylvania (Mr. CASEY) were added and projects of persons with dem- of Representatives. as cosponsors of S. 1363, a bill to im- onstrated expertise in the conservation S. 1267 prove health care for severely injured of rare felid and rare canid populations. At the request of Mr. LUGAR, the members and former members of the S. 1064 name of the Senator from South Da- Armed Forces, and for other purposes. At the request of Mrs. CLINTON, the kota (Mr. JOHNSON) was added as a co- S. 1373 name of the Senator from Pennsyl- sponsor of S. 1267, a bill to maintain At the request of Mr. PRYOR, the vania (Mr. CASEY) was added as a co- the free flow of information to the pub- names of the Senator from New Mexico sponsor of S. 1064, a bill to provide for lic by providing conditions for the fed- (Mr. BINGAMAN) and the Senator from the improvement of the physical eval- erally compelled disclosure of informa- South Dakota (Mr. JOHNSON) were uation processes applicable to members tion by certain persons connected with added as cosponsors of S. 1373, a bill to of the Armed Forces, and for other pur- the news media. provide grants and loan guarantees for poses. S. 1301 the development and construction of S. 1117 At the request of Mr. DEMINT, the science parks to promote the clus- At the request of Mr. BOND, the name name of the Senator from Utah (Mr. tering of innovation through high tech- of the Senator from Nebraska (Mr. HATCH) was added as a cosponsor of S. nology activities. NELSON) was added as a cosponsor of S. 1301, a bill to preserve and protect the S. 1382 1117, a bill to establish a grant program free choice of individual employees to At the request of Mr. REID, the to provide vision care to children, and form, join, or assist labor organiza- names of the Senator from South Da- for other purposes. tions, or to refrain from such activi- kota (Mr. JOHNSON) and the Senator S. 1224 ties. from Minnesota (Ms. KLOBUCHAR) were At the request of Mr. ROCKEFELLER, S. 1307 added as cosponsors of S. 1382, a bill to the name of the Senator from Wash- At the request of Mr. COLEMAN, the amend the Public Health Service Act ington (Ms. CANTWELL) was added as a name of the Senator from Oklahoma to provide the establishment of an cosponsor of S. 1224, a bill to amend (Mr. COBURN) was added as a cosponsor Amyotrophic Lateral Sclerosis Reg- title XXI of the Social Security Act to of S. 1307, a bill to include Medicare istry. reauthorize the State Children’s Health provider payments in the Federal Pay- S. 1398 Insurance Program, and for other pur- ment Levy Program, to require the De- At the request of Mr. REID, the name poses. partment of Health and Human Serv- of the Senator from Connecticut (Mr.

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LIEBERMAN) was added as a cosponsor (Mr. WARNER), the Senator from Ken- STATEMENTS ON INTRODUCED of S. 1398, a bill to expand the research tucky (Mr. MCCONNELL) and the Sen- BILLS AND JOINT RESOLUTIONS and prevention activities of the Na- ator from Connecticut (Mr. LIEBERMAN) By Mr. INHOFE (for himself and tional Institute of Diabetes and Diges- were added as cosponsors of S. 1523, a Mr. COBURN): tive and Kidney Diseases, and the Cen- bill to amend the Clean Air Act to re- S. 1585. A bill to designate the De- ters for Disease Control and Prevention duce emissions of carbon dioxide from partment of Veterans Affairs Out- with respect to inflammatory bowel the Capitol power plant. patient Clinic in Tulsa, Oklahoma, as disease. S. 1557 the ‘‘Ernest Childers Department of S. 1409 At the request of Mr. DODD, the Veterans Affairs Outpatient Clinic’’; to At the request of Mrs. CLINTON, the names of the Senator from Washington the Committee on Veterans’ Affairs. name of the Senator from Massachu- (Mrs. MURRAY) and the Senator from Mr. INHOFE. Mr. President, I rise setts (Mr. KENNEDY) was added as a co- South Dakota (Mr. JOHNSON) were today for myself and on the behalf of sponsor of S. 1409, a bill to provide and added as cosponsors of S. 1557, a bill to my colleague, Dr. COBURN, to reintro- enhance education, housing, and entre- amend part B of title IV of the Elemen- duce a bill to honor the memory of an preneur assistance for veterans who tary and Secondary Education Act of American hero and proud son from our serve in the Armed Forces after Sep- 1965 to improve 21st Century Commu- great State of Oklahoma. Ernest tember 11, 2001, and for other purposes. nity Learning Centers. Childers was the first Native American to receive the Congressional Medal of S. 1410 S. CON. RES. 3 At the request of Mr. SALAZAR, the Honor. This is our Nation’s highest At the request of Mr. COLEMAN, the military award and it was awarded to name of the Senator from Wisconsin names of the Senator from Pennsyl- vania (Mr. CASEY) and the Senator him by Congress ‘‘for conspicuous gal- (Mr. KOHL) was added as a cosponsor of lantry and intrepidity at risk of life from Connecticut (Mr. LIEBERMAN) S. 1410, a bill to amend the Internal above and beyond the call of duty in Revenue Code of 1986 to allow a credit were added as cosponsors of S. Con. Res. 3, a concurrent resolution express- action.’’ against income tax for the purchase of Ernest Childers was born in Broken ing the sense of Congress that it is the hearing aids. Arrow, Oklahoma, on February 1, 1918 goal of the United States that, not S. 1416 as the third of five children. His father later than January 1, 2025, the agricul- At the request of Mrs. LINCOLN, the died when he was young and he grew up name of the Senator from Indiana (Mr. tural, forestry, and working land of the mostly on a farm. His hunting skills in United States should provide from re- BAYH) was added as a cosponsor of S. his youth provided much of the food for 1416, a bill to amend the Internal Rev- newable resources not less than 25 per- his family and formed the basis of a enue Code of 1986 to make permanent cent of the total energy consumed in great military career. the deduction for mortgage insurance the United States and continue to Ernest Childers enlisted in the Okla- premiums. produce safe, abundant, and affordable homa National Guard in 1937 while at- food, feed, and fiber. S. 1418 tending the Chilocco Indian School in S. RES. 201 north-central Oklahoma. He then went At the request of Mr. DODD, the name At the request of Mr. CHAMBLISS, the to Fort Sill in Lawton, Oklahoma, for of the Senator from South Dakota (Mr. name of the Senator from Rhode Island basic training before being deployed to JOHNSON) was added as a cosponsor of (Mr. WHITEHOUSE) was added as a co- Africa in World War II. On September S. 1418, a bill to provide assistance to sponsor of S. Res. 201, a resolution sup- 22, 1943, despite a broken instep that improve the health of newborns, chil- porting the goals and ideals of ‘‘Na- forced him to crawl, Second Lieutenant dren, and mothers in developing coun- tional Life Insurance Awareness Childers advanced against enemy ma- tries, and for other purposes. Month’’. chine gun nests in Oliveto, Italy, kill- S. 1487 S. RES. 203 ing two snipers and capturing an At the request of Mrs. FEINSTEIN, the At the request of Mr. MENENDEZ, the enemy mortar observer in the process. name of the Senator from California name of the Senator from South Da- His actions were instrumental in help- (Mrs. BOXER) was added as a cosponsor kota (Mr. JOHNSON) was added as a co- ing the Americans win the Battle of of S. 1487, a bill to amend the Help sponsor of S. Res. 203, a resolution call- Oliveto and won him the Congressional America Vote Act of 2002 to require an ing on the Government of the People’s Medal of Honor. He continued his ca- individual, durable, voter-verified Republic of China to use its unique in- reer in the Army earning several other paper record under title III of such Act, fluence and economic leverage to stop military awards including the Combat and for other purposes. genocide and violence in Darfur, Infantry Badge, Europe and Africa S. 1502 Sudan. Campaign Medals, The Purple Heart, The Bronze Star, and the Oklahoma At the request of Mr. CONRAD, the S. RES. 215 Distinguished Service Cross. He retired name of the Senator from Iowa (Mr. At the request of Mr. ALLARD, the from the Army in August of 1965 as a GRASSLEY) was added as a cosponsor of name of the Senator from New York lieutenant colonel in Oklahoma’s 45th S. 1502, a bill to amend the Food Secu- (Mr. SCHUMER) was added as a cospon- rity Act of 1985 to encourage owners Infantry Division. sor of S. Res. 215, a resolution desig- Ernest Childers passed away on and operators of privately-held farm, nating September 25, 2007, as ‘‘National ranch, and forest land to voluntarily March 17, 2005, and was Oklahoma’s First Responder Appreciation Day’’. last Congressional Medal of Honor win- make their land available for access by S. RES. 224 the public under programs adminis- ner still living in the State. He was an At the request of Mrs. FEINSTEIN, the honored guest of many Presidential in- tered by States and tribal govern- name of the Senator from Hawaii (Mr. ments. augurations and as a Creek Indian, was AKAKA) was added as a cosponsor of S. named Oklahoma’s Most Outstanding S. 1514 Res. 224, a resolution expressing the Indian by the Tulsa Chapter of the At the request of Mr. DODD, the sense of the Senate regarding the Council of American Indians in 1966. He names of the Senator from New Mexico Israeli-Palestinian peace process. once said ‘‘The American Indian has (Mr. DOMENICI) and the Senator from AMENDMENT NO. 1415 only one country to defend, and when Iowa (Mr. HARKIN) were added as co- At the request of Mrs. HUTCHISON, the you’re picked on, the American Indian sponsors of S. 1514, a bill to revise and name of the Senator from Nevada (Mr. never turns his back.’’ I am proud and extend provisions under the Garrett ENSIGN) was withdrawn as a cosponsor believe it is only appropriate to intro- Lee Smith Memorial Act. of amendment No. 1415 proposed to S. duce once again this year a bill to re- S. 1523 1348, a bill to provide for comprehen- name the Department of Veterans Af- At the request of Mrs. BOXER, the sive immigration reform and for other fairs’ Outpatient Clinic in Tulsa, Okla- names of the Senator from Virginia purposes. homa, the Ernest Childers Department

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.001 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 15237 of Veterans Affairs Outpatient Clinic that health plans can maintain a com- (3) by adding at the end the following: to honor the enduring legacy of a true prehensive care coordination system ‘‘(xiii) such contract provides that (I) pay- hero and fine soldier. I ask unanimous for their patients. ment for covered outpatient drugs dispensed consent that the text of the bill be This policy change was passed by the to individuals eligible for medical assistance Senate during last year’s debate over who are enrolled with the entity shall be printed in the RECORD. subject to the same rebate required by the There being no objection, the text of the Deficit Reduction Act. This year’s agreement entered into under section 1927 as the bill was ordered to be printed in version of the bill improves on last the State is subject to and that the State the RECORD, as follows: year’s bill in several important ways. shall allow the entity to collect such rebates S. 1585 First, the bill ensures that health plans from manufacturers, and (II) capitation rates Be it enacted by the Senate and House of Rep- can continue their good work by using paid to the entity shall be based on actual resentatives of the United States of America in their own integrated care coordination cost experience related to rebates and sub- Congress assembled, and disease management protocols. ject to the Federal regulations requiring ac- tuarially sound rates.’’. SECTION 1. DESIGNATION OF ERNEST CHILDERS Second, the bill will maintain the fee- (b) CONFORMING AMENDMENTS.—Section DEPARTMENT OF VETERANS AF- for-service prohibition against health 1927 (42 U.S.C. 1396r–8) is amended— FAIRS OUTPATIENT CLINIC. plans ‘‘double dipping’’ into the Med- (a) DESIGNATION.—The Department of Vet- (1) in subsection (d)— erans Affairs Outpatient Clinic in Tulsa, icaid drug rebate and the 340b discount (A) in paragraph (1), by adding at the end Oklahoma, shall be known and designated as drug pricing program. Finally, it will the following: the ‘‘Ernest Childers Department of Vet- ensure that plans can use so-called ‘‘(C) Notwithstanding the subparagraphs erans Affairs Outpatient Clinic’’. positive formularies while simulta- (A) and (B)— (b) REFERENCES.—Any reference in any neously ensuring that enrollees will ‘‘(i) a medicaid managed care organization law, regulation, map, document, record, or with a contract under section 1903(m) may have access to off-formulary drugs exclude or otherwise restrict coverage of a other paper of the United States to the out- through the regulated prior authoriza- patient clinic referred to in subsection (a) covered outpatient drug on the basis of poli- shall be considered to be a reference to the tion process. These changes signifi- cies or practices of the organization, such as ‘‘Ernest Childers Department of Veterans Af- cantly improve the bill and will help those affecting utilization management, for- fairs Outpatient Clinic’’. improve its chances of passage. mulary adherence, and cost sharing or dis- This policy enjoys widespread sup- pute resolution, in lieu of any State policies By Mr. BINGAMAN (for himself, port. Extending the Medicaid drug re- or practices relating to the exclusion or re- striction of coverage of such drugs; and Mr. KERRY, Mr. AKAKA, Mr. bate to enrollees in health plans is sup- ‘‘(ii) nothing in this section or paragraph ALAZAR HITEHOUSE ported by the National Governors Asso- S , Mr. W , and (2)(A)(xiii) of section 1903(m) shall be con- Ms. MIKULSKI): ciation, the National Association of strued as requiring a medicaid managed care S. 1589. A bill to amend title XIX of State Medicaid Directors, the National organization with a contract under such sec- the Social Security Act to reduce the Medicaid Commission, the National As- tion to maintain the same such polices and costs of prescription drugs for enrollees sociation of Community Health Cen- practices as those established by the State of Medicaid managed care organiza- ters, the Partnership for Medicaid, the for purposes of individuals who receive med- tions by extending the discounts of- Association for Community Affiliated ical assistance for covered outpatient drugs fered under fee-for-service Medicaid to Plans, and the Medicaid Health Plans on a fee-for service basis.’’; and such organizations; to the Committee of America. I am entering into the (B) in paragraph (4), by inserting after sub- paragraph (E) the following: on Finance. record copies of letters provided by ‘‘(F) Notwithstanding the preceding sub- Mr. BINGAMAN. Mr. President, I rise these organizations over the last few paragraphs of this paragraph, any formulary today to with Senators KERRY, AKAKA, years memorializing their support for established by medicaid managed care orga- SALAZAR and WHITEHOUSE to introduce this concept. nization with a contract under section the Drug Rebate Equalization Act of Last year, the Congressional Budget 1903(m) may be based on positive inclusion of 2007. Office estimated that the Bingaman drugs selected by a formulary committee As you know, the Medicaid drug re- amendment would have saved Federal consisting of physicians, pharmacists, and bate ensures that State Medicaid pro- taxpayers $1.7 billion over 5 years. other individuals with appropriate clinical grams receive the best price for pre- experience as long as drugs excluded from Likewise, the CMS Office of the Actu- the formulary are available through prior scription drugs for their beneficiaries. ary estimated that extending the drug authorization, as described in paragraph Unfortunately, health plans that serve rebate to health plans would save Fed- (5).’’; and over 10 million Medicaid beneficiaries eral taxpayers $2.2 billion over 5 years. (2) in subsection (j), by striking paragraph cannot access the same discounts I think that we can say that this policy (1) and inserting the following: through the Federal drug rebate pro- will provide significant savings to ‘‘(1) Covered outpatients drugs are not sub- gram. Plans typically get no rebate on Americans, whatever the number. ject to the requirements of this section if generic drugs and about a third of the I urge my colleagues to join me in such drugs are— rebate on brand drugs as States re- supporting this legislation. ‘‘(A) dispensed by a health maintenance or- I ask unanimous consent that the ganization other than a medicaid managed ceive. Therefore, States are paying care organization with a contract under sec- more for the acquisition of prescription text of the bill and letters of support be tion 1903(m); and drugs for these health plan enrollees printed in the RECORD. ‘‘(B) subject to discounts under section than for beneficiaries in fee-for-service There being no objection, the mate- 340B of the Public Health Service Act.’’. Medicaid, raising costs for Federal and rial was ordered to be printed in the (c) EFFECTIVE DATE.—The amendments State governments. RECORD, as follows: made by this section take effect on the date Even with this price disadvantage, S. 1589 of enactment of this Act and apply to rebate agreements entered into or renewed under the total cost of prescription drugs for Be it enacted by the Senate and House of Rep- resentatives of the United States of America in section 1927 of the Social Security Act (42 health plans is less on a per member U.S.C. 1396r–8) on or after such date. per month basis because of health Congress assembled, SECTION 1. SHORT TITLE. plans’ greater use of generics and case CONTROLLING PHARMACEUTICAL COSTS This Act may be cited as the ‘‘Drug Rebate THROUGH GREATER EFFICIENCIES AND BET- management. Unfortunately, many Equalization Act of 2007’’. States are considering carving pre- TER ADMINISTRATION OF THE DRUG REBATE SEC. 2. EXTENSION OF PRESCRIPTION DRUG DIS- PROGRAM scription drugs out from health plans COUNTS TO ENROLLEES OF MED- for the sole purpose of obtaining the re- ICAID MANAGED CARE ORGANIZA- BACKGROUND bate, thereby undermining plans’ abil- TIONS. Medicaid fee-for-service and managed care ity to maintain a comprehensive care (a) IN GENERAL.—Section 1903(m)(2)(A) (42 spent an estimated $36.8 billion in FY 2003 on U.S.C. 1396b(m)(2)(A)) is amended— pharmaceuticals. Prescription drugs are one and disease management program that (1) in clause (xi), by striking ‘‘and’’ at the of the fastest growing categories of Medicaid includes prescription drugs. Not only end; expenditures, having quadrupled between will this legislation save money, it will (2) in clause (xii), by striking the period at 1992 and 2003. Between 2000 and 2003, spending eliminate this incentive and ensure the end and inserting ‘‘; and’’; and on drugs increased by 17 percent per year,

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.001 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15238 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 June 11, 2007 faster than any other major type of Medicaid Medicaid managed care plans do not re- of pharmaceutical acquisition prices, now is service. In 1998, less than 8 percent of Med- ceive the statutory rebate levels, and instead the appropriate time to adjust reimburse- icaid expenditures were for drugs—by 2003 must negotiate rebates on their own. ment for pharmacists’ services to reflect drugs claimed over 13 percent. After 2006 ISSUES TO CONSIDER their increased role in managing medication- drugs for Medicare beneficiaries will be paid based therapies, counseling patients, and Administration of the rebate program is for by Medicare. These recipients currently providing other critical pharmacy services inadequate. The Government Accountability account for about half of all Medicaid drug to Medicaid patients. spending. State Medicaid programs will still Office has found significant shortcomings in Encourage evidence-based formularies be responsible for the drug costs of children the Centers for Medicare and Medicaid Serv- where appropriate. Development of and families and other non-Medicare eligi- ices’ (CMS) administration of the Medicaid formularies should provide access to nec- bles. drug rebate program, including lack of clear essary treatments, and encourage and sup- Drugs are paid for by Medicaid through 3 guidance to manufacturers for determining port benefit management best practices that separate mechanisms. First, the state pays AMP, poor reporting of certain group pur- are proven in widespread use today. Effec- the pharmacists for the ingredient costs of chase prices in setting ‘‘best price’’ levels, tiveness, not cost, should be the main objec- the drug. Previously, most states paid phar- and limited audits of manufacturer price set- tive when developing formularies. The goal macists based on the average wholesale price ting methods. Moreover, the Health and is for plans to provide high-quality, cost-ef- (AWP) less some percentage. AWP is the av- Human Services (HHS) Office of the Inspec- fective drug benefits by using effective drug erage list price that a manufacturer suggests tor General (OIG) recently found that CMS’s utilization management techniques. Al- wholesalers charge pharmacies. Federal re- failure to add qualified new drugs to the Fed- though effectiveness data do not exist for all imbursements to states for state spending on eral upper limit list had resulted in state classes of medications, and are not appro- certain outpatient prescription drugs are Medicaid programs paying more than they priate for certain populations, well-designed subject to ceilings called federal upper limits otherwise would have for these drugs. evidence-based formularies that take into (FULs), also known as the maximum allow- Changes to the rebate program in the DRA account comparative effectiveness data have able cost (MAC). The effect of the FUL is to are minimal and are not expected to have a the potential to provide access to high qual- provide a financial incentive to pharmacies major effect on it. ity, cost-effective medications. to substitute lower-cost ‘‘generic’’ equiva- Reimbursement is not reflective of the Allow Medicaid managed care plans to lents for brand-name drugs. The Deficit Re- true costs of drugs and pharmacy services. have access to the drug rebate for non-340B duction Act (DRA) expanded the impact of The DRA-driven changes in pharmaceutical drugs. All Medicaid beneficiaries should have FULs by applying them to multiple source acquisition prices, by moving to an AMP- their drug costs reduced to the maximum ex- drugs for which the FDA has rated at least 1 based system, may result in some system tent possible, either by the Medicaid rebate other drug (instead of the previous 2) to be savings, though how much is not clear. How- or by the 340B program. While recognizing therapeutically and pharmaceutically equiv- ever, the dispensing fee is also considered by that managed care plans should have access alent. The DRA also changed the FUL for- many to be inadequate for reimbursing phar- to the Medicaid drug rebate, it is also impor- mula from a percentage of the AWP to a per- macists for the range of services they pro- tant to be mindful of the need to protect centage of the Average Manufacturer Price vide. These services may include managing 340B-covered entities from the risk of cre- (AMP), which is the average price paid to a inventory, counseling patients on proper ating a ‘‘duplicate discount’’ due to the over- manufacturer by wholesalers. For those medication use, and complying with federal lap of the rebate and the 340B program. drugs, the FUL would be equal to 250 percent and state regulations in addition to storing, Extend the 340B drug discount to Inpatient of the AMP. The result of the AWP-to-AMP warehousing, and dispensing the drug. With- Pharmaceuticals. The Safety Net Inpatient change is to make Medicaid pharmaceutical out an adequate dispensing fee, some phar- Drug Affordability Act (S. l840/H.R. 3547) payments closer to actual cost. The DRA macies may elect not to participate in Med- would require that 340B hospitals and Crit- also expanded the required reporting of AMP icaid rather than assume financial loss. ical Access Hospitals rebate Medicaid a sig- and best price data, allowing states to have Exemption for managed care plans ineffi- nificant portion of their 340B savings on in- access to reported AMP data for the first cient. Over 10 million Medicaid beneficiaries patient drugs administered to Medicaid pa- time, and requiring HHS to make AMP data receive their drugs through Medicaid man- tients. In addition, to the extent that any available to the public. aged care plans which do not have access to Critical Access Hospitals operate outpatient Second, the states pay the pharmacists a the Medicaid drug rebate. Under the drug re- pharmacies, they would be required to pass dispensing fee which typically ranges from $3 bate, States receive between 18 and 20 per- through to Medicaid their 340B savings for to $5 per prescription. This fee is expected to cent discounts on brand name drug prices Medicaid patients. These savings to Medicaid cover a wide range of services associated and between 10 and 11 percent for generic also accrue to taxpayers by reducing costs with dispensing drugs to Medicaid patients. drug prices. According to a recent study, for federal, state and local governments. The The need to adequately reimburse phar- Medicaid-focused managed care organiza- proposal allows health care providers to macists for these services was recognized by tions (MCOs) typically only receive about a stretch limited resources as they care for Congress under the Medicare Modernization 6 percent discount on brand name drugs and America’s neediest populations. The Public Act of 2003, which included a provision re- no discount on generics. Because many MCOs quiring Medicare Part D drug plans to reim- Hospital Pharmacy Coalition (PHPC) esti- (particularly smaller Medicaid-focused mates that the Safety Net Inpatient Drug burse pharmacists for ‘‘medication therapy MCOs) do not have the capacity to negotiate management services’’ administered to pa- Affordability Act (S. 1840/H.R. 3547) would deeper discounts with drug companies, Med- provide significant savings to the Medicaid tients with multiple chronic conditions. icaid is overpaying for prescription drugs for Third, states receive a rebate directly from program and lower costs for taxpayer-sup- enrollees in Medicaid health plans. The Con- the manufacturers based on their utilization. ported safety net institutions that care for gressional Budget Office (CBO) recently esti- The brand name rebate is the greater of a low-income and uninsured patients. PHPC mated that this change would save $2 billion flat rebate amount of 15.1 percent of average estimates that this legislation would reduce over 5 years. manufacturers price (AMP) or the difference Medicaid costs by over $100 million per year. between AMP and the best price offered to POTENTIAL SOLUTIONS AMERICAN PUBLIC HUMAN SERVICES ASSOCIA- any nongovernmental buyer. Manufacturers Tighten administration of the rebate pro- TION, NATIONAL ASSOCIATION OF STATE have to pay an additional rebate if their drug gram. Inconsistent and inaccurate calcula- MEDICAID DIRECTORS prices have risen faster than the rate of gen- tions of AMP, best price, and other compo- eral inflation. The DRA also made limited nents of the rebate formula have cost Med- POLICY STATEMENT: MCO ACCESS TO THE changes to the Medicaid drug rebate pro- icaid millions of dollars. By improving CMS MEDICAID PHARMACY REBATE PROGRAM gram. In addition, some states have entered oversight over the program and increasing Background into supplemental rebate agreements with manufacturer accountability over proper The Omnibus Budget Reconciliation Act of manufacturers in return for putting their calculation of rebates, Medicaid would reap 1990 (OBRA ’90) established a Medicaid drug drugs on a preferred drug list. CBO estimates the full benefits of the Medicaid drug rebate rebate program that requires pharma- that the average rebate received by the program. ceutical manufacturers to provide a rebate states equaled 31.4 percent of AMP with the Increase the basic level of rebate. CBO has to participating state Medicaid agencies. In average basic rebate of 19.6 percent and the estimated that setting the basic rebate level return, states must cover all prescription inflation adjustment rebate equal to 11.7 per- at 23 percent would result in savings of $3.2 drugs manufactured by a company that par- cent. States also receive a rebate on generic billion over 5 years. Available information ticipates in the rebate program. At the time drugs of 11 percent of AMP. In return for the supports setting the rebate at a higher level of this legislation, only a small percentage rebates, states must provide access to all than it is at today. of Medicaid beneficiaries were enrolled in FDA-approved drugs, although they may and Payment for pharmacist services should be capitated managed care plans and were pri- do have extensive prior authorization pro- realigned to reflect true costs, including marily served by plans that also had com- grams, step therapy, limited prescriptions medication therapy management services. mercial lines of business. These plans re- per month and co-payments. With the Congress having addressed the issue quested to be excluded from the drug rebate

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.001 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 15239 program as it was assumed that they would mental health drugs. For example, Texas es- common-sense solution, one that we would be able to secure a better rebate on their timates the provisions federal impact from be pleased to support in the event that the own. Though regulations have not yet been its state would be a cost of $50 million over Congress acts to constrain costs without un- promulgated, federal interpretation to date five years and California alone estimates $250 dermining the fundamental goals of the pro- has excluded Medicaid managed care organi- million cost to the federal government over gram. zations from participating in the federal re- the five year budget window. Sincerely, bate program. Tiered Co Pays for Prescription Drugs: NGA DANIEL R. HAWKINS, Jr., Today, the situation is quite different. 58% supports House provision with modification Vice President for Federal, State, of all Medicaid beneficiaries are enrolled in and Public Affairs. The House provision that would allow some type of managed care delivery system, states to use tiered co-pays to encourage use many in capitated health plans. Some man- ASSOCIATION FOR COMMUNITY of more affordable drugs should be main- aged care plans, especially Medicaid-domi- AFFILIATED PLANS, tained in the final package; however, the nated plans that make up a growing percent- Washington, DC, June 5, 2007. provision that limits this flexibility and oth- age of the Medicaid marketplace, are looking HON. JEFF BINGAMAN, erwise links Medicaid program administra- at the feasibility of gaining access to the Hart Senate Office Building, tion to TRICARE-approved formularies Medicaid pharmacy rebate. However, a num- Washington, DC. should be dropped. ber of commercial plans remain content to DEAR SENATOR BINGAMAN: On behalf of the negotiate their own pharmacy rates and are Rebates: NGA supports some Senate provisions, Association of Community Affiliated Plans not interested in pursuing the Medicaid re- one with modification (ACAP), our 32 member health plans, and bate. The Senate provision that would increase over four million Americans they serve, I am Policy Statement minimum rebates on brand name drugs writing to express our gratitude and support should be maintained in the final bill. for your legislation to extend the benefits of The National Association of State Med- The Senate provision that extends rebates the Medicaid drug rebate to the Medicaid icaid Directors is supportive of Medicaid to managed care organizations that care for beneficiaries enrolled in Medicaid health managed care organizations (MCOs), in their Medicaid beneficiaries should be maintained plans. capacity as an agent of the state, being able in the final bill. Created by the Omnibus Budget Reconcili- to participate fully in the federal Medicaid Regarding the requirement in both the ation Act (OBRA) of 1990, the Medicaid Drug rebate program. To do so, the MCO must ad- House and Senate bill for states to collect re- Rebate Program requires a drug manufac- here to all of the federal rebate rules set bates on physician administered drugs, the turer to have a rebate agreement with the forth in OBRA ’90 and follow essentially the provision in the House bill that provides for Secretary of the Department of Health and same ingredient cost payment methodology a hardship waiver for those states that re- Human Services for States to receive federal used by the state. The state will have the quire additional time to implement the re- funding for outpatient drugs dispensed to ability to make a downward adjustment in porting system required to collect these re- Medicaid patients. At the time the law was the MCO’s capitation rate based on the as- bates should be maintained in the final bill. enacted, managed care organizations were sumption that the MCO will collect the full excluded from access to the drug rebate pro- rebate instead of the state. Finally, if a NATIONAL ASSOCIATION OF gram. In 1990, only 2.8 million people were pharmacy benefit manager (PBM) is under COMMUNITY enrolled in Medicaid managed care and so contract with an MCO to administer the HEALTH CENTERS, INC., the savings lost by the exemption were rel- Medicaid pharmacy benefit for them, then Washington, DC, August 18, 2005. atively small. Today, 18 million people are the same principal shall apply, but in no way MARGARET A. MURRAY, enrolled in capitated managed care plans. should both the MCO and the PBM be al- Executive Director, Association for Community Pharmacy costs in Medicaid Fee-for-Service lowed to claim the rebate.—Approved by Affiliated Plans, Washington, DC. settings are 18 percent higher on a per-mem- NASMD June 24, 2002 DEAR MS. MURRAY. The National Associa- ber-per-month basis than in the managed We oppose the Senate provision that pro- tion of Community Health Centers (NACHC), care setting even though plans are at a dis- vides for mandatory dispensing fee guide- the national trade organization representing advantage with respect to the federal rebate. lines. States welcome more research in dis- America’s 1,100 federally qualified health With the federal rebate as an additional tool, pensing fees throughout the US health care centers, has reviewed your proposed initia- plans could save the Medicaid program even system. Currently, there is very little infor- tive to provide Medicaid managed care orga- more. mation for states to use when considering nizations with access to the Medicaid drug Extending the Medicaid drug rebate to appropriate dispensing fees. New reference rebate found in Section 1927 of the Social Se- Medicaid health plans has been championed information would be helpful; but mandatory curity Act. by ACAP for several years as a common guidelines should not be imposed on states. ACAP and NACHC share a very special re- sense approach to reforming the Medicaid The effective date for any dispensing fee lationship. Many of ACAP’s member plans program, while ensuring that all Medicaid provisions should be the date 6 months after are owned and governed by community beneficiaries receive the care they need. The the close of the first regular state legislative health center representatives. This unique proposal to extend the drug rebate has been session. A state may need extra time to im- relationship often creates a mutual policy endorsed by the National Governors Associa- plement a pharmacy reimbursement system interest and this proposal is an example of tion, the National Association of State Med- to determine appropriate dispensing fees and such an intersection. icaid Directors, the National Medicaid Com- make changes to separate out the dispensing Your proposal to allow Medicaid managed mission, the Medicaid Health Plans of Amer- fee from the reimbursement in their sys- care organizations access to the Medicaid ica, the Partnership for Medicaid, and the tems. drug rebate makes sense given the migration National Association of Community Health Governors should maintain flexibility to of Medicaid beneficiaries from fee-for-service Centers. The Congressional Budget Office establish dispensing fees to maintain access to managed care since 1990. Increasingly, and the CMS Actuary have said that this to both pharmacies that may provide spe- states have not been able to take advantage policy will save between $1.7 billion and $2.2 cialty services as well as those that serve of the drug rebate for those enrollees in man- billion in Federal tax dollars over 5 years. beneficiaries in rural and underserved areas. aged care, thus driving up federal and state Again, thank you for your leadership to Limiting such pharmacies by arbitrary fed- Medicaid costs. The savings estimated in the help modernize the Medicaid program in a eral statutory definitions or regulation will Lewin Group study are significant and may commonsense manner by extending the sav- not help states to manage their pharmacy help to mitigate the needs for other cuts in ings of the drug rebate to Medicaid health programs. New federal mandates on how to the program. In addition, it demonstrates a plans. Please do not hesitate to contact me consider dispensing fees for such pharmacists proactive effort to offer solutions to improv- if I can be of any further assistance. are unnecessary and burdensome. ing the Medicaid program. We applaud this Sincerely, Preferred Drug List Restriction: NGA opposes effort. MARGARET A. MURRAY, House provision While we are deeply concerned that Con- Executive Director. The House provision (SEC.3105) that would gress may engage in budget-driven, rather limit states’ current ability to include men- than policy-driven, efforts to restrain or re- MEDICAID HEALTH PLANS OF AMERICA, tal health drugs on a state’s preferred drug duce Medicaid spending, we also recognize Washington, DC, April 7, 2005. list should be dropped from the final bill. that—as providers to a substantial portion of Margaret A. Murray, This provision would be very costly—far be- the Medicaid-enrolled population—we have a Executive Director, Association for Community yond the $120 million estimated by the Con- responsibility to put forth viable, realistic Affiliated Plans, Washington, DC. gressional Budget Office—and would under- alternatives that can help slow the growth DEAR MS. MURRAY: The Medicaid Health mine states current ability to use common- on Medicaid spending without throwing peo- Plans of America (MHPOA) supports your sense tools that are used throughout the ple off the rolls, or cutting benefits or pay- proposed initiative to provide Medicaid man- health care system to manage expensive ment rates, Your proposal offers just such a aged care organizations with access to the

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.001 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15240 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 June 11, 2007 Medicaid drug rebate found in Section 1927 of government. Without an agreement in place, homes in the state. The penalty period starts the Social Security Act. We support this ef- States cannot generally receive Federal from the date of the transfer. Using the date fort and urge Congress to enact this common funding for outpatient drugs dispensed to of the transfer as the start date provides an sense provision. Medicaid recipients. Rebate amounts re- opportunity for applicants to preserve assets Medicaid Health Plans of America, formed ceived by states are considered a reduction because some or all of the penalty period in 1993 and incorporated in 1995, is a trade as- in the amount expended by States for med- may occur while the applicant was not pay- sociation representing health plans and ical assistance for purposes of Federal ing privately for long-term care. other entities participating in Medicaid matching funds under the Medicaid program. We oppose the Senate provision that pro- managed care throughout the country. It’s The basic rebate for brand name drugs is vides for mandatory dispensing fee guide- primary focus is to provide research, advo- the greater of 15.1 percent of the Average lines. States welcome more research in dis- cacy, analysis, and organized forums that Manufacturer Price (AMP) or AMP minus pensing fees throughout the U.S. health care support the development of effective policy Best Price (BP). Best Price is the lowest system. Currently, there is very little infor- solutions to promote and enhance the deliv- price at which the manufacturer sells the mation for states to use when considering ery of quality healthcare. The Association covered outpatient drug to any purchaser, appropriate dispensing fees. New reference initially coalesced around the issue of na- with certain statutory exceptions, in the information would be helpful; but mandatory tional health care reform, and as the policy United States in any pricing structure, in guidelines should not be imposed on states. debate changed from national health care re- the same quarter for which the AMP is com- The effective date for any dispensing fee form to national managed care reform, the puted. provisions should be the date 6 months after areas of focus shifted to the changes in Med- The rebate for generic drugs is 11 percent the close of the first regular state legislative icaid managed care. of AMP. session. A state may need extra time to im- Your proposal to allow Medicaid managed Under current law Medicaid states cannot plement a pharmacy reimbursement system care organizations access to the Medicaid collect rebates from managed care organiza- to determine appropriate dispensing fees and drug rebate makes sense given the migration tions in the Medicaid Drug Rebate Program. make changes to separate out the dispensing of Medicaid beneficiaries from fee-for-service Proposal fee from the reimbursement in their sys- tems. to managed care since 1990. Increasingly, The Commission recommends providing states have not been able to take advantage Governors should maintain flexibility to Medicaid managed care health plans access establish dispensing fees to maintain access of the drug rebate for those enrollees in man- to the existing pharmaceutical manufacturer aged care, thus driving up federal and state to both pharmacies that may provide spe- rebate program currently available to other cialty services as well as those that serve Medicaid costs. The savings estimated in the Medicaid health plans. States should have Lewin Group study are significant and may beneficiaries in rural and underserved areas. the option of collecting these rebates di- Limiting such pharmacies by arbitrary fed- help to mitigate the needs for other cuts in rectly or allowing plans to access them in the program. In addition, it demonstrates a eral statutory definitions or regulation will exchange for lower capitation payments. not help states to manage their pharmacy proactive effort to offer solutions to improv- Estimated savings ing the Medicaid program. We applaud this programs. New federal mandates on how to effort. $2 Billion over 5 years (CMS Office of the consider dispensing fees for such pharmacists MHPOA is proud to support this legislative Actuary) are unnecessary and burdensome. proposal and will endorse any legislation in CHANGE THE START DATE OF PENALTY PERIOD Preferred drug list restriction Congress to enact this proposal. FOR PERSONS TRANSFERRING ASSETS FOR NGA opposes House provision Sincerely, MEDICAID ELIGIBILITY The House provision (Sec. 3105) that would THOMAS JOHNSON, Current law limit states’ current ability to include men- Executive Director. States determine financial eligibility for tal health drugs on a state’s preferred drug Medicaid coverage of nursing home care list should be dropped from the final bill. THE MEDICAID COMMISSION using a combination of state and federal This provision would be very costly—far be- (Report to the Honorable Secretary Michael statutes and regulations. Personal income yond the $120 million estimated by the Con- O. Leavitt, Department of Health and and assets must be below specified levels be- gressional Budget Office—and would under- Human Services and The United States fore eligibility can be established. Personal mine states current ability to use common- Congress September 1, 2005) resources are sorted into two categories: sense tools that are used throughout the Proposal those considered countable (those that must health care system to manage expensive be spent down before eligibility criteria is mental health drugs. For example, Texas es- The Commission recommends allowing met) and those considered non-countable timates the provisions federal impact from states to establish pharmaceutical prices (those that applicants can keep and still its state would be a cost of $50 million over based on the Average Manufacturer Price meet the eligibility criteria such as real es- 5-years and California alone estimates $250 (AMP) rather than the published Average tate that is the beneficiary’s primary resi- million cost to the federal government over Wholesale Price (AWP). Additionally, re- dence). Some assets held in trust, annuities, the 5-year budget window. forms should be implemented to ensure that and promissory notes are also not counted. If Tiered Co-pays for prescription drugs manufacturers are appropriately reporting it is determined that the applicant has ex- data. Such improvements should include re- NGA supports House provision with modifica- cess countable assets, these must spent be- tion forms to ensure: (1) clear guidance from CMS fore they can become eligible. Personal in- The House provision that would allow on manufacturer price determination meth- come is applied to the cost of care after a states to use tiered co-pays to encourage use ods and the definition of AMP; (2) manufac- personal needs allowance and a community of more affordable drugs should be main- turer-reported prices are easily auditable so spouse allowance is deducted. that systematic oversight of the price deter- Federal law requires states to review the tained in the final package; however, the mination can be done by HHS; (3) manufac- assets of Medicaid applicants for a period of provision that limits this flexibility and oth- turer-reported prices and rebates are pro- 36 months prior to application or 60 months erwise links Medicaid program administra- vided to states monthly rather than the cur- if a trust is involved. This period is known as tion to TRICARE-approved formularies rent quarterly reporting; and (4) new pen- the ‘‘look back period.’’ Financial eligibility should be dropped. alties are implemented to discourage manu- screeners look for transfers from personal as- Rebates facturers from reporting inaccurate pricing sets made during the look back period that NGA supports some Senate provisions, one information. appear to have been made for the purpose of with modification Estimated savings obtaining Medicaid eligibility. Transfers The Senate provision that would increase $4.3 Billion over 5 years (CMS Office of the made before the look back period are not re- minimum rebates on brand name drugs Actuary) viewed. should be maintained in the final bill. Applicants are prohibited from transfer- The Senate provision that extends rebates EXTENSION OF THE MEDICAID DRUG REBATE ring resources during the look back period to managed care organizations that care for PROGRAM TO MEDICAID MANAGED CARE for less than fair market value. Some trans- Medicaid beneficiaries should be maintained Current law fers of resources are allowed, such as trans- in the final bill. Section 1927 of the Social Security Act, ef- fers between spouses. If a state eligibility Regarding the requirement in both the fective January 1, 1991 sets forth the require- screener finds a non-allowed transfer, cur- House and Senate bill for states to collect re- ments of the Medicaid Drug Rebate Program. rent law (OBRA 1993) requires the state to bates on physician administered drugs, the In order for Federal Medicaid matching impose a ‘‘penalty period’’ during which provision in the House bill that provides for funds to be available to States for covered Medicaid will not pay for long-term care. a hardship waiver for those states that re- outpatient drugs of a manufacturer, the The length of the penalty period is cal- quire additional time to implement the re- manufacturer must enter into and have in ef- culated by dividing the amount transferred porting system required to collect these re- fect a rebate agreement with the Federal by the monthly private pay rate of nursing bates should be maintained in the final bill.

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.001 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 15241 By Mr. BYRD (for himself and of cost-effective, progressive action promoting new emerging energy tech- Mr. ROCKEFELLER): that we should facilitate and applaud nologies, developing greater efficiency, and S. 1590. A bill to provide for the at every chance. It is the right thing to creating a Strategic Energy Efficiency and reintatement of a license for a certain do for the communities and public util- Renewables Reserve to invest in alternative energy, and for other purposes; which was or- Federal Energy Regulatory Commis- ities in the rural Appalachian counties dered to lie on the table. sion project; to the Committee on En- where the existing dam and lake are lo- SA 1501. Mr. PRYOR submitted an amend- ergy and Natural Resources. cated. It is the right thing to do for the ment intended to be proposed by him to the Mr. BYRD. Mr. President, my col- West Virginians all along the Tygart bill H.R. 6, supra; which was ordered to lie on league from West Virginia, Senator and Monongahela Rivers. And it is the the table. ROCKEFELLER, and I have joined to- right thing to do for the taxpaying citi- SA 1502. Mr. REID submitted an amend- gether today to introduce legislation zens of this Nation. I respectfully re- ment intended to be proposed by him to the that would allow for the construction quest that my colleagues support our bill H.R. 6, supra; which was ordered to lie on of a hydroelectric facility near the the the table. legislation, the bill that makes these SA 1503. Mr. CARDIN submitted an amend- City of Grafton, located in north cen- positive results possible. ment intended to be proposed by him to the tral West Virginia. A companion meas- f bill H.R. 6, supra; which was ordered to lie on ure is being introduced in the U.S.I the table. House of Representatives by Congress- SUBMITTED RESOLUTIONS SA 1504. Mr. CARDIN submitted an amend- man ALAN MOLLOHAN. The proposed ment intended to be proposed by him to the hydro facility, to be constructed on an bill H.R. 6, supra; which was ordered to lie on SENATE RESOLUTION 230—DESIG- existing dam, would supply power to the table. NATING THE MONTH OF JULY Grafton and surrounding area while f 2007, AS ‘‘NATIONAL TEEN SAFE also providing a significant economic DRIVER MONTH’’ TEXT OF AMENDMENTS benefit to the city. Mr. PRYOR submitted an Our legislation, which was passed by Mr. ISAKSON submitted the fol- SA 1500. amendment intended to be proposed by the Senate late last year but did not lowing resolution; which was referred him to the bill H.R. 6, to reduce our clear the House of Representatives be- to the Committee on the Judiciary: Nation’s dependency on foreign oil by fore the end of the session, would rein- S. RES. 230 investing in clean, renewable, and al- state a license from the Federal Energy Whereas automobile accidents involving ternative energy resources, promoting Regulatory Commission, FERC, for a teenage drivers result in the highest cause of new emerging energy technologies, de- new hydroelectric facility on the death and injury for adolescents between the veloping greater efficiency, and cre- Tygart Valley River. The City of Graf- ages of 15 and 20 years; ating a Strategic Energy Efficiency ton has been considering the hydro- Whereas, each year, 7,460 teenage drivers and Renewables Reserve to invest in al- electric facility for many years, and between the ages of 15 and 20 years are in- volved in fatal crashes, and 1,700,000 teenage ternative energy, and for other pur- first received a license for the project drivers are involved in accidents that are re- poses; which was ordered to lie on the in 1989. However, that license lapsed in ported to law enforcement officers; table; as follows: 1999 without the city making progress Whereas driver education and training re- on the effort. The Byrd-Rockefeller- sources have diminished in communities On page 152, strike line 24 and insert the Mollohan measure would reinstate the throughout the United States, leaving fami- following: lies underserved and lacking in opportunities ‘‘under subsection (a)(1). license and allow Grafton to move ‘‘(g) USE OF ENERGY AND WATER EFFICIENCY for educating the teenage drivers of those ahead with the 20-megawatt hydro- MEASURES IN FEDERAL BUILDINGS.— families; electric facility. ‘‘(1) ENERGY AND WATER EVALUATIONS.—Not Whereas, in addition to costs relating to later than 1 year after the date of enactment The City of Grafton is working with the long-term care of teenage drivers se- of this subsection, and every 3 years there- a private contractor to develop the verely injured in automobile accidents, auto- after, each Federal agency shall complete a hydro project. With a new FERC li- mobile accidents involving teenage drivers comprehensive energy and water evaluation cense, the contractor believes that the cost the United States more than for— project could be in operation as early $40,000,000,000 in lost productivity and other ‘‘(A) each building and other facility of the forms of economic loss; as 2008. It is expected that the new hy- Federal agency that is larger than a min- Whereas technology advances have in- droelectric facility would generate imum size established by the Secretary; and creased the opportunity of the United States about $300,000 in annual revenues for ‘‘(B) any other building or other facility of to provide more effective training and re- the Federal agency that meets any other cri- Grafton, while creating 200 construc- search to novice teenage drivers; and teria established by the Secretary. tion jobs in the process. Whereas the families of victims of acci- ‘‘(2) IMPLEMENTATION OF IDENTIFIED ENERGY In 1938, the Tygart dam became the dents involving teenage drivers are working AND WATER EFFICIENCY MEASURES.— first flood control project to be com- together to save the lives of other teenage ‘‘(A) IN GENERAL.—Not later than 2 years pleted in the Pittsburgh District of the drivers through volunteer efforts in local after the date of enactment of this sub- communities: Now, therefore, be it Army Corps of Engineers under the section, and every 3 years thereafter, each Resolved, That the Senate— Rivers and Harbors Act of 1935. It re- Federal agency— (1) designates the month of July 2007 as mains one of the most expensive and ‘‘(i) shall fully implement each energy and ‘‘National Teen Safe Driver Month’’; and extensive construction projects in the water-saving measure that the Federal agen- (2) calls upon the members of Federal, cy identified in the evaluation conducted history of West Virginia. I recognize State, and local governments and interested under paragraph (1) that has a 15-year simple that the hydroelectric project has been organizations— payback period; and delayed numerous times, but the Con- (A) to commemorate National Teen Safe ‘‘(ii) may implement any energy or water- gressional Budget Office found that im- Driver Month with appropriate ceremonies, saving measure that the Federal agency activities, and programs; and plementing the project will pose zero identified in the evaluation conducted under (B) to encourage the development of re- negative impact to the Federal budget. paragraph (1) that has longer than a 15-year sources to provide affordable, accessible, and In fact, it will generate roughly $200,000 simple payback period. effective driver training for every teenage in annual licensing fees for the U.S. ‘‘(B) PAYBACK PERIOD.— driver of the United States. Treasury. Approval of our legislation ‘‘(i) IN GENERAL.—For the purpose of sub- will yield a return on this previous sig- f paragraph (A), a measure shall be considered nificant investment by the American AMENDMENTS SUBMITTED AND to have a 15-year simple payback if the taxpayer by leveraging new value out PROPOSED quotient obtained under clause (ii) is less than or equal to 15. of old infrastructure. SA 1500. Mr. PRYOR submitted an amend- ‘‘(ii) QUOTIENT.—The quotient for a meas- Clean, hydroelectric power genera- ment intended to be proposed by him to the ure shall be obtained by dividing— tion from an expensive dam previously bill H.R. 6, to reduce our Nation’s depend- ‘‘(I) the estimated initial implementation used only for flood control, at no cost ency on foreign oil by investing in clean, re- cost of the measure (other than financing to the Federal Government, is the type newable, and alternative energy resources, costs); by

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‘‘(II) the annual cost savings from the ‘‘(A) IN GENERAL.—Each Federal agency SEC. 263. ENERGY SAVINGS PERFORMANCE CON- measure. shall enter energy use data for each building TRACTS. ‘‘(C) COST SAVINGS.—For the purpose of and other facility of the Federal agency into Section 801 of the National Energy Con- subparagraph (B), cost savings shall include a building energy use benchmarking system, servation Policy Act (42 U.S.C. 8287) is net savings in estimated— such as the Energy Star Portfolio Manager. amended— ‘‘(i) energy and water costs; ‘‘(B) SYSTEM AND GUIDANCE.—Not later (1) in subsection (a)(2)— ‘‘(ii) operations, maintenance, repair, re- than 1 year after the date of enactment of (A) in subparagraph (D), by inserting ‘‘be- placement, and other direct costs; and this subsection, the Secretary shall— ginning on the date of the delivery order’’ ‘‘(iii) external environmental, health, secu- ‘‘(i) select or develop the building energy after ‘‘25 years’’; and rity, and other costs based on a cost adder, use benchmarking system required under (B) by adding at the end the following: as determined in accordance with the guide- this paragraph for each type of building; and ‘‘(E) PROMOTION OF CONTRACTS.—In car- lines issued by the Secretary under para- ‘‘(ii) issue guidance for use of the system. rying out this section, a Federal agency graph (4). ‘‘(7) FEDERAL AGENCY SCORECARDS.— shall not— ‘‘(i) establish a Federal agency policy that ‘‘(D) EXCEPTIONS.—The Secretary may ‘‘(A) IN GENERAL.—The Director of the Of- modify or make exceptions to the calcula- fice of Management and Budget shall issue limits the maximum contract term under tion of a 15-year simple payback under this quarterly scorecards for energy management subparagraph (D) to a period shorter than 25 paragraph in the guidelines issued by the activities carried out by each Federal agency years; or Secretary under paragraph (4). that includes— ‘‘(ii) limit the total amount of obligations ‘‘(3) FOLLOW-UP ON IMPLEMENTED MEAS- ‘‘(i) summaries of the status of— under energy savings performance contracts URES.—For each measure implemented under or other private financing of energy savings ‘‘(I) energy and water evaluations under paragraph (2), each Federal agency shall measures. paragraph (1); carry out— ‘‘(F) MEASUREMENT AND VERIFICATION RE- ‘‘(II) implementation of identified energy ‘‘(A) commissioning; QUIREMENTS FOR PRIVATE FINANCING.— and water measures under paragraph (2); and ‘‘(B) operations, maintenance, and repair; ‘‘(i) IN GENERAL.—The evaluations and sav- ‘‘(III) follow-up on implemented measures and ings measurement and verification required under paragraph (3); and ‘‘(C) measurement and verification of en- under paragraphs (1) and (3) of section 543(f) ‘‘(ii) any other means of measuring per- ergy and water savings. shall be used by a Federal agency to meet formance that the Director considers appro- ‘‘(4) GUIDELINES.— the requirements for— priate. ‘‘(A) IN GENERAL.—The Secretary shall ‘‘(I) in the case of energy savings perform- ‘‘(B) AVAILABILITY.—The Director shall issue guidelines and necessary criteria that ance contracts, the need for energy audits, each Federal agency shall follow for imple- make the scorecards required under this calculation of energy savings, and any other mentation of— paragraph available to Congress, other Fed- evaluation of costs and savings needed to im- ‘‘(i) paragraph (1) not later than 90 days eral agencies, and the public through the plement the guarantee of savings under this after the date of enactment of this sub- Internet. section; and section; and ‘‘(8) FUNDING.— ‘‘(II) in the case of utility energy service ‘‘(ii) paragraphs (2) and (3) not later than ‘‘(A) AUTHORIZATION OF APPROPRIATIONS.— contracts, needs that are similar to the pur- 180 days after the date of enactment of this There are authorized to be appropriated such poses described in subclause (I). subsection. sums as are necessary to carry out this sub- ‘‘(ii) MODIFICATION OF EXISTING CON- ‘‘(B) RELATIONSHIP TO FUNDING SOURCE.— section. TRACTS.—Not later than 180 days after the The guidelines issued by the Secretary under ‘‘(B) FUNDING OPTIONS.— date of enactment of this subparagraph, each subparagraph (A) shall be appropriate and ‘‘(i) IN GENERAL.—To carry out paragraphs Federal agency shall, to the maximum ex- uniform for measures funded with each type (1) through (3), a Federal agency may use tent practicable, modify any indefinite deliv- of funding made available under paragraph any combination of— ery and indefinite quantity energy savings (8). ‘‘(I) appropriated funds made available performance contracts, and other indefinite ‘‘(5) WEB-BASED CERTIFICATION.— under subparagraph (A); and delivery and indefinite quantity contracts ‘‘(A) IN GENERAL.—For each building and ‘‘(II) private financing, including financing using private financing, to conform to the other facility that meets the criteria estab- available through energy savings perform- amendments made by the Renewable Fuels, lished by the Secretary under paragraph (1), ance contracts or utility energy savings con- Consumer Protection, and Energy Efficiency each Federal agency shall use a web-based tracts. Act of 2007.’’; and tracking system to certify compliance with ‘‘(ii) COMBINED FUNDING FOR SAME MEAS- (2) by striking subsection (c). the requirements for— URE.—A Federal agency may use any com- ‘‘(i) energy and water evaluations under bination of appropriated funds and private fi- SA 1502. Mr. REID submitted an paragraph (1); nancing described in clause (i) to carry out amendment intended to be proposed by ‘‘(ii) implementation of identified energy the same measure under this subsection, and water measures under paragraph (2); and him to the bill H.R. 6, to reduce our with proportional allocation for any energy Nation’s dependency on foreign oil by ‘‘(iii) follow-up on implemented measures and water savings. investing in clean, renewable, and al- under paragraph (3). ‘‘(iii) LACK OF APPROPRIATED FUNDS.—Since ‘‘(B) DEPLOYMENT.—Not later than 1 year measures may be carried out using private ternative energy resources, promoting after the date of enactment of this sub- financing described in clause (i), a lack of new emerging energy technologies, de- section, the Secretary shall deploy the web- available appropriations shall not be consid- veloping greater efficiency, and cre- based tracking system required under this ered a sufficient reason for the failure of a ating a Strategic Energy Efficiency paragraph in a manner that tracks, at a min- Federal agency to comply with paragraphs and Renewables Reserve to invest in al- imum— (1) through (3).’’. ‘‘(i) the covered buildings and other facili- ternative energy, and for other pur- ties; poses; which was ordered to lie on the ‘‘(ii) the status of evaluations; SA 1501. Mr. PRYOR submitted an table; as follows: ‘‘(iii) the identified measures, with esti- amendment intended to be proposed by Strike all after the enacting clause and in- mated costs and savings; sert the following: him to the bill H.R. 6, to reduce our ‘‘(iv) the status of implementing the meas- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ures; Nation’s dependency on foreign oil by (a) SHORT TITLE.—This Act may be cited as ‘‘(v) the measured savings; and investing in clean, renewable, and al- the ‘‘Renewable Fuels, Consumer Protection, ‘‘(vi) the persistence of savings. ternative energy resources, promoting and Energy Efficiency Act of 2007’’. ‘‘(C) AVAILABILITY.— new emerging energy technologies, de- (b) TABLE OF CONTENTS.—The table of con- ‘‘(i) IN GENERAL.—Subject to clause (ii), the tents of this Act is as follows: Secretary shall make the web-based tracking veloping greater efficiency, and cre- Sec. 1. Short title; table of contents. system required under this paragraph avail- ating a Strategic Energy Efficiency Sec. 2. Relationship to other law. able to Congress, other Federal agencies, and and Renewables Reserve to invest in al- the public through the Internet. TITLE I—BIOFUELS FOR ENERGY SECURITY AND TRANSPORTATION ‘‘(ii) EXEMPTIONS.—At the request of a Fed- ternative energy, and for other pur- eral agency, the Secretary may exempt spe- poses; which was ordered to lie on the Sec. 101. Short title. cific data for specific buildings from disclo- table; as follows: Sec. 102. Definitions. sure under clause (i) for national security Subtitle A—Renewable Fuel Standard purposes. Beginning on page 146, strike line 22 and Sec. 111. Renewable fuel standard. ‘‘(6) BENCHMARKING OF FEDERAL FACILI- all that follows through page 151, line 14, and Sec. 112. Production of renewable fuel using TIES.— insert the following: renewable energy.

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0655 E:\BR07\S11JN7.001 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 15243 Subtitle B—Renewable Fuels Infrastructure Sec. 232. Deployment of new technologies Subtitle B—Installation of Photovoltaic Sys- Sec. 121. Infrastructure pilot program for re- for high-efficiency consumer tem at Department of Energy Head- newable fuels. products. quarters Building Sec. 122. Bioenergy research and develop- Sec. 233. Industrial efficiency program. Sec. 411. Installation of photovoltaic system ment. Subtitle C—Promoting High Efficiency Vehi- at Department of Energy head- Sec. 123. Bioresearch centers for systems bi- cles, Advanced Batteries, and Energy Stor- quarters building. ology program. age Subtitle C—High-Performance Green Sec. 124. Loan guarantees for renewable fuel Sec. 241. Lightweight materials research and Buildings facilities. development. Sec. 421. Short title. Sec. 242. Loan guarantees for fuel-efficient Sec. 125. Grants for renewable fuel produc- Sec. 422. Findings and purposes. tion research and development automobile parts manufactur- Sec. 423. Definitions. in certain States. ers. Sec. 126. Grants for infrastructure for trans- Sec. 243. Advanced technology vehicles man- PART I—OFFICE OF HIGH-PERFORMANCE portation of biomass to local ufacturing incentive program. GREEN BUILDINGS biorefineries. Sec. 244. Energy storage competitiveness. Sec. 431. Oversight. Sec. 127. Biorefinery information center. Sec. 245. Advanced transportation tech- Sec. 432. Office of High-Performance Green Sec. 128. Alternative fuel database and ma- nology program. Buildings. terials. Subtitle D—Setting Energy Efficiency Goals Sec. 433. Green Building Advisory Com- Sec. 129. Fuel tank cap labeling require- Sec. 251. National goals for energy savings mittee. ment. in transportation. Sec. 434. Public outreach. Sec. 130. Biodiesel. Sec. 252. National energy efficiency im- Sec. 435. Research and development. Sec. 436. Budget and life-cycle costing and Subtitle C—Studies provement goals. Sec. 253. National media campaign. contracting. Sec. 141. Study of advanced biofuels tech- Sec. 254. Modernization of electricity grid Sec. 437. Authorization of appropriations. nologies. system. PART II—HEALTHY HIGH-PERFORMANCE Sec. 142. Study of increased consumption of Subtitle E—Promoting Federal Leadership SCHOOLS ethanol-blended gasoline with in Energy Efficiency and Renewable Energy higher levels of ethanol. Sec. 441. Definition of high-performance Sec. 143. Pipeline feasibility study. Sec. 261. Federal fleet conservation require- school. Sec. 144. Study of optimization of flexible ments. Sec. 442. Grants for healthy school environ- fueled vehicles to use E–85 fuel. Sec. 262. Federal requirement to purchase ments. Sec. 443. Model guidelines for siting of Sec. 145. Study of credits for use of renew- electricity generated by renew- school facilities. able electricity in electric vehi- able energy. Sec. 444. Public outreach. cles. Sec. 263. Energy savings performance con- Sec. 445. Environmental health program. Sec. 146. Study of engine durability associ- tracts. Sec. 264. Energy management requirements Sec. 446. Authorization of appropriations. ated with the use of biodiesel. for Federal buildings. Sec. 147. Study of incentives for renewable PART III—STRENGTHENING FEDERAL Sec. 265. Combined heat and power and dis- fuels. LEADERSHIP trict energy installations at Sec. 148. Study of streamlined lifecycle Sec. 451. Incentives. Federal sites. Sec. 452. Federal procurement. analysis tools for the evalua- Sec. 266. Federal building energy efficiency Sec. 453. Federal green building perform- tion of renewable carbon con- performance standards. ance. tent of biofuels. Sec. 267. Application of International En- Sec. 454. Storm water runoff requirements Sec. 149. Study of the adequacy of railroad ergy Conservation Code to pub- for Federal development transportation of domestically- lic and assisted housing. produced renewable fuel. Sec. 268. Energy efficient commercial build- projects. Sec. 150. Study of effects of ethanol-blended ings initiative. PART IV—DEMONSTRATION PROJECT gasoline on off road vehicles. Subtitle F—Assisting State and Local Sec. 461. Coordination of goals. TITLE II—ENERGY EFFICIENCY Governments in Energy Efficiency Sec. 462. Authorization of appropriations. PROMOTION Sec. 271. Weatherization assistance for low- TITLE V—CORPORATE AVERAGE FUEL Sec. 201. Short title. income persons. ECONOMY STANDARDS Sec. 202. Definition of Secretary. Sec. 272. State energy conservation plans. Sec. 501. Short title. Subtitle A—Promoting Advanced Lighting Sec. 273. Utility energy efficiency programs. Sec. 502. Average fuel economy standards for Technologies Sec. 274. Energy efficiency and demand re- automobiles and certain other sponse program assistance. Sec. 211. Accelerated procurement of energy vehicles. Sec. 275. Energy and environmental block Sec. 503. Amending fuel economy standards. efficient lighting. grant. Sec. 504. Definitions. Sec. 212. Incandescent reflector lamp effi- Sec. 276. Energy sustainability and effi- Sec. 505. Ensuring safety of automobiles. ciency standards. ciency grants for institutions of Sec. 506. Credit trading program. Sec. 213. Bright Tomorrow Lighting Prizes. higher education. Sec. 507. Labels for fuel economy and green- Sec. 214. Sense of Senate concerning effi- Sec. 277. Workforce training. house gas emissions. cient lighting standards. Sec. 278. Assistance to States to reduce Sec. 508. Continued applicability of existing Sec. 215. Renewable energy construction school bus idling. standards. grants. TITLE III—CARBON CAPTURE AND STOR- Sec. 509. National Academy of Sciences Subtitle B—Expediting New Energy AGE RESEARCH, DEVELOPMENT, AND studies. Efficiency Standards DEMONSTRATION Sec. 510. Standards for Executive agency Sec. 221. Definition of energy conservation Sec. 301. Short title. automobiles. standard. Sec. 302. Carbon capture and storage re- Sec. 511. Ensuring availability of flexible Sec. 222. Regional efficiency standards for search, development, and dem- fuel automobiles. heating and cooling products. onstration program. Sec. 512. Increasing consumer awareness of Sec. 223. Furnace fan rulemaking. Sec. 303. Carbon dioxide storage capacity as- flexible fuel automobiles. Sec. 224. Expedited rulemakings. sessment. Sec. 513. Periodic review of accuracy of fuel Sec. 225. Periodic reviews. Sec. 304. Carbon capture and storage initia- economy labeling procedures. Sec. 226. Energy efficiency labeling for con- tive. Sec. 514. Tire fuel efficiency consumer infor- sumer products. TITLE IV—COST-EFFECTIVE AND ENVI- mation. Sec. 227. Residential boiler efficiency stand- RONMENTALLY SUSTAINABLE PUBLIC Sec. 515. Advanced Battery Initiative. ards. BUILDINGS Sec. 516. Biodiesel standards. Sec. 228. Technical corrections. Subtitle A—Public Buildings Cost Reduction Sec. 517. Use of civil penalties for research Sec. 229. Electric motor efficiency stand- and development. Sec. 401. Short title. Sec. 518. Energy Security Fund and alter- ards. Sec. 402. Cost-effective technology accelera- Sec. 230. Energy standards for home appli- native fuel grant program. tion program. Sec. 519. Authorization of appropriations. ances. Sec. 403. Environmental Protection Agency Sec. 520. Application with Clean Air Act. Sec. 231. Improved energy efficiency for ap- demonstration grant program pliances and buildings in cold for local governments. TITLE VI—PRICE GOUGING climates. Sec. 404. Definitions. Sec. 601. Short title.

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Presidential declaration of energy (B) any organic matter that is available on 2005 (Public Law 109–58; 119 Stat. 1067). emergency. a renewable or recurring basis from non-Fed- (2) APPLICABLE VOLUME.— Sec. 607. Enforcement by the Federal Trade eral land or from land belonging to an Indian (A) CALENDAR YEARS 2008 THROUGH 2022.— Commission. tribe, or an Indian individual, that is held in (i) RENEWABLE FUEL.—For the purpose of Sec. 608. Enforcement by State Attorneys trust by the United States or subject to a re- paragraph (1), subject to clause (ii), the ap- General. striction against alienation imposed by the plicable volume for any of calendar years Sec. 609. Penalties. United States, including— 2008 through 2022 shall be determined in ac- Sec. 610. Effect on other laws. (i) renewable plant material, including— cordance with the following table: TITLE VII—ENERGY DIPLOMACY AND (I) feed grains; Applicable volume of SECURITY (II) other agricultural commodities; renewable fuel Sec. 701. Short title. (III) other plants and trees; and Calendar year: (in billions of Sec. 702. Definitions. (IV) algae; and gallons): Sec. 703. Sense of Congress on energy diplo- (ii) waste material, including— 2008 ...... 8.5 macy and security. (I) crop residue; 2009 ...... 10.5 Sec. 704. Strategic energy partnerships. (II) other vegetative waste material (in- 2010 ...... 12.0 Sec. 705. International energy crisis re- cluding wood waste and wood residues); 2011 ...... 12.6 sponse mechanisms. (III) animal waste and byproducts (includ- 2012 ...... 13.2 Sec. 706. Hemisphere energy cooperation ing fats, oils, greases, and manure); and 2013 ...... 13.8 forum. (IV) food waste and yard waste. 2014 ...... 14.4 Sec. 707. Appropriate congressional commit- (5) RENEWABLE FUEL.— 2015 ...... 15.0 2016 ...... 18.0 tees defined. (A) IN GENERAL.—The term ‘‘renewable fuel’’ means motor vehicle fuel, boiler fuel, 2017 ...... 21.0 SEC. 2. RELATIONSHIP TO OTHER LAW. or home heating fuel that is— 2018 ...... 24.0 Except to the extent expressly provided in (i) produced from renewable biomass; and 2019 ...... 27.0 this Act or an amendment made by this Act, (ii) used to replace or reduce the quantity 2020 ...... 30.0 nothing in this Act or an amendment made of fossil fuel present in a fuel or fuel mixture 2021 ...... 33.0 2022 ...... 36.0. by this Act supersedes, limits the authority used to operate a motor vehicle, boiler, or (ii) ADVANCED BIOFUELS.—For the purpose provided or responsibility conferred by, or furnace. authorizes any violation of any provision of of paragraph (1), of the volume of renewable (B) INCLUSION.—The term ‘‘renewable fuel’’ fuel required under clause (i), the applicable law (including a regulation), including any includes— volume for any of calendar years 2016 energy or environmental law or regulation. (i) conventional biofuel; and through 2022 for advanced biofuels shall be TITLE I—BIOFUELS FOR ENERGY (ii) advanced biofuel. determined in accordance with the following SECURITY AND TRANSPORTATION (6) SECRETARY.—The term ‘‘Secretary’’ table: SEC. 101. SHORT TITLE. means the Secretary of Energy This title may be cited as the ‘‘Biofuels for (7) SMALL REFINERY.—The term ‘‘small re- Applicable volume of Energy Security and Transportation Act of finery’’ means a refinery for which the aver- advanced biofuels 2007’’. age aggregate daily crude oil throughput for Calendar year: (in billions of a calendar year (as determined by dividing gallons): SEC. 102. DEFINITIONS. 2016 ...... 3.0 In this title: the aggregate throughput for the calendar year by the number of days in the calendar 2017 ...... 6.0 (1) ADVANCED BIOFUEL.— 2018 ...... 9.0 year) does not exceed 75,000 barrels. (A) IN GENERAL.—The term ‘‘advanced 2019 ...... 12.0 biofuel’’ means fuel derived from renewable Subtitle A—Renewable Fuel Standard 2020 ...... 15.0 biomass other than corn starch. SEC. 111. RENEWABLE FUEL STANDARD. 2021 ...... 18.0 (B) INCLUSIONS.—The term ‘‘advanced (a) RENEWABLE FUEL PROGRAM.— 2022 ...... 21.0. biofuel’’ includes— (1) REGULATIONS.— (B) CALENDAR YEAR 2023 AND THEREAFTER.— (i) ethanol derived from cellulose, hemi- (A) IN GENERAL.—Not later than 1 year Subject to subparagraph (C), for the purposes cellulose, or lignin; after the date of enactment of this Act, the of paragraph (1), the applicable volume for (ii) ethanol derived from sugar or starch, President shall promulgate regulations to calendar year 2023 and each calendar year other than ethanol derived from corn starch; ensure that motor vehicle fuel, home heating thereafter shall be determined by the Presi- (iii) ethanol derived from waste material, oil, and boiler fuel sold or introduced into dent, in coordination with the Secretary of including crop residue, other vegetative commerce in the United States (except in Energy, the Secretary of Agriculture, and waste material, animal waste, and food noncontiguous States or territories), on an the Administrator of the Environmental waste and yard waste; annual average basis, contains the applicable Protection Agency, based on a review of the (iv) diesel-equivalent fuel derived from re- volume of renewable fuel determined in ac- implementation of the program during cal- newable biomass, including vegetable oil and cordance with paragraph (2). endar years 2007 through 2022, including a re- animal fat; (B) PROVISIONS OF REGULATIONS.—Regard- view of— (v) biogas produced through the conversion less of the date of promulgation, the regula- (i) the impact of renewable fuels on the en- of organic matter from renewable biomass; tions promulgated under subparagraph (A)— ergy security of the United States; and (i) shall contain compliance provisions ap- (ii) the expected annual rate of future pro- (vi) butanol or higher alcohols produced plicable to refineries, blenders, distributors, duction of renewable fuels, including ad- through the conversion of organic matter and importers, as appropriate, to ensure vanced biofuels; from renewable biomass. that— (iii) the impact of renewable fuels on the (2) CELLULOSIC BIOMASS ETHANOL.—The (I) the requirements of this subsection are infrastructure of the United States, includ- term ‘‘cellulosic biomass ethanol’’ means met; and ing deliverability of materials, goods, and ethanol derived from any cellulose, hemi- (II) renewable fuels produced from facili- products other than renewable fuel, and the cellulose, or lignin that is derived from re- ties built after the date of enactment of this sufficiency of infrastructure to deliver re- newable biomass. Act achieve at least a 20 percent reduction in newable fuel; and (3) CONVENTIONAL BIOFUEL.—The term life cycle greenhouse gas emissions com- (iv) the impact of the use of renewable ‘‘conventional biofuel’’ means ethanol de- pared to gasoline; but fuels on other factors, including job creation, rived from corn starch. (ii) shall not— the price and supply of agricultural commod- (4) RENEWABLE BIOMASS.—The term ‘‘re- (I) restrict geographic areas in the contig- ities, rural economic development, and the newable biomass’’ means— uous United States in which renewable fuel environment. (A) biomass (as defined by section 210 of may be used; or (C) MINIMUM APPLICABLE VOLUME.—Subject the Energy Policy Act of 2005 (42 U.S.C. (II) impose any per-gallon obligation for to subparagraph (D), for the purpose of para- 15855)) (excluding the bole of old-growth the use of renewable fuel. graph (1), the applicable volume for calendar trees of a forest from the late successional (C) RELATIONSHIP TO OTHER REGULATIONS.— year 2023 and each calendar year thereafter state of forest development) that is har- Regulations promulgated under this para- shall be equal to the product obtained by vested where permitted by law and in accord- graph shall, to the maximum extent prac- multiplying—

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(i) the number of gallons of gasoline that ANOL.—For any of calendar years 2008 quate supply of domestically-produced re- the President estimates will be sold or intro- through 2015, 1 gallon of cellulosic biomass newable fuel to consumers in the United duced into commerce in the calendar year; ethanol shall be considered to be the equiva- States. and lent of 2.5 gallons of renewable fuel. (2) PETITIONS FOR WAIVERS.—The President, (ii) the ratio that— (d) CREDIT PROGRAM.— in consultation with the Secretary of En- (I) 36,000,000,000 gallons of renewable fuel; (1) IN GENERAL.—The President, in con- ergy, the Secretary of Agriculture, and the bears to sultation with the Secretary and the Admin- Administrator of the Environmental Protec- (II) the number of gallons of gasoline sold istrator of the Environmental Protection tion Agency, shall approve or disapprove a or introduced into commerce in calendar Agency, shall implement a credit program to State petition for a waiver of the require- year 2022. manage the renewable fuel requirement of ments of subsection (a) within 90 days after (D) MINIMUM PERCENTAGE OF ADVANCED this section in a manner consistent with the the date on which the petition is received by BIOFUEL.—For the purpose of paragraph (1) credit program established by the amend- the President. and subparagraph (C), at least 60 percent of ment made by section 1501(a)(2) of the En- (3) TERMINATION OF WAIVERS.—A waiver the minimum applicable volume for calendar ergy Policy Act of 2005 (Public Law 109–58; granted under paragraph (1) shall terminate year 2023 and each calendar year thereafter 119 Stat. 1067). after 1 year, but may be renewed by the shall be advanced biofuel. (2) MARKET TRANSPARENCY.—In carrying President after consultation with the Sec- (b) APPLICABLE PERCENTAGES.— out the credit program under this sub- retary of Energy, the Secretary of Agri- (1) PROVISION OF ESTIMATE OF VOLUMES OF section, the President shall facilitate price culture, and the Administrator of the Envi- GASOLINE SALES.—Not later than October 31 transparency in markets for the sale and ronmental Protection Agency. of each of calendar years 2008 through 2021, trade of credits, with due regard for the pub- (4) REPORT TO CONGRESS.—If the Secretary the Administrator of the Energy Information lic interest, the integrity of those markets, makes a determination under paragraph Administration shall provide to the Presi- fair competition, and the protection of con- (1)(B) that railroad transportation of domes- dent an estimate, with respect to the fol- sumers and agricultural producers. tically-produced renewable fuel is inad- (e) SEASONAL VARIATIONS IN RENEWABLE lowing calendar year, of the volumes of gaso- equate, based on either the service provided FUEL USE.— line projected to be sold or introduced into by, or the price of, the railroad transpor- (1) STUDY.—For each of calendar years 2008 commerce in the United States. tation, the President shall submit to Con- through 2022, the Administrator of the En- (2) DETERMINATION OF APPLICABLE PERCENT- gress a report that describes— ergy Information Administration shall con- AGES.— (A) the actions the Federal Government is duct a study of renewable fuel blending to (A) IN GENERAL.—Not later than November taking, or will take, to address the inad- 30 of each of calendar years 2008 through 2022, determine whether there are excessive sea- equacy, including a description of the spe- based on the estimate provided under para- sonal variations in the use of renewable fuel. cific powers of the applicable Federal agen- graph (1), the President shall determine and (2) REGULATION OF EXCESSIVE SEASONAL cies; and publish in the Federal Register, with respect VARIATIONS.—If, for any calendar year, the (B) if the President finds that there are in- to the following calendar year, the renewable Administrator of the Energy Information adequate Federal powers to address the rail- fuel obligation that ensures that the require- Administration, based on the study under road service or pricing inadequacies, rec- ments of subsection (a) are met. paragraph (1), makes the determinations ommendations for legislation to provide ap- (B) REQUIRED ELEMENTS.—The renewable specified in paragraph (3), the President shall propriate powers to Federal agencies to ad- fuel obligation determined for a calendar promulgate regulations to ensure that 25 year under subparagraph (A) shall— percent or more of the quantity of renewable dress the inadequacies. (i) be applicable to refineries, blenders, and fuel necessary to meet the requirements of (g) SMALL REFINERIES.— importers, as appropriate; subsection (a) is used during each of the 2 pe- (1) TEMPORARY EXEMPTION.— (ii) be expressed in terms of a volume per- riods specified in paragraph (4) of each subse- (A) IN GENERAL.—The requirements of sub- centage of gasoline sold or introduced into quent calendar year. section (a) shall not apply to— commerce in the United States; and (3) DETERMINATIONS.—The determinations (i) small refineries (other than a small re- (iii) subject to paragraph (3)(A), consist of referred to in paragraph (2) are that— finery described in clause (ii)) until calendar a single applicable percentage that applies to (A) less than 25 percent of the quantity of year 2013; and all categories of persons specified in clause renewable fuel necessary to meet the re- (ii) small refineries owned by a small busi- (i). quirements of subsection (a) has been used ness refiner (as defined in section 45H(c) of (3) ADJUSTMENTS.—In determining the ap- during 1 of the 2 periods specified in para- the Internal Revenue Code of 1986) until cal- plicable percentage for a calendar year, the graph (4) of the calendar year; endar year 2015. President shall make adjustments— (B) a pattern of excessive seasonal vari- (B) EXTENSION OF EXEMPTION.— (A) to prevent the imposition of redundant ation described in subparagraph (A) will con- (i) STUDY BY SECRETARY.—Not later than obligations on any person specified in para- tinue in subsequent calendar years; and December 31, 2008, the Secretary shall sub- graph (2)(B)(i); and (C) promulgating regulations or other re- mit to the President and Congress a report (B) to account for the use of renewable fuel quirements to impose a 25 percent or more describing the results of a study to deter- during the previous calendar year by small seasonal use of renewable fuels will not sig- mine whether compliance with the require- refineries that are exempt under subsection nificantly— ments of subsection (a) would impose a dis- (g). (i) increase the price of motor fuels to the proportionate economic hardship on small (c) VOLUME CONVERSION FACTORS FOR RE- consumer; or refineries. NEWABLE FUELS BASED ON ENERGY CONTENT (ii) prevent or interfere with the attain- (ii) EXTENSION OF EXEMPTION.—In the case OR REQUIREMENTS.— ment of national ambient air quality stand- of a small refinery that the Secretary deter- (1) IN GENERAL.—For the purpose of sub- ards. mines under clause (i) would be subject to a section (a), the President shall assign values (4) PERIODS.—The 2 periods referred to in disproportionate economic hardship if re- to specific types of advanced biofuels for the this subsection are— quired to comply with subsection (a), the purpose of satisfying the fuel volume re- (A) April through September; and President shall extend the exemption under quirements of subsection (a)(2) in accordance (B) January through March and October subparagraph (A) for the small refinery for a with this subsection. through December. period of not less than 2 additional years. (2) ENERGY CONTENT RELATIVE TO ETH- (f) WAIVERS.— (2) PETITIONS BASED ON DISPROPORTIONATE ANOL.—For advanced biofuel, 1 gallon of the (1) IN GENERAL.—The President, in con- ECONOMIC HARDSHIP.— advanced biofuel shall be considered to be sultation with the Secretary of Energy, the (A) EXTENSION OF EXEMPTION.—A small re- the equivalent of 1 gallon of renewable fuel Secretary of Agriculture, and the Adminis- finery may at any time petition the Presi- multiplied by the ratio that— trator of the Environmental Protection dent for an extension of the exemption under (A) the number of British thermal units of Agency, may waive the requirements of sub- paragraph (1) for the reason of dispropor- energy produced by the combustion of 1 gal- section (a) in whole or in part on petition by tionate economic hardship. lon of the advanced biofuel (as measured one or more States by reducing the national (B) EVALUATION OF PETITIONS.—In evalu- under conditions determined by the Sec- quantity of renewable fuel required under ating a petition under subparagraph (A), the retary); bears to subsection (a), based on a determination by President, in consultation with the Sec- (B) the number of British thermal units of the President (after public notice and oppor- retary, shall consider the findings of the energy produced by the combustion of 1 gal- tunity for comment), that— study under paragraph (1)(B) and other eco- lon of pure ethanol (as measured under con- (A) implementation of the requirement nomic factors. ditions determined by the Secretary to be would severely harm the economy or envi- (C) DEADLINE FOR ACTION ON PETITIONS.— comparable to conditions described in sub- ronment of a State, a region, or the United The President shall act on any petition sub- paragraph (A)). States; or mitted by a small refinery for a hardship ex- (3) TRANSITIONAL ENERGY-RELATED CONVER- (B) extreme and unusual circumstances emption not later than 90 days after the date SION FACTORS FOR CELLULOSIC BIOMASS ETH- exist that prevent distribution of an ade- of receipt of the petition.

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(3) OPT-IN FOR SMALL REFINERIES.—A small Subtitle B—Renewable Fuels Infrastructure (2) PARTNERS.—An applicant under para- refinery shall be subject to the requirements SEC. 121. INFRASTRUCTURE PILOT PROGRAM graph (1) may carry out a project under the of subsection (a) if the small refinery noti- FOR RENEWABLE FUELS. pilot program in partnership with public and fies the President that the small refinery (a) IN GENERAL.—The Secretary, in con- private entities. waives the exemption under paragraph (1). sultation with the Secretary of Transpor- (d) SELECTION CRITERIA.—In evaluating ap- (h) PENALTIES AND ENFORCEMENT.— tation and the Administrator of the Environ- plications under the pilot program, the Sec- (1) CIVIL PENALTIES.— mental Protection Agency, shall establish a retary shall— (A) IN GENERAL.—Any person that violates competitive grant pilot program (referred to (1) consider the experience of each appli- a regulation promulgated under subsection in this section as the ‘‘pilot program’’), to be cant with previous, similar projects; and (a), or that fails to furnish any information administered through the Vehicle Tech- (2) give priority consideration to applica- required under such a regulation, shall be nology Deployment Program of the Depart- tions that— liable to the United States for a civil penalty ment of Energy, to provide not more than 10 (A) are most likely to maximize displace- of not more than the total of— geographically-dispersed project grants to ment of petroleum consumption, measured (i) $25,000 for each day of the violation; and State governments, Indian tribal govern- as a total quantity and a percentage; (ii) the amount of economic benefit or sav- ments, local governments, metropolitan (B) are best able to incorporate existing in- ings received by the person resulting from transportation authorities, or partnerships frastructure while maximizing, to the extent the violation, as determined by the Presi- of those entities to carry out 1 or more practicable, the use of advanced biofuels; dent. projects for the purposes described in sub- (C) demonstrate the greatest commitment (B) COLLECTION.—Civil penalties under sub- section (b). on the part of the applicant to ensure fund- paragraph (A) shall be assessed by, and col- (b) GRANT PURPOSES.—A grant under this ing for the proposed project and the greatest lected in a civil action brought by, the Sec- section shall be used for the establishment of likelihood that the project will be main- retary or such other officer of the United refueling infrastructure corridors, as des- tained or expanded after Federal assistance States as is designated by the President. ignated by the Secretary, for gasoline blends under this subsection is completed; (2) INJUNCTIVE AUTHORITY.— that contain not less than 11 percent, and (D) represent a partnership of public and (A) IN GENERAL.—The district courts of the not more than 85 percent, renewable fuel or private entities; and United States shall have jurisdiction to— diesel fuel that contains at least 10 percent (E) exceed the minimum requirements of (i) restrain a violation of a regulation pro- renewable fuel, including— subsection (c)(1)(B). mulgated under subsection (a); (1) installation of infrastructure and equip- (e) PILOT PROJECT REQUIREMENTS.— (ii) award other appropriate relief; and ment necessary to ensure adequate distribu- (1) MAXIMUM AMOUNT.—The Secretary shall (iii) compel the furnishing of information tion of renewable fuels within the corridor; provide not more than $20,000,000 in Federal required under the regulation. (2) installation of infrastructure and equip- assistance under the pilot program to any (B) ACTIONS.—An action to restrain such ment necessary to directly support vehicles applicant. violations and compel such actions shall be powered by renewable fuels; and (2) COST SHARING.—The non-Federal share brought by and in the name of the United (3) operation and maintenance of infra- of the cost of any activity relating to renew- States. structure and equipment installed as part of able fuel infrastructure development carried (C) SUBPOENAS.—In the action, a subpoena a project funded by the grant. out using funds from a grant under this sec- for a witness who is required to attend a dis- (c) APPLICATIONS.— tion shall be not less than 20 percent. trict court in any district may apply in any (1) REQUIREMENTS.— (3) MAXIMUM PERIOD OF GRANTS.—The Sec- other district. (A) IN GENERAL.—Subject to subparagraph retary shall not provide funds to any appli- (B), not later than 90 days after the date of cant under the pilot program for more than (i) VOLUNTARY LABELING PROGRAM.— enactment of this Act, the Secretary shall 2 years. (1) IN GENERAL.—The President shall estab- issue requirements for use in applying for (4) DEPLOYMENT AND DISTRIBUTION.—The lish criteria for a system of voluntary label- grants under the pilot program. Secretary shall seek, to the maximum extent ing of renewable fuels based on life cycle (B) MINIMUM REQUIREMENTS.—At a min- practicable, to ensure a broad geographic greenhouse gas emissions. imum, the Secretary shall require that an distribution of project sites funded by grants (2) CONSUMER EDUCATION.—The President application for a grant under this section— under this section. shall ensure that the labeling system under (i) be submitted by— (5) TRANSFER OF INFORMATION AND KNOWL- this subsection provides useful information (I) the head of a State, tribal, or local gov- EDGE.—The Secretary shall establish mecha- to consumers making fuel purchases. ernment or a metropolitan transportation nisms to ensure that the information and (3) FLEXIBILITY.—In carrying out this sub- authority, or any combination of those enti- knowledge gained by participants in the section, the President may establish more ties; and pilot program are transferred among the than 1 label, as appropriate. (II) a registered participant in the Vehicle pilot program participants and to other in- (j) EFFECTIVE DATE.—Except as otherwise Technology Deployment Program of the De- terested parties, including other applicants specifically provided in this section, this sec- partment of Energy; and that submitted applications. tion takes effect on January 1, 2008. (ii) include— (f) SCHEDULE.— (I) a description of the project proposed in (1) INITIAL GRANTS.— SEC. 112. PRODUCTION OF RENEWABLE FUEL USING RENEWABLE ENERGY. the application, including the ways in which (A) IN GENERAL.—Not later than 90 days the project meets the requirements of this after the date of enactment of this Act, the (a) DEFINITIONS.—In this section: section; Secretary shall publish in the Federal Reg- (1) FACILITY.—The term ‘‘facility’’ means a (II) an estimate of the degree of use of the ister, Commerce Business Daily, and such facility used for the production of renewable project, including the estimated size of fleet other publications as the Secretary considers fuel. of vehicles operated with renewable fuel to be appropriate, a notice and request for (2) RENEWABLE ENERGY.— available within the geographic region of the applications to carry out projects under the (A) IN GENERAL.—The term ‘‘renewable en- corridor, measured as a total quantity and a pilot program. ergy’’ has the meaning given the term in sec- percentage; (B) DEADLINE.—An application described in tion 203(b) of the Energy Policy Act of 2005 (III) an estimate of the potential petro- subparagraph (A) shall be submitted to the (42 U.S.C. 15852(b)). leum displaced as a result of the project Secretary by not later than 180 days after (B) INCLUSION.—The term ‘‘renewable en- (measured as a total quantity and a percent- the date of publication of the notice under ergy’’ includes biogas produced through the age), and a plan to collect and disseminate that subparagraph. conversion of organic matter from renewable petroleum displacement and other relevant (C) INITIAL SELECTION.—Not later than 90 biomass. data relating to the project to be funded days after the date by which applications for (b) ADDITIONAL CREDIT.— under the grant, over the expected life of the grants are due under subparagraph (B), the (1) IN GENERAL.—The President shall pro- project; Secretary shall select by competitive, peer- vide a credit under the program established (IV) a description of the means by which reviewed proposal up to 5 applications for under section 111(d) to the owner of a facility the project will be sustainable without Fed- projects to be awarded a grant under the that uses renewable energy to displace more eral assistance after the completion of the pilot program. than 90 percent of the fossil fuel normally term of the grant; (2) ADDITIONAL GRANTS.— used in the production of renewable fuel. (V) a complete description of the costs of (A) IN GENERAL.—Not later than 2 years (2) CREDIT AMOUNT.—The President may the project, including acquisition, construc- after the date of enactment of this Act, the provide the credit in a quantity that is not tion, operation, and maintenance costs over Secretary shall publish in the Federal Reg- more than the equivalent of 1.5 gallons of re- the expected life of the project; and ister, Commerce Business Daily, and such newable fuel for each gallon of renewable (VI) a description of which costs of the other publications as the Secretary considers fuel produced in a facility described in para- project will be supported by Federal assist- to be appropriate, a notice and request for graph (1). ance under this subsection. additional applications to carry out projects

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under the pilot program that incorporate the ‘‘(2) REQUIREMENTS.—A project under this ‘‘(c) AMOUNT.— information and knowledge obtained through subsection shall employ new or significantly ‘‘(1) IN GENERAL.—Subject to paragraph (2), the implementation of the first round of improved technologies for the production of the Secretary shall guarantee up to 100 per- projects authorized under the pilot program. renewable fuels as compared to commercial cent of the principal and interest due on 1 or (B) DEADLINE.—An application described in technologies in service in the United States more loans for a facility that are the subject subparagraph (A) shall be submitted to the at the time that the guarantee is issued. of the guarantee. Secretary by not later than 180 days after ‘‘(3) ISSUANCE OF FIRST LOAN GUARANTEES.— ‘‘(2) LIMITATION.—The total amount of the date of publication of the notice under The requirement of section 20320(b) of divi- loans guaranteed for a facility by the Sec- that subparagraph. sion B of the Continuing Appropriations Res- retary shall not exceed 80 percent of the (C) INITIAL SELECTION.—Not later than 90 olution, 2007 (Public Law 109–289, Public Law total cost of the facility, as estimated at the days after the date by which applications for 110–5), relating to the issuance of final regu- time at which the guarantee is issued.’’. grants are due under subparagraph (B), the lations, shall not apply to the first 6 guaran- (4) SUBROGATION.—Section 1702(g)(2) of the Secretary shall select by competitive, peer- tees issued under this subsection. Energy Policy Act of 2005 (42 U.S.C. reviewed proposal such additional applica- ‘‘(4) PROJECT DESIGN.—A project for which 16512(g)(2)) is amended— tions for projects to be awarded a grant a guarantee is made under this subsection (A) by striking subparagraph (B); and under the pilot program as the Secretary de- shall have a project design that has been (B) by redesignating subparagraph (C) as termines to be appropriate. validated through the operation of a contin- subparagraph (B). (g) REPORTS TO CONGRESS.— uous process pilot facility with an annual (5) FEES.—Section 1702(h) of the Energy (1) INITIAL REPORT.—Not later than 60 days output of at least 50,000 gallons of ethanol or Policy Act of 2005 (42 U.S.C. 16512(h)) is after the date on which grants are awarded the energy equivalent volume of other ad- amended by striking paragraph (2) and in- under this section, the Secretary shall sub- vanced biofuels. serting the following: mit to Congress a report containing— ‘‘(5) MAXIMUM GUARANTEED PRINCIPAL.—The ‘‘(2) AVAILABILITY.—Fees collected under (A) an identification of the grant recipi- total principal amount of a loan guaranteed this subsection shall— ents and a description of the projects to be under this subsection may not exceed ‘‘(A) be deposited by the Secretary into a funded under the pilot program; $250,000,000 for a single facility. special fund in the Treasury to be known as (B) an identification of other applicants ‘‘(6) AMOUNT OF GUARANTEE.—The Sec- the ‘Incentives For Innovative Technologies that submitted applications for the pilot pro- retary shall guarantee 100 percent of the Fund’; and gram but to which funding was not provided; principal and interest due on 1 or more loans ‘‘(B) remain available to the Secretary for and made for a facility that is the subject of the expenditure, without further appropriation (C) a description of the mechanisms used guarantee under paragraph (3). or fiscal year limitation, for administrative by the Secretary to ensure that the informa- ‘‘(7) DEADLINE.—The Secretary shall ap- expenses incurred in carrying out this tion and knowledge gained by participants in prove or disapprove an application for a title.’’. the pilot program are transferred among the guarantee under this subsection not later SEC. 125. GRANTS FOR RENEWABLE FUEL PRO- pilot program participants and to other in- than 90 days after the date of receipt of the DUCTION RESEARCH AND DEVELOP- terested parties, including other applicants application. MENT IN CERTAIN STATES. that submitted applications. ‘‘(8) REPORT.—Not later than 30 days after (a) IN GENERAL.—The Secretary shall pro- (2) EVALUATION.—Not later than 2 years approving or disapproving an application vide grants to eligible entities to conduct re- after the date of enactment of this Act, and under paragraph (7), the Secretary shall sub- search into, and develop and implement, re- annually thereafter until the termination of mit to Congress a report on the approval or newable fuel production technologies in the pilot program, the Secretary shall sub- disapproval (including the reasons for the ac- States with low rates of ethanol production, mit to Congress a report containing an eval- tion).’’. including low rates of production of cellu- uation of the effectiveness of the pilot pro- (b) IMPROVEMENTS TO UNDERLYING LOAN losic biomass ethanol, as determined by the gram, including an assessment of the petro- GUARANTEE AUTHORITY.— Secretary. (b) ELIGIBILITY.—To be eligible to receive a leum displacement and benefits to the envi- (1) DEFINITION OF COMMERCIAL TECH- grant under the section, an entity shall— ronment derived from the projects included NOLOGY.—Section 1701(1) of the Energy Pol- in the pilot program. icy Act of 2005 (42 U.S.C. 16511(1)) is amended (1)(A) be an institution of higher education (h) AUTHORIZATION OF APPROPRIATIONS.— by striking subparagraph (B) and inserting (as defined in section 2 of the Energy Policy There is authorized to be appropriated to the the following: Act of 2005 (42 U.S.C. 15801)) located in a State described in subsection (a); Secretary to carry out this section ‘‘(B) EXCLUSION.—The term ‘commercial $200,000,000, to remain available until ex- technology’ does not include a technology if (B) be an institution— pended. the sole use of the technology is in connec- (i) referred to in section 532 of the Equity SEC. 122. BIOENERGY RESEARCH AND DEVELOP- tion with— in Educational Land-Grant Status Act of MENT. ‘‘(i) a demonstration plant; or 1994 (Public Law 103–382; 7 U.S.C. 301 note); Section 931(c) of the Energy Policy Act of ‘‘(ii) a project for which the Secretary ap- (ii) that is eligible for a grant under the 2005 (42 U.S.C. 16231(c)) is amended— proved a loan guarantee.’’. Tribally Controlled College or University As- (1) in paragraph (2), by striking sistance Act of 1978 (25 U.S.C. 1801 et seq.), (2) SPECIFIC APPROPRIATION OR CONTRIBU- ‘‘$251,000,000’’ and inserting ‘‘$377,000,000’’; including Dine´ College; or TION.—Section 1702 of the Energy Policy Act and of 2005 (42 U.S.C. 16512) is amended by strik- (iii) that is eligible for a grant under the (2) in paragraph (3), by striking ing subsection (b) and inserting the fol- Navajo Community College Act (25 U.S.C. ‘‘$274,000,000’’ and inserting ‘‘$398,000,000’’. lowing: 640a et seq.); or SEC. 123. BIORESEARCH CENTERS FOR SYSTEMS (C) be a consortium of such institutions of ‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBU- BIOLOGY PROGRAM. higher education, industry, State agencies, TION.— Section 977(a)(1) of the Energy Policy Act Indian tribal agencies, or local government ‘‘(1) IN GENERAL.—No guarantee shall be of 2005 (42 U.S.C. 16317(a)(1)) is amended by made unless— agencies located in the State; and inserting before the period at the end the fol- (2) have proven experience and capabilities lowing: ‘‘, including the establishment of at ‘‘(A) an appropriation for the cost has been made; or with relevant technologies. least 11 bioresearch centers of varying sizes, (c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) the Secretary has received from the as appropriate, that focus on biofuels, of There is authorized to be appropriated to which at least 2 centers shall be located in borrower a payment in full for the cost of carry out this section $25,000,000 for each of each of the 4 Petroleum Administration for the obligation and deposited the payment fiscal years 2008 through 2010. into the Treasury. Defense Districts with no subdistricts and 1 SEC. 126. GRANTS FOR INFRASTRUCTURE FOR center shall be located in each of the subdis- ‘‘(2) LIMITATION.—The source of payments TRANSPORTATION OF BIOMASS TO tricts of the Petroleum Administration for received from a borrower under paragraph LOCAL BIOREFINERIES. Defense District with subdistricts’’. (1)(B) shall not be a loan or other debt obli- (a) IN GENERAL.—The Secretary shall con- SEC. 124. LOAN GUARANTEES FOR RENEWABLE gation that is made or guaranteed by the duct a program under which the Secretary FUEL FACILITIES. Federal Government. shall provide grants to Indian tribal and (a) IN GENERAL.—Section 1703 of the En- ‘‘(3) RELATION TO OTHER LAWS.—Section local governments and other eligible entities ergy Policy Act of 2005 (42 U.S.C. 16513) is 504(b) of the Federal Credit Reform Act of (as determined by the Secretary) (referred to amended by adding at the end the following: 1990 (2 U.S.C. 661c(b)) shall not apply to a in this section as ‘‘eligible entities’’) to pro- ‘‘(f) RENEWABLE FUEL FACILITIES.— loan or loan guarantee made in accordance mote the development of infrastructure to ‘‘(1) IN GENERAL.—The Secretary may make with paragraph (1)(B).’’. support the separation, production, proc- guarantees under this title for projects that (3) AMOUNT.—Section 1702 of the Energy essing, and transportation of biomass to produce advanced biofuel (as defined in sec- Policy Act of 2005 (42 U.S.C. 16512) is amend- local biorefineries. tion 102 of the Biofuels for Energy Security ed by striking subsection (c) and inserting (b) PHASES.—The Secretary shall conduct and Transportation Act of 2007). the following: the program in the following phases:

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(1) DEVELOPMENT.—In the first phase of the certified to meet applicable standards pub- rative and exhaust emissions from on-road, program, the Secretary shall make grants to lished by the American Society for Testing off-road, and marine engines, recreational eligible entities to assist the eligible entities and Materials. boats, vehicles, and equipment; in the development of local projects to pro- (c) NATIONAL BIODIESEL FUEL QUALITY (5) an evaluation of the impacts of mid- mote the development of infrastructure to STANDARD.— level ethanol blends on the operation, dura- support the separation, production, proc- (1) QUALITY REGULATIONS.—Within 180 days bility, and performance of on-road, off-road, essing, and transportation of biomass to following the date of enactment of this Act, and marine engines, recreational boats, vehi- local biorefineries. the President shall promulgate regulations cles, and equipment; and (2) IMPLEMENTATION.—In the second phase to ensure that only biodiesel that is tested (6) an evaluation of the safety impacts of of the program, the Secretary shall make and certified to comply with the American mid-level ethanol blends on consumers that competitive grants to eligible entities to im- Society for Testing and Materials (ASTM) own and operate off-road and marine en- plement projects developed under paragraph 6751 standard is introduced into interstate gines, recreational boats, vehicles, or equip- (1). commerce. ment. (c) AUTHORIZATION OF APPROPRIATIONS.— (2) ENFORCEMENT.—The President shall en- (c) REPORT.—Not later than 1 year after There are authorized to be appropriated such sure that all biodiesel entering interstate the date of enactment of this Act, the Sec- sums as are necessary to carry out this sec- commerce meets the requirements of para- retary shall submit to Congress a report de- tion. graph (1). scribing the results of the study conducted SEC. 127. BIOREFINERY INFORMATION CENTER. (3) FUNDING.—There are authorized to be under this section. (a) IN GENERAL.—The Secretary, in co- appropriated to the President to carry out SEC. 143. PIPELINE FEASIBILITY STUDY. operation with the Secretary of Agriculture, this section: (a) IN GENERAL.—The Secretary, in coordi- shall establish a biorefinery information (A) $3,000,000 for fiscal year 2008. nation with the Secretary of Agriculture and center to make available to interested par- (B) $3,000,000 for fiscal year 2009. the Secretary of Transportation, shall con- ties information on— (C) $3,000,000 for fiscal year 2010. duct a study of the feasibility of the con- (1) renewable fuel resources, including in- Subtitle C—Studies struction of dedicated ethanol pipelines. formation on programs and incentives for re- (b) FACTORS.—In conducting the study, the SEC. 141. STUDY OF ADVANCED BIOFUELS TECH- Secretary shall consider— newable fuels; NOLOGIES. (1) the quantity of ethanol production that (2) renewable fuel producers; (a) IN GENERAL.—Not later than October 1, would make dedicated pipelines economi- (3) renewable fuel users; and 2012, the Secretary shall offer to enter into a cally viable; (4) potential renewable fuel users. contract with the National Academy of (2) existing or potential barriers to dedi- (b) ADMINISTRATION.—In administering the Sciences under which the Academy shall cated ethanol pipelines, including technical, biorefinery information center, the Sec- conduct a study of technologies relating to siting, financing, and regulatory barriers; retary shall— the production, transportation, and distribu- (3) market risk (including throughput risk) (1) continually update information pro- tion of advanced biofuels. and means of mitigating the risk; vided by the center; (b) SCOPE.—In conducting the study, the (4) regulatory, financing, and siting op- (2) make information available to inter- Academy shall— tions that would mitigate risk in those areas ested parties on the process for establishing (1) include an assessment of the maturity and help ensure the construction of 1 or a biorefinery; and of advanced biofuels technologies; more dedicated ethanol pipelines; (3) make information and assistance pro- (2) consider whether the rate of develop- (5) financial incentives that may be nec- vided by the center available through a toll- ment of those technologies will be sufficient essary for the construction of dedicated eth- free telephone number and website. to meet the advanced biofuel standards re- anol pipelines, including the return on eq- (c) AUTHORIZATION OF APPROPRIATIONS.— quired under section 111; uity that sponsors of the initial dedicated There are authorized to be appropriated such (3) consider the effectiveness of the re- ethanol pipelines will require to invest in the sums as are necessary to carry out this sec- search and development programs and ac- pipelines; tion. tivities of the Department of Energy relating (6) technical factors that may compromise SEC. 128. ALTERNATIVE FUEL DATABASE AND to advanced biofuel technologies; and the safe transportation of ethanol in pipe- MATERIALS. (4) make policy recommendations to accel- lines, identifying remedial and preventative The Secretary and the Director of the Na- erate the development of those technologies measures to ensure pipeline integrity; and tional Institute of Standards and Technology to commercial viability, as appropriate. (7) such other factors as the Secretary con- shall jointly establish and make available to (c) REPORT.—Not later than November 30, the public— 2014, the Secretary shall submit to the Com- siders appropriate. (c) REPORT.—Not later than 15 months (1) a database that describes the physical mittee on Energy and Natural Resources of after the date of enactment of this Act, the properties of different types of alternative the Senate and the Committee on Energy Secretary shall submit to Congress a report fuel; and and Commerce of the House of Representa- (2) standard reference materials for dif- describing the results of the study conducted tives a report describing the results of the under this section. ferent types of alternative fuel. study conducted under this section. SEC. 144. STUDY OF OPTIMIZATION OF FLEXIBLE SEC. 129. FUEL TANK CAP LABELING REQUIRE- SEC. 142. STUDY OF INCREASED CONSUMPTION FUELED VEHICLES TO USE E–85 MENT. OF ETHANOL-BLENDED GASOLINE FUEL. Section 406(a) of the Energy Policy Act of WITH HIGHER LEVELS OF ETHANOL. (a) IN GENERAL.—The Secretary shall con- 1992 (42 U.S.C. 13232(a)) is amended— (a) IN GENERAL.—The Secretary, in co- duct a study of methods of increasing the (1) by striking ‘‘The Federal Trade Com- operation with the Secretary of Agriculture, fuel efficiency of flexible fueled vehicles by mission’’ and inserting the following: the Administrator of the Environmental optimizing flexible fueled vehicles to operate ‘‘(1) IN GENERAL.—The Federal Trade Com- Protection Agency, and the Secretary of using E–85 fuel. mission’’; and Transportation, and after providing notice (b) REPORT.—Not later than 180 days after (2) by adding at the end the following: and an opportunity for public comment, the date of enactment of this Act, the Sec- ‘‘(2) FUEL TANK CAP LABELING REQUIRE- shall conduct a study of the feasibility of in- retary shall submit to the Committee on En- MENT.—Beginning with model year 2010, the creasing consumption in the United States of ergy and Natural Resources of the Senate fuel tank cap of each alternative fueled vehi- ethanol-blended gasoline with levels of eth- and the Committee on Natural Resources of cle manufactured for sale in the United anol that are not less than 10 percent and the House of Representatives a report that States shall be clearly labeled to inform con- not more than 40 percent. describes the results of the study, including sumers that such vehicle can operate on al- (b) STUDY.—The study under subsection (a) any recommendations of the Secretary. ternative fuel.’’. shall include— SEC. 145. STUDY OF CREDITS FOR USE OF RE- SEC. 130. BIODIESEL. (1) a review of production and infrastruc- NEWABLE ELECTRICITY IN ELEC- (a) IN GENERAL.—Not later than 180 days ture constraints on increasing consumption TRIC VEHICLES. after the date of enactment of this Act, the of ethanol; (a) DEFINITION OF ELECTRIC VEHICLE.—In Secretary shall submit to Congress a report (2) an evaluation of the economic, market, this section, the term ‘‘electric vehicle’’ on any research and development challenges and energy-related impacts of State and re- means an electric motor vehicle (as defined inherent in increasing to 5 percent the pro- gional differences in ethanol blends; in section 601 of the Energy Policy Act of portion of diesel fuel sold in the United (3) an evaluation of the economic, market, 1992 (42 U.S.C. 13271)) for which the recharge- States that is biodiesel (as defined in section and energy-related impacts on gasoline re- able storage battery— 757 of the Energy Policy Act of 2005 (42 U.S.C. tailers and consumers of separate and dis- (1) receives a charge directly from a source 16105)). tinctly labeled fuel storage facilities and dis- of electric current that is external to the ve- (b) REGULATIONS.—The President shall pro- pensers; hicle; and mulgate regulations providing for the uni- (4) an evaluation of the environmental im- (2) provides a minimum of 80 percent of the form labeling of biodiesel blends that are pacts of mid-level ethanol blends on evapo- motive power of the vehicle.

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(b) STUDY.—The Secretary shall conduct a (1) published methods for evaluating the (b) REPORT.—Not later than 180 days after study on the feasibility of issuing credits lifecycle fossil and renewable carbon content the date of enactment of this Act, the Sec- under the program established under section of fuels, including conventional and ad- retary shall submit to the Committee on En- 111(d) to electric vehicles powered by elec- vanced biofuels; and ergy and Natural Resources of the Senate tricity produced from renewable energy (2) methods for performing simplified, and the Committee on Energy and Commerce sources. streamlined lifecycle analyses of the fossil of the House of Representatives a report that (c) REPORT.—Not later than 18 months and renewable carbon content of biofuels. describes the results of the study conducted after the date of enactment of this Act, the (b) REPORT.—Not later than 1 year after under subsection (a). Secretary shall submit to the Committee on the date of enactment of this Act, the Sec- SEC. 150. STUDY OF EFFECTS OF ETHANOL- Energy and Natural Resources of the Senate retary shall submit to the Committee on En- BLENDED GASOLINE ON OFF ROAD and the Committee on Energy and Commerce ergy and Natural Resources of the Senate VEHICLES. of the House of Representatives a report that and the Committee on Energy and Commerce (a) STUDY.— describes the results of the study, including of the House of Representatives a report that (1) IN GENERAL.—The Secretary, in con- a description of— describes the results of the study under sub- sultation with the Secretary of Transpor- (1) existing programs and studies on the section (a), including recommendations for a tation and the Administrator of the Environ- use of renewable electricity as a means of method for performing a simplified, stream- mental Protection Agency, shall conduct a powering electric vehicles; and lined lifecycle analysis of the fossil and re- study to determine the effects of ethanol- (2) alternatives for— newable carbon content of biofuels that in- blended gasoline on off-road vehicles and rec- (A) designing a pilot program to determine cludes— reational boats. the feasibility of using renewable electricity (1) carbon inputs to feedstock production; (2) EVALUATION.—The study shall include to power electric vehicles as an adjunct to a and an evaluation of the operational, safety, du- renewable fuels mandate; (2) carbon inputs to the biofuel production rability, and environmental impacts of eth- (B) allowing the use, under the pilot pro- process, including the carbon associated with anol-blended gasoline on off-road and marine gram designed under subparagraph (A), of electrical and thermal energy inputs. engines, recreational boats, and related equipment. electricity generated from nuclear energy as SEC. 149. STUDY OF THE ADEQUACY OF RAIL- an additional source of supply; (b) REPORT.—Not later than 1 year after ROAD TRANSPORTATION OF DOMES- the date of enactment of this Act, the Sec- (C) identifying the source of electricity TICALLY-PRODUCED RENEWABLE used to power electric vehicles; and FUEL. retary shall submit to Congress a report de- scribing the results of the study. (D) equating specific quantities of elec- (a) STUDY.— tricity to quantities of renewable fuel under (1) IN GENERAL.—The Secretary, in con- TITLE II—ENERGY EFFICIENCY section 111(d). sultation with the Secretary of Transpor- PROMOTION SEC. 146. STUDY OF ENGINE DURABILITY ASSOCI- tation, shall conduct a study of the adequacy SEC. 201. SHORT TITLE. ATED WITH THE USE OF BIODIESEL. of railroad transportation of domestically- This title may be cited as the ‘‘Energy Ef- (a) IN GENERAL.—Not later than 30 days produced renewable fuel. ficiency Promotion Act of 2007’’. after the date of enactment of this Act, the (2) COMPONENTS.—In conducting the study SEC. 202. DEFINITION OF SECRETARY. Secretary shall initiate a study on the ef- under paragraph (1), the Secretary shall con- In this title, the term ‘‘Secretary’’ means fects of the use of biodiesel on engine dura- sider— the Secretary of Energy. bility. (A) the adequacy of, and appropriate loca- Subtitle A—Promoting Advanced Lighting (b) COMPONENTS.—The study under this tion for, tracks that have sufficient capac- Technologies section shall include— ity, and are in the appropriate condition, to SEC. 211. ACCELERATED PROCUREMENT OF EN- (1) an assessment of whether the use of bio- move the necessary quantities of domesti- ERGY EFFICIENT LIGHTING. diesel in conventional diesel engines lessens cally-produced renewable fuel within the Section 553 of the National Energy Con- engine durability; and timeframes required by section 111; servation Policy Act (42 U.S.C. 8259b) is (2) an assessment of the effects referred to (B) the adequacy of the supply of railroad amended by adding the following: in subsection (a) with respect to biodiesel tank cars, locomotives, and rail crews to ‘‘(f) ACCELERATED PROCUREMENT OF ENERGY blends at varying concentrations, includ- move the necessary quantities of domesti- EFFICIENT LIGHTING.— ing— cally-produced renewable fuel in a timely ‘‘(1) IN GENERAL.—Not later than October 1, (A) B5; fashion; 2013, in accordance with guidelines issued by (B) B10; (C)(i) the projected costs of moving the do- the Secretary, all general purpose lighting in (C) B20; and mestically-produced renewable fuel using Federal buildings shall be Energy Star prod- (D) B30. railroad transportation; and ucts or products designated under the Fed- SEC. 147. STUDY OF INCENTIVES FOR RENEW- (ii) the impact of the projected costs on the eral Energy Management Program. ABLE FUELS. marketability of the domestically-produced ‘‘(2) GUIDELINES.— (a) STUDY.—The President shall conduct a renewable fuel; ‘‘(A) IN GENERAL.—Not later than 1 year study of the renewable fuels industry and (D) whether there is adequate railroad after the date of enactment of this sub- markets in the United States, including— competition to ensure— section, the Secretary shall issue guidelines (1) the costs to produce conventional and (i) a fair price for the railroad transpor- to carry out this subsection. advanced biofuels; tation of domestically-produced renewable ‘‘(B) REPLACEMENT COSTS.—The guidelines (2) the factors affecting the future market fuel; and shall take into consideration the costs of re- prices for those biofuels, including world oil (ii) acceptable levels of service for railroad placing all general service lighting and the prices; and transportation of domestically-produced re- reduced cost of operation and maintenance (3) the financial incentives necessary to newable fuel; expected to result from such replacement.’’. enhance, to the maximum extent prac- (E) any rail infrastructure capital costs SEC. 212. INCANDESCENT REFLECTOR LAMP EF- ticable, the biofuels industry of the United that the railroads indicate should be paid by FICIENCY STANDARDS. States to reduce the dependence of the the producers or distributors of domesti- (a) DEFINITIONS.—Section 321 of the Energy United States on foreign oil during calendar cally-produced renewable fuel; Policy and Conservation Act (42 U.S.C. 6291) years 2011 through 2030. (F) whether Federal agencies have ade- is amended— (b) GOALS.—The study shall include an quate legal authority to ensure a fair and (1) in paragraph (30)(C)(ii)— analysis of the options for financial incen- reasonable transportation price and accept- (A) in the matter preceding subclause (I)— tives and the advantage and disadvantages of able levels of service in cases in which the (i) by striking ‘‘or similar bulb shapes (ex- each option. domestically-produced renewable fuel source cluding ER or BR)’’ and inserting ‘‘ER, BR, (c) REPORT.—Not later than 1 year after does not have access to competitive rail BPAR, or similar bulb shapes’’; and the date of enactment of this Act, the Presi- service; (ii) by striking ‘‘2.75’’ and inserting ‘‘2.25’’; dent shall submit to Congress a report that (G) whether Federal agencies have ade- and describes the results of the study. quate legal authority to address railroad (B) by striking ‘‘is either—’’ and all that SEC. 148. STUDY OF STREAMLINED LIFECYCLE service problems that may be resulting in in- follows through subclause (II) and inserting ANALYSIS TOOLS FOR THE EVALUA- adequate supplies of domestically-produced ‘‘has a rated wattage that is 40 watts or TION OF RENEWABLE CARBON CON- renewable fuel in any area of the United higher’’; and TENT OF BIOFUELS. States; and (2) by adding at the end the following: (a) IN GENERAL.—The Secretary, in con- (H) any recommendations for any addi- ‘‘(52) BPAR INCANDESCENT REFLECTOR sultation with the Secretary of Agriculture tional legal authorities for Federal agencies LAMP.—The term ‘BPAR incandescent reflec- and the Administrator of the Environmental to ensure the reliable railroad transpor- tor lamp’ means a reflector lamp as shown in Protection Agency, shall conduct a study tation of adequate supplies of domestically- figure C78.21–278 on page 32 of ANSI C78.21– of— produced renewable fuel at reasonable prices. 2003.

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‘‘(53) BR INCANDESCENT REFLECTOR LAMP; ‘‘(54) ER INCANDESCENT REFLECTOR LAMP; means a reflector lamp that has a face di- BR30; BR40.— ER30; ER40.— ameter of approximately 2.5 inches, as shown ‘‘(A) BR INCANDESCENT REFLECTOR LAMP.— ‘‘(A) ER INCANDESCENT REFLECTOR LAMP.— in figure 1(R) on page 7 of ANSI C79.1–1994.’’. The term ‘BR incandescent reflector lamp’ The term ‘ER incandescent reflector lamp’ (b) STANDARDS FOR FLUORESCENT LAMPS means a reflector lamp that has— means a reflector lamp that has— AND INCANDESCENT REFLECTOR LAMPS.—Sec- ‘‘(i) a bulged section below the major di- ‘‘(i) an elliptical section below the major ameter of the bulb and above the approxi- diameter of the bulb and above the approxi- tion 325(i) of the Energy Policy and Con- mate baseline of the bulb, as shown in figure mate baseline of the bulb, as shown in figure servation Act (42 U.S.C. 6925(i)) is amended 1 (RB) on page 7 of ANSI C79.1–1994, incor- 1 (RE) on page 7 of ANSI C79.1–1994, incor- by striking paragraph (1) and inserting the porated by reference in section 430.22 of title porated by reference in section 430.22 of title following: 10, Code of Federal Regulations (as in effect 10, Code of Federal Regulations (as in effect ‘‘(1) STANDARDS.— on the date of enactment of this paragraph); on the date of enactment of this paragraph); ‘‘(A) DEFINITION OF EFFECTIVE DATE.—In and and this paragraph (other than subparagraph ‘‘(ii) a finished size and shape shown in ‘‘(ii) a finished size and shape shown in (D)), the term ‘effective date’ means, with re- ANSI C78.21–1989, including the referenced ANSI C78.21–1989, incorporated by reference spect to each type of lamp specified in a reflective characteristics in part 7 of ANSI in section 430.22 of title 10, Code of Federal table contained in subparagraph (B), the last C78.21–1989, incorporated by reference in sec- Regulations (as in effect on the date of en- day of the period of months corresponding to tion 430.22 of title 10, Code of Federal Regula- actment of this paragraph). that type of lamp (as specified in the table) tions (as in effect on the date of enactment ‘‘(B) ER30.—The term ‘ER30’ means an ER that follows October 24, 1992. of this paragraph). incandescent reflector lamp with a diameter ‘‘(B) MINIMUM STANDARDS.—Each of the fol- ‘‘(B) BR30.—The term ‘BR30’ means a BR of 30/8ths of an inch. lowing general service fluorescent lamps and incandescent reflector lamp with a diameter ‘‘(C) ER40.—The term ‘ER40’ means an ER incandescent reflector lamps manufactured of 30/8ths of an inch. incandescent reflector lamp with a diameter after the effective date specified in the ta- ‘‘(C) BR40.—The term ‘BR40’ means a BR of 40/8ths of an inch. bles contained in this paragraph shall meet incandescent reflector lamp with a diameter ‘‘(55) R20 INCANDESCENT REFLECTOR LAMP.— or exceed the following lamp efficacy and of 40/8ths of an inch. The term ‘R20 incandescent reflector lamp’ CRI standards: ‘‘FLUORESCENT LAMPS

Minimum Av- Effective Nominal Min- erage Lamp Date (Pe- Lamp Type Lamp imum Efficacy riod of Wattage CRI (LPW) Months)

4-foot medium bi-pin ...... >35 W 69 75.0 36 ≤35 W 45 75.0 36 2-foot U-shaped ...... >35 W 69 68.0 36 ≤35 W 45 64.0 36 8-foot slimline ...... 65 W 69 80.0 18 ≤65 W 45 80.0 18 8-foot high output ...... >100 W 69 80.0 18 ≤100 W 45 80.0 18

‘‘INCANDESCENT REFLECTOR SEC. 213. BRIGHT TOMORROW LIGHTING PRIZES. sion of 10,000 such units equal to or exceed- LAMPS (a) ESTABLISHMENT.—Not later than 1 year ing the criteria described in subparagraphs after the date of enactment of this Act, as (A) through (I). part of the program carried out under sec- (2) PAR TYPE 38 HALOGEN REPLACEMENT Min- tion 1008 of the Energy Policy Act of 2005 (42 imum Effective LAMP PRIZE.—The Secretary shall award a Nominal Lamp Watt- Average Date (Pe- U.S.C. 16396), the Secretary shall establish Parabolic Aluminized Reflector Type 38 and award Bright Tomorrow Lighting Prizes age Lamp Ef- riod of Halogen Replacement Lamp Prize (referred for solid state lighting in accordance with ficacy Months) to in this section as the ‘‘PAR Type 38 Halo- (LPW) this section. (b) PRIZE SPECIFICATIONS.— gen Replacement Lamp Prize’’) to an entrant that produces a solid-state-light package si- 40–50 ...... 10.5 36 (1) 60-WATT INCANDESCENT REPLACEMENT multaneously capable of— 51–66 ...... 11.0 36 LAMP PRIZE.—The Secretary shall award a 60- (A) producing a luminous flux greater than 67–85 ...... 12.5 36 Watt Incandescent Replacement Lamp Prize to an entrant that produces a solid-state or equal to 1,350 lumens; 86–115 ...... 14.0 36 light package simultaneously capable of— (B) consuming less than or equal to 11 116–155 ...... 14.5 36 (A) producing a luminous flux greater than watts; 156–205 ...... 15.0 36 900 lumens; (C) having an efficiency greater than 123 (B) consuming less than or equal to 10 lumens per watt; ‘‘(C) EXEMPTIONS.—The standards specified watts; (D) having a color rendering index greater in subparagraph (B) shall not apply to the (C) having an efficiency greater than 90 than or equal to 90; following types of incandescent reflector lumens per watt; (E) having a correlated color coordinate lamps: (D) having a color rendering index greater temperature of not less than 2,750, and not ‘‘(i) Lamps rated at 50 watts or less that than 90; more than 3,000, degrees Kelvin; are ER30, BR30, BR40, or ER40 lamps. (E) having a correlated color temperature (F) having 70 percent of the lumen value ‘‘(ii) Lamps rated at 65 watts that are of not less than 2,750, and not more than under subparagraph (A) exceeding 25,000 BR30, BR40, or ER40 lamps. 3,000, degrees Kelvin; hours under typical conditions expected in ‘‘(iii) R20 incandescent reflector lamps (F) having 70 percent of the lumen value residential use; rated 45 watts or less. under subparagraph (A) exceeding 25,000 ‘‘(D) EFFECTIVE DATES.— hours under typical conditions expected in (G) having a light distribution pattern ‘‘(i) ER, BR, AND BPAR LAMPS.—The stand- residential use; similar to a PAR 38 halogen lamp; ards specified in subparagraph (B) shall (G) having a light distribution pattern (H) having a size and shape that fits within apply with respect to ER incandescent re- similar to a soft 60-watt incandescent A19 the maximum dimensions of a PAR 38 halo- flector lamps, BR incandescent reflector bulb; gen lamp in accordance with American Na- lamps, BPAR incandescent reflector lamps, (H) having a size and shape that fits within tional Standards Institute standard C78–21– and similar bulb shapes on and after January the maximum dimensions of an A19 bulb in 2003, figure C78.21–238; 1, 2008. accordance with American National Stand- (I) using a single contact medium screw ‘‘(ii) LAMPS BETWEEN 2.25–2.75 INCHES IN DI- ards Institute standard C78.20–2003, figure socket; and AMETER.—The standards specified in subpara- C78.20–211; (J) mass production for a competitive sales graph (B) shall apply with respect to incan- (I) using a single contact medium screw commercial market satisfied by the submis- descent reflector lamps with a diameter of socket; and sion of 10,000 such units equal to or exceed- more than 2.25 inches, but not more than 2.75 (J) mass production for a competitive sales ing the criteria described in subparagraphs inches, on and after January 1, 2008.’’. commercial market satisfied by the submis- (A) through (I).

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(3) TWENTY-FIRST CENTURY LAMP PRIZE.— (h) BRIGHT LIGHT TOMORROW AWARD (B) private utility; The Secretary shall award a Twenty-First FUND.— (C) public utility; Century Lamp Prize to an entrant that pro- (1) ESTABLISHMENT.—There is established (D) municipal utility; duces a solid-state-light-light capable of— in the United States Treasury a Bright Light (E) cooperative utility; (A) producing a light output greater than Tomorrow permanent fund without fiscal (F) Indian tribes; and 1,200 lumens; year limitation to award prizes under para- (G) Regional Corporation (as defined in (B) having an efficiency greater than 150 graphs (1), (2), and (3) of subsection (b). section 3 of the Alaska Native Claims Settle- lumens per watt; (2) SOURCES OF FUNDING.—The fund estab- ment Act (43 U.S.C. 1602)). (C) having a color rendering index greater lished under paragraph (1) shall accept— (3) OCEAN ENERGY.— than 90; (A) fiscal year appropriations; and (A) INCLUSIONS.—The term ‘‘ocean energy’’ (D) having a color coordinate temperature (B) private contributions authorized under includes current, wave, and tidal energy. between 2,800 and 3,000 degrees Kelvin; and subsection (c). (B) EXCLUSION.—The term ‘‘ocean energy’’ (E) having a lifetime exceeding 25,000 (i) AUTHORIZATION OF APPROPRIATIONS.— excludes thermal energy. hours. There are authorized to be appropriated such (4) RENEWABLE ENERGY PROJECT.—The term (c) PRIVATE FUNDS.—The Secretary may sums as are necessary to carry out this sec- ‘‘renewable energy project’’ means a accept and use funding from private sources tion. project— as part of the prizes awarded under this sec- SEC. 214. SENSE OF SENATE CONCERNING EFFI- (A) for the commercial generation of elec- tion. CIENT LIGHTING STANDARDS. tricity; and (d) TECHNICAL REVIEW.—The Secretary (a) FINDINGS.—The Senate finds that— (B) that generates electricity from— shall establish a technical review committee (1) there are approximately 4,000,000,000 (i) solar, wind, or geothermal energy or composed of non-Federal officers to review screw-based sockets in the United States ocean energy; entrant data submitted under this section to that contain traditional, energy-inefficient, (ii) biomass (as defined in section 203(b) of determine whether the data meets the prize incandescent light bulbs; the Energy Policy Act of 2005 (42 U.S.C. specifications described in subsection (b). (e) THIRD PARTY ADMINISTRATION.—The (2) incandescent light bulbs are based on 15852(b))); Secretary may competitively select a third technology that is more than 125 years old; (iii) landfill gas; or party to administer awards under this sec- (3) there are radically more efficient light- (iv) Alaska small hydroelectric power. tion. ing alternatives in the market, with the (b) RENEWABLE ENERGY CONSTRUCTION (f) AWARD AMOUNTS.—Subject to the avail- promise of even more choices over the next GRANTS.— ability of funds to carry out this section, the several years; (1) IN GENERAL.—The Secretary shall use amount of— (4) national policy can support a rapid sub- amounts appropriated under this section to (1) the 60-Watt Incandescent Replacement stitution of new, energy-efficient light bulbs make grants for use in carrying out renew- Lamp Prize described in subsection (b)(1) for the less efficient products in widespread able energy projects. shall be $10,000,000; use; and, (2) CRITERIA.—Not later than 180 days after (2) the PAR Type 38 Halogen Replacement (5) transforming the United States market the date of enactment of this Act, the Sec- Lamp Prize described in subsection (b)(2) to use of more efficient lighting technologies retary shall set forth criteria for use in shall be $5,000,000; and can— awarding grants under this section. (3) the Twenty-First Century Lamp Prize (A) reduce electric costs in the United (3) APPLICATION.—To receive a grant from described in subsection (b)(3) shall be States by more than $18,000,000,000 annually; the Secretary under paragraph (1), an eligi- $5,000,000. (B) save the equivalent electricity that is ble applicant shall submit to the Secretary (g) FEDERAL PROCUREMENT OF SOLID- produced by 80 base load coal-fired power an application at such time, in such manner, STATE-LIGHTS.— plants; and and containing such information as the Sec- (1) 60-WATT INCANDESCENT REPLACEMENT.— (C) reduce fossil fuel related emissions by retary may require, including a written as- Subject to paragraph (3), as soon as prac- approximately 158,000,000 tons each year. surance that— ticable after the successful award of the 60- (b) SENSE OF THE SENATE.—It is the sense (A) all laborers and mechanics employed Watt Incandescent Replacement Lamp Prize of the Senate that the Senate should— by contractors or subcontractors during con- under subsection (b)(1), the Secretary (in (1) pass a set of mandatory, technology- struction, alteration, or repair that is fi- consultation with the Administrator of Gen- neutral standards to establish firm energy nanced, in whole or in part, by a grant under eral Services) shall develop governmentwide efficiency performance targets for lighting this section shall be paid wages at rates not Federal purchase guidelines with a goal of products; less than those prevailing on similar con- replacing the use of 60-watt incandescent (2) ensure that the standards become effec- struction in the locality, as determined by lamps in Federal Government buildings with tive within the next 10 years; and the Secretary of Labor in accordance with a solid-state-light package described in sub- (3) in developing the standards— sections 3141–3144, 3146, and 3147 of title 40, section (b)(1) by not later than the date that (A) establish the efficiency requirements United States Code; and is 5 years after the date the award is made. to ensure that replacement lamps will pro- (B) the Secretary of Labor shall, with re- (2) PAR 38 HALOGEN REPLACEMENT LAMP RE- vide consumers with the same quantity of spect to the labor standards described in this PLACEMENT.—Subject to paragraph (3), as light while using significantly less energy; paragraph, have the authority and functions soon as practicable after the successful (B) ensure that consumers will continue to set forth in Reorganization Plan Numbered award of the PAR Type 38 Halogen Replace- have multiple product choices, including en- 14 of 1950 (5 U.S.C. App.) and section 3145 of ment Lamp Prize under subsection (b)(2), the ergy-saving halogen, incandescent, compact title 40, United States Code. Secretary (in consultation with the Adminis- fluorescent, and LED light bulbs; and (4) NON-FEDERAL SHARE.—Each eligible ap- trator of General Services) shall develop gov- (C) work with industry and key stake- plicant that receives a grant under this sub- ernmentwide Federal purchase guidelines holders on measures that can assist con- section shall contribute to the total cost of with the goal of replacing the use of PAR 38 sumers and businesses in making the impor- the renewable energy project constructed by halogen lamps in Federal Government build- tant transition to more efficient lighting. the eligible applicant an amount not less ings with a solid-state-light package de- SEC. 215. RENEWABLE ENERGY CONSTRUCTION than 50 percent of the total cost of the scribed in subsection (b)(2) by not later than GRANTS. project. the date that is 5 years after the date the (a) DEFINITIONS.—In this section: (c) AUTHORIZATION OF APPROPRIATIONS.— award is made. (1) ALASKA SMALL HYDROELECTRIC POWER.— There are authorized to be appropriated to (3) WAIVERS.— The term ‘‘Alaska small hydroelectric the Fund such sums as are necessary to (A) IN GENERAL.—The Secretary or the Ad- power’’ means power that— carry out this section. ministrator of General Services may waive (A) is generated— Subtitle B—Expediting New Energy the application of paragraph (1) or (2) if the (i) in the State of Alaska; Efficiency Standards Secretary or Administrator determines that (ii) without the use of a dam or impound- SEC. 221. DEFINITION OF ENERGY CONSERVA- the return on investment from the purchase ment of water; and TION STANDARD. of a solid-state-light package described in (iii) through the use of— Section 321 of the Energy Policy and Con- paragraph (1) or (2) of subsection (b), respec- (I) a lake tap (but not a perched alpine servation Act (42 U.S.C. 6291) is amended by tively, is cost prohibitive. lake); or striking paragraph (6) and inserting the fol- (B) REPORT OF WAIVER.—If the Secretary or (II) a run-of-river screened at the point of lowing: Administrator waives the application of diversion; and ‘‘(6) ENERGY CONSERVATION STANDARD.— paragraph (1) or (2), the Secretary or Admin- (B) has a nameplate capacity rating of a ‘‘(A) IN GENERAL.—The term ‘energy con- istrator, respectively, shall submit to Con- wattage that is not more than 15 megawatts. servation standard’ means 1 or more per- gress an annual report that describes the (2) ELIGIBLE APPLICANT.—The term ‘‘eligi- formance standards that prescribe a min- waiver and provides a detailed justification ble applicant’’ means any— imum level of energy efficiency or a max- for the waiver. (A) governmental entity; imum quantity of energy use and, in the case

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of a showerhead, faucet, water closet, urinal, ‘‘(C) EXTENSION.—The Secretary may pub- (1) Section 327 of the Energy Policy and clothes washer, and dishwasher, water use, lish in the Federal Register a notice— Conservation Act (42 U.S.C. 6297) is amend- for a covered product, determined in accord- ‘‘(i) extending the period to a specified ed— ance with test procedures prescribed under date, but not longer than 1 year after the (A) in subsection (b)— section 323. date on which the petition is filed; and (i) in paragraph (2), by striking ‘‘sub- ‘‘(B) INCLUSIONS.—The term ‘energy con- ‘‘(ii) describing the reasons for the delay. section (e)’’ and inserting ‘‘subsection (f)’’; servation standard’ includes— ‘‘(D) DENIALS.—If the Secretary denies a and ‘‘(i) 1 or more design requirements, as part petition under this subsection, the Secretary (ii) in paragraph (3)— of a consensus agreement under section shall publish in the Federal Register notice (I) by striking ‘‘subsection (f)(1)’’ and in- 325(hh); and of, and the reasons for, the denial. serting ‘‘subsection (g)(1)’’; and ‘‘(ii) any other requirements that the Sec- ‘‘(5) FINDING OF SIGNIFICANT BURDEN ON (II) by striking ‘‘subsection (f)(2)’’ and in- retary may prescribe under subsections (o) MANUFACTURING, MARKETING, DISTRIBUTION, serting ‘‘subsection (g)(2)’’; and and (r) of section 325. SALE, OR SERVICING OF COVERED PRODUCT ON (B) in subsection (c)(3), by striking ‘‘sub- ‘‘(C) EXCLUSION.—The term ‘energy con- NATIONAL BASIS.— section (f)(3)’’ and inserting ‘‘subsection servation standard’ does not include a per- ‘‘(A) IN GENERAL.—The Secretary may not (g)(3)’’. formance standard for a component of a fin- issue a rule under this subsection if the Sec- (2) Section 345(b)(2) of the Energy Policy ished covered product.’’. retary finds (and publishes the finding) that and Conservation Act (42 U.S.C. 6316(b)(2)) is SEC. 222. REGIONAL EFFICIENCY STANDARDS interested persons have established, by a pre- amended by adding at the end the following: FOR HEATING AND COOLING PROD- ponderance of the evidence, that the State ‘‘(E) RELATIONSHIP TO CERTAIN STATE REGU- UCTS. regulation will significantly burden manu- LATIONS.—Notwithstanding subparagraph (a) IN GENERAL.—Section 327 of the Energy facturing, marketing, distribution, sale, or (A), a standard prescribed or established Policy and Conservation Act (42 U.S.C. 6297) servicing of a covered product on a national under section 342(a) with respect to the is amended— basis. equipment specified in subparagraphs (B), (1) by redesignating subsections (e), (f), and ‘‘(B) FACTORS.—In determining whether to (C), (D), (H), (I), and (J) of section 340 shall (g) as subsections (f), (g), and (h), respec- make a finding described in subparagraph not supersede a State regulation that is ef- tively; and (A), the Secretary shall evaluate all relevant fective under the terms, conditions, criteria, (2) by inserting after subsection (d) the fol- factors, including— procedures, and other requirements of sec- lowing: ‘‘(i) the extent to which the State regula- tion 327(e).’’. ‘‘(e) REGIONAL EFFICIENCY STANDARDS FOR tion will increase manufacturing or distribu- SEC. 223. FURNACE FAN RULEMAKING. HEATING AND COOLING PRODUCTS.— tion costs of manufacturers, distributors, Section 325(f)(3) of the Energy Policy and ‘‘(1) IN GENERAL.— and others; Conservation Act (42 U.S.C. 6295(f)(3)) is ‘‘(A) DETERMINATION.—The Secretary may ‘‘(ii) the extent to which the State regula- amended by adding at the end the following: determine, after notice and comment, that tion will disadvantage smaller manufactur- ‘‘(E) FINAL RULE.— more stringent Federal energy conservation ers, distributors, or dealers or lessen com- ‘‘(i) IN GENERAL.—The Secretary shall pub- standards are appropriate for furnaces, boil- petition in the sale of the covered product in lish a final rule to carry out this subsection ers, or central air conditioning equipment the State; and not later than December 31, 2014. than applicable Federal energy conservation ‘‘(iii) the extent to which the State regula- ‘‘(ii) CRITERIA.—The standards shall meet standards. tion would cause a burden to manufacturers the criteria established under subsection ‘‘(B) FINDING.—The Secretary may deter- to redesign and produce the covered product (o).’’. mine that more stringent standards are ap- type (or class), taking into consideration the SEC. 224. EXPEDITED RULEMAKINGS. propriate for up to 2 different regions only extent to which the regulation would result Section 325 of the Energy Policy and Con- after finding that the regional standards— in a reduction— servation Act (42 U.S.C. 6295) is amended by ‘‘(i) would contribute to energy savings ‘‘(I) in the current models, or in the pro- adding at the end the following: that are substantially greater than that of a jected availability of models, that could be ‘‘(hh) EXPEDITED RULEMAKING FOR CON- single national energy standard; and shipped on the effective date of the regula- SENSUS STANDARDS.— ‘‘(ii) are economically justified. tion to the State and within the United ‘‘(1) IN GENERAL.—The Secretary shall con- ‘‘(C) REGIONS.—On making a determination States; or duct an expedited rulemaking based on an described in subparagraph (B), the Secretary ‘‘(II) in the current or projected sales vol- energy conservation standard or test proce- shall establish the regions so that the more ume of the covered product type (or class) in dure recommended by interested persons, if— stringent standards would achieve the max- the State and the United States. ‘‘(A) the interested persons (demonstrating imum level of energy savings that is techno- ‘‘(6) APPLICATION.—No State regulation significant and broad support from manufac- logically feasible and economically justified. shall become effective under this subsection turers of a covered product, States, utilities, ‘‘(D) FACTORS.—In determining the appro- with respect to any covered product manu- and environmental, energy efficiency, and priateness of 1 or more regional standards factured before the date specified in the de- consumer advocates) submit a joint com- for furnaces, boilers, and central and com- termination made by the Secretary under ment or petition recommending a consensus mercial air conditioning equipment, the Sec- paragraph (1). energy conservation standard or test proce- retary shall consider all of the factors de- ‘‘(7) PETITION TO WITHDRAW FEDERAL RULE dure; and scribed in paragraphs (1) through (4) of sec- FOLLOWING AMENDMENT OF FEDERAL STAND- ‘‘(B) the Secretary determines that the tion 325(o). ARD.— joint comment or petition includes evidence ‘‘(2) STATE PETITION.—After a determina- ‘‘(A) IN GENERAL.—If a State has issued a that (assuming no other evidence were con- tion made by the Secretary under paragraph rule under paragraph (3) with respect to a sidered) provides an adequate basis for deter- (1), a State may petition the Secretary re- covered product and subsequently a Federal mining that the proposed consensus energy questing a rule that a State regulation that energy conservation standard concerning the conservation standard or test procedure pro- establishes a standard for furnaces, boilers, product is amended pursuant to section 325, posed in the joint comment or petition com- or central air conditioners become effective any person subject to the State regulation plies with the provisions and criteria of this at a level determined by the Secretary to be may file a petition with the Secretary re- Act (including subsection (o)) that apply to appropriate for the region that includes the questing the Secretary to withdraw the rule the type or class of covered products covered State. issued under paragraph (3) with respect to by the joint comment or petition. ‘‘(3) RULE.—Subject to paragraphs (4) the product in the State. ‘‘(2) PROCEDURE.— through (7), the Secretary may issue the rule ‘‘(B) BURDEN OF PROOF.—The Secretary ‘‘(A) IN GENERAL.—Notwithstanding sub- during the period described in paragraph (4) shall consider the petition in accordance section (p) or section 336(a), if the Secretary and after consideration of the petition and with paragraph (5) and the burden shall be on receives a joint comment or petition that the comments of interested persons. the petitioner to show by a preponderance of meets the criteria described in paragraph (1), ‘‘(4) PROCEDURE.— the evidence that the rule received by the the Secretary shall conduct an expedited ‘‘(A) NOTICE.—The Secretary shall provide State under paragraph (3) should be with- rulemaking with respect to the standard or notice of any petition filed under paragraph drawn as a result of the amendment to the test procedure proposed in the joint com- (2) and afford interested persons a reasonable Federal standard. ment or petition in accordance with this opportunity to make written comments, in- ‘‘(C) WITHDRAWAL.—If the Secretary deter- paragraph. cluding rebuttal comments, on the petition. mines that the petitioner has shown that the ‘‘(B) ADVANCED NOTICE OF PROPOSED RULE- ‘‘(B) DECISION.—Except as provided in sub- rule issued by the Secretary under paragraph MAKING.—If no advanced notice of proposed paragraph (C), during the 180-day period be- (3) should be withdrawn in accordance with rulemaking has been issued under subsection ginning on the date on which the petition is subparagraph (B), the Secretary shall with- (p)(1) with respect to the rulemaking covered filed, the Secretary shall issue the requested draw the rule.’’. by the joint comment or petition, the re- rule or deny the petition. (b) CONFORMING AMENDMENTS.— quirements of subsection (p) with respect to

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the issuance of an advanced notice of pro- shall apply to a product manufactured after (d) TEST PROCEDURES.—Section 343(a) of posed rulemaking shall not apply. a date that is 5 years after— the Energy Policy and Conservation Act (42 ‘‘(C) PUBLICATION OF DETERMINATION.—Not ‘‘(A) the effective date of the previous U.S.C. 6313(a)) is amended by striking ‘‘(a)’’ later than 60 days after receipt of a joint amendment made pursuant to this part; or and all that follows through the end of para- comment or petition described in paragraph ‘‘(B) if the previous final rule published graph (1) and inserting the following: (1)(A), the Secretary shall publish a descrip- under this part did not amend the standard, ‘‘(a) PRESCRIPTION BY SECRETARY; REQUIRE- tion of a determination as to whether the the earliest date by which a previous amend- MENTS.— proposed standard or test procedure covered ment could have been in effect, except that ‘‘(1) TEST PROCEDURES.— by the joint comment or petition meets the in no case may an amended standard apply ‘‘(A) AMENDMENT.—At least once every 7 criteria described in paragraph (1). to products manufactured within 3 years years, the Secretary shall conduct an evalua- ‘‘(D) PROPOSED RULE.— after publication of the final rule estab- tion of each class of covered equipment and— ‘‘(i) PUBLICATION.—If the Secretary deter- lishing a standard.’’. ‘‘(i) if the Secretary determines that mines that the proposed consensus standard (c) STANDARDS.—Section 342(a) of the En- amended test procedures would more accu- or test procedure covered by the joint com- ergy Policy and Conservation Act (42 U.S.C. rately or fully comply with the requirements ment or petition meets the criteria described 6313(a)) is amended by striking paragraph (6) of paragraphs (2) and (3), shall prescribe test in paragraph (1), not later than 30 days after and inserting the following: procedures for the class in accordance with the determination, the Secretary shall pub- ‘‘(6) AMENDED ENERGY EFFICIENCY STAND- this section; or lish a proposed rule proposing the consensus ARDS.— ‘‘(ii) shall publish notice in the Federal standard or test procedure covered by the ‘‘(A) ANALYSIS OF POTENTIAL ENERGY SAV- Register of any determination not to amend joint comment or petition. INGS.—If ASHRAE/IES Standard 90.1 is a test procedure.’’. ‘‘(ii) PUBLIC COMMENT PERIOD.—Notwith- amended with respect to any small commer- (e) EFFECTIVE DATE.—The amendments standing paragraphs (2) and (3) of subsection cial package air conditioning and heating made by subsections (b) and (c) take effect (p), the public comment period for the pro- equipment, large commercial package air on January 1, 2012. posed rule shall be the 30–day period begin- conditioning and heating equipment, pack- SEC. 226. ENERGY EFFICIENCY LABELING FOR ning on the date of the publication of the aged terminal central and commercial air CONSUMER PRODUCTS. proposed rule in the Federal Register. conditioners, packaged terminal heat pumps, (a) IN GENERAL.—Not later than 2 years after the date of enactment of this Act or ‘‘(iii) PUBLIC HEARING.—Notwithstanding warm-air furnaces, packaged boilers, storage section 336(a), the Secretary may waive the water heaters, instantaneous water heaters, not later than 18 months after test proce- holding of a public hearing with respect to or unfired hot water storage tanks, not later dures have been developed for a consumer the proposed rule. than 180 days after the amendment of the electronics product category described in subsection (b), whichever is later, the Fed- ‘‘(E) FINAL RULE.—Notwithstanding sub- standard, the Secretary shall publish in the section (p)(4), the Secretary— Federal Register for public comment an eral Trade Commission, in consultation with the Secretary and the Administrator of the ‘‘(i) may publish a final rule at any time analysis of the energy savings potential of Environmental Protection Agency shall pro- after the 60-day period beginning on the date amended energy efficiency standards. mulgate regulations, in accordance with the of publication of the proposed rule in the ‘‘(B) AMENDED UNIFORM NATIONAL STANDARD Energy Star program and in a manner that Federal Register; and FOR PRODUCTS.— minimizes, to the maximum extent prac- ‘‘(ii) shall publish a final rule not later ‘‘(i) IN GENERAL.—Except as provided in ticable, duplication with respect to the re- than 120 days after the date of publication of clause (ii), not later than 18 months after the quirements of that program and other na- the proposed rule in the Federal Register.’’. date of publication of the amendment to the tional and international energy labeling pro- ASHRAE/IES Standard 90.1 for a product de- SEC. 225. PERIODIC REVIEWS. grams, to add the consumer electronics prod- scribed in subparagraph (A), the Secretary (a) TEST PROCEDURES.—Section 323(b)(1) of uct categories described in subsection (b) to shall establish an amended uniform national the Energy Policy and Conservation Act (42 the Energy Guide labeling program of the standard for the product at the minimum U.S.C. 6293(b)(1)) is amended by striking Commission. level for the applicable effective date speci- ‘‘(1)’’ and all that follows through the end of (b) CONSUMER ELECTRONICS PRODUCT CAT- fied in the amended ASHRAE/IES Standard the paragraph and inserting the following: EGORIES.—The consumer electronics product ‘‘(1) TEST PROCEDURES.— 90.1. categories referred to in subsection (a) are ‘‘(A) AMENDMENT.—At least once every 7 ‘‘(ii) MORE STRINGENT STANDARD.—Clause the following: years, the Secretary shall review test proce- (i) shall not apply if the Secretary deter- (1) Televisions. dures for all covered products and— mines, by rule published in the Federal Reg- (2) Personal computers. ‘‘(i) amend test procedures with respect to ister, and supported by clear and convincing (3) Cable or satellite set-top boxes. any covered product, if the Secretary deter- evidence, that adoption of a uniform na- (4) Stand-alone digital video recorder mines that amended test procedures would tional standard more stringent than the boxes. more accurately or fully comply with the re- amended ASHRAE/IES Standard 90.1 for the (5) Computer monitors. quirements of paragraph (3); or product would result in significant addi- (c) LABEL PLACEMENT.—The regulations ‘‘(ii) publish notice in the Federal Register tional conservation of energy and is techno- shall include specific requirements for each of any determination not to amend a test logically feasible and economically justified. product on the placement of Energy Guide procedure.’’. ‘‘(C) RULE.—If the Secretary makes a de- labels. (b) ENERGY CONSERVATION STANDARDS.— termination described in subparagraph (d) DEADLINE FOR LABELING.—Not later Section 325 of the Energy Policy and Con- (B)(ii) for a product described in subpara- than 1 year after the date of promulgation of servation Act (42 U.S.C. 6295) is amended by graph (A), not later than 30 months after the regulations under subsection (a), the Com- striking subsection (m) and inserting the fol- date of publication of the amendment to the mission shall require labeling electronic lowing: ASHRAE/IES Standard 90.1 for the product, products described in subsection (b) in ac- ‘‘(m) FURTHER RULEMAKING.— the Secretary shall issue the rule estab- cordance with this section (including the ‘‘(1) IN GENERAL.—After issuance of the last lishing the amended standard. regulations). final rules required for a product under this ‘‘(D) AMENDMENT OF STANDARDS.— (e) AUTHORITY TO INCLUDE ADDITIONAL part, the Secretary shall, not later than 5 ‘‘(i) IN GENERAL.—After issuance of the PRODUCT CATEGORIES.—The Commission may years after the date of issuance of a final most recent final rule for a product under add additional product categories to the En- rule establishing or amending a standard or this subsection, not later than 5 years after ergy Guide labeling program if the product determining not to amend a standard, pub- the date of issuance of a final rule estab- categories include products, as determined lish a final rule to determine whether stand- lishing or amending a standard or deter- by the Commission— ards for the product should be amended mining not to amend a standard, the Sec- (1) that have an annual energy use in ex- based on the criteria described in subsection retary shall publish a final rule to determine cess of 100 kilowatt hours per year; and (n)(2). whether standards for the product should be (2) for which there is a significant dif- ‘‘(2) ANALYSIS.—Prior to publication of the amended based on the criteria described in ference in energy use between the most and determination, the Secretary shall publish a subparagraph (A). least efficient products. notice of availability describing the analysis ‘‘(ii) ANALYSIS.—Prior to publication of the SEC. 227. RESIDENTIAL BOILER EFFICIENCY of the Department and provide opportunity determination, the Secretary shall publish a STANDARDS. for written comment. notice of availability describing the analysis Section 325(f) of the Energy Policy and ‘‘(3) FINAL RULE.—Not later than 3 years of the Department and provide opportunity Conservation Act (42 U.S.C. 6295(f)) is amend- after a positive determination under para- for written comment. ed— graph (1), the Secretary shall publish a final ‘‘(iii) FINAL RULE.—Not later than 3 years (1) by redesignating paragraph (3) as para- rule amending the standard for the product. after a positive determination under clause graph (4); and ‘‘(4) APPLICATION OF AMENDMENT.—An (i), the Secretary shall publish a final rule (2) by inserting after paragraph (2) the fol- amendment prescribed under this subsection amending the standard for the product.’’. lowing:

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‘‘(3) BOILERS.— or after September 1, 2012, shall meet the fol- ‘‘(A) IN GENERAL.—Subject to subpara- lowing requirements: graphs (B) and (C), boilers manufactured on

Minimum Annual Boiler Type Fuel Utilization Ef- Design Requirements ficiency

Gas Hot Water 82% No Constant Burning Pilot, Automatic Means for Adjusting Water Temperature Gas Steam 80% No Constant Burning Pilot Oil Hot Water 84% Automatic Means for Adjusting Temperature Oil Steam 82% None Electric Hot Water None Automatic Means for Adjusting Temperature Electric Steam None None

‘‘(B) PILOTS.—The manufacturer shall not industrial processing, or scientific use, in- ‘‘(ii) FIRE PUMP MOTORS.—A fire pump equip gas hot water or steam boilers with cluding fluorescent microscopy, ultraviolet motor shall have a nominal full load effi- constant-burning pilot lights. curing, and the manufacture of microchips, ciency established in Table 12–11 of NEMA ‘‘(C) AUTOMATIC MEANS FOR ADJUSTING liquid crystal displays, and printed circuit MG–1 (2006). WATER TEMPERATURE.— boards; and ‘‘(B) GENERAL PURPOSE ELECTRIC MOTORS— ‘‘(i) IN GENERAL.—The manufacturer shall ‘‘(B) in the case of a specialty application SUBTYPE II.—A general purpose electric equip each gas, oil, and electric hot water mercury vapor lamp ballast, is labeled as a motor—subtype II with a power rating of not boiler (other than a boiler equipped with specialty application mercury vapor lamp less than 1, and not more than 200, horse- tankless domestic water heating coils) with ballast.’’. power manufactured (alone or as a compo- an automatic means for adjusting the tem- (2) STANDARD SETTING AUTHORITY.—Section nent of another piece of equipment) after the perature of the water supplied by the boiler 325(ee) of the Energy Policy and Conserva- 3-year period beginning on the date of enact- to ensure that an incremental change in in- tion Act (42 U.S.C. 6295(ee)) is amended by in- ment of this subparagraph, shall have a ferred heat load produces a corresponding in- serting ‘‘(other than specialty application nominal full load efficiency established in cremental change in the temperature of mercury vapor lamp ballasts)’’ after ‘‘bal- Table 12–11 of NEMA MG–1 (2006). water supplied. lasts’’. ‘‘(C) DESIGN B, GENERAL PURPOSE ELECTRIC ERTAIN BOILERS ‘‘(ii) C .—For a boiler that SEC. 229. ELECTRIC MOTOR EFFICIENCY STAND- MOTORS.—A NEMA Design B, general purpose fires at 1 input rate, the requirements of this ARDS. electric motor with a power rating of not subparagraph may be satisfied by providing (a) DEFINITIONS.—Section 340(13) of the En- less than 201, and not more than 500, horse- an automatic means that allows the burner ergy Policy and Conservation Act (42 U.S.C. power manufactured (alone or as a compo- or heating element to fire only when the 6311(13)) is amended by striking subpara- nent of another piece of equipment) after the means has determined that the inferred heat graph (A) and inserting the following: 3-year period beginning on the date of the load cannot be met by the residual heat of ‘‘(A)(i) The term ‘electric motor’ means— enactment of this subparagraph shall have a the water in the system. ‘‘(I) a general purpose electric motor— nominal full load efficiency established in ‘‘(iii) NO INFERRED HEAT LOAD.—When there subtype I; and Table 12–11 of NEMA MG–1 (2006).’’. is no inferred heat load with respect to a hot ‘‘(II) a general purpose electric motor— (c) EFFECTIVE DATE.—The amendments water boiler, the automatic means described subtype II. made by this section take effect on the date in clauses (i) and (ii) shall limit the tempera- ‘‘(ii) The term ‘general purpose electric that is 3 years after the date of enactment of ture of the water in the boiler to not more motor—subtype I’ means any motor that is this Act. than 140 degrees Fahrenheit. considered a general purpose motor under SEC. 230. ENERGY STANDARDS FOR HOME APPLI- ‘‘(iv) OPERATION.—A boiler described in section 431.12 of title 10, Code of Federal Reg- ANCES. clause (i) or (ii) shall be operable only when (a) DEFINITION OF ENERGY CONSERVATION ulations (or successor regulations). the automatic means described in clauses (i), STANDARD.—Section 321(6)(A) of the Energy ‘‘(iii) The term ‘general purpose electric (ii), and (iii) is installed.’’. Policy and Conservation Act (42 U.S.C. motor—subtype II’ means a motor that, in SEC. 228. TECHNICAL CORRECTIONS. 6291(6)(A)) is amended by striking ‘‘or, in the addition to the design elements for a general (a) DEFINITION OF FLUORESCENT LAMP.— case of’’ and inserting ‘‘and, in the case of purpose electric motor—subtype I, incor- Section 321(30)(B)(viii) of the Energy Policy residential clothes washers, residential dish- and Conservation Act (42 U.S.C. porates the design elements (as established washers,’’. 6291(30)(B)(viii)) is amended by striking ‘‘82’’ in National Electrical Manufacturers Asso- (b) REFRIGERATORS, REFRIGERATOR-FREEZ- and inserting ‘‘87’’. ciation MG–1 (2006)) for any of the following: ERS, AND FREEZERS.—Section 325(b) of the (b) STANDARDS FOR COMMERCIAL PACKAGE ‘‘(I) A U–Frame Motor. Energy Policy and Conservation Act (42 AIR CONDITIONING AND HEATING EQUIPMENT.— ‘‘(II) A Design C Motor. U.S.C. 6295(b)) is amended by adding at the Section 342(a)(1) of the Energy Policy and ‘‘(III) A close-coupled pump motor. end the following: Conservation Act (42 U.S.C. 6313(a)(1)) is ‘‘(IV) A footless motor. ‘‘(4) REFRIGERATORS, REFRIGERATOR-FREEZ- amended in the matter preceding subpara- ‘‘(V) A vertical solid shaft normal thrust ERS, AND FREEZERS MANUFACTURED ON OR graph (A) by striking ‘‘but before January 1, (tested in a horizontal configuration). AFTER JANUARY 1, 2014.—Not later than De- 2010,’’. ‘‘(VI) An 8-pole motor. cember 31, 2010, the Secretary shall publish a (c) MERCURY VAPOR LAMP BALLASTS.— ‘‘(VII) A poly-phase motor with voltage of final rule determining whether to amend the (1) DEFINITIONS.—Section 321 of the Energy not more than 600 volts (other than 230 or 460 standards in effect for refrigerators, refrig- Policy and Conservation Act (42 U.S.C. 6291) volts).’’. erator-freezers, and freezers manufactured (as amended by section 212(a)(2)) is amend- (b) STANDARDS.—Section 342(b) of the En- on or after January 1, 2014, and including any ed— ergy Policy and Conservation Act (42 U.S.C. amended standards.’’. (A) in paragraph (46)(A)— 6313(13)) is amended by striking paragraph (1) (c) RESIDENTIAL CLOTHES WASHERS AND (i) in clause (i), by striking ‘‘bulb’’ and in- and inserting the following: DISHWASHERS.—Section 325(g)(4) of the En- serting ‘‘the arc tube’’; and ‘‘(1) STANDARDS.— ergy Policy and Conservation Act (42 U.S.C. (ii) in clause (ii), by striking ‘‘has a bulb’’ ‘‘(A) GENERAL PURPOSE ELECTRIC MOTORS— 6295(g)(4)) is amended by adding at the end and inserting ‘‘wall loading is’’; SUBTYPE I.— the following: (B) in paragraph (47)(A), by striking ‘‘oper- ‘‘(i) IN GENERAL.—Except as otherwise pro- ‘‘(D) CLOTHES WASHERS.— ating at a partial’’ and inserting ‘‘typically vided in this subparagraph, a general purpose ‘‘(i) CLOTHES WASHERS MANUFACTURED ON operating at a partial vapor’’; electric motor—subtype I with a power rat- OR AFTER JANUARY 1, 2011.—A residential (C) in paragraph (48), by inserting ‘‘in- ing of not less than 1, and not more than 200, clothes washer manufactured on or after tended for general illumination’’ after horsepower manufactured (alone or as a com- January 1, 2011, shall have— ‘‘lamps’’; and ponent of another piece of equipment) after ‘‘(I) a modified energy factor of at least (D) by adding at the end the following: the 3-year period beginning on the date of 1.26; and ‘‘(56) The term ‘specialty application mer- enactment of this subparagraph, shall have a ‘‘(II) a water factor of not more than 9.5. cury vapor lamp ballast’ means a mercury nominal full load efficiency established in ‘‘(ii) CLOTHES WASHERS MANUFACTURED ON vapor lamp ballast that— Table 12–12 of National Electrical Manufac- OR AFTER JANUARY 1, 2012.—Not later than ‘‘(A) is designed and marketed for medical turers Association (referred to in this para- January 1, 2012, the Secretary shall publish a use, optical comparators, quality inspection, graph as ‘NEMA’) MG–1 (2006). final rule determining whether to amend the

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.002 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 15255 standards in effect for residential clothes natural gas saved by a product, in compari- partnership established under subsection washers manufactured on or after January 1, son to projected energy consumption under (c)(1)(A). 2012, and including any amended standards. the energy efficiency standard applicable to (6) PROGRAM.—The term ‘‘program’’ means ‘‘(E) DISHWASHERS.— the product. the industrial efficiency program established ‘‘(i) DISHWASHERS MANUFACTURED ON OR (2) HIGH-EFFICIENCY CONSUMER PRODUCT.— under subsection (b). AFTER JANUARY 1, 2010.—A dishwasher manu- The term ‘‘high-efficiency consumer prod- (b) ESTABLISHMENT OF PROGRAM.—The Sec- factured on or after January 1, 2010, shall use uct’’ means a product that exceeds the en- retary shall establish a program under which not more than— ergy efficiency of comparable products avail- the Secretary, in cooperation with materials ‘‘(I) in the case of a standard-size dish- able in the market by a percentage deter- manufacturers, companies engaged in en- washer, 355 kWh per year or 6.5 gallons of mined by the Secretary to be an appropriate ergy-intensive commercial applications, and water per cycle; and benchmark for the consumer product cat- national industry trade associations rep- ‘‘(II) in the case of a compact-size dish- egory competing for an award under this sec- resenting the manufactures and companies, washer, 260 kWh per year or 4.5 gallons of tion. shall support, develop, and promote the use water per cycle. (b) FINANCIAL INCENTIVES PROGRAM.—Effec- of new materials manufacturing and indus- ‘‘(ii) DISHWASHERS MANUFACTURED ON OR tive beginning October 1, 2007, the Secretary trial and commercial processes, tech- AFTER JANUARY 1, 2018.—Not later than Janu- shall competitively award financial incen- ary 1, 2015, the Secretary shall publish a tives under this section for the manufacture nologies, and techniques to optimize energy final rule determining whether to amend the of high-efficiency consumer products. efficiency and the economic competitiveness standards for dishwashers manufactured on (c) REQUIREMENTS.— of the United States. or after January 1, 2018, and including any (1) IN GENERAL.—The Secretary shall make (c) PARTNERSHIPS.— amended standards.’’. awards under this section to manufacturers (1) IN GENERAL.—As part of the program, (d) DEHUMIDIFIERS.—Section 325(cc) of the of high-efficiency consumer products, based the Secretary shall— Energy Policy and Conservation Act (42 on the bid of each manufacturer in terms of (A) establish energy efficiency and utiliza- U.S.C. 6295(cc)) is amended— dollars per megawatt-hour or million British tion partnerships between the Secretary and (1) in paragraph (1), by inserting ‘‘and be- thermal units saved. eligible entities to conduct research on, de- fore October 1, 2012,’’ after ‘‘2007,’’; and (2) ACCEPTANCE OF BIDS.—In making awards velop, and demonstrate new processes, tech- (2) by striking paragraph (2) and inserting under this section, the Secretary shall— nologies, and operating practices and tech- the following: (A) solicit bids for reverse auction from ap- niques to significantly improve energy effi- ‘‘(2) DEHUMIDIFIERS MANUFACTURED ON OR propriate manufacturers, as determined by ciency and utilization by materials manufac- AFTER OCTOBER 1, 2012.—Dehumidifiers manu- the Secretary; and turers and in energy-intensive commercial factured on or after October 1, 2012, shall (B) award financial incentives to the man- applications, including the conduct of activi- have an Energy Factor that meets or exceeds ufacturers that submit the lowest bids that ties to— the following values: meet the requirements established by the (i) increase the energy efficiency of indus- Secretary. trial and commercial processes and facilities (d) FORMS OF AWARDS.—An award for a Minimum in energy-intensive commercial application Energy high-efficiency consumer product under this sectors; Product Capacity (pints/day): Factor li- section shall be in the form of a lump sum (ii) research, develop, and demonstrate ad- ters/kWh payment in an amount equal to the product vanced technologies capable of energy inten- obtained by multiplying— sity reductions and increased environmental Up to 35.00 ...... 1.35 (1) the amount of the bid by the manufac- performance in energy-intensive commercial 35.01–45.00 ...... 1.50 turer of the high-efficiency consumer prod- application sectors; and 45.01–54.00 ...... 1.60 uct; and (iii) promote the use of the processes, tech- 54.01–75.00 ...... 1.70 (2) the energy savings during the projected nologies, and techniques described in clauses Greater than 75.00 ...... 2.5.’’. useful life of the high-efficiency consumer (i) and (ii); and product, not to exceed 10 years, as deter- (B) pay the Federal share of the cost of any (e) ENERGY STAR PROGRAM.—Section mined under regulations issued by the Sec- eligible partnership activities for which a 324A(d)(2) of the Energy Policy and Con- retary. proposal has been submitted and approved in servation Act (42 U.S.C. 6294a(d)(2)) is amend- SEC. 233. INDUSTRIAL EFFICIENCY PROGRAM. accordance with paragraph (3)(B). ed by striking ‘‘2010’’ and inserting ‘‘2009’’. (a) DEFINITIONS.—In this section: (2) ELIGIBLE ACTIVITIES.—Partnership ac- SEC. 231. IMPROVED ENERGY EFFICIENCY FOR (1) ELIGIBLE ENTITY.—The term eligible en- tivities eligible for financial assistance APPLIANCES AND BUILDINGS IN tity means— under this subsection include— COLD CLIMATES. (A) an institution of higher education (A) feedstock and recycling research, de- (a) RESEARCH.—Section 911(a)(2) of the En- under contract or in partnership with a non- velopment, and demonstration activities to ergy Policy Act of 2005 (42 U.S.C. 16191(a)(2)) profit or for-profit private entity acting on identify and promote— is amended— behalf of an industrial or commercial sector (i) opportunities for meeting manufac- (1) in subparagraph (C), by striking ‘‘and’’ or subsector; turing feedstock requirements with more en- at the end; (B) a nonprofit or for-profit private entity ergy efficient and flexible sources of feed- (2) in subparagraph (D), by striking the pe- acting on behalf on an industrial or commer- stock or energy supply; riod at the end and inserting ‘‘; and’’; and cial sector or subsector; or (ii) strategies to develop and deploy tech- (3) by adding at the end the following: (C) a consortia of entities acting on behalf nologies that improve the quality and quan- ‘‘(E) technologies to improve the energy ef- of an industrial or commercial sector or sub- tity of feedstocks recovered from process and ficiency of appliances and mechanical sys- sector. waste streams; and tems for buildings in cold climates, includ- (2) ENERGY-INTENSIVE COMMERCIAL APPLICA- (iii) other methods using recycling, reuse, ing combined heat and power units and in- TIONS.—The term ‘‘energy-intensive commer- and improved industrial materials; creased use of renewable resources, including cial applications’’ means processes and fa- (B) industrial and commercial energy effi- fuel.’’. cilities that use significant quantities of en- ciency and sustainability assessments to— (b) REBATES.—Section 124 of the Energy ergy as part of the primary economic activi- (i) assist individual industrial and com- Policy Act of 2005 (42 U.S.C. 15821) is amend- ties of the processes and facilities, includ- mercial sectors in developing tools, tech- ed— ing— niques, and methodologies to assess— (1) in subsection (b)(1), by inserting ‘‘, or (A) information technology data centers; (I) the unique processes and facilities of products with improved energy efficiency in (B) product manufacturing; and the sectors; cold climates,’’ after ‘‘residential Energy (C) food processing. (II) the energy utilization requirements of Star products’’; and (3) FEEDSTOCK.—The term ‘‘feedstock’’ the sectors; and (2) in subsection (e), by inserting ‘‘or prod- means the raw material supplied for use in (III) the application of new, more energy uct with improved energy efficiency in a cold manufacturing, chemical, and biological efficient technologies; and climate’’ after ‘‘residential Energy Star processes. (ii) conduct energy savings assessments; product’’ each place it appears. (4) MATERIALS MANUFACTURERS.—The term (C) the incorporation of technologies and SEC. 232. DEPLOYMENT OF NEW TECHNOLOGIES ‘‘materials manufacturers’’ means the en- innovations that would significantly im- FOR HIGH-EFFICIENCY CONSUMER ergy-intensive primary manufacturing in- prove the energy efficiency and utilization of PRODUCTS. dustries, including the aluminum, chemicals, energy-intensive commercial applications; (a) DEFINITIONS.—In this section: forest and paper products, glass, metal cast- and (1) ENERGY SAVINGS.—The term ‘‘energy ing, and steel industries. (D) any other activities that the Secretary savings’’ means megawatt-hours of elec- (5) PARTNERSHIP.—The term ‘‘partnership’’ determines to be appropriate. tricity or million British thermal units of means an energy efficiency and utilization (3) PROPOSALS.—

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(A) IN GENERAL.—To be eligible for finan- fuel economy of each vehicle that qualifies economy of the manufacturer for light duty cial assistance under this subsection, a part- for an award shall be considered to be equal vehicles produced by the manufacturer dur- nership shall submit to the Secretary a pro- to the average fuel economy for vehicles of a ing the most recent year for which data are posal that describes the proposed research, similar footprint for model year 2005. available shall be not less than the average development, or demonstration activity to (2) ADVANCED TECHNOLOGY VEHICLE.—The fuel economy for all light duty vehicles of be conducted by the partnership. term ‘‘advanced technology vehicle’’ means the manufacturer for model year 2005. (B) REVIEW.—After reviewing the sci- a light duty vehicle that meets— SEC. 244. ENERGY STORAGE COMPETITIVENESS. entific, technical, and commercial merit of a (A) the Bin 5 Tier II emission standard es- (a) SHORT TITLE.—This section may be proposals submitted under subparagraph (A), tablished in regulations issued by the Ad- cited as the ‘‘United States Energy Storage the Secretary shall approve or disapprove ministrator of the Environmental Protection Competitiveness Act of 2007’’. the proposal. Agency under section 202(i) of the Clean Air (b) ENERGY STORAGE SYSTEMS FOR MOTOR (C) COMPETITIVE AWARDS.—The provision of Act (42 U.S.C. 7521(i)), or a lower-numbered TRANSPORTATION AND ELECTRICITY TRANS- financial assistance under this subsection Bin emission standard; MISSION AND DISTRIBUTION.— shall be on a competitive basis. (B) any new emission standard for fine par- (1) DEFINITIONS.—In this subsection: (4) COST-SHARING REQUIREMENT.—In car- ticulate matter prescribed by the Adminis- (A) COUNCIL.—The term ‘‘Council’’ means rying out this section, the Secretary shall trator under that Act (42 U.S.C. 7401 et seq.); the Energy Storage Advisory Council estab- require cost sharing in accordance with sec- and lished under paragraph (3). tion 988 of the Energy Policy Act of 2005 (42 (C) at least 125 percent of the average base (B) COMPRESSED AIR ENERGY STORAGE.—The U.S.C. 16352). year combined fuel economy, calculated on term ‘‘compressed air energy storage’’ (d) AUTHORIZATION OF APPROPRIATIONS.— an energy-equivalent basis, for vehicles of a means, in the case of an electricity grid ap- (1) IN GENERAL.—There are authorized to be substantially similar footprint. plication, the storage of energy through the appropriated to the Secretary to carry out (3) COMBINED FUEL ECONOMY.—The term compression of air. this section— ‘‘combined fuel economy’’ means— (C) DEPARTMENT.—The term ‘‘Department’’ (A) $184,000,000 for fiscal year 2008; (A) the combined city/highway miles per means the Department of Energy. (B) $190,000,000 for fiscal year 2009; gallon values, as reported in accordance with (D) FLYWHEEL.—The term ‘‘flywheel’’ (C) $196,000,000 for fiscal year 2010; section 32908 of title 49, United States Code; means, in the case of an electricity grid ap- (D) $202,000,000 for fiscal year 2011; and plication, a device used to store rotational (E) $208,000,000 for fiscal year 2012; and (B) in the case of an electric drive vehicle kinetic energy. (F) such sums as are necessary for fiscal with the ability to recharge from an off- (E) ULTRACAPACITOR.—The term year 2013 and each fiscal year thereafter. board source, the reported mileage, as deter- ‘‘ultracapacitor’’ means an energy storage (2) PARTNERSHIP ACTIVITIES.—Of the mined in a manner consistent with the Soci- device that has a power density comparable amounts made available under paragraph (1), ety of Automotive Engineers recommended to conventional capacitors but capable of ex- not less than 50 percent shall be used to pay practice for that configuration or a similar ceeding the energy density of conventional the Federal share of partnership activities practice recommended by the Secretary, capacitors by several orders of magnitude. under subsection (c). using a petroleum equivalence factor for the (2) PROGRAM.—The Secretary shall carry Subtitle C—Promoting High Efficiency Vehi- off-board electricity (as defined in section out a research, development, and demonstra- cles, Advanced Batteries, and Energy Stor- 474 of title 10, Code of Federal Regulations). tion program to support the ability of the age (4) ENGINEERING INTEGRATION COSTS.—The United States to remain globally competi- SEC. 241. LIGHTWEIGHT MATERIALS RESEARCH term ‘‘engineering integration costs’’ in- tive in energy storage systems for motor AND DEVELOPMENT. cludes the cost of engineering tasks relating transportation and electricity transmission (a) IN GENERAL.—As soon as practicable to— and distribution. after the date of enactment of this Act, the (A) incorporating qualifying components (3) ENERGY STORAGE ADVISORY COUNCIL.— Secretary shall establish a research and de- into the design of advanced technology vehi- (A) ESTABLISHMENT.—Not later than 90 velopment program to determine ways in cles; and days after the date of enactment of this Act, which— (B) designing new tooling and equipment the Secretary shall establish an Energy (1) the weight of vehicles may be reduced for production facilities that produce quali- Storage Advisory Council. to improve fuel efficiency without compro- fying components or advanced technology (B) COMPOSITION.— mising passenger safety; and vehicles. (i) IN GENERAL.—Subject to clause (ii), the (2) the cost of lightweight materials (such (5) QUALIFYING COMPONENTS.—The term Council shall consist of not less than 15 indi- as steel alloys, fiberglass, and carbon com- ‘‘qualifying components’’ means components viduals appointed by the Secretary, based on posites) required for the construction of that the Secretary determines to be— recommendations of the National Academy lighter-weight vehicles may be reduced. (A) specially designed for advanced tech- of Sciences. (b) AUTHORIZATION OF APPROPRIATIONS.— nology vehicles; and (ii) ENERGY STORAGE INDUSTRY.—The Coun- There is authorized to be appropriated to (B) installed for the purpose of meeting the cil shall consist primarily of representatives carry out this section $60,000,000 for each of performance requirements of advanced tech- of the energy storage industry of the United fiscal years 2007 through 2012. nology vehicles. States. SEC. 242. LOAN GUARANTEES FOR FUEL-EFFI- (b) ADVANCED VEHICLES MANUFACTURING (iii) CHAIRPERSON.—The Secretary shall se- CIENT AUTOMOBILE PARTS MANU- FACILITY.—The Secretary shall provide facil- lect a Chairperson for the Council from FACTURERS. ity funding awards under this section to among the members appointed under clause (a) IN GENERAL.—Section 712(a) of the En- automobile manufacturers and component (i). ergy Policy Act of 2005 (42 U.S.C. 16062(a)) is suppliers to pay not more than 30 percent of (C) MEETINGS.— amended in the second sentence by striking the cost of— (i) IN GENERAL.—The Council shall meet ‘‘grants to automobile manufacturers’’ and (1) reequipping, expanding, or establishing not less than once a year. inserting ‘‘grants and loan guarantees under a manufacturing facility in the United (ii) FEDERAL ADVISORY COMMITTEE ACT.— section 1703 to automobile manufacturers States to produce— The Federal Advisory Committee Act (5 and suppliers’’. (A) qualifying advanced technology vehi- U.S.C. App. 2) shall apply to a meeting of the (b) CONFORMING AMENDMENT.—Section cles; or Council. 1703(b) of the Energy Policy Act of 2005 (42 (B) qualifying components; and (D) PLANS.—No later than 1 year after the U.S.C. 16513(b)) is amended by striking para- (2) engineering integration performed in date of enactment of this Act, in conjunction graph (8) and inserting the following: the United States of qualifying vehicles and with the Secretary, the Council shall develop ‘‘(8) Production facilities for the manufac- qualifying components. 5-year plans for integrating basic and applied ture of fuel efficient vehicles or parts of (c) PERIOD OF AVAILABILITY.—An award research so that the United States retains a those vehicles, including electric drive trans- under subsection (b) shall apply to— globally competitive domestic energy stor- portation technology and advanced diesel ve- (1) facilities and equipment placed in serv- age industry for motor transportation and hicles.’’. ice before December 30, 2017; and electricity transmission and distribution. SEC. 243. ADVANCED TECHNOLOGY VEHICLES (2) engineering integration costs incurred (E) REVIEW.—The Council shall— MANUFACTURING INCENTIVE PRO- during the period beginning on the date of (i) assess the performance of the Depart- GRAM. enactment of this Act and ending on Decem- ment in meeting the goals of the plans devel- (a) DEFINITIONS.—In this section: ber 30, 2017. oped under subparagraph (D); and (1) ADJUSTED AVERAGE FUEL ECONOMY.—The (d) IMPROVEMENT.—The Secretary shall (ii) make specific recommendations to the term ‘‘adjusted average fuel economy’’ issue regulations that require that, in order Secretary on programs or activities that means the average fuel economy of a manu- for an automobile manufacturer to be eligi- should be established or terminated to meet facturer for all light duty vehicles produced ble for an award under this section during a those goals. by the manufacturer, adjusted such that the particular year, the adjusted average fuel (4) BASIC RESEARCH PROGRAM.—

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(A) BASIC RESEARCH.—The Secretary shall portation and electricity transmission and (2) PROGRAM.—Not later than 1 year after conduct a basic research program on energy distribution. the date of enactment of this Act, the Sec- storage systems to support motor transpor- (8) AUTHORIZATION OF APPROPRIATIONS.— retary, in consultation with the Secretary of tation and electricity transmission and dis- There are authorized to be appropriated to Transportation, shall establish a program to tribution, including— carry out— provide grants to eligible entities for the (i) materials design; (A) the basic research program under para- conduct of qualified transportation projects. (ii) materials synthesis and characteriza- graph (4) $50,000,000 for each of fiscal years (3) PRIORITY.—In providing grants under tion; 2008 through 2017; this subsection, the Secretary shall give pri- (iii) electrolytes, including bioelectrolytes; (B) the applied research program under ority to large-scale projects and large-scale (iv) surface and interface dynamics; and paragraph (5) $80,000,000 for each of fiscal aggregators of projects. (v) modeling and simulation. years 2008 through 2017; and; (4) COST SHARING.—Section 988 of the En- (B) NANOSCIENCE CENTERS.—The Secretary (C) the energy storage research center pro- ergy Policy Act of 2005 (42 U.S.C. 16352) shall shall ensure that the nanoscience centers of gram under paragraph (6) $100,000,000 for each apply to a grant made under this subsection. the Department— of fiscal years 2008 through 2017. (5) AUTHORIZATION OF APPROPRIATIONS.— (i) support research in the areas described SEC. 245. ADVANCED TRANSPORTATION TECH- There are authorized to carry this subsection in subparagraph (A), as part of the mission of NOLOGY PROGRAM. $90,000,000 for each of fiscal years 2008 the centers; and (a) ELECTRIC DRIVE VEHICLE DEMONSTRA- through 2013. (ii) coordinate activities of the centers TION PROGRAM.— Subtitle D—Setting Energy Efficiency Goals with activities of the Council. (1) DEFINITION OF ELECTRIC DRIVE VEHI- SEC. 251. NATIONAL GOALS FOR ENERGY SAV- (5) APPLIED RESEARCH PROGRAM.—The Sec- CLE.—In this subsection, the term ‘‘electric INGS IN TRANSPORTATION. retary shall conduct an applied research pro- drive vehicle’’ means a precommercial vehi- (a) GOALS.—The goals of the United States gram on energy storage systems to support cle that— are to reduce gasoline usage in the United motor transportation and electricity trans- (A) draws motive power from a battery States from the levels projected under sub- mission and distribution technologies, in- with at least 4 kilowatt-hours of electricity; section (b) by— cluding— (B) can be recharged from an external (1) 20 percent by calendar year 2017; (A) ultracapacitors; source of electricity for motive power; and (2) 35 percent by calendar year 2025; and (B) flywheels; (C) is a light-, medium-, or heavy-duty (3) 45 percent by calendar year 2030. (C) batteries; onroad or nonroad vehicle. (b) MEASUREMENT.—For purposes of sub- (D) compressed air energy systems; (2) PROGRAM.—The Secretary shall estab- section (a), reduction in gasoline usage shall (E) power conditioning electronics; and lish a competitive program to provide grants be measured from the estimates for each (F) manufacturing technologies for energy for demonstrations of electric drive vehicles. year in subsection (a) contained in the ref- storage systems. (3) ELIGIBILITY.—A State government, local erence case in the report of the Energy Infor- (6) ENERGY STORAGE RESEARCH CENTERS.— government, metropolitan transportation mation Administration entitled ‘‘Annual En- (A) IN GENERAL.—The Secretary shall es- authority, air pollution control district, pri- ergy Outlook 2007’’. tablish, through competitive bids, 4 energy vate entity, and nonprofit entity shall be eli- (c) STRATEGIC PLAN.— storage research centers to translate basic gible to receive a grant under this sub- (1) IN GENERAL.—Not later than 1 year after research into applied technologies to ad- section. the date of enactment of this Act, the Sec- vance the capability of the United States to (4) PRIORITY.—In making grants under this retary, in cooperation with the Adminis- maintain a globally competitive posture in subsection, the Secretary shall give priority trator of the Environmental Protection energy storage systems for motor transpor- to proposals that— Agency and the heads of other appropriate tation and electricity transmission and dis- (A) are likely to contribute to the commer- Federal agencies, shall develop a strategic tribution. cialization and production of electric drive plan to achieve the national goals for reduc- (B) PROGRAM MANAGEMENT.—The centers vehicles in the United States; and tion in gasoline usage established under sub- shall be jointly managed by the Under Sec- (B) reduce petroleum usage. section (a). retary for Science and the Under Secretary (5) SCOPE OF DEMONSTRATIONS.—The Sec- (2) PUBLIC INPUT AND COMMENT.—The Sec- of Energy of the Department. retary shall ensure, to the extent prac- retary shall develop the plan in a manner (C) PARTICIPATION AGREEMENTS.—As a con- ticable, that the program established under that provides appropriate opportunities for dition of participating in a center, a partici- this subsection includes a variety of applica- public comment. pant shall enter into a participation agree- tions, manufacturers, and end-uses. (d) PLAN CONTENTS.—The strategic plan ment with the center that requires that ac- (6) REPORTING.—The Secretary shall re- shall— tivities conducted by the participant for the quire a grant recipient under this subsection (1) establish future regulatory, funding, center promote the goal of enabling the to submit to the Secretary, on an annual and policy priorities to ensure compliance United States to compete successfully in basis, data relating to vehicle, performance, with the national goals; global energy storage markets. life cycle costs, and emissions of vehicles (2) include energy savings estimates for (D) PLANS.—A center shall conduct activi- demonstrated under the grant, including each sector; and ties that promote the achievement of the emissions of greenhouse gases. (3) include data collection methodologies goals of the plans of the Council under para- (7) COST SHARING.—Section 988 of the En- and compilations used to establish baseline graph (3)(D). ergy Policy Act of 2005 (42 U.S.C. 16352) shall and energy savings data. (E) COST SHARING.—In carrying out this apply to a grant made under this subsection. (e) PLAN UPDATES.— paragraph, the Secretary shall require cost- (8) AUTHORIZATIONS OF APPROPRIATIONS.— (1) IN GENERAL.—The Secretary shall— sharing in accordance with section 988 of the There are authorized to be appropriated to (A) update the strategic plan biennially; Energy Policy Act of 2005 (42 U.S.C. 16352). carry out this subsection $60,000,000 for each and (F) NATIONAL LABORATORIES.—A national of fiscal years 2008 through 2012, of which not (B) include the updated strategic plan in laboratory (as defined in section 2 of the En- less than $20,000,000 shall be available each the national energy policy plan required by ergy Policy Act of 2005 (42 U.S.C. 15801)) may fiscal year only to make grants local and section 801 of the Department of Energy Or- participate in a center established under this municipal governments. ganization Act (42 U.S.C. 7321). paragraph, including a cooperative research (b) NEAR-TERM OIL SAVING TRANSPOR- (2) CONTENTS.—In updating the plan, the and development agreement (as defined in TATION DEPLOYMENT PROGRAM.— Secretary shall— section 12(d) of the Stevenson-Wydler Tech- (1) DEFINITION OF QUALIFIED TRANSPOR- (A) report on progress made toward imple- nology Innovation Act of 1980 (15 U.S.C. TATION PROJECT.—In this subsection, the menting efficiency policies to achieve the 3710a(d))). term ‘‘qualified transportation project’’ national goals established under subsection (G) INTELLECTUAL PROPERTY.—A partici- means— (a); and pant shall be provided appropriate intellec- (A) a project that simultaneously reduces (B) to the maximum extent practicable, tual property rights commensurate with the emissions of criteria pollutants, greenhouse verify energy savings resulting from the nature of the participation agreement of the gas emissions, and petroleum usage by at policies. participant. least 40 percent as compared to commer- (f) REPORT TO CONGRESS AND PUBLIC.—The (7) REVIEW BY NATIONAL ACADEMY OF cially available, petroleum-based tech- Secretary shall submit to Congress, and SCIENCES.—Not later than 5 years after the nologies used in nonroad vehicles; and make available to the public, the initial date of enactment of this Act, the Secretary (B) an electrification project involving strategic plan developed under subsection (c) shall offer to enter into an arrangement with onroad commercial trucks, rail transpor- and each updated plan. the National Academy of Sciences to assess tation, or ships, and any associated infra- SEC. 252. NATIONAL ENERGY EFFICIENCY IM- the performance of the Department in mak- structure (including any panel upgrades, bat- PROVEMENT GOALS. ing the United States globally competitive tery chargers, trenching, and alternative (a) GOALS.—The goals of the United States in energy storage systems for motor trans- fuel infrastructure). are—

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(1) to achieve an improvement in the over- (1) IN GENERAL.—Amounts made available tional transportation system of the United all energy productivity of the United States to carry out this section shall be used for the States; and (measured in gross domestic product per unit following: (7) to enable broad deployment of distrib- of energy input) of at least 2.5 percent per (A) ADVERTISING COSTS.— uted generation and demand side manage- year by the year 2012; and (i) The purchase of media time and space. ment technology. (2) to maintain that annual rate of im- (ii) Creative and talent costs. Subtitle E—Promoting Federal Leadership in provement each year through 2030. (iii) Testing and evaluation of advertising. Energy Efficiency and Renewable Energy (b) STRATEGIC PLAN.— (iv) Evaluation of the effectiveness of the SEC. 261. FEDERAL FLEET CONSERVATION RE- (1) IN GENERAL.—Not later than 1 year after media campaign. QUIREMENTS. the date of enactment of this Act, the Sec- (B) ADMINISTRATIVE COSTS.—Operational (a) FEDERAL FLEET CONSERVATION REQUIRE- retary, in cooperation with the Adminis- and management expenses. MENTS.— trator of the Environmental Protection (2) LIMITATIONS.—In carrying out this sec- (1) IN GENERAL.—Part J of title III of the Agency and the heads of other appropriate tion, the Secretary shall allocate not less Energy Policy and Conservation Act (42 Federal agencies, shall develop a strategic than 85 percent of funds made available U.S.C. 6374 et seq.) is amended by adding at plan to achieve the national goals for im- under subsection (e) for each fiscal year for the end the following: provement in energy productivity estab- the advertising functions specified under ‘‘SEC. 400FF. FEDERAL FLEET CONSERVATION lished under subsection (a). paragraph (1)(A). REQUIREMENTS. (2) PUBLIC INPUT AND COMMENT.—The Sec- (d) REPORTS.—The Secretary shall annu- ‘‘(a) MANDATORY REDUCTION IN PETROLEUM retary shall develop the plan in a manner ally submit to Congress a report that de- CONSUMPTION.— that provides appropriate opportunities for scribes— ‘‘(1) IN GENERAL.—The Secretary shall issue public input and comment. (1) the strategy of the national media cam- regulations (including provisions for waivers (c) PLAN CONTENTS.—The strategic plan paign and whether specific objectives of the from the requirements of this section) for shall— campaign were accomplished, including— Federal fleets subject to section 400AA re- (1) establish future regulatory, funding, (A) determinations concerning the rate of quiring that not later than October 1, 2015, and policy priorities to ensure compliance change of energy consumption, in both abso- each Federal agency achieve at least a 20 with the national goals; lute and per capita terms; and percent reduction in petroleum consump- (2) include energy savings estimates for (B) an evaluation that enables consider- tion, and that each Federal agency increase each sector; and ation whether the media campaign contrib- alternative fuel consumption by 10 percent (3) include data collection methodologies uted to reduction of energy consumption; annually, as calculated from the baseline es- and compilations used to establish baseline (2) steps taken to ensure that the national tablished by the Secretary for fiscal year and energy savings data. media campaign operates in an effective and 2005. ‘‘(2) PLAN.— (d) PLAN UPDATES.— efficient manner consistent with the overall ‘‘(A) REQUIREMENT.—The regulations shall (1) IN GENERAL.—The Secretary shall— strategy and focus of the campaign; require each Federal agency to develop a (A) update the strategic plan biennially; (3) plans to purchase advertising time and plan to meet the required petroleum reduc- and space; (4) policies and practices implemented to tion levels and the alternative fuel consump- (B) include the updated strategic plan in tion increases. the national energy policy plan required by ensure that Federal funds are used respon- ‘‘(B) MEASURES.—The plan may allow an section 801 of the Department of Energy Or- sibly to purchase advertising time and space and eliminate the potential for waste, fraud, agency to meet the required petroleum re- ganization Act (42 U.S.C. 7321). duction level through— (2) CONTENTS.—In updating the plan, the and abuse; and (5) all contracts or cooperative agreements ‘‘(i) the use of alternative fuels; Secretary shall— ‘‘(ii) the acquisition of vehicles with higher (A) report on progress made toward imple- entered into with a corporation, partnership, or individual working on behalf of the na- fuel economy, including hybrid vehicles, menting efficiency policies to achieve the neighborhood electric vehicles, electric vehi- national goals established under subsection tional media campaign. (e) AUTHORIZATION OF APPROPRIATIONS.— cles, and plug–in hybrid vehicles if the vehi- (a); and cles are commercially available; (B) verify, to the maximum extent prac- (1) IN GENERAL.—There is authorized to be appropriated to carry out this section ‘‘(iii) the substitution of cars for light ticable, energy savings resulting from the trucks; policies. $5,000,000 for each of fiscal years 2008 through 2012. ‘‘(iv) an increase in vehicle load factors; (e) REPORT TO CONGRESS AND PUBLIC.—The ‘‘(v) a decrease in vehicle miles traveled; (2) DECREASED OIL CONSUMPTION.—The Sec- Secretary shall submit to Congress, and retary shall use not less than 50 percent of ‘‘(vi) a decrease in fleet size; and make available to the public, the initial the amount that is made available under this ‘‘(vii) other measures. strategic plan developed under subsection (b) ‘‘(b) FEDERAL EMPLOYEE INCENTIVE PRO- section for each fiscal year to develop and and each updated plan. GRAMS FOR REDUCING PETROLEUM CONSUMP- conduct a national media campaign to de- TION.— SEC. 253. NATIONAL MEDIA CAMPAIGN. crease oil consumption in the United States ‘‘(1) IN GENERAL.—Each Federal agency (a) IN GENERAL.—The Secretary, acting over the next decade. shall actively promote incentive programs through the Assistant Secretary for Energy SEC. 254. MODERNIZATION OF ELECTRICITY that encourage Federal employees and con- Efficiency and Renewable Energy (referred GRID SYSTEM. tractors to reduce petroleum usage through to in this section as the ‘‘Secretary’’), shall (a) STATEMENT OF POLICY.—It is the policy the use of practices such as— develop and conduct a national media cam- of the United States that developing and de- ‘‘(A) telecommuting; paign— ploying advanced technology to modernize ‘‘(B) public transit; (1) to increase energy efficiency through- and increase the efficiency of the electricity ‘‘(C) carpooling; and out the economy of the United States over grid system of the United States is essential ‘‘(D) bicycling. the next decade; to maintain a reliable and secure electricity ‘‘(2) MONITORING AND SUPPORT FOR INCEN- (2) to promote the national security bene- transmission and distribution infrastructure TIVE PROGRAMS.—The Administrator of Gen- fits associated with increased energy effi- that can meet future demand growth. eral Services, the Director of the Office of ciency; and (b) PROGRAMS.—The Secretary, the Federal Personnel Management, and the Secretary of (3) to decrease oil consumption in the Energy Regulatory Commission, and other Energy shall monitor and provide appro- United States over the next decade. Federal agencies, as appropriate, shall carry priate support to agency programs described (b) CONTRACT WITH ENTITY.—The Secretary out programs to support the use, develop- in paragraph (1). shall carry out subsection (a) directly or ment, and demonstration of advanced trans- ‘‘(3) RECOGNITION.—The Secretary may es- through— mission and distribution technologies, in- tablish a program under which the Secretary (1) competitively bid contracts with 1 or cluding real-time monitoring and analytical recognizes private sector employers and more nationally recognized media firms for software— State and local governments for outstanding the development and distribution of monthly (1) to maximize the capacity and efficiency programs to reduce petroleum usage through television, radio, and newspaper public serv- of electricity networks; practices described in paragraph (1). ice announcements; or (2) to enhance grid reliability; ‘‘(c) REPLACEMENT TIRES.— (2) collective agreements with 1 or more (3) to reduce line losses; ‘‘(1) IN GENERAL.—Except as provided in nationally recognized institutes, businesses, (4) to facilitate the transition to real-time paragraph (2), the regulations issued under or nonprofit organizations for the funding, electricity pricing; subsection (a)(1) shall include a requirement development, and distribution of monthly (5) to allow grid incorporation of more on- that, to the maximum extent practicable, television, radio, and newspaper public serv- site renewable energy generators; each Federal agency purchase energy-effi- ice announcements. (6) to enable electricity to displace a por- cient replacement tires for the respective (c) USE OF FUNDS.— tion of the petroleum used to power the na- fleet vehicles of the agency.

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‘‘(2) EXCEPTIONS.—This section does not Conservation Policy Act (42 U.S.C. 8287) is (2) STUDY.— apply to— amended by striking subsection (c). (A) IN GENERAL.—As soon as practicable ‘‘(A) law enforcement motor vehicles; (c) DEFINITION OF ENERGY SAVINGS.—Sec- after the date of enactment of this Act, the ‘‘(B) emergency motor vehicles; or tion 804(2) of the National Energy Conserva- Secretary and the Secretary of Defense shall ‘‘(C) motor vehicles acquired and used for tion Policy Act (42 U.S.C. 8287c(2)) is amend- jointly conduct, and submit to Congress and military purposes that the Secretary of De- ed— the President a report of, a study of the po- fense has certified to the Secretary must be (1) by redesignating subparagraphs (A), (B), tential for the use of energy savings perform- exempt for national security reasons. and (C) as clauses (i), (ii), and (iii), respec- ance contracts to reduce energy consump- ‘‘(d) ANNUAL REPORTS ON COMPLIANCE.— tively, and indenting appropriately; tion and provide energy and cost savings in The Secretary shall submit to Congress an (2) by striking ‘‘means a reduction’’ and in- nonbuilding applications. annual report that summarizes actions serting ‘‘means— (B) REQUIREMENTS.—The study under this taken by Federal agencies to comply with ‘‘(A) a reduction’’; subsection shall include— this section.’’. (3) by striking the period at the end and in- (i) an estimate of the potential energy and (2) TABLE OF CONTENTS AMENDMENT.—The serting a semicolon; and cost savings to the Federal Government, in- table of contents of the Energy Policy and (4) by adding at the end the following: cluding secondary savings and benefits, from Conservation Act (42 U.S.C. prec. 6201) is ‘‘(B) the increased efficient use of an exist- increased efficiency in nonbuilding applica- amended by adding at the end of the items ing energy source by cogeneration or heat tions; relating to part J of title III the following: recovery, and installation of renewable en- (ii) an assessment of the feasibility of ex- ‘‘Sec. 400FF. Federal fleet conservation re- ergy systems; tending the use of energy savings perform- quirements.’’. ‘‘(C) if otherwise authorized by Federal or ance contracts to nonbuilding applications, (b) AUTHORIZATION OF APPROPRIATIONS.— State law (including regulations), the sale or including an identification of any regulatory There is authorized to be appropriated to transfer of electrical or thermal energy gen- or statutory barriers to such use; and carry out the amendment made by this sec- erated on-site from renewable energy sources (iii) such recommendations as the Sec- tion $10,000,000 for the period of fiscal years or cogeneration, but in excess of Federal retary and Secretary of Defense determine to 2008 through 2013. needs, to utilities or non-Federal energy be appropriate. SEC. 262. FEDERAL REQUIREMENT TO PURCHASE users; and ‘‘(D) the increased efficient use of existing SEC. 264. ENERGY MANAGEMENT REQUIREMENTS ELECTRICITY GENERATED BY RE- FOR FEDERAL BUILDINGS. water sources in interior or exterior applica- NEWABLE ENERGY. Section 543(a)(1) of the National Energy tions.’’. Section 203 of the Energy Policy Act of Conservation Policy Act (42 U.S.C. 8253(a)(1)) 2005 (42 U.S.C. 15852) is amended— (d) NOTIFICATION.— (1) AUTHORITY TO ENTER INTO CONTRACTS.— is amended by striking the table and insert- (1) by striking subsection (a) and inserting ing the following: the following: Section 801(a)(2)(D) of the National Energy ‘‘(a) REQUIREMENT.— Conservation Policy Act (42 U.S.C. ‘‘Fiscal Year Percentage reduction ‘‘(1) IN GENERAL.—The President, acting 8287(a)(2)(D)) is amended— 2006 ...... 2 through the Secretary, shall require that, to (A) in clause (ii), by inserting ‘‘and’’ after 2007 ...... 4 the extent economically feasible and tech- the semicolon at the end; 2008 ...... 9 nically practicable, of the total quantity of (B) by striking clause (iii); and 2009 ...... 12 domestic electric energy the Federal Govern- (C) by redesignating clause (iv) as clause 2010 ...... 15 ment consumes during any fiscal year, the (iii). 2011 ...... 18 2012 ...... 21 following percentages shall be renewable en- (2) REPORTS.—Section 548(a)(2) of the Na- 2013 ...... 24 ergy from facilities placed in service after tional Energy Conservation Policy Act (42 2014 ...... 27 January 1, 1999: U.S.C. 8258(a)(2)) is amended by inserting 2015 ...... 30.’’. ‘‘(A) Not less than 10 percent in fiscal year ‘‘and any termination penalty exposure’’ 2010. after ‘‘the energy and cost savings that have SEC. 265. COMBINED HEAT AND POWER AND DIS- resulted from such contracts’’. TRICT ENERGY INSTALLATIONS AT ‘‘(B) Not less than 15 percent in fiscal year FEDERAL SITES. 2015. (3) CONFORMING AMENDMENT.—Section 2913 of title 10, United States Code, is amended by Section 543 of the National Energy Con- ‘‘(2) CAPITOL COMPLEX.—The Architect of servation Policy Act (42 U.S.C. 8253) is the Capitol, in consultation with the Sec- striking subsection (e). NERGY AND COST SAVINGS IN NON- amended by adding at the end the following: retary, shall ensure that, of the total quan- (e) E BUILDING APPLICATIONS.— ‘‘(f) COMBINED HEAT AND POWER AND DIS- tity of electric energy the Capitol complex (1) DEFINITIONS.—In this subsection: TRICT ENERGY INSTALLATIONS AT FEDERAL consumes during any fiscal year, the per- (A) NONBUILDING APPLICATION.—The term SITES.— centages prescribed in paragraph (1) shall be ‘‘nonbuilding application’’ means— ‘‘(1) IN GENERAL.—Not later than 18 months renewable energy. (i) any class of vehicles, devices, or equip- after the date of enactment of this sub- ‘‘(3) WAIVER AUTHORITY.—The President ment that is transportable under the power section, the Secretary, in consultation with may reduce or waive the requirement under of the applicable vehicle, device, or equip- the Administrator of General Services and paragraph (1) on a fiscal-year basis if the ment by land, sea, or air and that consumes the Secretary of Defense, shall identify Fed- President determines that complying with energy from any fuel source for the purpose eral sites that could achieve significant cost- paragraph (1) for a fiscal year would result of— effective energy savings through the use of in— (I) that transportation; or combined heat and power or district energy ‘‘(A) a negative impact on military train- (II) maintaining a controlled environment installations. ing or readiness activities conducted by the within the vehicle, device, or equipment; and ‘‘(2) INFORMATION AND TECHNICAL ASSIST- Department of Defense; (ii) any federally-owned equipment used to ANCE.—The Secretary shall provide agencies ‘‘(B) a negative impact on domestic pre- generate electricity or transport water. with information and technical assistance paredness activities conducted by the De- (B) SECONDARY SAVINGS.— that will enable the agencies to take advan- partment of Homeland Security; or (i) IN GENERAL.—The term ‘‘secondary sav- tage of the energy savings described in para- ‘‘(C) a requirement that a Federal agency ings’’ means additional energy or cost sav- graph (1). provide emergency response services in the ings that are a direct consequence of the en- ‘‘(3) ENERGY PERFORMANCE REQUIRE- event of a natural disaster or terrorist at- ergy savings that result from the energy effi- MENTS.—Any energy savings from the instal- tack.’’; and ciency improvements that were financed and lations described in paragraph (1) may be ap- (2) by adding at the end the following: implemented pursuant to an energy savings plied to meet the energy performance re- ‘‘(e) CONTRACTS FOR RENEWABLE ENERGY performance contract. quirements for an agency under subsection FROM PUBLIC UTILITY SERVICES.—Notwith- (a)(1).’’. standing section 501(b)(1)(B) of title 40, (ii) INCLUSIONS.—The term ‘‘secondary sav- United States Code, a contract for renewable ings’’ includes— SEC. 266. FEDERAL BUILDING ENERGY EFFI- energy from a public utility service may be (I) energy and cost savings that result CIENCY PERFORMANCE STANDARDS. made for a period of not more than 50 from a reduction in the need for fuel delivery Section 305(a)(3)(A) of the Energy Con- years.’’. and logistical support; servation and Production Act (42 U.S.C. SEC. 263. ENERGY SAVINGS PERFORMANCE CON- (II) personnel cost savings and environ- 6834(a)(3)(A)) is amended— TRACTS. mental benefits; and (1) in the matter preceding clause (i), by (a) RETENTION OF SAVINGS.—Section 546(c) (III) in the case of electric generation striking ‘‘this paragraph’’ and by inserting of the National Energy Conservation Policy equipment, the benefits of increased effi- ‘‘the Energy Efficiency Promotion Act of Act (42 U.S.C. 8256(c)) is amended by striking ciency in the production of electricity, in- 2007’’; and paragraph (5). cluding revenues received by the Federal (2) in clause (i)— (b) SUNSET AND REPORTING REQUIRE- Government from the sale of electricity so (A) in subclause (I), by striking ‘‘and’’ at MENTS.—Section 801 of the National Energy produced. the end;

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(B) by redesignating subclause (II) as sub- (6) by striking ‘‘CABO Model Energy Code, (1) IN GENERAL.—There are authorized to be clause (III); and 1992’’ each place it appears and inserting appropriated such sums as are necessary to (C) by inserting after subclause (I) the fol- ‘‘the 2006 IECC’’; and carry out this section. lowing: (7) by striking ‘‘1989’’ each place it appears (2) ADDITIONAL FUNDING.—In addition to ‘‘(II) the buildings be designed, to the ex- and inserting ‘‘2004’’. amounts authorized to be appropriated under tent economically feasible and technically SEC. 268. ENERGY EFFICIENT COMMERCIAL paragraph (1), the Secretary may allocate practicable, so that the fossil fuel-generated BUILDINGS INITIATIVE. funds from other appropriations to the ini- energy consumption of the buildings is re- (a) DEFINITIONS.—In this section: tiative without changing the purpose for duced, as compared with the fossil fuel-gen- (1) CONSORTIUM.—The term ‘‘consortium’’ which the funds are appropriated. erated energy consumption by a similar Fed- means a working group that is comprised Subtitle F—Assisting State and Local eral building in fiscal year 2003 (as measured of— Governments in Energy Efficiency by Commercial Buildings Energy Consump- (A) individuals representing— tion Survey or Residential Energy Consump- (i) 1 or more businesses engaged in— SEC. 271. WEATHERIZATION ASSISTANCE FOR tion Survey data from the Energy Informa- (I) commercial building development; LOW-INCOME PERSONS. tion Agency), by the percentage specified in (II) construction; or Section 422 of the Energy Conservation and the following table: (III) real estate; Production Act (42 U.S.C. 6872) is amended ‘‘Fiscal Year Percentage reduction (ii) financial institutions; by striking ‘‘$700,000,000 for fiscal year 2008’’ 2007 ...... 50 (iii) academic or research institutions; and inserting ‘‘$750,000,000 for each of fiscal 2010 ...... 60 (iv) State or utility energy efficiency pro- years 2008 through 2012’’. 2015 ...... 70 grams; SEC. 272. STATE ENERGY CONSERVATION PLANS. 2020 ...... 80 (v) nongovernmental energy efficiency or- Section 365(f) of the Energy Policy and 2025 ...... 90 ganizations; and 2030 ...... 100; Conservation Act (42 U.S.C. 6325(f)) is amend- (vi) the Federal Government; and’’. ed by striking ‘‘fiscal year 2008’’ and insert- (B) 1 or more building designers; and ing ‘‘each of fiscal years 2008 through 2012’’. SEC. 267. APPLICATION OF INTERNATIONAL EN- (C) 1 or more individuals who own or oper- ERGY CONSERVATION CODE TO PUB- ate 1 or more buildings. SEC. 273. UTILITY ENERGY EFFICIENCY PRO- LIC AND ASSISTED HOUSING. GRAMS. Section 109 of the Cranston-Gonzalez Na- (2) ENERGY EFFICIENT COMMERCIAL BUILD- (a) ELECTRIC UTILITIES.—Section 111(d) of tional Affordable Housing Act (42 U.S.C. ING.—The term ‘‘energy efficient commercial the Public Utility Regulatory Policies Act of 12709) is amended— building’’ means a commercial building that 1978 (16 U.S.C. 2621(d)) is amended by adding (1) in subsection (a)(1)(C), by striking, ‘‘, is designed, constructed, and operated— at the end the following: where such standards are determined to be (A) to require a greatly reduced quantity ‘‘(16) INTEGRATED RESOURCE PLANNING.— cost effective by the Secretary of Housing of energy; Each electric utility shall— and Urban Development’’; (B) to meet, on an annual basis, the bal- ‘‘(A) integrate energy efficiency resources (2) in subsection (a)(2)— ance of energy needs of the commercial into utility, State, and regional plans; and (A) by striking ‘‘the Council of American building from renewable sources of energy; ‘‘(B) adopt policies establishing cost-effec- Building Officials Model Energy Code, 1992’’ and tive energy efficiency as a priority resource. and inserting ‘‘2006 International Energy (C) to be economically viable. ‘‘(17) RATE DESIGN MODIFICATIONS TO PRO- Conservation Code’’; and (3) INITIATIVE.—The term ‘‘initiative’’ MOTE ENERGY EFFICIENCY INVESTMENTS.— (B) by striking ‘‘, and, with respect to re- means the Energy Efficient Commercial ‘‘(A) IN GENERAL.—The rates allowed to be habilitation and new construction of public Buildings Initiative. charged by any electric utility shall— and assisted housing funded by HOPE VI re- (b) INITIATIVE.— ‘‘(i) align utility incentives with the deliv- vitalization grants under section 24 of the (1) IN GENERAL.—The Secretary shall enter ery of cost-effective energy efficiency; and United States Housing Act of 1937 (42 U.S.C. into an agreement with the consortium to ‘‘(ii) promote energy efficiency invest- 1437v), the 2003 International Energy Con- develop and carry out the initiative— ments. servation Code’’; (A) to reduce the quantity of energy con- ‘‘(B) POLICY OPTIONS.—In complying with (3) in subsection (b)— sumed by commercial buildings located in subparagraph (A), each State regulatory au- (A) in the heading, by striking ‘‘MODEL EN- the United States; and thority and each nonregulated utility shall ERGY CODE.—’’ and inserting ‘‘INTERNATIONAL (B) to achieve the development of energy consider— ENERGY CONSERVATION CODE.—’’; efficient commercial buildings in the United (B) after ‘‘all new construction’’ in the States. ‘‘(i) removing the throughput incentive first sentence insert ‘‘and rehabilitation’’; (2) GOAL OF INITIATIVE.—The goal of the and other regulatory and management dis- and initiative shall be to develop technologies incentives to energy efficiency; (C) by striking ‘‘, and, with respect to re- and practices and implement policies that ‘‘(ii) providing utility incentives for the habilitation and new construction of public lead to energy efficient commercial build- successful management of energy efficiency and assisted housing funded by HOPE VI re- ings for— programs; vitalization grants under section 24 of the (A) any commercial building newly con- ‘‘(iii) including the impact on adoption of United States Housing Act of 1937 (42 U.S.C. structed in the United States by 2030; energy efficiency as 1 of the goals of retail 1437v), the 2003 International Energy Con- (B) 50 percent of the commercial building rate design, recognizing that energy effi- servation Code’’; stock of the United States by 2040; and ciency must be balanced with other objec- (4) in subsection (c)— (C) all commercial buildings in the United tives; ‘‘(iv) adopting rate designs that encourage (A) in the heading, by striking ‘‘MODEL EN- States by 2050. energy efficiency for each customer class; ERGY CODE AND’’; and (3) COMPONENTS.—In carrying out the ini- (B) by striking ‘‘, or, with respect to reha- tiative, the Secretary, in collaboration with and bilitation and new construction of public and the consortium, may— ‘‘(v) allowing timely recovery of energy ef- assisted housing funded by HOPE VI revital- (A) conduct research and development on ficiency-related costs.’’. ization grants under section 24 of the United building design, materials, equipment and (b) NATURAL GAS UTILITIES.—Section 303(b) States Housing Act of 1937 (42 U.S.C. 1437v), controls, operation and other practices, inte- of the Public Utility Regulatory Policies Act the 2003 International Energy Conservation gration, energy use measurement and of 1978 (16 U.S.C. 3203(b)) is amended by add- Code’’; benchmarking, and policies; ing at the end the following: (5) by adding at the end the following: (B) conduct demonstration projects to ‘‘(5) ENERGY EFFICIENCY.—Each natural gas ‘‘(d) FAILURE TO AMEND THE STANDARDS.— evaluate replicable approaches to achieving utility shall— If the Secretaries have not, within 1 year energy efficient commercial buildings for a ‘‘(A) integrate energy efficiency resources after the requirements of the 2006 IECC or variety of building types in a variety of cli- into the plans and planning processes of the the ASHRAE Standard 90.1–2004 are revised, mate zones; natural gas utility; and amended the standards or made a determina- (C) conduct deployment activities to dis- ‘‘(B) adopt policies that establish energy tion under subsection (c) of this section, and seminate information on, and encourage efficiency as a priority resource in the plans if the Secretary of Energy has made a deter- widespread adoption of, technologies, prac- and planning processes of the natural gas mination under section 304 of the Energy tices, and policies to achieve energy efficient utility. Conservation and Production Act (42 U.S.C. commercial buildings; and ‘‘(6) RATE DESIGN MODIFICATIONS TO PRO- 6833) that the revised code or standard would (D) conduct any other activity necessary MOTE ENERGY EFFICIENCY INVESTMENTS.— improve energy efficiency, all new construc- to achieve any goal of the initiative, as de- ‘‘(A) IN GENERAL.—The rates allowed to be tion and rehabilitation of housing specified termined by the Secretary, in collaboration charged by a natural gas utility shall align in subsection (a) shall meet the require- with the consortium. utility incentives with the deployment of ments of the revised code or standard.’’; (c) AUTHORIZATION OF APPROPRIATIONS.— cost-effective energy efficiency.

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‘‘(B) POLICY OPTIONS.—In complying with tion of environmentally beneficial energy applicable criteria under subparagraph subparagraph (A), each State regulatory au- strategies. (B)(ii) or (C)(ii) of subsection (c)(3); and thority and each nonregulated utility shall ‘‘(2) ELIGIBLE ACTIVITIES.—The Secretary, ‘‘(B) submit to the Secretary for approval consider— in consultation with the Administrator of a plan that describes the activities to be ‘‘(i) separating fixed-cost revenue recovery the Environmental Protection Agency, the funded by the grant. from the volume of transportation or sales Secretary of Transportation, and the Sec- ‘‘(3) COST-SHARING REQUIREMENT.— service provided to the customer; retary of Housing and Urban Development, ‘‘(A) FEDERAL SHARE.—The Federal share ‘‘(ii) providing to utilities incentives for shall establish a list of activities that are el- of the cost of carrying out any activities the successful management of energy effi- igible for assistance under the grant pro- under this subsection shall be 75 percent. ciency programs, such as allowing utilities gram. ‘‘(B) NON-FEDERAL SHARE.— to retain a portion of the cost-reducing bene- ‘‘(3) ALLOCATION TO STATES AND ELIGIBLE ‘‘(i) FORM.—Not more than 50 percent of fits accruing from the programs; UNITS OF LOCAL GOVERNMENT.— the non-Federal share may be in the form of ‘‘(iii) promoting the impact on adoption of ‘‘(A) IN GENERAL.—Of the amounts made in-kind contributions. energy efficiency as 1 of the goals of retail available to provide grants under this sub- ‘‘(ii) LIMITATION.—Amounts provided to an rate design, recognizing that energy effi- section, the Secretary shall allocate— eligible entity under subsection (c) shall not ciency must be balanced with other objec- ‘‘(i) 70 percent to eligible units of local be used toward the non-Federal share. tives; and government; and ‘‘(4) MAINTENANCE OF EFFORT.—An eligible ‘‘(iv) adopting rate designs that encourage ‘‘(ii) 30 percent to States. entity shall provide assurances to the Sec- energy efficiency for each customer class.’’. ‘‘(B) DISTRIBUTION TO ELIGIBLE UNITS OF retary that funds provided to the eligible en- SEC. 274. ENERGY EFFICIENCY AND DEMAND RE- LOCAL GOVERNMENT.— tity under this subsection will be used only SPONSE PROGRAM ASSISTANCE. ‘‘(i) IN GENERAL.—The Secretary shall es- to supplement, not to supplant, the amount The Secretary shall provide technical as- tablish a formula for the distribution of of Federal, State, and local funds otherwise sistance regarding the design and implemen- amounts under subparagraph (A)(i) to eligi- expended by the eligible entity for eligible tation of the energy efficiency and demand ble units of local government, taking into activities under this subsection. response programs established under this account any factors that the Secretary de- ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— title, and the amendments made by this termines to be appropriate, including the There are authorized to be appropriated such title, to State energy offices, public utility residential and daytime population of the el- sums as are necessary to carry out this sub- regulatory commissions, and nonregulated igible units of local government. section for each of fiscal years 2008 through utilities through the appropriate national ‘‘(ii) CRITERIA.—Amounts shall be distrib- 2012. uted to eligible units of local government laboratories of the Department of Energy. ‘‘(e) GRANTS TO OTHER STATES AND COMMU- under clause (i) only if the eligible units of NITIES.— SEC. 275. ENERGY AND ENVIRONMENTAL BLOCK local government meet the criteria for dis- GRANT. ‘‘(1) IN GENERAL.—Of the total amount of tribution established by the Secretary for Title I of the Housing and Community De- funds that are made available each fiscal units of local government. velopment Act of 1974 (42 U.S.C. 5301 et seq.) year to carry out this section, the Secretary ‘‘(C) DISTRIBUTION TO STATES.— is amended by adding at the end the fol- shall use 2 percent of the amount to make ‘‘(i) IN GENERAL.—Of the amounts provided lowing: competitive grants under this section to to States under subparagraph (A)(ii), the States and units of local government that ‘‘SEC. 123. ENERGY AND ENVIRONMENTAL BLOCK Secretary shall distribute— GRANT. are not eligible entities or to consortia of ‘‘(I) at least 1.25 percent to each State; and ‘‘(a) DEFINITIONS.—In this section such units of local government. ‘‘(II) the remainder among the States, ‘‘(2) APPLICATIONS.—To be eligible for a ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible based on a formula, to be determined by the grant under this subsection, a State, unit of entity’ means— Secretary, that takes into account the popu- local government, or consortia described in ‘‘(A) a State; lation of the States and any other criteria paragraph (1) shall apply to the Secretary for ‘‘(B) an eligible unit of local government that the Secretary determines to be appro- a grant to carry out an activity that would within a State; and priate. otherwise be eligible for a grant under sub- ‘‘(C) an Indian tribe. ‘‘(ii) CRITERIA.—Amounts shall be distrib- ‘‘(2) ELIGIBLE UNIT OF LOCAL GOVERNMENT.— uted to States under clause (i) only if the section (c) or (d). The term ‘eligible unit of local government’ States meet the criteria for distribution es- ‘‘(3) PRIORITY.—In awarding grants under means— tablished by the Secretary for States. this subsection, the Secretary shall give pri- ority to— ‘‘(A) a city with a population— ‘‘(iii) LIMITATION ON USE OF STATE FUNDS.— ‘‘(i) of at least 35,000; or At least 40 percent of the amounts distrib- ‘‘(A) States with populations of less than ‘‘(ii) that causes the city to be 1 of the top uted to States under this subparagraph shall 2,000,000; and 10 most populous cities of the State in which be used by the States for the conduct of eli- ‘‘(B) projects that would result in signifi- the city is located; and gible activities in nonentitlement areas in cant energy efficiency improvements, reduc- ‘‘(B) a county with a population— the States, in accordance with any criteria tions in fossil fuel use, or capital improve- ‘‘(i) of at least 200,000; or established by the Secretary. ments.’’. ‘‘(ii) that causes the county to be 1 of the ‘‘(4) REPORT.—Not later than 2 years after SEC. 276. ENERGY SUSTAINABILITY AND EFFI- top 10 most populous counties of the State in the date on which an eligible entity first re- CIENCY GRANTS FOR INSTITUTIONS which the county is located. ceives a grant under this section, and every OF HIGHER EDUCATION. ‘‘(3) SECRETARY.—The term ‘Secretary’ 2 years thereafter, the eligible entity shall Part G of title III of the Energy Policy and means the Secretary of Energy. submit to the Secretary a report that de- Conservation Act is amended by inserting ‘‘(4) STATE.—The term ‘State’ means— scribes any eligible activities carried out after section 399 (42 U.S.C. 371h) the fol- ‘‘(A) a State; using assistance provided under this sub- lowing: ‘‘(B) the District of Columbia; section. ‘‘SEC. 399A. ENERGY SUSTAINABILITY AND EFFI- ‘‘(C) the Commonwealth of Puerto Rico; ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— CIENCY GRANTS FOR INSTITUTIONS and There are authorized to be appropriated such OF HIGHER EDUCATION. ‘‘(D) any other territory or possession of sums as are necessary to carry out this sub- ‘‘(a) DEFINITIONS.—In this section: the United States. section for each of fiscal years 2008 through ‘‘(1) ENERGY SUSTAINABILITY.—The term ‘‘(b) PURPOSE.—The purpose of this section 2012. ‘energy sustainability’ includes using a re- is to assist State and local governments in ‘‘(d) ENVIRONMENTALLY BENEFICIAL ENERGY newable energy resource and a highly effi- implementing strategies— STRATEGIES SUPPLEMENTAL GRANT PRO- cient technology for electricity generation, ‘‘(1) to reduce fossil fuel emissions created GRAM.— transportation, heating, or cooling. as a result of activities within the bound- ‘‘(1) IN GENERAL.—The Secretary shall pro- ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— aries of the States or units of local govern- vide to each eligible entity that meets the The term ‘institution of higher education’ ment; applicable criteria under subparagraph has the meaning given the term in section 2 ‘‘(2) to reduce the total energy use of the (B)(ii) or (C)(ii) of subsection (c)(3) a supple- of the Energy Policy Act of 2005 (42 U.S.C. States and units of local government; and mental grant to pay the Federal share of the 15801). ‘‘(3) to improve energy efficiency in the total costs of carrying out an activity relat- ‘‘(b) GRANTS FOR ENERGY EFFICIENCY IM- transportation sector, building sector, and ing to the implementation of an environ- PROVEMENT.— any other appropriate sectors. mentally beneficial energy strategy. ‘‘(1) IN GENERAL.—The Secretary shall ‘‘(c) PROGRAM.— ‘‘(2) REQUIREMENTS.—To be eligible for a award not more than 100 grants to institu- ‘‘(1) IN GENERAL.—The Secretary shall pro- grant under paragraph (1), an eligible entity tions of higher education to carry out vide to eligible entities block grants to carry shall— projects to improve energy efficiency on the out eligible activities (as specified under ‘‘(A) demonstrate to the satisfaction of the grounds and facilities of the institution of paragraph (2)) relating to the implementa- Secretary that the eligible entity meets the higher education, including not less than 1

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.002 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15262 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 June 11, 2007 grant to an institution of higher education (2) by inserting after subsection (c) the fol- ance of new approaches to capture and store, in each State. lowing: recycle, or reuse carbon dioxide. ‘‘(2) CONDITION.—As a condition of receiv- ‘‘(d) WORKFORCE TRAINING.— ‘‘(B) PROGRAM INTEGRATION.—The Sec- ing a grant under this subsection, an institu- ‘‘(1) IN GENERAL.—The Secretary, in co- retary shall ensure that fundamental re- tion of higher education shall agree to— operation with the Secretary of Labor, shall search carried out under this paragraph is ‘‘(A) implement a public awareness cam- promulgate regulations to implement a pro- appropriately applied to energy technology paign concerning the project in the commu- gram to provide workforce training to meet development activities, the field testing of nity in which the institution of higher edu- the high demand for workers skilled in the carbon sequestration, and carbon use activi- cation is located; and energy efficiency and renewable energy in- ties, including— ‘‘(B) submit to the Secretary, and make dustries. ‘‘(i) development of new or improved tech- available to the public, reports on any effi- ‘‘(2) CONSULTATION.—In carrying out this nologies for the capture of carbon dioxide; ciency improvements, energy cost savings, subsection, the Secretary shall consult with ‘‘(ii) development of new or improved tech- and environmental benefits achieved as part representatives of the energy efficiency and nologies that reduce the cost and increase of a project carried out under paragraph (1). renewable energy industries concerning the efficacy of the compression of carbon di- ‘‘(c) GRANTS FOR INNOVATION IN ENERGY skills that are needed in those industries.’’. oxide required for the storage of carbon diox- SUSTAINABILITY.— SEC. 278. ASSISTANCE TO STATES TO REDUCE ide; ‘‘(1) IN GENERAL.—The Secretary shall SCHOOL BUS IDLING. ‘‘(iii) modeling and simulation of geologi- award not more than 250 grants to institu- (a) STATEMENT OF POLICY.—Congress en- cal sequestration field demonstrations; tions of higher education to engage in inno- courages each local educational agency (as ‘‘(iv) quantitative assessment of risks re- vative energy sustainability projects, includ- defined in section 9101(26) of the Elementary lating to specific field sites for testing of se- ing not less than 2 grants to institutions of and Secondary Education Act of 1965 (20 questration technologies; and higher education in each State. U.S.C. 7801(26))) that receives Federal funds ‘‘(v) research and development of new and ‘‘(2) INNOVATION PROJECTS.—An innovation under the Elementary and Secondary Edu- improved technologies for carbon use, in- project carried out with a grant under this cation Act of 1965 (20 U.S.C. 6301 et seq.) to cluding recycling and reuse of carbon diox- subsection shall— develop a policy to reduce the incidence of ide. ‘‘(A) involve— school bus idling at schools while picking up ‘‘(2) CARBON CAPTURE DEMONSTRATION ‘‘(i) an innovative technology that is not and unloading students. PROJECT.— yet commercially available; or (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) IN GENERAL.—The Secretary shall ‘‘(ii) available technology in an innovative There are authorized to be appropriated to carry out a demonstration of large-scale car- application that maximizes energy efficiency the Secretary, working in coordination with bon dioxide capture from an appropriate gas- and sustainability; the Secretary of Education, $5,000,000 for ification facility selected by the Secretary. ‘‘(B) have the greatest potential for testing each of fiscal years 2007 through 2012 for use ‘‘(B) LINK TO STORAGE ACTIVITIES.—The or demonstrating new technologies or proc- in educating States and local education Secretary may require the use of carbon di- esses; and agencies about— oxide from the project carried out under sub- ‘‘(C) ensure active student participation in (1) benefits of reducing school bus idling; paragraph (A) in a field testing validation the project, including the planning, imple- and activity under this section. mentation, evaluation, and other phases of (2) ways in which school bus idling may be ‘‘(3) FIELD VALIDATION TESTING ACTIVI- the project. reduced. TIES.— ‘‘(3) CONDITION.—As a condition of receiv- TITLE III—CARBON CAPTURE AND STOR- ‘‘(A) IN GENERAL.—The Secretary shall pro- ing a grant under this subsection, an institu- AGE RESEARCH, DEVELOPMENT, AND mote, to the maximum extent practicable, tion of higher education shall agree to sub- DEMONSTRATION regional carbon sequestration partnerships mit to the Secretary, and make available to SEC. 301. SHORT TITLE. to conduct geologic sequestration tests in- the public, reports that describe the results This title may be cited as the ‘‘Carbon volving carbon dioxide injection and moni- of the projects carried out under paragraph Capture and Sequestration Act of 2007’’. toring, mitigation, and verification oper- (1). SEC. 302. CARBON CAPTURE AND STORAGE RE- ations in a variety of candidate geological ‘‘(d) AWARDING OF GRANTS.— SEARCH, DEVELOPMENT, AND DEM- settings, including— ‘‘(1) APPLICATION.—An institution of higher ONSTRATION PROGRAM. ‘‘(i) operating oil and gas fields; education that seeks to receive a grant Section 963 of the Energy Policy Act of ‘‘(ii) depleted oil and gas fields; under this section may submit to the Sec- 2005 (42 U.S.C. 16293) is amended— ‘‘(iii) unmineable coal seams; retary an application for the grant at such (1) in the section heading, by striking ‘‘re- ‘‘(iv) deep saline formations; time, in such form, and containing such in- search and development’’ and inserting ‘‘and ‘‘(v) deep geological systems that may be formation as the Secretary may prescribe. storage research, development, and dem- used as engineered reservoirs to extract eco- ‘‘(2) SELECTION.—The Secretary shall es- onstration’’; nomical quantities of heat from geothermal tablish a committee to assist in the selection (2) in subsection (a)— resources of low permeability or porosity; of grant recipients under this section. (A) by striking ‘‘research and develop- and ‘‘(e) ALLOCATION TO INSTITUTIONS OF HIGH- ment’’ and inserting ‘‘and storage research, ‘‘(vi) deep geologic systems containing ba- ER EDUCATION WITH SMALL ENDOWMENTS.—Of development, and demonstration’’; and salt formations. the amount of grants provided for a fiscal (B) by striking ‘‘capture technologies on ‘‘(B) OBJECTIVES.—The objectives of tests year under this section, the Secretary shall combustion-based systems’’ and inserting conducted under this paragraph shall be— provide not less 50 percent of the amount to ‘‘capture and storage technologies related to ‘‘(i) to develop and validate geophysical institutions of higher education that have an energy systems’’; tools, analysis, and modeling to monitor, endowment of not more than $100,000,000, (3) in subsection (b)— predict, and verify carbon dioxide contain- with 50 percent of the allocation set aside for (A) in paragraph (3), by striking ‘‘and’’ at ment; institutions of higher education that have an the end; ‘‘(ii) to validate modeling of geological for- endowment of not more than $50,000,000. (B) in paragraph (4), by striking the period mations; ‘‘(f) GRANT AMOUNTS.—The maximum at the end and inserting ‘‘; and’’; and ‘‘(iii) to refine storage capacity estimated amount of grants for a project under this (C) by adding at the end the following: for particular geological formations; section shall not exceed— ‘‘(5) to expedite and carry out large-scale ‘‘(iv) to determine the fate of carbon diox- ‘‘(1) in the case of grants for energy effi- testing of carbon sequestration systems in a ide concurrent with and following injection ciency improvement under subsection (b), range of geological formations that will pro- into geological formations; $1,000,000; or vide information on the cost and feasibility ‘‘(v) to develop and implement best prac- ‘‘(2) in the case of grants for innovation in of deployment of sequestration tech- tices for operations relating to, and moni- energy sustainability under subsection (c), nologies.’’; and toring of, injection and storage of carbon di- $500,000. (4) by striking subsection (c) and inserting oxide in geologic formations; ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— the following: ‘‘(vi) to assess and ensure the safety of op- There are authorized to be appropriated such ‘‘(c) PROGRAMMATIC ACTIVITIES.— erations related to geological storage of car- sums as are necessary to carry out this sec- ‘‘(1) ENERGY RESEARCH AND DEVELOPMENT bon dioxide; and tion for each of fiscal years 2008 through UNDERLYING CARBON CAPTURE AND STORAGE ‘‘(vii) to allow the Secretary to promulgate 2012.’’. TECHNOLOGIES AND CARBON USE ACTIVITIES.— policies, procedures, requirements, and guid- SEC. 277. WORKFORCE TRAINING. ‘‘(A) IN GENERAL.—The Secretary shall ance to ensure that the objectives of this Section 1101 of the Energy Policy Act of carry out fundamental science and engineer- subparagraph are met in large-scale testing 2005 (42 U.S.C. 16411) is amended— ing research (including laboratory-scale ex- and deployment activities for carbon capture (1) by redesignating subsection (d) as sub- periments, numeric modeling, and simula- and storage that are funded by the Depart- section (e); and tions) to develop and document the perform- ment of Energy.

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‘‘(4) LARGE-SCALE TESTING AND DEPLOY- (3) the injectivity of the potential storage corporate the results of the assessment using MENT.— formations; the NatCarb database, to the maximum ex- ‘‘(A) IN GENERAL.—The Secretary shall con- (4) an estimate of potential volumes of oil tent practicable. duct not less than 7 initial large-volume se- and gas recoverable by injection and storage (B) RANKING.—The database shall include questration tests for geological containment of industrial carbon dioxide in potential the data necessary to rank potential storage of carbon dioxide (at least 1 of which shall be storage formations; sites for capacity and risk, across the United international in scope) to validate informa- (5) the risk associated with the potential States, within each State, by formation, and tion on the cost and feasibility of commer- storage formations; and within each basin. cial deployment of technologies for geologi- (6) the Carbon Sequestration Atlas of the (5) REPORT.—Not later than 180 days after cal containment of carbon dioxide. United States and Canada that was com- the date on which the assessment is com- ‘‘(B) DIVERSITY OF FORMATIONS TO BE STUD- pleted by the Department of Energy in April pleted, the Secretary shall submit to the IED.—In selecting formations for study under 2006. Committee on Energy and Natural Resources this paragraph, the Secretary shall consider (c) COORDINATION.— of the Senate and the Committee on Science a variety of geological formations across the (1) FEDERAL COORDINATION.— and Technology of the House of Representa- United States, and require characterization (A) CONSULTATION.—The Secretary shall tives a report describing the findings under and modeling of candidate formations, as de- consult with the Secretary of Energy and the the assessment. termined by the Secretary. Administrator of the Environmental Protec- (6) PERIODIC UPDATES.—The national as- ‘‘(5) PREFERENCE IN PROJECT SELECTION tion Agency on issues of data sharing, for- sessment developed under this section shall FROM MERITORIOUS PROPOSALS.—In making mat, development of the methodology, and be updated periodically (including at least competitive awards under this subsection, content of the assessment required under once every 5 years) to support public and pri- subject to the requirements of section 989, this title to ensure the maximum usefulness vate sector decisionmaking. the Secretary shall give preference to pro- and success of the assessment. (g) AUTHORIZATION OF APPROPRIATIONS.— posals from partnerships among industrial, (B) COOPERATION.—The Secretary of En- There is authorized to be appropriated to academic, and government entities. ergy and the Administrator shall cooperate carry out this section $30,000,000 for the pe- with the Secretary to ensure, to the max- ‘‘(6) COST SHARING.—Activities under this riod of fiscal years 2008 through 2012. subsection shall be considered research and imum extent practicable, the usefulness and success of the assessment. SEC. 304. CARBON CAPTURE AND STORAGE INI- development activities that are subject to TIATIVE. (2) STATE COORDINATION.—The Secretary the cost-sharing requirements of section (a) DEFINITIONS.—In this section: shall consult with State geological surveys 988(b). (1) INDUSTRIAL SOURCES OF CARBON DIOX- and other relevant entities to ensure, to the ‘‘(7) PROGRAM REVIEW AND REPORT.—During IDE.—The term ‘‘industrial sources of carbon maximum extent practicable, the usefulness fiscal year 2011, the Secretary shall— dioxide’’ means one or more facilities to— and success of the assessment. ‘‘(A) conduct a review of programmatic ac- (A) generate electric energy from fossil (d) EXTERNAL REVIEW AND PUBLICATION.— tivities carried out under this subsection; On completion of the methodology under fuels; and subsection (b), the Secretary shall— (B) refine petroleum; ‘‘(B) make recommendations with respect (1) publish the methodology and solicit (C) manufacture iron or steel; to continuation of the activities. comments from the public and the heads of (D) manufacture cement or cement clink- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— affected Federal and State agencies; er; There are authorized to be appropriated to (2) establish a panel of individuals with ex- (E) manufacture commodity chemicals (in- carry out this section— pertise in the matters described in para- cluding from coal gasification); or ‘‘(1) $150,000,000 for fiscal year 2008; graphs (1) through (5) of subsection (b) com- (F) manufacture transportation fuels from ‘‘(2) $200,000,000 for fiscal year 2009; posed, as appropriate, of representatives of coal. ‘‘(3) $200,000,000 for fiscal year 2010; Federal agencies, institutions of higher edu- (2) SECRETARY.—The term ‘‘Secretary’’ ‘‘(4) $180,000,000 for fiscal year 2011; and cation, nongovernmental organizations, means the Secretary of Energy. ‘‘(5) $165,000,000 for fiscal year 2012.’’. State organizations, industry, and inter- (b) PROGRAM ESTABLISHMENT.— SEC. 303. CARBON DIOXIDE STORAGE CAPACITY national geoscience organizations to review (1) IN GENERAL.—The Secretary shall carry ASSESSMENT. the methodology and comments received out a program to demonstrate technologies (a) DEFINITIONS.—In this section under paragraph (1); and for the large-scale capture of carbon dioxide (1) ASSESSMENT.—The term ‘‘assessment’’ (3) on completion of the review under para- from industrial sources of carbon dioxide. means the national assessment of capacity graph (2), publish in the Federal Register the (2) SCOPE OF AWARD.—An award under this for carbon dioxide completed under sub- revised final methodology. section shall be only for the portion of the section (f). (e) PERIODIC UPDATES.—The methodology project that carries out the large-scale cap- (2) CAPACITY.—The term ‘‘capacity’’ means developed under this section shall be updated ture (including purification and compres- the portion of a storage formation that can periodically (including at least once every 5 sion) of carbon dioxide, as well as the cost of retain carbon dioxide in accordance with the years) to incorporate new data as the data transportation and injection of carbon diox- requirements (including physical, geological, becomes available. ide. and economic requirements) established (f) NATIONAL ASSESSMENT.— (3) QUALIFICATIONS FOR AWARD.—To be eli- under the methodology developed under sub- (1) IN GENERAL.—Not later than 2 years gible for an award under this section, a section (b). after the date of publication of the method- project proposal must include the following: (3) ENGINEERED HAZARD.—The term ‘‘engi- ology under subsection (d)(1), the Secretary, (A) CAPACITY.—The capture of not less neered hazard’’ includes the location and in consultation with the Secretary of Energy than eighty-five percent of the produced car- completion history of any well that could af- and State geological surveys, shall complete bon dioxide at the facility, and not less than fect potential storage. a national assessment of capacity for carbon 500,000 short tons of carbon dioxide per year. (4) RISK.—The term ‘‘risk’’ includes any dioxide in accordance with the methodology. (B) STORAGE AGREEMENT.—A binding agree- risk posed by geomechanical, geochemical, (2) GEOLOGICAL VERIFICATION.—As part of ment for the storage of all of the captured hydrogeological, structural, and engineered the assessment under this subsection, the carbon dioxide in— hazards. Secretary shall carry out a drilling program (i) a field testing validation activity under (5) SECRETARY.—The term ‘‘Secretary’’ to supplement the geological data relevant section 963 of the Energy Policy Act of 2005, means the Secretary of the Interior, acting to determining storage capacity of carbon as amended by this Act; or through the Director of the United States dioxide in geological storage formations, in- (ii) other geological storage projects ap- Geological Survey. cluding— proved by the Secretary. (6) STORAGE FORMATION.—The term ‘‘stor- (A) well log data; (C) PURITY LEVEL.—A purity level of at age formation’’ means a deep saline forma- (B) core data; and least 95 percent for the captured carbon diox- tion, unmineable coal seam, or oil or gas res- (C) fluid sample data. ide delivered for storage. ervoir that is capable of accommodating a (3) PARTNERSHIP WITH OTHER DRILLING PRO- (D) COMMITMENT TO CONTINUED OPERATION volume of industrial carbon dioxide. GRAMS.—As part of the drilling program OF SUCCESSFUL UNIT.—If the project success- (b) METHODOLOGY.—Not later than 1 year under paragraph (2), the Secretary shall fully demonstrates capture and storage of after the date of enactment of this Act, the enter, as appropriate, into partnerships with carbon dioxide, a commitment to continued Secretary shall develop a methodology for other entities to collect and integrate data capture and storage of carbon dioxide after conducting an assessment under subsection from other drilling programs relevant to the the conclusion of the demonstration. (f), taking into consideration— storage of carbon dioxide in geologic forma- (4) COST-SHARING.—The cost-sharing re- (1) the geographical extent of all potential tions. quirements of section 988 of the Energy Pol- storage formations in all States; (4) INCORPORATION INTO NATCARB.— icy Act of 2005 shall apply to this section. (2) the capacity of the potential storage (A) IN GENERAL.—On completion of the as- (c) AUTHORIZATION OF APPROPRIATIONS.— formations; sessment, the Secretary of Energy shall in- There is authorized to be appropriated to the

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Secretary to carry out this section (c) GSA FACILITY COST-EFFECTIVE TECH- (B) to achieve operational cost savings, $100,000,000 per year for fiscal years 2009 NOLOGIES AND PRACTICES.—Not later than 180 through the application of cost-effective through 2013. days after the date of enactment of this Act, technologies and practices, as verified by the TITLE IV—COST-EFFECTIVE AND ENVI- and annually thereafter, the Administrator Administrator. RONMENTALLY SUSTAINABLE PUBLIC shall— (2) COST SHARING.— BUILDINGS (1) ensure that a manager responsible for (A) IN GENERAL.—The Federal share of the Subtitle A—Public Buildings Cost Reduction accelerating the use of cost-effective tech- cost of an activity carried out using a grant nologies and practices is designated for each provided under this section shall be 40 per- SEC. 401. SHORT TITLE. GSA facility; and This subtitle may be cited as the ‘‘Public cent. (2) submit to Congress a plan, to be imple- Buildings Cost Reduction Act of 2007’’. (B) WAIVER OF NON-FEDERAL SHARE.—The mented to the maximum extent feasible (in- Administrator may waive up to 100 percent SEC. 402. COST-EFFECTIVE TECHNOLOGY ACCEL- cluding at the maximum rate feasible) using ERATION PROGRAM. of the local share of the cost of any grant available appropriations, by not later than (a) ESTABLISHMENT.— under this section should the Administrator the date that is 5 years after the date of en- (1) IN GENERAL.—The Administrator of determine that the community is economi- actment of this Act, that— General Services (referred to in this section cally distressed, pursuant to objective eco- (A) identifies the specific activities needed as the ‘‘Administrator’’) shall establish a nomic criteria established by the Adminis- to achieve a 20-percent reduction in oper- program to accelerate the use of more cost- trator in published guidelines. ational costs through the application of cost- effective technologies and practices at GSA (3) MAXIMUM AMOUNT.—The amount of a effective technologies and practices from facilities. grant provided under this subsection shall 2003 levels at GSA facilities by not later than (2) REQUIREMENTS.—The program estab- not exceed $1,000,000. 5 years after the date of enactment of this lished under this subsection shall— (b) GUIDELINES.— Act; (A) ensure centralized responsibility for (1) IN GENERAL.—Not later than 1 year after (B) describes activities required and car- the coordination of cost reduction rec- the date of enactment of this Act, the Ad- ried out to estimate the funds necessary to ommendations, practices, and activities of ministrator shall issue guidelines to imple- achieve the reduction described in subpara- all relevant Federal agencies; ment the grant program established under graph (A); (B) provide technical assistance and oper- subsection (a). (C) describes the status of the implementa- ational guidance to applicable tenants in (2) REQUIREMENTS.—The guidelines under tion of cost-effective technologies and prac- order to achieve the goals identified in sub- paragraph (1) shall establish— tices at GSA facilities, including— section (c)(2)(A); and (A) standards for monitoring and (i) the extent to which programs, including (C) establish methods to track the success verification of operational cost savings the program established under subsection of departments and agencies with respect to through the application of cost-effective (b), are being carried out in accordance with technologies and practices reported by the goals identified in subsection (c)(2)(A). this subtitle; and (b) ACCELERATED USE OF COST-EFFECTIVE grantees under this section; (ii) the status of funding requests and ap- LIGHTING TECHNOLOGIES.— (B) standards for grantees to implement propriations for those programs; (1) REVIEW.— training programs, and to provide technical (D) identifies within the planning, budg- (A) IN GENERAL.—As part of the program assistance and education, relating to the ret- eting, and construction process all types of under this subsection, not later than 90 days rofit of buildings using cost-effective tech- GSA facility-related procedures that inhibit after the date of enactment of this Act, the nologies and practices; and new and existing GSA facilities from imple- Administrator shall conduct a review of— (C) a requirement that each local govern- menting cost-effective technologies and (i) current use of cost-effective lighting ment that receives a grant under this section practices; technologies in GSA facilities; and shall achieve facility-wide cost savings, (E) recommends language for uniform through renovation of existing local govern- (ii) the availability to managers of GSA fa- standards for use by Federal agencies in im- ment buildings using cost-effective tech- cilities of cost-effective lighting tech- plementing cost-effective technologies and nologies and practices, of at least 40 percent nologies. practices; (B) REQUIREMENTS.—The review under sub- (F) in coordination with the Office of Man- as compared to the baseline operational paragraph (A) shall— agement and Budget, reviews the budget costs of the buildings before the renovation (i) examine the use of cost-effective light- process for capital programs with respect to (as calculated assuming a 3-year, weather- ing technologies and other cost-effective alternatives for— normalized average). (c) COMPLIANCE WITH STATE AND LOCAL technologies and practices by Federal agen- (i) permitting Federal agencies to retain LAW.—Nothing in this section or any pro- cies in GSA facilities; and all identified savings accrued as a result of gram carried out using a grant provided (ii) identify, in consultation with the Envi- the use of cost-effective technologies and under this section supersedes or otherwise ronmental Protection Agency, cost-effective practices; and affects any State or local law, to the extent lighting technology standards that could be (ii) identifying short- and long-term cost that the State or local law contains a re- used for all types of GSA facilities. savings that accrue from cost-effective tech- quirement that is more stringent than the (2) REPLACEMENT.— nologies and practices; relevant requirement of this section. (A) IN GENERAL.—As part of the program (G) achieves cost savings through the ap- (d) AUTHORIZATION OF APPROPRIATIONS.— under this subsection, not later than 180 days plication of cost-effective technologies and There is authorized to be appropriated to after the date of enactment of this Act, the practices sufficient to pay the incremental carry out this section $20,000,000 for each of Administrator shall establish a cost-effec- additional costs of installing the cost-effec- fiscal years 2007 through 2012. tive lighting technology acceleration pro- tive technologies and practices by not later (e) REPORTS.— gram to achieve maximum feasible replace- than the date that is 5 years after the date (1) IN GENERAL.—The Administrator shall ment of existing lighting technologies with of installation; and provide annual reports to Congress on cost more cost-effective lighting technologies in (H) includes recommendations to address savings achieved and actions taken and rec- each GSA facility using available appropria- each of the matters, and a plan for imple- ommendations made under this section, and tions. mentation of each recommendation, de- any recommendations for further action. (B) ACCELERATION PLAN TIMETABLE.— scribed in subparagraphs (A) through (G). (2) FINAL REPORT.—The Administrator (i) IN GENERAL.—To implement the pro- (d) AUTHORIZATION OF APPROPRIATIONS.— gram established under subparagraph (A), There are authorized to be appropriated such shall issue a final report at the conclusion of not later than 1 year after the date of enact- sums as are necessary to carry out this sec- the program, including findings, a summary ment of this Act, the Administrator shall es- tion, to remain available until expended. of total cost savings achieved, and rec- ommendations for further action. tablish a timetable including milestones for SEC. 403. ENVIRONMENTAL PROTECTION AGEN- specific activities needed to replace existing CY DEMONSTRATION GRANT PRO- (f) TERMINATION.—The program under this lighting technologies with more cost-effec- GRAM FOR LOCAL GOVERNMENTS. section shall terminate on September 30, tive lighting technologies, to the maximum (a) GRANT PROGRAM.— 2012. extent feasible (including at the maximum (1) IN GENERAL.—The Administrator of the SEC. 404. DEFINITIONS. rate feasible), at each GSA facility. Environmental Protection Agency (referred In this subtitle: (ii) GOAL.—The goal of the timetable under to in this section as the ‘‘Administrator’’) (1) COST-EFFECTIVE LIGHTING TECHNOLOGY.— clause (i) shall be to complete, using avail- shall establish a demonstration program (A) IN GENERAL.—The term ‘‘cost-effective able appropriations, maximum feasible re- under which the Administrator shall provide lighting technology’’ means a lighting tech- placement of existing lighting technologies competitive grants to assist local govern- nology that— with more cost-effective lighting tech- ments (such as municipalities and counties), (i) will result in substantial operational nologies by not later than the date that is 5 with respect to local government buildings— cost savings by ensuring an installed con- years after the date of enactment of this (A) to deploy cost-effective technologies sumption of not more than 1 watt per square Act. and practices; and foot; or

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.002 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 15265 (ii) is contained in a list under— Subtitle B—Installation of Photovoltaic Sys- (E) 70 percent of electricity consumption; (I) section 553 of Public Law 95–619 (42 tem at Department of Energy Headquarters (5) green building certification programs U.S.C. 8259b); and Building can be highly beneficial by disseminating up- (II) Federal acquisition regulation 23–203. SEC. 411. INSTALLATION OF PHOTOVOLTAIC SYS- to-date information and expertise regarding (B) INCLUSIONS.—The term ‘‘cost-effective TEM AT DEPARTMENT OF ENERGY high-performance green buildings, and by lighting technology’’ includes— HEADQUARTERS BUILDING. providing third-party verification of green (i) lamps; (a) IN GENERAL.—The Administrator of building design, practices, and materials, (ii) ballasts; General Services shall install a photovoltaic and other aspects of buildings; and (iii) luminaires; system, as set forth in the Sun Wall Design (6) a July 2006 study completed for the (iv) lighting controls; Project, for the headquarters building of the General Services Administration, entitled (v) daylighting; and Department of Energy located at 1000 Inde- ‘‘Sustainable Building Rating Systems Sum- (vi) early use of other highly cost-effective pendence Avenue, Southwest, Washington, mary,’’ concluded that— D.C., commonly known as the Forrestal lighting technologies. (A) green building standards are an impor- Building. (2) COST-EFFECTIVE TECHNOLOGIES AND tant means to encourage better practices; (b) FUNDING.—There shall be available (B) the Leadership in Energy and Environ- PRACTICES.—The term ‘‘cost-effective tech- from the Federal Buildings Fund established nologies and practices’’ means a technology mental Design (LEED) standard for green by section 592 of title 40, United States Code, building certification is ‘‘currently the dom- or practice that— $30,000,000 to carry out this section. Such (A) will result in substantial operational inant system in the United States market sums shall be derived from the unobligated and is being adapted to multiple markets cost savings by reducing utility costs; and balance of amounts made available from the worldwide’’; and (B) complies with the provisions of section Fund for fiscal year 2007, and prior fiscal (C) there are other useful green building 553 of Public Law 95–619 (42 U.S.C. 8259b) and years, for repairs and alterations and other certification or rating programs in various Federal acquisition regulation 23–203. activities (excluding amounts made avail- stages of development and adoption, includ- (3) OPERATIONAL COST SAVINGS.— able for the energy program). Such sums ing the Green Globes program and other rat- (A) IN GENERAL.—The term ‘‘operational shall remain available until expended. ing systems. cost savings’’ means a reduction in end-use (c) OBLIGATION OF FUNDS.—None of the (b) PURPOSES.—The purposes of this sub- operational costs through the application of funds made available pursuant to subsection title are— cost-effective technologies and practices, in- (b) may be obligated prior to September 30, (1) to encourage the Federal Government cluding a reduction in electricity consump- 2007. to act as an example for State and local gov- tion relative to consumption by the same Subtitle C—High-Performance Green ernments, the private sector, and individuals customer or at the same facility in a given Buildings by building high-performance green build- year, as defined in guidelines promulgated SEC. 421. SHORT TITLE. ings that reduce energy use and environ- by the Administrator pursuant to section This subtitle may be cited as the ‘‘High- mental impacts; 403(b), that achieves cost savings sufficient Performance Green Buildings Act of 2007’’. (2) to establish an Office within the Gen- to pay the incremental additional costs of SEC. 422. FINDINGS AND PURPOSES. eral Services Administration, and a Green using cost-effective technologies and prac- (a) FINDINGS.—Congress finds that— Building Advisory Committee, to advance tices by not later than the date that is 5 (1) high-performance green buildings— the goals of conducting research and devel- years after the date of installation. (A) reduce energy, water, and material re- opment and public outreach, and to move the (B) INCLUSIONS.—The term ‘‘operational source use and the generation of waste; Federal Government toward construction of cost savings’’ includes savings achieved at a (B) improve indoor environmental quality, high-performance green buildings; facility as a result of— and protect indoor air quality by, for exam- (3) to encourage States, local governments, (i) the installation or use of cost-effective ple, using materials that emit fewer or no and school systems to site, build, renovate, technologies and practices; or toxic chemicals into the indoor air; and operate high-performance green schools (ii) the planting of vegetation that shades (C) improve thermal comfort; through the adoption of voluntary guidelines the facility and reduces the heating, cooling, (D) improve lighting and the acoustic envi- for those schools, the dissemination of or lighting needs of the facility. ronment; grants, and the adoption of environmental (C) EXCLUSION.—The term ‘‘operational (E) improve the health and productivity of health plans and programs; cost savings’’ does not include savings from individuals who live and work in the build- (4) to strengthen Federal leadership on measures that would likely be adopted in the ings; high-performance green buildings through absence of cost-effective technology and (F) improve indoor and outdoor impacts of the adoption of incentives for high-perform- practices programs, as determined by the the buildings on human health and the envi- ance green buildings, and improved green Administrator. ronment; procurement by Federal agencies; and (4) GSA FACILITY.— (G) increase the use of environmentally (5) to demonstrate that high-performance green buildings can and do provide signifi- (A) IN GENERAL.—The term ‘‘GSA facility’’ preferable products, including biobased, re- means any building, structure, or facility, in cycled, and nontoxic products with lower cant benefits, in order to encourage wider whole or in part (including the associated lifecycle impacts; and adoption of green building practices, through the adoption of demonstration projects. support systems of the building, structure, (H) increase opportunities for reuse of ma- or facility) that— terials and for recycling; SEC. 423. DEFINITIONS. (i) is constructed (including facilities con- (2) during the planning, design, and con- In this subtitle: struction of a high-performance green build- (1) ADMINISTRATOR.—The term ‘‘Adminis- structed for lease), renovated, or purchased, ing, the environmental and energy impacts trator’’ means the Administrator of General in whole or in part, by the Administrator for of building location and site design, the Services. use by the Federal Government; or minimization of energy and materials use, (2) COMMITTEE.—The term ‘‘Committee’’ (ii) is leased, in whole or in part, by the and the environmental impacts of the build- means the Green Building Advisory Com- Administrator for use by the Federal Gov- ing are considered; mittee established under section 433(a). ernment— (3) according to the United States Green (3) DIRECTOR.—The term ‘‘Director’’ means (I) except as provided in subclause (II), for Building Council, certified green buildings, the individual appointed to the position es- a term of not less than 5 years; or as compared to conventional buildings— tablished under section 431(a). (II) for a term of less than 5 years, if the (A) use an average of 36 percent less total (4) FEDERAL FACILITY.— Administrator determines that use of cost- energy (and in some cases up to 50 to 70 per- (A) IN GENERAL.—The term ‘‘Federal facil- effective technologies and practices would cent less total energy); ity’’ means any building or facility the in- result in the payback of expenses. (B) use 30 percent less water; and tended use of which requires the building or (B) INCLUSION.—The term ‘‘GSA facility’’ (C) reduce waste costs, often by 50 to 90 facility to be— includes any group of buildings, structures, percent; (i) accessible to the public; and or facilities described in subparagraph (A) (4) the benefits of high-performance green (ii) constructed or altered by or on behalf (including the associated energy-consuming buildings are important, because in the of the United States. support systems of the buildings, structures, United States, buildings are responsible for (B) EXCLUSIONS.—The term ‘‘Federal facil- and facilities). approximately— ity’’ does not include a privately-owned resi- (C) EXEMPTION.—The Administrator may (A) 39 percent of primary energy use; dential or commercial structure that is not exempt from the definition of ‘‘GSA facility’’ (B) 12 percent of potable water use; leased by the Federal Government. under this paragraph a building, structure, (C) 136,000,000 tons of building-related con- (5) HIGH-PERFORMANCE GREEN BUILDING.— or facility that meets the requirements of struction and demolition debris; The term ‘‘high-performance green building’’ section 543(c) of Public Law 95–619 (42 U.S.C. (D) 70 percent of United States resource means a building— 8253(c)). consumption; and (A) that, during its life-cycle—

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.002 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15266 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 June 11, 2007 (i) reduces energy, water, and material re- SEC. 432. OFFICE OF HIGH-PERFORMANCE process for capital programs with respect to source use and the generation of waste; GREEN BUILDINGS. alternatives for— (ii) improves indoor environmental qual- (a) ESTABLISHMENT.—The Director shall es- (A) restructuring of budgets to require the ity, including protecting indoor air quality tablish within the General Services Adminis- use of complete energy- and environmental- during construction, using low-emitting ma- tration an Office of High-Performance Green cost accounting; terials, improving thermal comfort, and im- Buildings. (B) using operations expenditures in budg- proving lighting and acoustic environments (b) DUTIES.—The Director shall— et-related decisions while simultaneously in- that affect occupant health and produc- (1) ensure full coordination of high-per- corporating productivity and health meas- tivity; formance green building information and ac- ures (as those measures can be quantified by (iii) improves indoor and outdoor impacts tivities within the General Services Admin- the Office, with the assistance of universities of the building on human health and the en- istration and all relevant Federal agencies, and national laboratories); vironment; including, at a minimum— (C) permitting Federal agencies to retain (iv) increases the use of environmentally (A) the Environmental Protection Agency; all identified savings accrued as a result of preferable products, including biobased, re- (B) the Office of the Federal Environ- the use of life cycle costing; and cycled content, and nontoxic products with mental Executive; (D) identifying short- and long-term cost lower life-cycle impacts; (C) the Office of Federal Procurement Pol- savings that accrue from high-performance (v) increases reuse and recycling opportu- icy; green buildings, including those relating to nities; and (D) the Department of Energy; health and productivity; (vi) integrates systems in the building; and (E) the Department of Health and Human (6) identifies green, self-sustaining tech- (B) for which, during its planning, design, Services; nologies to address the operational needs of and construction, the environmental and en- (F) the Department of Defense; and Federal facilities in times of national secu- ergy impacts of building location and site (G) such other Federal agencies as the Di- rity emergencies, natural disasters, or other design are considered. rector considers to be appropriate; dire emergencies; (6) LIFE CYCLE.—The term ‘‘life cycle’’, (2) establish a senior-level green building (7) summarizes and highlights develop- with respect to a high-performance green advisory committee, which shall provide ad- ment, at the State and local level, of green building, means all stages of the useful life vice and recommendations in accordance building initiatives, including Executive or- of the building (including components, with section 433; ders, policies, or laws adopted promoting equipment, systems, and controls of the (3) identify and biennially reassess im- green building (including the status of im- building) beginning at conception of a green proved or higher rating standards rec- plementation of those initiatives); and ommended by the Committee; building project and continuing through site (8) includes, for the 2-year period covered (4) establish a national high-performance selection, design, construction, landscaping, by the report, recommendations to address green building clearinghouse in accordance commissioning, operation, maintenance, ren- each of the matters, and a plan for imple- ovation, deconstruction or demolition, re- with section 434, which shall provide green mentation of each recommendation, de- moval, and recycling of the green building. building information through— scribed in paragraphs (1) through (6). (7) LIFE-CYCLE ASSESSMENT.—The term (A) outreach; ‘‘life-cycle assessment’’ means a comprehen- (B) education; and (d) IDENTIFICATION OF STANDARD.— sive system approach for measuring the envi- (C) the provision of technical assistance; (1) IN GENERAL.—For the purpose of sub- ronmental performance of a product or serv- (5) ensure full coordination of research and section (c)(2), not later than 60 days after the ice over the life of the product or service, be- development information relating to high- date of enactment of this Act, the Director ginning at raw materials acquisition and performance green building initiatives under shall identify a standard that the Director continuing through manufacturing, trans- section 435; determines to be the most likely to encour- portation, installation, use, reuse, and end- (6) identify and develop green building age a comprehensive and environmentally- of-life waste management. standards that could be used for all types of sound approach to certification of green (8) LIFE-CYCLE COSTING.—The term ‘‘life- Federal facilities in accordance with section buildings. cycle costing’’, with respect to a high-per- 435; (2) BASIS.—The standard identified under formance green building, means a technique (7) establish green practices that can be paragraph (1) shall be based on— of economic evaluation that— used throughout the life of a Federal facil- (A) a biennial study, which shall be carried (A) sums, over a given study period, the ity; out by the Director to compare and evaluate costs of initial investment (less resale (8) review and analyze current Federal standards; value), replacements, operations (including budget practices and life-cycle costing (B) the ability and availability of assessors energy use), and maintenance and repair of issues, and make recommendations to Con- and auditors to independently verify the cri- an investment decision; and gress, in accordance with section 436; and teria and measurement of metrics at the (B) is expressed— (9) complete and submit the report de- scale necessary to implement this subtitle; (i) in present value terms, in the case of a scribed in subsection (c). (C) the ability of the applicable standard- study period equivalent to the longest useful (c) REPORT.—Not later than 2 years after setting organization to collect and reflect life of the building, determined by taking the date of enactment of this Act, and bien- public comment; into consideration the typical life of such a nially thereafter, the Director shall submit (D) the ability of the standard to be devel- building in the area in which the building is to Congress a report that— oped and revised through a consensus-based to be located; or (1) describes the status of the green build- process; (ii) in annual value terms, in the case of ing initiatives under this subtitle and other (E) an evaluation of the adequacy of the any other study period. Federal programs in effect as of the date of standard, which shall give credit for— (9) OFFICE.—The term ‘‘Office’’ means the the report, including— (i) efficient and sustainable use of water, Office of High-Performance Green Buildings (A) the extent to which the programs are energy, and other natural resources; established under section 432(a). being carried out in accordance with this (ii) use of renewable energy sources; PART I—OFFICE OF HIGH-PERFORMANCE subtitle; and (iii) improved indoor environmental qual- GREEN BUILDINGS (B) the status of funding requests and ap- ity through enhanced indoor air quality, SEC. 431. OVERSIGHT. propriations for those programs; thermal comfort, acoustics, day lighting, (a) IN GENERAL.—The Administrator shall (2) identifies within the planning, budg- pollutant source control, and use of low- establish within the General Services Ad- eting, and construction process all types of emission materials and building system con- ministration, and appoint an individual to Federal facility procedures that inhibit new trols; and serve as Director in, a position in the career- and existing Federal facilities from becom- (iv) such other criteria as the Director de- reserved Senior Executive service, to— ing high-performance green buildings, as termines to be appropriate; and (1) establish and manage the Office in ac- measured by the standard for high-perform- (F) national recognition within the build- cordance with section 432; and ance green buildings identified in accordance ing industry. (2) carry out other duties as required under with subsection (d); (3) BIENNIAL REVIEW.—The Director shall— this subtitle. (3) identifies inconsistencies, as reported (A) conduct a biennial review of the stand- (b) COMPENSATION.—The compensation of to the Committee, in Federal law with re- ard identified under paragraph (1); and the Director shall not exceed the maximum spect to product acquisition guidelines and (B) include the results of each biennial re- rate of basic pay for the Senior Executive high-performance product guidelines; view in the report required to be submitted Service under section 5382 of title 5, United (4) recommends language for uniform under subsection (c). States Code, including any applicable local- standards for use by Federal agencies in en- ity-based comparability payment that may vironmentally responsible acquisition; (e) IMPLEMENTATION.—The Office shall be authorized under section 5304(h)(2)(C) of (5) in coordination with the Office of Man- carry out each plan for implementation of that title. agement and Budget, reviews the budget recommendations under subsection (c)(7).

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.002 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 15267 SEC. 433. GREEN BUILDING ADVISORY COM- green building, including certification and SEC. 437. AUTHORIZATION OF APPROPRIATIONS. MITTEE. commissioning; There is authorized to be appropriated to (a) ESTABLISHMENT.—Not later than 180 (5) providing technical information, mar- carry out this part $4,000,000 for each of fiscal days after the date of enactment of this Act, ket research, or other forms of assistance or years 2008 through 2012, to remain available the Director shall establish an advisory com- advice that would be useful in planning and until expended. mittee, to be known as the ‘‘Green Building constructing high-performance green build- Advisory Committee’’. PART II—HEALTHY HIGH-PERFORMANCE ings; and SCHOOLS (b) MEMBERSHIP.— (6) using such other methods as are deter- SEC. 441. DEFINITION OF HIGH-PERFORMANCE (1) IN GENERAL.—The Committee shall be mined by the Director to be appropriate. composed of representatives of, at a min- SCHOOL. SEC. 435. RESEARCH AND DEVELOPMENT. imum— In this part, the term ‘‘high-performance (a) ESTABLISHMENT.—The Director, in co- (A) each agency referred to in section school’’ has the meaning given the term ordination with the Committee, shall— 432(b)(1); and ‘‘healthy, high-performance school building’’ (1)(A) survey existing research and studies (B) other relevant agencies and entities, as in section 5586 of the Elementary and Sec- relating to high-performance green build- determined by the Director, including at ondary Education Act of 1965 (20 U.S.C. ings; and least 1 representative of each of— 7277e). (B) coordinate activities of common inter- (i) State and local governmental green SEC. 442. GRANTS FOR HEALTHY SCHOOL ENVI- est; building programs; RONMENTS. (2) develop and recommend a high-perform- (ii) independent green building associa- The Administrator of the Environmental ance green building research plan that— tions or councils; Protection Agency, in consultation with the (A) identifies information and research (iii) building experts, including architects, Secretary of Education, may provide grants needs, including the relationships between material suppliers, and construction con- to qualified State agencies for use in— human health, occupant productivity, and tractors; (1) providing technical assistance for pro- each of— (iv) security advisors focusing on national grams of the Environmental Protection (i) emissions from materials and products security needs, natural disasters, and other Agency (including the Tools for Schools Pro- in the building; dire emergency situations; and gram and the Healthy School Environmental (ii) natural day lighting; (v) environmental health experts, includ- Assessment Tool) to schools for use in ad- (iii) ventilation choices and technologies; ing those with experience in children’s dressing environmental issues; and (iv) heating, cooling, and system control health. (2) development of State school environ- choices and technologies; (2) NON-FEDERAL MEMBERS.—The total mental quality plans that include— (v) moisture control and mold; number of non-Federal members on the Com- (A) standards for school building design, (vi) maintenance, cleaning, and pest con- mittee at any time shall not exceed 15. construction, and renovation; and trol activities; (c) MEETINGS.—The Director shall establish (B) identification of ongoing school build- a regular schedule of meetings for the Com- (vii) acoustics; and ing environmental problems in the State and mittee. (viii) other issues relating to the health, recommended solutions to address those (d) DUTIES.—The Committee shall provide comfort, productivity, and performance of problems, including assessment of informa- advice and expertise for use by the Director occupants of the building; and tion on the exposure of children to environ- in carrying out the duties under this sub- (B) promotes the development and dissemi- mental hazards in school facilities. nation of high-performance green building title, including such recommendations relat- SEC. 443. MODEL GUIDELINES FOR SITING OF ing to Federal activities carried out under measurement tools that, at a minimum, may SCHOOL FACILITIES. be used— sections 434 through 436 as are agreed to by The Administrator of the Environmental (i) to monitor and assess the life-cycle per- a majority of the members of the Com- Protection Agency, in consultation with the formance of facilities (including demonstra- mittee. Secretary of Education and the Secretary of (e) FACA EXEMPTION.—The Committee tion projects) built as high-performance Health and Human Services, shall develop shall not be subject to section 14 of the Fed- green buildings; and voluntary school site selection guidelines eral Advisory Committee Act (5 U.S.C. App.). (ii) to perform life-cycle assessments; that account for— SEC. 434. PUBLIC OUTREACH. (3) assist the budget and life-cycle costing (1) the special vulnerability of children to The Director, in coordination with the functions of the Office under section 436; hazardous substances or pollution exposures Committee, shall carry out public outreach (4) study and identify potential benefits of in any case in which the potential for con- to inform individuals and entities of the in- green buildings relating to security, natural tamination at a potential school site exists; formation and services available Govern- disaster, and emergency needs of the Federal (2) modes of transportation available to ment-wide by— Government; and students and staff; (1) establishing and maintaining a national (5) support other research initiatives deter- (3) the efficient use of energy; and high-performance green building clearing- mined by the Office. (4) the potential use of a school at the site house, including on the Internet, that— (b) INDOOR AIR QUALITY.—The Director, in as an emergency shelter. (A) identifies existing similar efforts and consultation with the Committee, shall de- coordinates activities of common interest; velop and carry out a comprehensive indoor SEC. 444. PUBLIC OUTREACH. and air quality program for all Federal facilities (a) IN GENERAL.—The Administrator of the (B) provides information relating to high- to ensure the safety of Federal workers and Environmental Protection Agency shall pro- performance green buildings, including facility occupants— vide to the Director information relating to hyperlinks to Internet sites that describe re- (1) during new construction and renovation all activities carried out under this part, lated activities, information, and resources of facilities; and which the Director shall include in the re- of— (2) in existing facilities. port described in section 432(c). (i) the Federal Government; SEC. 436. BUDGET AND LIFE-CYCLE COSTING AND (b) PUBLIC OUTREACH.—The Director shall (ii) State and local governments; CONTRACTING. ensure, to the maximum extent practicable, (iii) the private sector (including non- (a) ESTABLISHMENT.—The Director, in co- that the public clearinghouse established governmental and nonprofit entities and or- ordination with the Committee, shall— under section 434 receives and makes avail- ganizations); and (1) identify, review, and analyze current able information on the exposure of children (iv) other relevant organizations, including budget and contracting practices that affect to environmental hazards in school facili- those from other countries; achievement of high-performance green ties, as provided by the Administrator of the (2) identifying and recommending edu- buildings, including the identification of bar- Environmental Protection Agency. cational resources for implementing high- riers to green building life-cycle costing and SEC. 445. ENVIRONMENTAL HEALTH PROGRAM. performance green building practices, in- budgetary issues; (a) IN GENERAL.—The Administrator of the cluding security and emergency benefits and (2) develop guidance and conduct training Environmental Protection Agency, in con- practices; sessions with budget specialists and con- sultation with the Secretary of Education, (3) providing access to technical assistance tracting personnel from Federal agencies the Secretary of Health and Human Services, on using tools and resources to make more and budget examiners to apply life-cycle cost and other relevant agencies, shall issue vol- cost-effective, energy-efficient, health-pro- criteria to actual projects; untary guidelines for use by the State in de- tective, and environmentally beneficial deci- (3) identify tools to aid life-cycle cost deci- veloping and implementing an environ- sions for constructing high-performance sionmaking; and mental health program for schools that— green buildings, including tools available to (4) explore the feasibility of incorporating (1) takes into account the status and find- conduct life-cycle costing and life-cycle as- the benefits of green buildings, such as secu- ings of Federal research initiatives estab- sessment; rity benefits, into a cost-budget analysis to lished under this subtitle and other relevant (4) providing information on application aid in life-cycle costing for budget and deci- Federal law with respect to school facilities, processes for certifying a high-performance sion making processes. including relevant updates on trends in the

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.002 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15268 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 June 11, 2007 field, such as the impact of school facility struction, or major renovation (including tion, and maintenance strategies for the environments on student and staff— contracting for the construction or major property to maintain, to the maximum ex- (A) health, safety, and productivity; and renovation) of any facility, to the maximum tent technically feasible, the (B) disabilities or special needs; extent practicable— predevelopment hydrology of the property (2) provides research using relevant tools (A) to employ integrated design principles; with regard to the temperature, rate, vol- identified or developed in accordance with (B) to optimize building and systems en- ume, and duration of flow. section 435(a) to quantify the relationships ergy performance; PART IV—DEMONSTRATION PROJECT between— (C) to protect and conserve water; SEC. 461. COORDINATION OF GOALS. (A) human health, occupant productivity, (D) to enhance indoor environmental qual- (a) IN GENERAL.—The Director shall estab- and student performance; and ity; and lish guidelines to implement a demonstra- (B) with respect to school facilities, each (E) to reduce environmental impacts of tion project to contribute to the research of— materials and waste flows; and goals of the Office. (i) pollutant emissions from materials and (2) to direct Federal procurement execu- (b) PROJECTS.— products; tives involved in leasing buildings, to give (1) IN GENERAL.—In accordance with guide- (ii) natural day lighting; preference to the lease of facilities that, to lines established by the Director under sub- (iii) ventilation choices and technologies; the maximum extent practicable— section (a) and the duties of the Director de- (iv) heating and cooling choices and tech- (A) are energy-efficient; and scribed in part I, the Director shall carry out nologies; (B) have applied contemporary high-per- 3 demonstration projects. (v) moisture control and mold; formance and sustainable design principles (2) LOCATION OF PROJECTS.—Each project (vi) maintenance, cleaning, and pest con- during construction or renovation. carried out under paragraph (1) shall be lo- trol activities; (b) GUIDANCE.—Not later than 90 days after cated in a Federal building in a State rec- (vii) acoustics; and the date of promulgation of the revised regu- ommended by the Director in accordance (viii) other issues relating to the health, lations under subsection (a), the Director with subsection (c). comfort, productivity, and performance of shall issue guidance to all Federal procure- (3) REQUIREMENTS.—Each project carried occupants of the school facilities; ment executives providing direction and the out under paragraph (1) shall— (3) provides technical assistance on siting, option to renegotiate the design of proposed (A) provide for the evaluation of the infor- design, management, and operation of school facilities, renovations for existing facilities, mation obtained through the conduct of facilities, including facilities used by stu- and leased facilities to incorporate improve- projects and activities under this subtitle; dents with disabilities or special needs; ments that are consistent with this section. and (4) collaborates with federally funded pedi- SEC. 453. FEDERAL GREEN BUILDING PERFORM- (B) achieve the highest available rating atric environmental health centers to assist ANCE. under the standard identified pursuant to in on-site school environmental investiga- (a) IN GENERAL.—Not later than October 31 section 432(d). tions; of each of the 2 fiscal years following the fis- (c) CRITERIA.—With respect to the existing (5) assists States and the public in better cal year in which this Act is enacted, and at or proposed Federal facility at which a dem- understanding and improving the environ- such times thereafter as the Comptroller onstration project under this section is con- mental health of children; and General of the United States determines to ducted, the Federal facility shall— (6) provides to the Office a biennial report be appropriate, the Comptroller General of (1) be an appropriate model for a project of all activities carried out under this part, the United States shall, with respect to the relating to— which the Director shall include in the re- fiscal years that have passed since the pre- (A) the effectiveness of high-performance port described in section 432(c). ceding report— technologies; (b) PUBLIC OUTREACH.—The Director shall (1) conduct an audit of the implementation (B) analysis of materials, components, and ensure, to the maximum extent practicable, of this subtitle; and systems, including the impact on the health that the public clearinghouse established (2) submit to the Office, the Committee, of building occupants; under section 434 receives and makes avail- the Administrator, and Congress a report de- (C) life-cycle costing and life-cycle assess- able— scribing the results of the audit. ment of building materials and systems; and (1) information from the Administrator of (b) CONTENTS.—An audit under subsection (D) location and design that promote ac- the Environmental Protection Agency that (a) shall include a review, with respect to the cess to the Federal facility through walking, is contained in the report described in sub- period covered by the report under sub- biking, and mass transit; and section (a)(6); and section (a)(2), of— (2) possess sufficient technological and or- (2) information on the exposure of children (1) budget, life-cycle costing, and con- ganizational adaptability. to environmental hazards in school facili- tracting issues, using best practices identi- (d) REPORT.—Not later than 1 year after ties, as provided by the Administrator of the fied by the Comptroller General of the the date of enactment of this Act, and annu- Environmental Protection Agency. United States and heads of other agencies in ally thereafter through September 30, 2013, SEC. 446. AUTHORIZATION OF APPROPRIATIONS. accordance with section 436; the Director shall submit to the Adminis- There is authorized to be appropriated to (2) the level of coordination among the Of- trator a report that describes the status of carry out this part $10,000,000 for the period fice, the Office of Management and Budget, and findings regarding the demonstration of fiscal years 2008 through 2012, to remain and relevant agencies; project. (3) the performance of the Office in car- available until expended. SEC. 462. AUTHORIZATION OF APPROPRIATIONS. rying out the implementation plan; PART III—STRENGTHENING FEDERAL There is authorized to be appropriated to (4) the design stage of high-performance LEADERSHIP carry out the Federal demonstration project green building measures; described in section 461(b) $10,000,000 for the SEC. 451. INCENTIVES. (5) high-performance building data that period of fiscal years 2008 through 2012, to re- As soon as practicable after the date of en- were collected and reported to the Office; main available until expended. actment of this Act, the Director shall iden- and tify incentives to encourage the use of green (6) such other matters as the Comptroller TITLE V—CORPORATE AVERAGE FUEL buildings and related technology in the oper- General of the United States determines to ECONOMY STANDARDS ations of the Federal Government, including be appropriate. SEC. 501. SHORT TITLE. through— (c) ENVIRONMENTAL STEWARDSHIP SCORE- This title may be cited as the ‘‘Ten-in-Ten (1) the provision of recognition awards; and CARD.—The Director shall consult with the Fuel Economy Act’’. (2) the maximum feasible retention of fi- Committee to enhance, and assist in the im- SEC. 502. AVERAGE FUEL ECONOMY STANDARDS nancial savings in the annual budgets of Fed- plementation of, the Environmental Stew- FOR AUTOMOBILES AND CERTAIN eral agencies. ardship Scorecard announced at the White OTHER VEHICLES. SEC. 452. FEDERAL PROCUREMENT. House summit on Federal sustainable build- (a) INCREASED STANDARDS.—Section 32902 (a) IN GENERAL.—Not later than 2 years ings in January 2006, to measure the imple- of title 49, United States Code, is amended— after the date of enactment of this Act, the mentation by each Federal agency of sus- (1) by striking ‘‘NON-PASSENGER AUTO- Director of the Office of Federal Procure- tainable design and green building initia- MOBILES.—’’ in subsection (a) and inserting ment Policy, in consultation with the Direc- tives. ‘‘PRESCRIPTION OF STANDARDS BY REG- tor and the Under Secretary of Defense for SEC. 454. STORM WATER RUNOFF REQUIRE- ULATION.—’’; Acquisition, Technology, and Logistics, shall MENTS FOR FEDERAL DEVELOP- (2) by striking ‘‘(except passenger auto- promulgate revisions of the applicable acqui- MENT PROJECTS. mobiles)’’ in subsection (a); and sition regulations, to take effect as of the The sponsor of any development or redevel- (3) by striking subsection (b) and inserting date of promulgation of the revisions— opment project involving a Federal facility the following: (1) to direct any Federal procurement ex- with a footprint that exceeds 5,000 square ‘‘(b) STANDARDS FOR AUTOMOBILES AND CER- ecutives involved in the acquisition, con- feet shall use site planning, design, construc- TAIN OTHER VEHICLES.—

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‘‘(1) IN GENERAL.—The Secretary of Trans- paragraph (1), the Secretary, in consultation ‘‘(A) NOTICE OF PROPOSED RULE.—At least portation, after consultation with the Ad- with the Secretary of Energy and the Admin- 30 months before the model year for which ministrator of the Environmental Protection istrator of the Environmental Protection the standard is to apply, the Secretary shall Agency, shall prescribe average fuel econ- Agency, and based on the results of that post a notice of proposed rulemaking for the omy standards for— study, shall determine in a rulemaking pro- proposed standard. The notice shall include a ‘‘(A) automobiles manufactured by a man- cedure how to implement a commercial detailed analysis of the basis for the Sec- ufacturer in each model year beginning with medium- and heavy-duty on-highway vehicle retary’s determination under paragraph model year 2011 in accordance with sub- fuel efficiency improvement program and, as (1)(B). section (c); and appropriate, shall adopt test methods, meas- ‘‘(B) FINAL RULE.—At least 18 months be- ‘‘(B) commercial medium-duty or heavy- urement metrics, fuel efficiency standards, fore the model year for which the standard is duty on-highway vehicles in accordance with and compliance and enforcement protocols to apply, the Secretary shall promulgate a subsection (k). that are appropriate, cost-effective, and final rule establishing the standard. ‘‘(2) FUEL ECONOMY TARGET FOR AUTO- technologically feasible for commercial ‘‘(C) REPORT.—The Secretary shall submit MOBILES.— medium- and heavy-duty on-highway vehi- a report to Congress that outlines the steps ‘‘(A) AUTOMOBILE FUEL ECONOMY AVERAGE cles. that need to be taken to avoid further reduc- FOR MODEL YEARS 2011 THROUGH 2020.—The Sec- ‘‘(3) LEAD-TIME; REGULATORY STABILITY.— tions in average fuel economy standards. retary shall prescribe average fuel economy Any commercial medium- and heavy-duty ‘‘(3) MAXIMUM FEASIBLE STANDARD.—An av- standards for automobiles in each model on-highway vehicle fuel efficiency regu- erage fuel economy standard prescribed for year beginning with model year 2011 to latory program adopted pursuant to this sub- automobiles under paragraph (1) shall be the achieve a combined fuel economy average for section shall provide no less than 4 full maximum feasible standard.’’. model year 2020 of at least 35 miles per gal- model years of regulatory lead-time and 3 (b) FEASIBILITY CRITERIA.—Section 32902(f) lon for the fleet of automobiles manufac- full model years of regulatory stability. of title 49, United States Code, is amended to tured or sold in the United States. The aver- ‘‘(4) COMMERCIAL MEDIUM- AND HEAVY-DUTY read as follows: age fuel economy standards prescribed by ON-HIGHWAY VEHICLE DEFINED.—In this sub- ‘‘(f) DECISIONS ON MAXIMUM FEASIBLE AV- the Secretary shall be the maximum feasible section, the term ‘commercial medium- and ERAGE FUEL ECONOMY.— average fuel economy standards for model heavy-duty on-highway vehicle’ means a ‘‘(1) IN GENERAL.—When deciding maximum years 2011 through 2019. commercial on-highway vehicle with a gross feasible average fuel economy under this sec- ‘‘(B) AUTOMOBILE FUEL ECONOMY AVERAGE vehicle weight rating of more than 10,000 tion, the Secretary shall consider— FOR MODEL YEARS 2021 THROUGH 2030.—For pounds.’’. ‘‘(A) economic practicability; (c) AUTHORITY OF SECRETARY.—Section model years 2021 through 2030, the average ‘‘(B) the effect of other motor vehicle 32902 of title 49, United States Code, as fuel economy required to be attained by the standards of the Government on fuel econ- amended by subsection (b), is further amend- fleet of automobiles manufactured or sold in omy; ed by adding at the end thereof the fol- the United States shall be at least 4 percent ‘‘(C) environmental impacts; and lowing: greater than the average fuel economy ‘‘(l) AUTHORITY OF THE SECRETARY.— ‘‘(D) the need of the United States to con- standard required to be attained for the fleet ‘‘(1) VEHICLE ATTRIBUTES.—The authority serve energy. in the previous model year (rounded to the of the Secretary to prescribe by regulation ‘‘(2) LIMITATIONS.—In setting any standard nearest 1⁄10 mile per gallon). average fuel economy standards for auto- under subsection (b), (c), or (d), the Sec- ‘‘(C) PROGRESS TOWARD STANDARD RE- mobiles under this section includes the au- retary shall ensure that each standard is the QUIRED.—In prescribing average fuel econ- thority— highest standard that— omy standards under subparagraph (A), the ‘‘(A) to prescribe standards based on vehi- ‘‘(A) is technologically achievable; Secretary shall prescribe annual fuel econ- cle attributes related to fuel economy and to ‘‘(B) can be achieved without materially omy standard increases that increase the ap- express the standards in the form of a math- reducing the overall safety of automobiles plicable average fuel economy standard rat- ematical function; and manufactured or sold in the United States; ably beginning with model year 2011 and end- ‘‘(B) to issue regulations under this title ‘‘(C) is not less than the standard for that ing with model year 2020.’’. prescribing average fuel economy standards class of vehicles from any prior year; and (b) FUEL ECONOMY TARGET FOR COMMERCIAL for 1 or more model years. ‘‘(D) is cost-effective. MEDIUM-DUTY AND HEAVY-DUTY ON-HIGHWAY ‘‘(2) PROHIBITION OF UNIFORM PERCENTAGE ‘‘(3) COST-EFFECTIVE DEFINED.—In this sub- VEHICLES.—Section 32902 of title 49, United INCREASE.—When the Secretary prescribes a section, the term ‘cost-effective’ means that States Code, is amended by adding at the end standard, or prescribes an amendment under the value to the United States of reduced thereof the following: this section that changes a standard, the fuel use from a proposed fuel economy stand- ‘‘(k) COMMERCIAL MEDIUM- AND HEAVY- standard may not be expressed as a uniform ard is greater than or equal to the cost to DUTY ON-HIGHWAY VEHICLES.— percentage increase from the fuel-economy the United States of such standard. In deter- ‘‘(1) STUDY.—No later than 18 months after performance of attribute classes or cat- mining cost-effectiveness, the Secretary the date of enactment of the Ten-in-Ten Fuel egories already achieved in a model year by shall give priority to those technologies and Economy Act, the Secretary of Transpor- a manufacturer.’’. packages of technologies that offer the larg- tation, in consultation with the Secretary of SEC. 503. AMENDING FUEL ECONOMY STAND- est reduction in fuel use relative to their Energy and the Administrator of the Envi- ARDS. costs. ronmental Protection Agency, shall examine (a) IN GENERAL.—Section 32902(c) of title ‘‘(4) FACTORS FOR CONSIDERATION BY SEC- the fuel efficiency of commercial medium- 49, United States Code, is amended to read as RETARY IN DETERMINING COST-EFFECTIVE- and heavy-duty on-highway vehicles and de- follows: NESS.—The Secretary shall consult with the termine— ‘‘(c) AMENDING FUEL ECONOMY STAND- Administrator of the Environmental Protec- ‘‘(A) the appropriate test procedures and ARDS.— tion Agency, and may consult with such methodologies for measuring commercial ‘‘(1) IN GENERAL.—Notwithstanding sub- other departments and agencies as the Sec- medium- and heavy-duty on-highway vehicle sections (a) and (b), the Secretary of Trans- retary deems appropriate, and shall consider fuel efficiency; portation— in the analysis the following factors: ‘‘(B) the appropriate metric for measuring ‘‘(A) may prescribe a standard higher than ‘‘(A) Economic security. and expressing commercial medium- and that required under subsection (b); or ‘‘(B) The impact of the oil or energy inten- heavy-duty on-highway vehicle fuel effi- ‘‘(B) may prescribe an average fuel econ- sity of the United States economy on the ciency performance, taking into consider- omy standard for automobiles that is the sensitivity of the economy to oil and other ation, among other things, the work per- maximum feasible level for the model year, fuel price changes, including the magnitude formed by such on-highway vehicles and despite being lower than the standard re- of gross domestic product losses in response types of operations in which they are used; quired under subsection (b), if the Secretary to short term price shocks or long term price ‘‘(C) the range of factors, including, with- determines, based on clear and convincing increases. out limitation, design, functionality, use, evidence, that the average fuel economy ‘‘(C) National security, including the im- duty cycle, infrastructure, and total overall standard prescribed in accordance with sub- pact of United States payments for oil and energy consumption and operating costs that sections (a) and (b) for automobiles in that other fuel imports on political, economic, effect commercial medium- and heavy-duty model year is shown not to be cost-effective. and military developments in unstable or un- on-highway vehicle fuel efficiency; and ‘‘(2) REQUIREMENTS FOR LOWER STANDARD.— friendly oil-exporting countries. ‘‘(D) such other factors and conditions that Before adopting an average fuel economy ‘‘(D) The uninternalized costs of pipeline could have an impact on a program to im- standard for automobiles for a model year and storage oil seepage, and for risk of oil prove commercial medium- and heavy-duty during model years 2021 through 2030 that is spills from production, handling, and trans- on-highway vehicle fuel efficiency. lower than the standard required by sub- port, and related landscape damage. ‘‘(2) RULEMAKING.—No later than 24 months section (b), the Secretary of Transportation ‘‘(E) The emissions of pollutants including after completion of the study required by shall do the following: greenhouse gases over the lifecycle of the

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.002 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15270 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 June 11, 2007 fuel and the resulting costs to human health, ‘‘(17) ‘work truck’ means an automobile fuel economy credit trading program to the economy, and the environment. that the Secretary determines by regula- allow manufacturers whose automobiles ex- ‘‘(F) Such additional factors as the Sec- tion— ceed the average fuel economy standards retary deems relevant. ‘‘(A) is rated at between 8,500 and 10,000 prescribed under section 32902 to earn credits ‘‘(5) MINIMUM VALUATION.—When consid- pounds gross vehicle weight; and to be sold to manufacturers whose auto- ering the value to consumers of a gallon of ‘‘(B) is not a medium-duty passenger vehi- mobiles fail to achieve the prescribed stand- gasoline saved, the Secretary of Transpor- cle (as defined in section 86.1803–01 of title 40, ards such that the total oil savings associ- tation shall use as a minimum value the Code of Federal Regulations).’’. ated with manufacturers that exceed the pre- greater of— (b) DEADLINE FOR REGULATIONS.—The Sec- scribed standards are preserved when trans- ‘‘(A) the average value of gasoline prices retary of Transportation— ferring credits to manufacturers that fail to projected by the Energy Information Admin- (1) shall issue proposed regulations imple- achieve the prescribed standards.’’. istration over the period covered by the menting the amendments made by sub- SEC. 507. LABELS FOR FUEL ECONOMY AND standard; or section (a) not later than 1 year after the GREENHOUSE GAS EMISSIONS. ‘‘(B) the average value of gasoline prices date of enactment of this Act; and Section 32908 of title 49, United States for the 5-year period immediately preceding (2) shall issue final regulations imple- Code, is amended— the year in which the standard is estab- menting the amendments not later than 18 (1) by redesignating subparagraph (F) of lished.’’. months after the date of the enactment of subsection (b)(1) as subparagraph (H) and in- (c) CONSULTATION REQUIREMENT.—Section this Act. serting after subparagraph (E) the following: 32902(i) of title 49, United States Code, is (c) EFFECTIVE DATE.—Regulations pre- ‘‘(F) a label (or a logo imprinted on a label amended by inserting ‘‘and the Adminis- scribed under subsection (b) shall apply be- required by this paragraph) that— trator of the Environmental Protection ginning with model year 2010. ‘‘(i) reflects an automobile’s performance Agency’’ after ‘‘Energy’’. SEC. 505. ENSURING SAFETY OF AUTOMOBILES. on the basis of criteria developed by the Ad- (d) COMMENTS.—Section 32902(j) of title 49, (a) IN GENERAL.—Subchapter II of chapter ministrator to reflect the fuel economy and United States Code, is amended— 301 of title 49, United States Code, is amend- greenhouse gas and other emissions con- (1) by striking paragraph (1) and inserting ed by adding at the end the following: sequences of operating the automobile over ‘‘(1) Before issuing a notice proposing to pre- ‘‘§ 30129. Vehicle compatibility and its likely useful life; scribe or amend an average fuel economy aggressivity reduction standard ‘‘(ii) permits consumers to compare per- formance results under clause (i) among all standard under subsection (b), (c), or (g) of ‘‘(a) STANDARDS.—The Secretary of Trans- this section, the Secretary of Transportation automobiles; and portation shall issue a motor vehicle safety ‘‘(iii) is designed to encourage the manu- shall give the Secretary of Energy and Ad- standard to reduce automobile incompati- ministrator of the Environmental Protection facture and sale of automobiles that meet or bility and aggressivity. The standard shall exceed applicable fuel economy standards Agency at least 30 days after the receipt of address characteristics necessary to ensure the notice during which the Secretary of En- under section 32902. better management of crash forces in mul- ‘‘(G) a fuelstar under paragraph (5).’’; and ergy and Administrator may, if the Sec- tiple vehicle frontal and side impact crashes retary of Energy or Administrator concludes (2) by adding at the end of subsection (b) between different types, sizes, and weights of the following: that the proposed standard would adversely automobiles with a gross vehicle weight of ‘‘(4) GREEN LABEL PROGRAM.— affect the conservation goals of the Sec- 10,000 pounds or less in order to decrease oc- retary of Energy or environmental protec- ‘‘(A) MARKETING ANALYSIS.—Not later than cupant deaths and injuries. 2 years after the date of the enactment of tion goals of the Administrator, provide ‘‘(b) CONSUMER INFORMATION.—The Sec- written comments to the Secretary of Trans- the Ten-in-Ten Fuel Economy Act, the Ad- retary shall develop and implement a public ministrator shall implement a consumer portation about the impact of the standard information side and frontal compatibility on those goals. To the extent the Secretary education program and execute marketing crash test program with vehicle ratings strategies to improve consumer under- of Transportation does not revise a proposed based on risks to occupants, risks to other standard to take into account comments of standing of automobile performance de- motorists, and combined risks by vehicle scribed in paragraph (1)(F). the Secretary of Energy or Administrator on make and model.’’. ‘‘(B) ELIGIBILITY.—Not later than 3 years any adverse impact of the standard, the Sec- (b) RULEMAKING DEADLINES.— retary of Transportation shall include those after the date described in subparagraph (A), (1) RULEMAKING.—The Secretary of Trans- the Administrator shall issue requirements comments in the notice.’’; and portation shall issue— (2) by inserting ‘‘and the Administrator’’ for the label or logo required under para- (A) a notice of a proposed rulemaking graph (1)(F) to ensure that an automobile is after ‘‘Energy’’ each place it appears in para- under section 30129 of title 49, United States graph (2). not eligible for the label or logo unless it— Code, not later than January 1, 2012; and ‘‘(i) meets or exceeds the applicable fuel (e) TECHNICAL AND CONFORMING AMEND- (B) a final rule under such section not later economy standard; or MENTS.— than December 31, 2014. ‘‘(ii) will have the lowest greenhouse gas (1) Section 32902(d) of title 49, United (2) EFFECTIVE DATE OF REQUIREMENTS.—Any emissions over the useful life of the vehicle States Code, is amended by striking ‘‘pas- requirement imposed under the final rule of all vehicles in the vehicle attribute class senger’’ each place it appears. issued under paragraph (1) shall become fully to which it belongs in that model year. (2) Section 32902(g) of title 49, United effective not later than September 1, 2018. ‘‘(5) FUELSTAR PROGRAM.— States Code, is amended— (c) CONFORMING AMENDMENT.—The chapter ‘‘(A) IN GENERAL.—The Secretary shall es- (A) by striking ‘‘subsection (a) or (d)’’ each analysis for chapter 301 is amended by in- tablish a program, to be known as the place it appears in paragraph (1) and insert- serting after the item relating to section ‘Fuelstar Program’, under which stars shall ing ‘‘subsection (b), (c), or (d)’’; and 30128 the following: be imprinted on or attached to the label re- (B) striking ‘‘(and submit the amendment ‘‘30129. Vehicle compatibility and quired by paragraph (1). to Congress when required under subsection aggressivity reduction stand- ‘‘(B) GREEN STARS.—Under the Fuelstar (c)(2) of this section)’’ in paragraph (2). ard’’. Program, a manufacturer may include on the SEC. 504. DEFINITIONS. SEC. 506. CREDIT TRADING PROGRAM. label maintained on an automobile under (a) IN GENERAL.—Section 32901(a) of title Section 32903 of title 49, United States paragraph (1)— 49, United States Code, is amended— Code, is amended— ‘‘(i) 1 green star for any automobile that (1) by striking paragraph (3) and inserting (1) by striking ‘‘passenger’’ each place it meets the average fuel economy standard for the following: appears; the model year under section 32902; and ‘‘(3) except as provided in section 32908 of (2) by striking ‘‘section 32902(b)–(d) of this ‘‘(ii) 1 additional green star for each 2 this title, ‘automobile’ means a 4-wheeled title’’ each place it appears and inserting miles per gallon by which the automobile ex- vehicle that is propelled by fuel, or by alter- ‘‘subsection (a), (c), or (d) of section 32902’’; ceeds such standard. native fuel, manufactured primarily for use (3) by striking ‘‘3 consecutive model years’’ ‘‘(C) GOLD STARS.—Under the Fuelstar Pro- on public streets, roads, and highways and in subsection (a)(2) and inserting ‘‘5 consecu- gram, a manufacturer may include a gold rated at not more than 10,000 pounds gross tive model years’’; star on the label maintained on an auto- vehicle weight, except— (4) in subsection (a)(2), by striking ‘‘clause mobile under paragraph (1) if the automobile ‘‘(A) a vehicle operated only on a rail line; (1) of this subsection,’’ and inserting ‘‘para- attains a fuel economy of at least 50 miles ‘‘(B) a vehicle manufactured by 2 or more graph (1)’’; and per gallon.’’. manufacturers in different stages and less (5) by striking subsection (e) and inserting SEC. 508. CONTINUED APPLICABILITY OF EXIST- than 10,000 of which are manufactured per the following: ING STANDARDS. year; or ‘‘(e) CREDIT TRADING AMONG MANUFACTUR- Nothing in this title, or the amendments ‘‘(C) a work truck.’’; and ERS.—The Secretary of Transportation may made by this title, shall be construed to af- (2) by adding at the end the following: establish, by regulation, a corporate average fect the application of section 32902 of title

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.002 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 15271 49, United States Code, to passenger auto- tured in a particular model year that are ‘‘(2) The Secretary of Transportation shall mobiles or non-passenger automobiles manu- flexible fuel vehicles shall be not less than collaborate with automobile retailers to de- factured before model year 2011. the percentage set forth for that model year velop voluntary methods for providing pro- SEC. 509. NATIONAL ACADEMY OF SCIENCES in the following table: spective purchasers of automobiles with in- STUDIES. 2012 ...... 50 percent formation regarding the benefits of using al- (a) IN GENERAL.—As soon as practicable 2013 ...... 60 percent ternative fuel in automobiles, including— after the date of enactment of this Act, the 2014 ...... 70 percent ‘‘(A) the renewable nature of alternative Secretary of Transportation shall execute an 2015 ...... 80 percent fuel; and agreement with the National Academy of ‘‘(b) AUTOMOBILES TO WHICH SECTION AP- ‘‘(B) the environmental benefits of using Sciences to develop a report evaluating vehi- PLIES..—An automobile is described in this alternative fuel.’’. cle fuel economy standards, including— subsection if it— SEC. 513. PERIODIC REVIEW OF ACCURACY OF (1) an assessment of automotive tech- ‘‘(1) is capable of operating on gasoline or FUEL ECONOMY LABELING PROCE- nologies and costs to reflect developments diesel fuel; DURES. since the Academy’s 2002 report evaluating ‘‘(2) is distributed in interstate commerce Beginning in December, 2009, and not less the corporate average fuel economy stand- for sale in the United States; and often than every 5 years thereafter, the Ad- ards was conducted; ‘‘(3) does not contain certain engines that ministrator of the Environmental Protection (2) an analysis of existing and potential the Secretary of Transportation, in consulta- Agency, in consultation with the Secretary technologies that may be used practically to tion with the Administrator of the Environ- of Transportation, shall— improve automobile fuel economy; mental Protection Agency and the Secretary (1) reevaluate the fuel economy labeling (3) an analysis of how such technologies of Energy, may temporarily exclude from the procedures described in the final rule pub- may be practically integrated into the auto- definition because it is technologically infea- lished in the Federal Register on December motive manufacturing process; and sible for the engines to have flexible fuel ca- 27, 2006 (71 Fed. Reg. 77,872; 40 C.F.R. parts 86 (4) an assessment of how such technologies pability at any time during a period that the and 600) to determine whether changes in the may be used to meet the new fuel economy Secretaries and the Administrator are en- factors used to establish the labeling proce- standards under chapter 329 of title 49, gaged in an active research program with the dures warrant a revision of that process; and United States Code, as amended by this title. vehicle manufacturers to develop that capa- (2) submit a report to the Senate Com- (b) QUINQUENNIAL UPDATES.—After submit- bility for the engines.’’. mittee on Commerce, Science, and Transpor- ting the initial report, the Academy shall (2) DEFINITION OF FLEXIBLE FUEL AUTO- tation and the House of Representatives update the report at 5 year intervals there- MOBILE.—Section 32901(a) of title 49, United Committee on Energy and Commerce that after through 2025. States Code, is amended by inserting after describes the results of the reevaluation (c) REPORT.—The Academy shall submit paragraph (8), the following: process. the report to the Secretary, the Senate Com- ‘‘(8A) ‘flexible fuel automobile’ means an SEC. 514. TIRE FUEL EFFICIENCY CONSUMER IN- mittee on Commerce, Science, and Transpor- automobile described in paragraph (8)(A).’’. FORMATION. tation and the House of Representatives (3) CLERICAL AMENDMENT.—The table of (a) IN GENERAL.—Chapter 301 of title 49, Committee on Energy and Commerce, with sections for chapter 329 of title 49, United United States Code, is amended by inserting its findings and recommendations no later States Code, is amended by inserting after after section 30123 the following new section: than 18 months after the date on which the the item relating to section 32902 the fol- ‘‘§ 30123A. Tire fuel efficiency consumer infor- Secretary executes the agreement with the lowing: mation Academy. ‘‘Sec. 32902A. Requirement to manufacture ‘‘(a) RULEMAKING.— SEC. 510. STANDARDS FOR EXECUTIVE AGENCY flexible fuel automobiles’’. ‘‘(1) IN GENERAL.—Not later than 18 months AUTOMOBILES. (b) RULEMAKING.— after the date of enactment of the Ten-in- (a) IN GENERAL.—Section 32917 of title 49, (1) IN GENERAL.—Not later than 1 year after Ten Fuel Economy Act, the Secretary of United States Code, is amended to read as the date of the enactment of this Act, the Transportation shall, after notice and oppor- follows: Secretary of Transportation shall issue regu- tunity for comment, promulgate rules estab- ‘‘§ 32917. Standards for Executive agency lations to carry out the amendments made lishing a national tire fuel efficiency con- automobiles by subsection (a). sumer information program for tires de- signed for use on motor vehicles to educate ‘‘(a) FUEL EFFICIENCY.—The head of an Ex- (2) HARDSHIP EXEMPTION.—The regulations ecutive agency shall ensure that each new issued pursuant to paragraph (1) shall in- consumers about the effect of tires on auto- automobile procured by the Executive agen- clude a process by which a manufacturer mobile fuel efficiency. cy is as fuel efficient as practicable. may be exempted from the requirement ‘‘(2) ITEMS INCLUDED IN RULE.—The rule- ‘‘(b) DEFINITIONS.—In this section: under section 32902A(a) upon demonstrating making shall include— ‘‘(1) EXECUTIVE AGENCY.—The term ‘Execu- that such requirement would create a sub- ‘‘(A) a national tire fuel efficiency rating tive agency’ has the meaning given that stantial economic hardship for the manufac- system for motor vehicle tires to assist con- term in section 105 of title 5. turer. sumers in making more educated tire pur- ‘‘(2) NEW AUTOMOBILE.—The term ‘new SEC. 512. INCREASING CONSUMER AWARENESS chasing decisions; automobile’, with respect to the fleet of OF FLEXIBLE FUEL AUTOMOBILES. ‘‘(B) requirements for providing informa- automobiles of an executive agency, means Section 32908 of title 49, United States tion to consumers, including information at an automobile that is leased for at least 60 Code, is amended by adding at the end the the point of sale and other potential infor- consecutive days or bought, by or for the Ex- following: mation dissemination methods, including ‘‘(g) INCREASING CONSUMER AWARENESS OF ecutive agency, after September 30, 2008. The the Internet; FLEXIBLE FUEL AUTOMOBILES.—(1) The Sec- term does not include any vehicle designed ‘‘(C) specifications for test methods for retary of Energy, in consultation with the for combat-related missions, law enforce- manufacturers to use in assessing and rating Secretary of Transportation, shall prescribe ment work, or emergency rescue work.’’. tires to avoid variation among test equip- regulations that require the manufacturer of (b) REPORT.—The Administrator of the ment and manufacturers; and automobiles distributed in interstate com- General Services Administration shall de- ‘‘(D) a national tire maintenance consumer merce for sale in the United States— velop a report describing and evaluating the education program including, information on ‘‘(A) to prominently display a permanent efforts of the heads of the Executive agencies tire inflation pressure, alignment, rotation, badge or emblem on the quarter panel or to comply with section 32917 of title 49, and tread wear to maximize fuel efficiency. tailgate of each such automobile that indi- United States Code, for fiscal year 2009. The ‘‘(3) APPLICABILITY.—This section shall not cates such vehicle is capable of operating on Administrator shall submit the report to apply to tires excluded from coverage under alternative fuel; and Congress no later than December 31, 2009. section 575.104(c)(2) of title 49, Code of Fed- ‘‘(B) to include information in the owner’s eral Regulations, as in effect on date of en- SEC. 511. ENSURING AVAILABILITY OF FLEXIBLE manual of each such automobile information FUEL AUTOMOBILES. actment of the Ten-in-Ten Fuel Economy that describes— Act. (a) AMENDMENT.— ‘‘(i) the capability of the automobile to op- ‘‘(b) CONSULTATION.—The Secretary shall (1) IN GENERAL.—Chapter 329 of title 49, erate using alternative fuel; consult with the Secretary of Energy and the United States Code, is amended by inserting ‘‘(ii) the benefits of using alternative fuel, Administrator of the Environmental Protec- after section 32902 the following: including the renewable nature, and the en- tion Agency on the means of conveying tire ‘‘§ 32902A. Requirement to manufacture flexi- vironmental benefits of using alternative fuel efficiency consumer information. ble fuel automobiles fuel; and ‘‘(c) REPORT TO CONGRESS.—The Secretary ‘‘(a) IN GENERAL.—For each model year, ‘‘(C) to contain a fuel tank cap that is shall conduct periodic assessments of the each manufacturer of new automobiles de- clearly labeled to inform consumers that the rules promulgated under this section to de- scribed in subsection (b) shall ensure that automobile is capable of operating on alter- termine the utility of such rules to con- the percentage of such automobiles manufac- native fuel. sumers, the level of cooperation by industry,

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and the contribution to national goals per- (e) PREFERENCE.—In making awards under SEC. 518. ENERGY SECURITY FUND AND ALTER- taining to energy consumption. The Sec- this subsection, the Secretary shall give NATIVE FUEL GRANT PROGRAM. retary shall transmit periodic reports detail- preference to participants in the Industry (a) ESTABLISHMENT OF FUND.— ing the findings of such assessments to the Alliance. (1) IN GENERAL.—There is established in the Senate Committee on Commerce, Science, (f) COST SHARING.—In carrying out this sec- Treasury a fund, to be known as the ‘‘Energy and Transportation and the House of Rep- tion, the Secretary shall require cost sharing Security Fund’’ (referred to in this section resentatives Committee on Energy and Com- in accordance with section 120(b) of title 23, as the ‘‘Fund’’), consisting of— merce. United States Code. (A) amounts transferred to the Fund under (g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(d) TIRE MARKING.—The Secretary shall section 32912(e)(2) of title 49, United States There are authorized to be appropriated to not require permanent labeling of any kind Code; and carry out this section such sums as may be on a tire for the purpose of tire fuel effi- (B) amounts credited to the Fund under ciency information. necessary for each of fiscal years 2008 paragraph (2)(C). ‘‘(e) PREEMPTION.—When a requirement through 2012. (2) INVESTMENT OF AMOUNTS.— under this section is in effect, a State or po- SEC. 516. BIODIESEL STANDARDS. (A) IN GENERAL.—The Secretary of the litical subdivision of a State may adopt or (a) IN GENERAL.—Not later than 180 days Treasury shall invest in interest-bearing ob- enforce a law or regulation on tire fuel effi- after the date of enactment of this Act, the ligations of the United States such portion ciency consumer information only if the law Administrator of the Environmental Protec- of the Fund as is not, in the judgment of the or regulation is identical to that require- tion Agency, in consultation with the Sec- Secretary of the Treasury, required to meet ment. Nothing in this section shall be con- retary of Transportation and the Secretary current withdrawals. strued to preempt a State or political sub- of Energy, shall promulgate regulations to (B) SALE OF OBLIGATIONS.—Any obligation division of a State from regulating the fuel ensure that all diesel-equivalent fuels de- acquired by the Fund may be sold by the efficiency of tires not otherwise preempted rived from renewable biomass that are intro- Secretary of the Treasury at the market under this chapter.’’. duced into interstate commerce are tested price. (b) ENFORCEMENT.—Section 30165(a) of title and certified to comply with appropriate (C) CREDITS TO FUND.—The interest on, and 49, United States Code, is amended by adding American Society for Testing and Materials the proceeds from the sale or redemption of, at the end the following: standards. any obligations held in the Fund shall be ‘‘(4) SECTION 30123a.—Any person who fails (b) DEFINITIONS.—In this section: credited to, and form a part of, the Fund in to comply with the national tire fuel effi- (1) BIODIESEL.— accordance with section 9602 of the Internal ciency consumer information program under (A) IN GENERAL.—The term ‘‘biodiesel’’ section 30123A is liable to the United States means the monoalkyl esters of long chain Revenue Code of 1986. Government for a civil penalty of not more fatty acids derived from plant or animal (3) USE OF AMOUNTS IN FUND.—Amounts in than $50,000 for each violation.’’. matter that meet— the Fund shall be made available to the Sec- (c) Conforming Amendment.—The chapter (i) the registration requirements for fuels retary of Energy, subject to the availability analysis for chapter 301 of title 49, United and fuel additives established by the Envi- of appropriations, to carry out the grant pro- States Code, is amended by inserting after ronmental Protection Agency under section gram under subsection (b). the item relating to section 30123 the fol- 211 of the Clean Air Act (42 U.S.C. 7545); and (b) ALTERNATIVE FUELS GRANT PROGRAM.— lowing: (ii) the requirements of the American Soci- (1) IN GENERAL.—Not later than 90 days ‘‘30123A. Tire fuel efficiency consumer infor- ety of Testing and Materials D6751. after the date of enactment of this Act, the mation’’. (B) INCLUSIONS.—The term ‘‘biodiesel’’ in- Secretary of Energy, acting through the SEC. 515. ADVANCED BATTERY INITIATIVE. cludes esters described in subparagraph (A) Clean Cities Program of the Department of (a) IN GENERAL.—The Secretary of Energy, derived from— Energy, shall establish and carry out a pro- in consultation with the Secretary of Trans- (i) animal waste, including poultry fat, gram under which the Secretary shall pro- portation, shall establish and carry out an poultry waste, and other waste material; and vide grants to expand the availability to con- Advanced Battery Initiative in accordance (ii) municipal solid waste, sludge, and oil sumers of alternative fuels (as defined in sec- with this section to support research, devel- derived from wastewater or the treatment of tion 32901(a) of title 49, United States Code). opment, demonstration, and commercial ap- wastewater. (2) ELIGIBILITY.— plication of battery technologies. (2) BIODIESEL BLEND.—The term ‘‘biodiesel (A) IN GENERAL.—Except as provided in (b) INDUSTRY ALLIANCE.—Not later than 180 blend’’ means a mixture of biodiesel and die- subparagraph (B), any entity that is eligible days after the date of enactment of this Act, sel fuel, including— to receive assistance under the Clean Cities the Secretary shall competitively select an (A) a blend of biodiesel and diesel fuel ap- Program shall be eligible to receive a grant Industry Alliance to represent participants proximately 5 percent of the content of under this subsection. who are private, for-profit firms which is biodiesel (commonly known as (B) EXCEPTIONS.— headquartered in the United States, the pri- ‘‘B5’’); and (i) CERTAIN OIL COMPANIES.—A large, mary business of which is the manufacturing (B) a blend of biodiesel and diesel fuel ap- vertically-integrated oil company shall not of batteries. proximately 20 percent of the content of be eligible to receive a grant under this sub- (c) RESEARCH.— which is biodiesel (commonly known as section. (1) GRANTS.—The Secretary shall carry out ‘‘B20’’). (ii) PROHIBITION OF DUAL BENEFITS.—An en- research activities of the Initiative through SEC. 517. USE OF CIVIL PENALTIES FOR RE- tity that receives any other Federal funds competitively-awarded grants to— SEARCH AND DEVELOPMENT. for the construction or expansion of alter- (A) researchers, including Industry Alli- Section 32912 of title 49, United States native refueling infrastructure shall not be ance participants; Code, is amended by adding at the end there- eligible to receive a grant under this sub- (B) small businesses; of the following: section for the construction or expansion of (C) National Laboratories; and ‘‘(e) USE OF CIVIL PENALTIES.—For fiscal the same alternative refueling infrastruc- (D) institutions of higher education. year 2008 and each fiscal year thereafter, ture. (2) INDUSTRY ALLIANCE.—The Secretary from the total amount deposited in the gen- (C) ENSURING COMPLIANCE.—Not later than shall annually solicit from the Industry Alli- eral fund of the Treasury during the pre- 30 days after the date of enactment of this ance— ceding fiscal year from fines, penalties, and Act, the Secretary of Energy shall promul- (A) comments to identify advanced battery other funds obtained through enforcement gate regulations to ensure that, before re- technology and battery systems needs rel- actions conducted pursuant to this section ceiving a grant under this subsection, an eli- evant to— (including funds obtained under consent de- gible entity meets applicable standards re- (i) electric drive technology; crees), the Secretary of the Treasury, subject lating to the installation, construction, and (ii) portable radio communications devices, to the availability of appropriations, shall— expansion of infrastructure necessary to in- including devices used by public safety per- ‘‘(1) transfer 50 percent of such total crease the availability to consumers of alter- sonnel; and amount to the account providing appropria- native fuels (as defined in section 32901(a) of (iii) other applications the Secretary tions to the Secretary of Transportation for title 49, United States Code). deems appropriate; the administration of this chapter, which (3) MAXIMUM AMOUNT.— (B) an assessment of the progress of re- shall be used by the Secretary to carry out a (A) GRANTS.—The amount of a grant pro- search activities of the Initiative; and program of research and development into vided under this subsection shall not exceed (C) assistance in annually updating ad- fuel saving automotive technologies and to $30,000. vanced battery technology and battery sys- support rulemaking under this chapter; and (B) AMOUNT PER STATION.—An eligible enti- tems roadmaps. ‘‘(2) transfer 50 percent of such total ty shall receive not more than $90,000 under (d) AVAILABILITY TO THE PUBLIC.—The in- amount to the Energy Security Fund estab- this subsection for any station of the eligible formation and roadmaps developed under lished by section 518(a) of the Ten-in-Ten entity during a fiscal year. this section shall be available to the public. Fuel Economy Act.’’. (4) USE OF FUNDS.—

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(A) IN GENERAL.—A grant provided under (1) the price charged was a price that to enforcement actions concerning compa- this subsection shall be used for the con- would reasonably exist in a competitive and nies with total United States wholesale or struction or expansion of alternative fueling freely functioning market; and retail sales of crude oil, gasoline, and petro- infrastructure. (2) the amount of gasoline or other petro- leum distillates in excess of $500,000,000 per (B) ADMINISTRATIVE EXPENSES.—Not more leum distillate the seller produced, distrib- year but shall not exclude enforcement ac- than 3 percent of the amount of a grant pro- uted, or sold during the period the Proclama- tions against companies with total United vided under this subsection shall be used for tion was in effect increased over the average States wholesale sales of $500,000,000 or less administrative expenses. amount during the preceding 30 days. per year. SEC. 519. AUTHORIZATION OF APPROPRIATIONS. SEC. 604. PROHIBITION ON MARKET MANIPULA- (b) VIOLATION IS TREATED AS UNFAIR OR DE- There are authorized to be appropriated to TION. CEPTIVE ACT OR PRACTICE.—The violation of the Secretary of Transportation $25,000,000 It is unlawful for any person, directly or any provision of this title shall be treated as for each of fiscal years 2009 through 2021 to indirectly, to use or employ, in connection an unfair or deceptive act or practice pro- carry out the provisions of chapter 329 of with the purchase or sale of crude oil gaso- scribed under a rule issued under section title 49, United States Code. line or petroleum distillates at wholesale, 18(a)(1)(B) of the Federal Trade Commission any manipulative or deceptive device or con- Act (15 U.S.C. 57a(a)(1)(B)). SEC. 520. APPLICATION WITH CLEAN AIR ACT. trivance, in contravention of such rules and (c) COMMISSION ACTIONS.—Following the Nothing in this title shall be construed to regulations as the Commission may pre- declaration of an energy emergency by the conflict with the authority provided by sec- scribe as necessary or appropriate in the President under section 606 of this Act, the tions 202 and 209 of the Clean Air Act (42 public interest or for the protection of Commission shall— U.S.C. 7521 and 7543, respectively). United States citizens. (1) maintain within the Commission— TITLE VI—PRICE GOUGING SEC. 605. PROHIBITION ON FALSE INFORMATION. (A) a toll-free hotline that a consumer may SEC. 601. SHORT TITLE. (a) IN GENERAL.—It is unlawful for any per- call to report an incident of price gouging in the affected area; and This title may be cited as the ‘‘Petroleum son to report information related to the (B) a program to develop and distribute to Consumer Price Gouging Protection Act’’. wholesale price of crude oil gasoline or pe- troleum distillates to a Federal department the public informational materials to assist SEC. 602. DEFINITIONS. or agency if— residents of the affected area in detecting, In this title: (1) that person knew, or reasonably should avoiding, and reporting price gouging; (1) AFFECTED AREA.—The term ‘‘affected have known, the information to be false or (2) consult with the Attorney General, the area’’ means an area covered by a Presi- misleading; United States Attorney for the districts in dential declaration of energy emergency. (2) the information was required by law to which a disaster occurred (if the declaration (2) SUPPLIER.—The term ‘‘supplier’’ means be reported; and is related to a major disaster), and State and any person engaged in the trade or business (3) the person intended the false or mis- local law enforcement officials to determine of selling or reselling, at retail or wholesale, leading data to affect data compiled by the whether any supplier in the affected area is or distributing crude oil, gasoline, or petro- department or agency for statistical or ana- charging or has charged an unconscionably leum distillates. lytical purposes with respect to the market excessive price for crude oil, gasoline, or pe- (3) PRICE GOUGING.—The term ‘‘price for crude oil, gasoline, or petroleum dis- troleum distillates in the affected area; and gouging’’ means the charging of an uncon- tillates. (3) conduct investigations as appropriate scionably excessive price by a supplier in an SEC. 606. PRESIDENTIAL DECLARATION OF EN- to determine whether any supplier in the af- affected area. ERGY EMERGENCY. fected area has violated section 603 of this NCONSCIONABLY EXCESSIVE PRICE (4) U .—The (a) IN GENERAL.—If the President finds Act, and upon such finding, take any action term ‘‘unconscionably excessive price’’ that the health, safety, welfare, or economic the Commission determines to be appro- means an average price charged during an well-being of the citizens of the United priate to remedy the violation. energy emergency declared by the President States is at risk because of a shortage or im- SEC. 608. ENFORCEMENT BY STATE ATTORNEYS in an area and for a product subject to the minent shortage of adequate supplies of GENERAL. declaration, that— crude oil, gasoline or petroleum distillates (a) IN GENERAL.—A State, as parens (A)(i)(I) constitutes a gross disparity from due to a disruption in the national distribu- patriae, may bring a civil action on behalf of the average price at which it was offered for tion system for crude oil, gasoline or petro- its residents in an appropriate district court sale in the usual course of the supplier’s leum distillates (including such a shortage of the United States to enforce the provi- business during the 30 days prior to the related to a major disaster (as defined in sec- sions of section 603 of this Act, or to impose President’s declaration of an energy emer- tion 102(2) of the Robert T. Stafford Disaster the civil penalties authorized by section 609 gency; and Relief and Emergency Assistance Act (42 for violations of section 603, whenever the at- (II) grossly exceeds the prices at which the U.S.C. 5122(2))), or significant pricing anoma- torney general of the State has reason to be- same or similar crude oil gasoline or petro- lies in national energy markets for crude oil, lieve that the interests of the residents of leum distillate was readily obtainable by gasoline, or petroleum distillates, the Presi- the State have been or are being threatened purchasers from other suppliers in the same dent may declare that a Federal energy or adversely affected by a supplier engaged relevant geographic market within the af- emergency exists. in the sale or resale, at retail or wholesale, fected area; or (b) SCOPE AND DURATION.—The emergency or distribution of crude oil, gasoline or pe- (ii) represents an exercise of unfair lever- declaration shall specify— troleum distillates in violation of section 603 age or unconscionable means on the part of (1) the period, not to exceed 30 days, for of this Act. the supplier, during a period of declared en- which the declaration applies; (b) NOTICE.—The State shall serve written ergy emergency; and (2) the circumstance or condition necessi- notice to the Commission of any civil action (B) is not attributable to increased whole- tating the declaration; and under subsection (a) prior to initiating the sale or operational costs, including replace- (3) the area or region to which it applies action. The notice shall include a copy of the ment costs, outside the control of the sup- which may not be limited to a single State; complaint to be filed to initiate the civil ac- plier, incurred in connection with the sale of and tion, except that if it is not feasible for the crude oil, gasoline, or petroleum distillates; (4) the product or products to which it ap- State to provide such prior notice, the State and is not attributable to local, regional, na- plies. shall provide such notice immediately upon tional, or international market conditions. (c) EXTENSIONS.—The President may— instituting the civil action. (5) COMMISSION.—The term ‘‘Commission’’ (1) extend a declaration under subsection (c) AUTHORITY TO INTERVENE.—Upon receiv- means the Federal Trade Commission. (a) for a period of not more than 30 days; ing the notice required by subsection (b), the SEC. 603. PROHIBITION ON PRICE GOUGING DUR- (2) extend such a declaration more than Commission may intervene in the civil ac- ING ENERGY EMERGENCIES. once; and tion and, upon intervening— (a) IN GENERAL.—During any energy emer- (3) discontinue such a declaration before (1) may be heard on all matters arising in gency declared by the President under sec- its expiration. such civil action; and tion 606 of this Act, it is unlawful for any SEC. 607. ENFORCEMENT BY THE FEDERAL (2) may file petitions for appeal of a deci- supplier to sell, or offer to sell crude oil, gas- TRADE COMMISSION. sion in such civil action. oline or petroleum distillates subject to that (a) ENFORCEMENT.—This title shall be en- (d) CONSTRUCTION.—For purposes of bring- declaration in, or for use in, the area to forced by the Federal Trade Commission in ing any civil action under subsection (a), which that declaration applies at an uncon- the same manner, by the same means, and nothing in this section shall prevent the at- scionably excessive price. with the same jurisdiction as though all ap- torney general of a State from exercising the (b) FACTORS CONSIDERED.—In determining plicable terms of the Federal Trade Commis- powers conferred on the Attorney General by whether a violation of subsection (a) has oc- sion Act were incorporated into and made a the laws of such State to conduct investiga- curred, there shall be taken into account, part of this title. In enforcing section 603 of tions or to administer oaths or affirmations among other factors, whether— this Act, the Commission shall give priority or to compel the attendance of witnesses or

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(A) the defendant operates; have an energy policy that pursues the stra- (B) the defendant was authorized to do In this title: tegic goal of achieving energy security business; or (1) MAJOR ENERGY PRODUCER.—The term through access to clean, affordable, suffi- (C) where the defendant in the civil action ‘‘major energy producer’’ means a country cient, reliable, and sustainable sources of en- is found; that— ergy; (2) process may be served without regard to (A) had crude oil, oil sands, or natural gas (2) achieving energy security is a priority the territorial limits of the district or of the to liquids production of 1,000,000 barrels per for United States foreign policy and requires State in which the civil action is instituted; day or greater average in the previous year; continued and enhanced engagement with and (B) has crude oil, shale oil, or oil sands re- foreign governments and entities in a vari- (3) a person who participated with the de- serves of 6,000,000,000 barrels or greater, as ety of areas, including activities relating to fendant in an alleged violation that is being recognized by the Department of Energy; the promotion of alternative and renewable litigated in the civil action may be joined in (C) had natural gas production of fuels, trade and investment in oil, coal, and the civil action without regard to the resi- 30,000,000,000 cubic meters or greater in the natural gas, energy efficiency, climate and dence of the person. previous year; environmental protection, data trans- (D) has natural gas reserves of parency, advanced scientific research, pub- (f) LIMITATION ON STATE ACTION WHILE 1,250,000,000,000 cubic meters or greater, as lic-private partnerships, and energy activi- FEDERAL ACTION IS PENDING.—If the Commis- recognized by the Department of Energy; or sion has instituted a civil action or an ad- ties in international development; (E) is a direct supplier of natural gas or ministrative action for violation of this (3) the President should ensure that the liquefied natural gas to the United States. title, a State attorney general, or official or international energy activities of the United (2) MAJOR ENERGY CONSUMER.—The term agency of a State, may not bring an action States Government are given clear focus to ‘‘major energy consumer’’ means a country under this section during the pendency of support the national security needs of the that— that action against any defendant named in United States, and to this end, there should (A) had an oil consumption average of the complaint of the Commission or the be established a mechanism to coordinate 1,000,000 barrels per day or greater in the pre- other agency for any violation of this title the implementation of United States inter- vious year; alleged in the Commission’s civil or adminis- national energy policy among the Federal (B) had an oil consumption growth rate of trative action. agencies engaged in relevant agreements and 8 percent or greater in the previous year; activities; and (g) NO PREEMPTION.—Nothing contained in (C) had a natural gas consumption of (4) the Secretary of State should ensure this section shall prohibit an authorized 30,000,000,000 cubic meters or greater in the that energy security is integrated into the State official from proceeding in State court previous year; or core mission of the Department of State, and to enforce a civil or criminal statute of that (D) had a natural gas consumption growth to this end, there should be established with- State. rate of 15 percent or greater in the previous in the Office of the Secretary of State a Co- SEC. 609. PENALTIES. year. ordinator for International Energy Affairs (a) CIVIL PENALTY.— SEC. 703. SENSE OF CONGRESS ON ENERGY DI- with responsibility for— (1) IN GENERAL.—In addition to any penalty PLOMACY AND SECURITY. (A) developing United States international applicable under the Federal Trade Commis- (a) FINDINGS.—Congress makes the fol- energy policy in coordination with the De- sion Act, any supplier— lowing findings: partment of Energy and other relevant Fed- (A) that violates section 604 or section 605 (1) It is imperative to the national security eral agencies; of this Act is punishable by a civil penalty of and prosperity of the United States to have (B) working with appropriate United not more than $1,000,000; and reliable, affordable, clean, sufficient, and States Government officials to develop and (B) that violates section 603 of this Act is sustainable sources of energy. update analyses of the national security im- punishable by a civil penalty of— (2) United States dependence on oil im- plications of global energy developments; (i) not more than $500,000, in the case of an ports causes tremendous costs to the United (C) incorporating energy security prior- independent small business marketer of gas- States national security, economy, foreign ities into the activities of the Department; oline (within the meaning of section 324(c) of policy, military, and environmental sustain- (D) coordinating activities with relevant the Clean Air Act (42 U.S.C. 7625(c))); and ability. Federal agencies; and (ii) not more than $5,000,000 in the case of (3) Energy security is a priority for the (E) coordinating energy security and other any other supplier. governments of many foreign countries and relevant functions currently undertaken by (2) METHOD.—The penalties provided by increasingly plays a central role in the rela- offices within the Bureau of Economic, Busi- paragraph (1) shall be obtained in the same tions of the United States Government with ness, and Agricultural Affairs, the Bureau of manner as civil penalties imposed under sec- foreign governments. Global reserves of oil Democracy and Global Affairs, and other of- tion 5 of the Federal Trade Commission Act and natural gas are concentrated in a small fices within the Department of State. (15 U.S.C. 45). number of countries. Access to these oil and SEC. 704. STRATEGIC ENERGY PARTNERSHIPS. (3) MULTIPLE OFFENSES; MITIGATING FAC- natural gas supplies depends on the political (a) FINDINGS.—Congress makes the fol- TORS.—In assessing the penalty provided by will of these producing states. Competition lowing findings: subsection (a)— between governments for access to oil and (1) United States Government partnership (A) each day of a continuing violation shall natural gas reserves can lead to economic, with foreign governments and entities, in- be considered a separate violation; and political, and armed conflict. Oil exporting cluding partnership with the private sector, (B) the court shall take into consideration, states have received dramatically increased for securing reliable and sustainable energy among other factors, the seriousness of the revenues due to high global prices, enhanc- is imperative to ensuring United States secu- violation and the efforts of the person com- ing the ability of some of these states to act rity and economic interests, promoting mitting the violation to remedy the harm in a manner threatening to global stability. international peace and security, expanding caused by the violation in a timely manner. (4) Efforts to combat poverty and protect international development, supporting (b) CRIMINAL PENALTY.—Violation of sec- the environment are hindered by the contin- democratic reform, fostering economic tion 603 of this Act is punishable by a fine of ued predominance of oil and natural gas in growth, and safeguarding the environment. not more than $5,000,000, imprisonment for meeting global energy needs. Development of (2) Democracy and freedom should be pro- not more than 5 years, or both. renewable energy through sustainable prac- moted globally by partnership with foreign tices will help lead to a reduction in green- governments, including in particular govern- SEC. 610. EFFECT ON OTHER LAWS. house gas emissions and enhance inter- ments of emerging democracies such as (a) OTHER AUTHORITY OF THE COMMISSION.— national development. those of Ukraine and Georgia, in their efforts Nothing in this title shall be construed to (5) Cooperation on energy issues between to reduce their dependency on oil and nat- limit or affect in any way the Commission’s the United States Government and the gov- ural gas imports. authority to bring enforcement actions or ernments of foreign countries is critical for (3) The United States Government and the take any other measure under the Federal securing the strategic and economic inter- governments of foreign countries have com- Trade Commission Act (15 U.S.C. 41 et seq.) ests of the United States and of partner gov- mon needs for adequate, reliable, affordable, or any other provision of law. ernments. In the current global energy situa- clean, and sustainable energy in order to en- (b) STATE LAW.—Nothing in this title pre- tion, the energy policies and activities of the sure national security, economic growth, and empts any State law. governments of foreign countries can have high standards of living in their countries.

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United States Government partnership with transportation technologies; and (3) The International Energy Agency foreign governments should include coopera- (4) to provide strategic focus for current projects that the largest growth in demand tion with major energy consuming countries, and future United States Government activi- for petroleum products, other than demand major energy producing countries, and other ties in energy cooperation to meet the global from the United States, will come from governments seeking to advance global en- need for energy security. China and India, which are not members of ergy security through reliable and sustain- (e) DETERMINATION OF AGENDAS.—In gen- the International Energy Program. The Gov- able means. eral, the specific agenda with respect to a ernments of China and India vigorously pur- (4) The United States Government partici- particular strategic energy partnership, and sue access to global oil reserves and are at- pates in hundreds of bilateral and multilat- the Federal agencies designated to imple- tempting to develop national petroleum re- eral energy agreements and activities with ment related activities, shall be determined serves. Participation of the Governments of foreign governments and entities. These by the Secretary of State and the Secretary China and India in an international petro- agreements and activities should reflect the of Energy. leum reserve mechanism would promote strategic need for energy security. (f) USE OF CURRENT AGREEMENTS TO ESTAB- global energy security, but such participa- (b) STATEMENT OF POLICY.—It is the policy LISH PARTNERSHIPS.—Some or all of the pur- tion should be conditional on the Govern- of the United States— poses of the strategic energy partnerships es- ments of China and India abiding by cus- (1) to advance global energy security tablished under subsection (c) may be pur- tomary petroleum reserve management prac- through cooperation with foreign govern- sued through existing bilateral or multilat- tices. ments and entities; eral agreements and activities. Such agree- (4) In the Western Hemisphere, only the (2) to promote reliable, diverse, and sus- ments and activities shall be subject to the United States and Canada are members of tainable sources of all types of energy; reporting requirements in subsection (g). the International Energy Program. The vul- (3) to increase global availability of renew- nerability of most Western Hemisphere (g) REPORTS REQUIRED.— able and clean sources of energy; countries to supply disruptions from polit- (1) INITIAL PROGRESS REPORT.—Not later (4) to decrease global dependence on oil ical, natural, or terrorism causes may intro- than 180 days after the date of the enactment and natural gas energy sources; and duce instability in the hemisphere and can of this Act, the Secretary of State shall sub- (5) to engage in energy cooperation to be a source of conflict, despite the existence mit to the appropriate congressional com- strengthen strategic partnerships that ad- of major oil reserves in the hemisphere. mittees a report on progress made in devel- vance peace, security, and democratic pros- (5) Countries that are not members of the oping the strategic energy partnerships au- perity. International Energy Program and are un- thorized under this section. (c) AUTHORITY.—The Secretary of State, in able to maintain their own national stra- (2) ANNUAL PROGRESS REPORTS.— coordination with the Secretary of Energy, tegic reserves are vulnerable to petroleum (A) IN GENERAL.—Not later than one year should immediately seek to establish and ex- supply disruption. Disruption in petroleum after the date of the enactment of this Act, pand strategic energy partnerships with the supply and spikes in petroleum costs could and annually thereafter for 20 years, the Sec- governments of major energy producers and devastate the economies of developing coun- retary of State shall submit to the appro- major energy consumers, and with govern- tries and could cause internal or interstate priate congressional committees an annual ments of other countries (but excluding any conflict. report on agreements entered into and ac- countries that are ineligible to receive (6) The involvement of the United States tivities undertaken pursuant to this section, United States economic or military assist- Government in the extension of inter- including international environment activi- ance). national mechanisms to coordinate strategic ties. (d) PURPOSES.—The purposes of the stra- petroleum reserves and the extension of (B) CONTENT.—Each report submitted tegic energy partnerships established pursu- other emergency preparedness measures under this paragraph shall include details ant to subsection (c) are— should strengthen the current International on— (1) to strengthen global relationships to Energy Program. (i) agreements and activities pursued by promote international peace and security (b) ENERGY CRISIS RESPONSE MECHANISMS the United States Government with foreign through fostering cooperation in the energy WITH INDIA AND CHINA.— governments and entities, the implementa- sector on a mutually beneficial basis in ac- (1) AUTHORITY.—The Secretary of State, in tion plans for such agreements and progress cordance with respective national energy coordination with the Secretary of Energy, measurement benchmarks, United States policies; should immediately seek to establish a pe- Government resources used in pursuit of (2) to promote the policy set forth in sub- troleum crisis response mechanism or mech- such agreements and activities, and legisla- section (b), including activities to advance— anisms with the Governments of China and tive changes recommended for improved (A) the mutual understanding of each India. partnership; and country’s energy needs, priorities, and poli- (2) SCOPE.—The mechanism or mechanisms (ii) polices and actions in the energy sector cies, including interparliamentary under- established under paragraph (1) should in- of partnership countries pertinent to United standing; clude— States economic, security, and environ- (B) measures to respond to acute energy (A) technical assistance in the develop- mental interests. supply disruptions, particularly in regard to ment and management of national strategic petroleum and natural gas resources; SEC. 705. INTERNATIONAL ENERGY CRISIS RE- petroleum reserves; (C) long-term reliability and sustainability SPONSE MECHANISMS. (B) agreements for coordinating in energy supply; (a) FINDINGS.—Congress makes the fol- drawdowns of strategic petroleum reserves (D) the safeguarding and safe handling of lowing findings: with the United States, conditional upon re- nuclear fuel; (1) Cooperation between the United States serve holdings and management conditions (E) human and environmental protection; Government and governments of other coun- established by the Secretary of Energy; (F) renewable energy production; tries during energy crises promotes the na- (C) emergency demand restraint measures; (G) access to reliable and affordable energy tional security of the United States. (D) fuel switching preparedness and alter- for underdeveloped areas, in particular en- (2) The participation of the United States native fuel production capacity; and ergy access for the poor; in the International Energy Program estab- (E) ongoing demand intensity reduction (H) appropriate commercial cooperation; lished under the Agreement on an Inter- programs. (I) information reliability and trans- national Energy Program, done at Paris No- (3) USE OF EXISTING AGREEMENTS TO ESTAB- parency; and vember 18, 1974 (27 UST 1685), including in LISH MECHANISM.—The Secretary may, after (J) research and training collaboration; the coordination of national strategic petro- consultation with Congress and in accord- (3) to advance the national security pri- leum reserves, is a national security asset ance with existing international agreements, ority of developing sustainable and clean en- that— including the International Energy Program, ergy sources, including through research and (A) protects the consumers and the econ- include China and India in a petroleum crisis development related to, and deployment of— omy of the United States in the event of a response mechanism through existing or new (A) renewable electrical energy sources, in- major disruption in petroleum supply; agreements. cluding biomass, wind, and solar; (B) maximizes the effectiveness of the (c) ENERGY CRISIS RESPONSE MECHANISM (B) renewable transportation fuels, includ- United States strategic petroleum reserve FOR THE WESTERN HEMISPHERE.— ing biofuels; through cooperation in accessing global re- (1) AUTHORITY.—The Secretary of State, in (C) clean coal technologies; serves of various petroleum products; coordination with the Secretary of Energy, (D) carbon sequestration, including in con- (C) provides market reassurance in coun- should immediately seek to establish a West- junction with power generation, agriculture, tries that are members of the International ern Hemisphere energy crisis response mech- and forestry; and Energy Program; and anism.

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(2) SCOPE.—The mechanism established national Energy Agency, including any deci- (A) An Energy Crisis Initiative that will under paragraph (1) should include— sion that has been reached by the Governing establish measures to respond to temporary (A) an information sharing and coordi- Board with respect to the matter. energy supply disruptions, including nating mechanism in case of energy supply SEC. 706. HEMISPHERE ENERGY COOPERATION through— emergencies; FORUM. (i) strengthening sea-lane and infrastruc- (B) technical assistance in the develop- (a) FINDINGS.—Congress makes the fol- ture security; ment and management of national strategic lowing findings: (ii) implementing a real-time emergency petroleum reserves within countries of the (1) The engagement of the United States information sharing system; Western Hemisphere; Government with governments of countries (iii) encouraging members to have emer- (C) technical assistance in developing na- in the Western Hemisphere is a strategic pri- gency mechanisms and contingency plans in tional programs to meet the requirements of ority for reducing the potential for tension place; and membership in a future international energy over energy resources, maintaining and ex- (iv) establishing a Western Hemisphere en- application procedure as described in sub- panding reliable energy supplies, expanding ergy crisis response mechanism as author- section (d); use of renewable energy, and reducing the ized under section 705(c). (D) emergency demand restraint measures; detrimental effects of energy import depend- (B) An Energy Sustainability Initiative to (E) energy switching preparedness and al- ence within the hemisphere. Current energy facilitate long-term supply security through ternative energy production capacity; and dialogues should be expanded and refocused fostering reliable supply sources of fuels, in- (F) ongoing demand intensity reduction as needed to meet this challenge. cluding development, deployment, and com- programs. (2) Countries of the Western Hemisphere mercialization of technologies for sustain- (3) MEMBERSHIP.—The Secretary should can most effectively meet their common able renewable fuels within the region, in- seek to include in the Western Hemisphere needs for energy security and sustainability cluding activities that— energy crisis response mechanism member- through partnership and cooperation. Co- (i) promote production and trade in sus- ship for each major energy producer and operation between governments on energy tainable energy, including energy from bio- major energy consumer in the Western issues will enhance bilateral relationships mass; Hemisphere and other members of the Hemi- among countries of the hemisphere. The (ii) facilitate investment, trade, and tech- sphere Energy Cooperation Forum author- Western Hemisphere is rich in natural re- nology cooperation in energy infrastructure, ized under section 706. sources, including biomass, oil, natural gas, petroleum products, natural gas (including (d) INTERNATIONAL ENERGY PROGRAM AP- coal, and has significant opportunity for pro- liquefied natural gas), energy efficiency (in- PLICATION PROCEDURE.— duction of renewable hydro, solar, wind, and cluding automotive efficiency), clean fossil (1) AUTHORITY.—The President should place other energies. Countries of the Western energy, renewable energy, and carbon se- on the agenda for discussion at the Gov- Hemisphere can provide convenient and reli- questration; erning Board of the International Energy able markets for trade in energy goods and (iii) promote regional infrastructure and Agency, as soon as practicable, the merits of services. market integration; establishing an international energy pro- (3) Development of sustainable energy al- (iv) develop effective and stable regulatory gram application procedure. ternatives in the countries of the Western frameworks; (2) PURPOSE.—The purpose of such proce- Hemisphere can improve energy security, (v) develop renewable fuels standards and dure is to allow countries that are not mem- balance of trade, and environmental quality renewable portfolio standards; bers of the International Energy Program to and provide markets for energy technology (vi) establish educational training and ex- apply to the Governing Board of the Inter- and agricultural products. Brazil and the change programs between member countries; national Energy Agency for allocation of pe- United States have led the world in the pro- and troleum reserve stocks in times of emer- duction of ethanol, and deeper cooperation (vii) identify and remove barriers to trade gency on a grant or loan basis. Such coun- on biofuels with other countries of the hemi- in technology, services, and commodities. tries should also receive technical assistance sphere would extend economic and security (C) An Energy for Development Initiative for, and be subject to, conditions requiring benefits. to promote energy access for underdeveloped development and management of national (4) Private sector partnership and invest- areas through energy policy and infrastruc- programs for energy emergency prepared- ment in all sources of energy is critical to ture development, including activities that— ness, including demand restraint, fuel providing energy security in the Western (i) increase access to energy services for switching preparedness, and development of Hemisphere. the poor; alternative fuels production capacity. (b) HEMISPHERE ENERGY COOPERATION (ii) improve energy sector market condi- (e) REPORTS REQUIRED.— FORUM.— tions; (1) PETROLEUM RESERVES.—Not later than (1) ESTABLISHMENT.—The Secretary of (iii) promote rural development though 180 days after the date of the enactment of State, in coordination with the Secretary of biomass energy production and use; this Act, the Secretary of Energy shall sub- Energy, should immediately seek to estab- (iv) increase transparency of, and partici- mit to the appropriate congressional com- lish a regional-based ministerial forum to be pation in, energy infrastructure projects; mittees a report that evaluates the options known as the Hemisphere Energy Coopera- (v) promote development and deployment for adapting the United States national stra- tion Forum. of technology for clean and sustainable en- tegic petroleum reserve and the inter- (2) PURPOSES.—The Hemisphere Energy Co- ergy development, including biofuel and national petroleum reserve coordinating operation Forum should seek— clean coal technologies; and mechanism in order to carry out this sec- (A) to strengthen relationships between (vi) facilitate use of carbon sequestration tion. the United States and other countries of the methods in agriculture and forestry and (2) CRISIS RESPONSE MECHANISMS.—Not Western Hemisphere through cooperation on linking greenhouse gas emissions reduction later than 180 days after the date of the en- energy issues; programs to international carbon markets. actment of this Act, the Secretary of State, (B) to enhance cooperation between major (c) HEMISPHERE ENERGY INDUSTRY GROUP.— in coordination with the Secretary of En- energy producers and major energy con- (1) AUTHORITY.—The Secretary of State, in ergy, shall submit to the appropriate con- sumers in the Western Hemisphere, particu- coordination with the Secretary of Com- gressional committees a report on the status larly among the governments of Brazil, Can- merce and the Secretary of Energy, should of the establishment of the international pe- ada, Mexico, the United States, and Ven- approach the governments of other countries troleum crisis response mechanisms de- ezuela; in the Western Hemisphere to seek coopera- scribed in subsections (b) and (c). The report (C) to ensure that energy contributes to tion in establishing a Hemisphere Energy In- shall include recommendations of the Sec- the economic, social, and environmental en- dustry Group, to be coordinated by the retary of State and the Secretary of Energy hancement of the countries of the Western United States Government, involving indus- for any legislation necessary to establish or Hemisphere; try representatives and government rep- carry out such mechanisms. (D) to provide an opportunity for open dia- resentatives from the Western Hemisphere. (3) EMERGENCY APPLICATION PROCEDURE.— logue and joint commitments between mem- (2) PURPOSE.—The purpose of the forum Not later than 60 days after a discussion by ber governments and with private industry; should be to increase public-private partner- the Governing Board of the International and ships, foster private investment, and enable Energy Agency of the application procedure (E) to provide participating countries the countries of the Western Hemisphere to de- described under subsection (d), the President flexibility necessary to cooperatively ad- vise energy agendas compatible with indus- should submit to Congress a report that de- dress broad challenges posed to the energy try capacity and cognizant of industry goals. scribes— supply of the Western Hemisphere that are (3) TOPICS OF DIALOGUES.—Topics for the (A) the actions the United States Govern- practical in policy terms and politically ac- forum should include— ment has taken pursuant to such subsection; ceptable. (A) promotion of a secure investment cli- and (3) ACTIVITIES.—The Hemisphere Energy mate; (B) a summary of the debate on the matter Cooperation Forum should implement the (B) development and deployment of before the Governing Board of the Inter- following activities: biofuels and other alternative fuels and clean

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(C) development and deployment of energy curity. ‘‘(3) ONLY FIRST $6,000 OF WAGES PER YEAR efficient technologies and practices, includ- (C) REPORT.— TAKEN INTO ACCOUNT.—The amount of the ing in the industrial, residential, and trans- (i) IN GENERAL.—Not later than 180 days qualified first-year wages which may be portation sectors; after the date of enactment of this Act, and taken into account with respect to any indi- (D) investment in oil and natural gas pro- annually thereafter, the head of each Federal vidual shall not exceed $6,000 per year. duction and distribution; agency shall prepare and submit to the Sec- ‘‘(c) QUALIFIED TELECOMMUTER.—For pur- (E) transparency of energy production and retary a report that includes a description of poses of this section, the term ‘qualified reserves data; each Federal building for which the head of telecommuter’ means any individual who (F) research promotion; and the Agency with jurisdiction over the Fed- renders not less than 40 percent of the serv- (G) training and education exchange pro- eral building determined that compliance ice described in subsection (b)(1) from the in- grams. with the requirement under paragraph (1) dividual’s principal residence. (d) ANNUAL REPORT.—The Secretary of would be impracticable. ‘‘(d) WAGES.—For purposes of this section— State, in coordination with the Secretary of (ii) REVIEW BY SECRETARY.—Not later than ‘‘(1) IN GENERAL.—The term ‘wages’ has the Energy, shall submit to the appropriate con- 90 days after the date on which the Secretary meaning given to such term by subsection gressional committees an annual report on receives a report from a head of a Federal (b) of section 3306 (determined without re- the implementation of this section, includ- agency under clause (i), the Secretary shall gard to any dollar limitation contained in ing the strategy and benchmarks for meas- review the report and notify the head of the such section). urement of progress developed under this Federal agency on whether any Federal ‘‘(2) ON-THE-JOB TRAINING AND WORK SUP- section. building described in the report submitted by PLEMENTATION PAYMENTS.— ‘‘(A) EXCLUSION FOR EMPLOYERS RECEIVING SEC. 707. APPROPRIATE CONGRESSIONAL COM- the head of the Federal agency shall be re- MITTEES DEFINED. quired to comply with the requirement under ON-THE-JOB TRAINING PAYMENTS.—The term In this title, the term ‘‘appropriate con- paragraph (1). ‘wages’ shall not include any amounts paid gressional committees’’ means the Com- (D) REGULATIONS.—Not later than 180 days or incurred by an employer for any period to mittee on Foreign Relations and the Com- after the date of enactment of this Act, the any individual for whom the employer re- mittee on Energy and Natural Resources of Secretary shall promulgate regulations to ceives federally funded payments for on-the- the Senate and the Committee on Foreign carry out this paragraph. job training of such individual for such pe- Affairs and the Committee on Energy and (3) STUDY.— riod. Commerce of the House of Representatives. (A) IN GENERAL.—Not later than 1 year ‘‘(B) REDUCTION FOR WORK SUPPLEMEN- after the date of enactment of this Act, the TATION PAYMENTS TO EMPLOYERS.—The amount of wages which would (but for this SA 1503. Mr. CARDIN submitted an Secretary shall submit to Congress the re- sults of a study comparing— subparagraph) be qualified wages under this amendment intended to be proposed by section for an employer with respect to an him to the bill H.R. 6, to reduce our (i) the expected energy savings resulting from the implementation of this section; individual for a taxable year shall be reduced Nation’s dependency on foreign oil by with by an amount equal to the amount of the investing in clean, renewable, and al- (ii) energy savings under all other Federal payments made to such employer (however ternative energy resources, promoting energy savings requirements. utilized by such employer) with respect to new emerging energy technologies, de- (B) INCLUSION.—The Secretary shall in- such individual for such taxable year under a veloping greater efficiency, and cre- clude in the report any recommendations for program established under section 482(e) of the Social Security Act. ating a Strategic Energy Efficiency changes to Federal law necessary to reduce or eliminate duplicative or inconsistent Fed- ‘‘(e) SPECIAL RULES.—For purposes of this and Renewables Reserve to invest in al- section, rules similar to the rules of section eral energy savings requirements. ternative energy, and for other pur- 52 and subsections (f), (g), (i), (j), and (k) of poses; which was ordered to lie on the SA 1504. Mr. CARDIN submitted an section 51 shall apply.’’. table; as follows: (b) CREDIT TREATED AS BUSINESS CREDIT.— amendment intended to be proposed by Section 38(b) of the Internal Revenue Code of At the end of subtitle E of title II, add the him to the bill H.R. 6, to reduce our 1986 is amended by striking ‘‘plus’’ at the end following: Nation’s dependency on foreign oil by of paragraph (30), by striking the period at SEC. 269. GREEN BUILDING STANDARDS FOR investing in clean, renewable, and al- the end of paragraph (31) and inserting ‘‘, FEDERAL BUILDINGS. ternative energy resources, promoting plus’’, and by adding at the end the following (a) DEFINITION OF LEED SILVER STAND- new paragraph: ARD.—In this section, the term ‘‘LEED silver new emerging energy technologies, de- veloping greater efficiency, and cre- ‘‘(32) the telecommuting credit determined standard’’ means the Leadership in Energy under section 45O(a).’’. and Environmental Design green building ating a Strategic Energy Efficiency (c) CLERICAL AMENDMENT.—The table of rating standard identified as silver by the and Renewables Reserve to invest in al- sections for subpart D of part IV of sub- United States Green Building Council. ternative energy, and for other pur- chapter A of chapter 1 of the Internal Rev- (b) GREEN BUILDING STANDARDS FOR FED- poses; which was ordered to lie on the enue Code of 1986 is amended by adding at ERAL BUILDINGS.— table; as follows: the end the following new item: (1) REQUIREMENT.—Except as provided in At the appropriate place, insert the fol- ‘‘Sec. 45O. Telecommuting credit.’’. paragraph (2), a Federal building for which FFECTIVE DATE.—The amendments lowing: (d) E the design phase for construction or major made by this section shall apply to taxable renovation is begun after the date of enact- SEC. lll. TELECOMMUTING TAX CREDIT. years beginning after December 31, 2007. ment of this Act shall be designed, con- (a) IN GENERAL.—Subpart D of part IV of f structed, and certified to meet, at a min- subchapter A of chapter 1 of the Internal imum, the LEED silver standard. Revenue Code of 1986 (relating to business re- NOTICE OF HEARING (2) DETERMINATION OF IMPRACTICABILITY.— lated credits) is amended by adding at the COMMITTEE ON SMALL BUSINESS AND (A) IN GENERAL.—Subject to subparagraph end the following new section: ENTREPRENEURSHIP (C)(ii), the requirement under paragraph (1) ‘‘SEC. 45O. TELECOMMUTING CREDIT. Mr. KERRY. I would like to inform shall not apply to a Federal building if the ‘‘(a) DETERMINATION OF AMOUNT.—For pur- head of the Federal agency with jurisdiction poses of section 38, the amount of the tele- Members that the Committee on Small over the Federal building, in accordance commuting credit determined under this sec- Business and Entrepreneurship will with the factors described in subparagraph tion for the taxable year shall be equal to 40 hold a hearing entitled ‘‘The Impact of (B), determines that compliance with the re- percent of the qualified first-year wages for Rising Gas Prices on America’s Small quirement under paragraph (1) would be im- such year. Businesses,’’ on Thursday, June 14, practicable. ‘‘(b) QUALIFIED FIRST-YEAR WAGES.—For 2007, at 9:30 a.m. in room 428A of the (B) FACTORS FOR DETERMINATION.—In deter- purposes of this section— Russell Senate Office Building. mining whether compliance with the re- ‘‘(1) IN GENERAL.—The term ‘qualified first- quirement under paragraph (1) would be im- year wages’ means, with respect to any indi- f practicable, the head of the Federal agency vidual, qualified wages attributable to serv- PRIVILEGES OF THE FLOOR with jurisdiction over the Federal building ice rendered during the 1-year period begin- shall determine— ning with the day the individual begins work Mr. BINGAMAN. Mr. President, I ask (i) the quantity of energy required by each for the employer. unanimous consent that Allyson An- activity carried out in the Federal building; ‘‘(2) QUALIFIED WAGES.—The term ‘qualified derson, a AAAS fellow, and Paul Au- and wages’ means the wages paid or incurred by gustine, an EPA detailee, with my staff

VerDate Mar 15 2010 08:33 May 24, 2010 Jkt 059102 PO 00000 Frm 00080 Fmt 0686 Sfmt 0634 E:\BR07\S11JN7.002 S11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15278 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 11 June 11, 2007 on the Energy and Natural Resources Whereas nearly 40,000 students from The preamble was agreed to. Committee, be granted the privilege of ASEAN countries are studying in the United The resolution, with its preamble, the floor for the remainder of the de- States; reads as follows: bate on this Energy bill. Whereas ASEAN countries share common concerns with the United States, including S. RES. 171 The PRESIDING OFFICER. Without the spread of avian influenza and other dis- Whereas 1,100,000 men and women comprise objection, it is so ordered. eases, and environmental issues, such as the the fire service in the United States; Mr. BINGAMAN. Mr. President, I preservation of biodiversity and illegal log- Whereas the fire service is considered one also ask unanimous consent that Ben- ging; of the most dangerous professions in the jamin Robinson, Kristen Meierhoff, and Whereas ASEAN countries continue to United States; Matthew Zedler, who are interns with partner with the United States against glob- Whereas fire service personnel selflessly my staff on the Energy and Natural al terrorism; respond to over 22,500,000 emergency calls an- nually, without reservation and with an un- Resources Committee, also be granted Whereas the Senate passed legislation au- thorizing the establishment of the position wavering commitment to the safety of their the privilege of the floor for the re- of United States Ambassador for ASEAN Af- fellow citizens; mainder of the debate on the Energy fairs; and Whereas fire service personnel are the first bill. Whereas United States officials announced to respond to an emergency, whether it in- The PRESIDING OFFICER. Without in August of 2006 that an Ambassador for volves a fire, medical emergency, spill of objection, it is so ordered. ASEAN Affairs will be appointed: Now, hazardous materials, natural disaster, act of terrorism, or transportation accident; and f therefore, be it Resolved, That— Whereas approximately 100 fire service per- 30TH ANNIVERSARY OF ASEAN- (1) it is the sense of the Senate that— sonnel die annually in the line of duty: Now, UNITED STATES DIALOGUE AND (A) the United States and the ASEAN therefore, be it RELATIONSHIP countries should continue implementing the Resolved, That this year, the United States ASEAN-United States Enhanced Partner- flags on all Federal facilities should be low- Mr. KENNEDY. I ask unanimous con- ship, with emphasis on the agreed upon spe- ered to half-staff on the day of the National sent that the Senate proceed to the im- cific priority measures for cooperation in Fallen Firefighters Memorial Service in Em- mediate consideration of Calendar No. 2007; mitsburg, Maryland. 177, S. Res. 110. (B) the United States should proceed with f The PRESIDING OFFICER. The appointing a United States Ambassador for clerk will report the resolution by ASEAN Affairs; ORDERS FOR TUESDAY, JUNE 12, title. (C) the United States should work with the 2007 The legislative clerk read as follows: countries of ASEAN in developing a regional energy strategy; Mr. KENNEDY. Mr. President, I ask A resolution (S. Res. 110) expressing the (D) the United States should provide great- unanimous consent that when the Sen- sense of the Senate regarding the 30th Anni- er emphasis and support toward encouraging ate completes its business today, it versary of the ASEAN-United States dia- students from ASEAN countries to study in stand adjourned until 10 a.m., Tuesday, logue and relationship. the United States, and American students to June 12; that on Tuesday, following the There being no objection, the Senate study in ASEAN countries; and prayer and pledge, the Journal of pro- proceeded to consider the resolution. (E) the United States should continue to ceedings be approved to date, the Mr. KENNEDY. I ask unanimous con- support the work of multilateral financial morning hour be deemed expired, the institutions, including the Asian Develop- sent that the resolution be agreed to, time for the two leaders be reserved for the preamble be agreed to, the motion ment Bank and the World Bank in ASEAN countries, and to encourage additional trans- their use later in the day, and there to reconsider be laid upon the table, parency and anticorruption efforts by those then be a period of morning business and any statements relating to the res- institutions, for the benefit of the ASEAN for 60 minutes, with Senators per- olution be printed in the RECORD. countries where they operate; mitted to speak therein for up to 10 The PRESIDING OFFICER. Without (2) the Senate welcomes the initiation of a minutes each, with the time equally di- objection, it is so ordered. Fulbright Program for ASEAN scholars; and vided and controlled between the two The resolution (S. Res. 110) was (3) the Senate welcomes and encourages leaders or their designees, with the planning by the countries of ASEAN and the agreed to. first half under the control of the Re- The preamble was agreed to. United States for an ASEAN-United States Summit in 2007. publicans and the second half under the The resolution, with its preamble, control of the majority; that upon the f reads as follows: conclusion of morning business, the S. RES. 110 MEMORIALIZING FALLEN Senate resume consideration of the Whereas the Association of Southeast FIREFIGHTERS motion to proceed to H.R. 6; that on Asian Nations (referred to in this resolution Mr. KENNEDY. I ask unanimous con- Tuesday, the Senate stand in recess as ‘‘ASEAN’’), was established in 1967, with sent that the Senate proceed to the im- from 12:30 p.m. to 2:15 p.m. in order to Indonesia, Malaysia, the Philippines, Singa- mediate consideration of Calendar No. accommodate the respective party con- pore, and Thailand as the initial members; Whereas the membership of ASEAN has ex- 193, S. Res. 171. ferences; that all time during morning panded to 10 countries since its establish- The PRESIDING OFFICER. The business and the adjournment or recess ment in 1967, and now includes Brunei, clerk will report the resolution by count postcloture; that at 2:15 p.m. Burma, Cambodia, Indonesia, Laos, Malay- title. Tuesday, the motion to proceed be sia, the Philippines, Singapore, Thailand, The legislative clerk read as follows: agreed to and the motion to reconsider and Vietnam; A resolution (S. Res. 171) memorializing be laid upon the table and the Senate Whereas the United States-ASEAN dia- fallen firefighters by lowering the United then proceed to H.R. 6. logue and relationship began in 1977; States flag to half-staff on the day of the Na- The PRESIDING OFFICER. Without Whereas the countries of ASEAN con- tional Fallen Firefighters Memorial Service stitute the 3rd largest export market for the in Emmitsburg, Maryland. objection, it is so ordered. United States, have received approximately There being no objection, the Senate f $90,000,000,000 in direct investment from the proceeded to consider the resolution. ADJOURNMENT UNTIL 10 A.M. United States, and are developing an inte- Mr. KENNEDY. I ask unanimous con- TOMORROW grated free trade area; sent that the resolution be agreed to, Whereas trade between the United States the preamble be agreed to, the motions Mr. KENNEDY. Mr. President, if and the countries of ASEAN totals nearly there is no further business to come be- $170,000,000,000 annually; to reconsider be laid upon the table, and any statements relating thereto be fore the Senate today, I now ask unani- Whereas ASEAN is committed to acceler- mous consent that the Senate stand ated economic growth, social progress, cul- printed in the RECORD. tural development, and regional peace and The PRESIDING OFFICER. Without adjourned under the previous order. stability; objection, it is so ordered. There being no objection, the Senate, Whereas ASEAN is committed to devel- The resolution (S. Res. 171) was at 7:02 p.m., adjourned until Tuesday, oping a regional energy security strategy; agreed to. June 12, 2007, at 10 a.m.

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VerDate Sep 11 2014 10:04 Jul 06, 2017 Jkt 059102 PO 00000 Frm 00082 Fmt 0686 Sfmt 9801 E:\FDSYS\BOUNDRECORD\S11JN7.REC S11JN7 ejoyner on DSK30MW082PROD with BOUND RECORD 15280 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 June 11, 2007 HOUSE OF REPRESENTATIVES—Monday, June 11, 2007

The House met at 12:30 p.m. and was him with love, and they do so passion- and the utmost respect for the service called to order by the Speaker pro tem- ately. The many messages posted on and sacrifice of Army Sergeant James pore (Ms. HIRONO). his personal web page by those who Akin. He will be missed. f knew him convey the tremendous ad- f miration they had for him, and illus- DESIGNATION OF SPEAKER PRO trate the caring, influential and RECESS TEMPORE thoughtful man that he was. They de- The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore laid be- scribe a father figure, a brotherly ad- ant to clause 12(a) of rule I, the Chair fore the House the following commu- viser and a considerate, deeply loving declares the House in recess until 2 nication from the Speaker: and equally loved husband. p.m. today. WASHINGTON, DC. A current member of my staff, Sarah Accordingly (at 12 o’clock and 35 June 11, 2007. Cobb, who worked with James on a minutes p.m.), the House stood in re- I hereby appoint the Honorable MAZIE K. congressional campaign in Albu- cess until 2 p.m. HIRONO to act as Speaker pro tempore on querque, said of him: ‘‘He truly was this day. f what is said of him—gregarious, out- NANCY PELOSI, b 1400 Speaker of the House of Representatives. going and effervescent.’’ The love James had for his country f AFTER RECESS and his countrymen was infectious. He MORNING-HOUR DEBATE openly and honestly told anyone he The recess having expired, the House was called to order by the Speaker pro The SPEAKER pro tempore. Pursu- met of his future desire to run for tempore (Ms. BALDWIN) at 2 p.m. ant to the order of the House of Janu- President of the United States. He en- ary 4, 2007, the Chair will now recog- couraged those he knew, and those he f did not, to stay informed and to be in- nize Members from lists submitted by PRAYER the majority and minority leaders for volved in government and the electoral morning-hour debate. The Chair will process. From what I have learned of The Chaplain, the Reverend Daniel P. alternate recognition between the par- James, I believe that if his life had not Coughlin, offered the following prayer: ties, with each party limited to not to been cut short, he may indeed have ad- We lift our eyes to You, O God of exceed 30 minutes, and each Member, dressed the Nation from the floor of eternity. So far beyond our under- except the majority leader, the minor- this great Chamber. standing or our experience You are all ity leader, or the minority whip, lim- Today, there is a void in the lives of holy, all powerful. ited to not to exceed 5 minutes. all who knew him, and New Mexico is a To be fully present in Your sight this The Chair recognizes the gentleman lesser place for having lost him. Yet day stirs within us a desire to be truly from New Mexico (Mr. UDALL) for 5 James will live on in the hearts and humble, poor in spirit and truly silent, minutes. minds of those he touched, and New listening to Your Word speaking to our hearts. f Mexico is lucky to call him a native son. Bless this assembly of the 110th Con- IN MEMORIAM OF ARMY In 2004, James managed the New gress, Lord. Give us liberty from all SERGEANT JAMES AKIN Mexico State senate campaign of my the knotty problems of this world that Mr. UDALL of New Mexico. Madam friend Victor Raigoza. Though they did tighten our imagination and narrow Speaker, I rise today to honor Army not win that tough political battle, our perception. Sergeant James Akin, a true American James showed the true measure of his Rather, breathe upon us Your cleans- hero who lost his life while serving his character when he sent the following ing Spirit that Your servants may have country in Iraq. James was one of four words of wisdom and encouragement to a broad and penetrating vision on how soldiers killed near Baghdad on Sun- Mr. Raigoza: ‘‘Live life to serve, be- to unleash the free exercise of people day, June 3, 2007 when a roadside bomb cause you can. Dissent, because you and untie the mistakes of the past. detonated alongside the Humvee he can. Enjoy freedom, because you can. May the native born, new citizens, was driving. He was killed less than a Remember always that the measure of immigrants, guests and visitors, those month before his 24th birthday. our progress is not whether we can pro- in high places and the lowly, all give James was a successful businessman vide more for those who have plenty, You glory and praise now and forever. who sold his retail cell phone company but whether we can provide enough for Amen. at an age when most Americans are those who have little.’’ f just beginning their professional ca- My heartfelt condolences go out to THE JOURNAL reer. But he was always more inter- James’ family and James’ wife ested in serving the public than him- Syreeta, his father and namesake The SPEAKER pro tempore. The self. James felt that a public servant is James, and the large number of friends, Chair has examined the Journal of the effective through action and experience extended family members and fortu- last day’s proceedings and announces rather than rhetoric. To that end, he nate individuals whose lives he to the House her approval thereof. enlisted in the Army and was deployed touched. Pursuant to clause 1, rule I, the Jour- to Iraq in the fall of 2004. He was hon- I spoke to Syreeta last Friday and nal stands approved. ored to serve his country, and, envi- told her how much the Nation appre- f sioning a future political life, he want- ciates James’ service to his country. ed to understand issues of military To Syreeta and James’ family, thank PLEDGE OF ALLEGIANCE conflict from the perspective of a war you for your sacrifice. The SPEAKER pro tempore. Will the veteran. I believe I speak for all New Mexi- gentleman from Pennsylvania (Mr. I regret that I did not know James cans when I say our Nation will always ALTMIRE) come forward and lead the personally, for those who did describe maintain a priceless debt of gratitude House in the Pledge of Allegiance.

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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Mr. ALTMIRE led the Pledge of Alle- the resolution (H. Res. 354) to recognize LATOURETTE) each will control 20 min- giance as follows: the year 2007 as the official 50th anni- utes. I pledge allegiance to the Flag of the versary celebration of the beginnings The Chair recognizes the gentleman United States of America, and to the Repub- of marinas, power production, recre- from Pennsylvania. lic for which it stands, one nation under God, ation, and boating on Lake Sidney La- GENERAL LEAVE indivisible, with liberty and justice for all. nier, Georgia. Mr. ALTMIRE. Madam Speaker, I f The Clerk read the title of the resolu- ask unanimous consent that all Mem- APPOINTMENT OF MEMBER TO AT- tion. bers have 5 legislative days to revise TEND FUNERAL OF THE LATE The text of the resolution is as fol- and extend their remarks and include HONORABLE CRAIG THOMAS lows: extraneous material on the resolution H. RES. 354 under consideration. The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Is there ant to House Resolution 454, and the Whereas the Congress of the United States authorized the creation of Lake Sidney La- objection to the request of the gen- order of the House of January 4, 2007, nier and Buford Dam by official act in 1946 tleman from Pennsylvania? the Chair announces the Speaker’s ap- for flood control, power production, wildlife There was no objection. pointment of the following Member of preservation and downstream navigation; Mr. ALTMIRE. Madam Speaker, I the House to the committee to attend Whereas construction on the Buford Dam yield myself such time as I may con- the funeral of the late Honorable Craig project by the Army Corps of Engineers sume. Thomas: began in 1951; I rise in support of House Resolution Mrs. CUBIN, Wyoming Whereas the Army Corps of Engineers con- 354 offered by the gentleman from structed the dam and lake on the Chattahoo- f chee and Chestatee Rivers at a cost of ap- Georgia (Mr. DEAL) to recognize the PROTECTING CHILDREN IN THE proximately $45,000,000; year 2007 as the official 50th anniver- WORKFORCE Whereas, in 1956, Jack Beachem and the sary celebration of Lake Sidney La- Army Corps of Engineers signed a lease to nier. (Mr. WILSON of South Carolina create Holiday on Lake Sidney Lanier Ma- Congress first authorized the con- asked and was given permission to ad- rina as the lake’s first concessionaire; struction of Buford Dam in 1946 as one dress the House for 1 minute and to re- Whereas the first power was produced project in a comprehensive plan to de- vise and extend his remarks.) through Buford Dam at Lake Sidney Lanier velop our Nation’s water resources for Mr. WILSON of South Carolina. on June 16, 1957; the purposes of national defense, power Madam Speaker, tomorrow the House Whereas Holiday on Lake Sidney Lanier production, flood control, navigation, opened on July 4, 1957; will consider a bill to further protect and water supply. The first our children in the workforce. While Whereas Buford Dam was officially dedi- cated on October 9, 1957; groundbreaking for construction oc- children under the age of 18 are per- curred on March 1, 1950, and on June 17, mitted to work under American labor Whereas nearly 225,000 people visited Lake Sidney Lanier to boat, fish and recreate in 1957, the first hydropower was produced law, certain rules provide reasonable 1957; by the generators of the dam. limitations. Whereas, in present times, more than Today, Lake Lanier provides power Under this bipartisan measure, com- 8,000,000 visitors enjoy the attributes and as- production, flood control, water sup- panies will receive stiffer monetary sets of Lake Sidney Lanier annually to boat, ply, navigation, fish and wildlife man- penalties should a violation of these fish, swim, camp, and otherwise recreate in agement, and recreational activities to laws result in the injury or death of a the great outdoors; members of the surrounding commu- Whereas Lake Sidney Lanier generates child in the workplace. nities and businesses. This week in I appreciate the leadership of Chair- more than $5,000,000,000 in economic impact June is a suitable time to recognize man GEORGE MILLER and ranking Re- annually, according to a study commissioned by the Marine Trade Association of Metro- Lake Lanier’s contributions to the publican BUCK MCKEON on this issue. politan Atlanta; area and accomplishments. As summer As ranking Republican of the Work- Whereas, Lake Sidney Lanier has won the heat begins to spread across the Na- force Protection Subcommittee, I am prestigious Chief of Engineers Annual tion, both water supply and cooling pleased to have worked closely with Project of the Year Award, the highest rec- water recreational activities are on Chairwoman LYNN WOOLSEY on this ognition from the Army Corps of Engineers many minds. issue. for outstanding management, an unprece- More than 60 percent of the popu- I am grateful the House is coming to- dented 3 times in 12 years—1990, 1997 and lation of the State of Georgia relies on gether to consider this bill and ensure 2002; water stored in Lake Lanier or down the safety of our Nation’s children. I Whereas Lake Sidney Lanier hosted the the Chattahoochee River. Similarly, urge my colleagues to support this paddling and rowing events for the 1996 Sum- properties around the lake and down critical legislation. mer Olympics; In conclusion, God bless our troops, Whereas marinas serve as the gateway to the river rely on its banks and dam for recreation for the public on America’s water- and we will never forget September 11. flood control. ways; Nearly 8 million visitors come annu- f Whereas Lake Sidney Lanier is now home ally to appreciate the scenery and lei- ANNOUNCEMENT BY THE SPEAKER to 10 marinas —Aqualand Marina, Bald Ridge sure opportunities provided by the Marina, Gainesville Marina, Habersham Ma- PRO TEMPORE rina, Holiday on Lake Sidney Lanier, Lanier lake. In fact, Lake Lanier holds the The SPEAKER pro tempore. Pursu- Harbor Marina, Lazy Days Marina, Port title of the most-visited Army Corps ant to clause 8 of rule XX, the Chair Royale Marina, Starboard Cove Marina, and lake in the entire country. Facilities will postpone further proceedings Sunrise Cove Marina; include 10 marinas and 57 parks for today on motions to suspend the rules Whereas Lake Sidney Lanier will join the swimming, boating, fishing and pic- on which a recorded vote or the yeas Nation on Saturday, August 11 in celebration nicking. In 1996, Lake Lanier hosted and commemoration of National Marina the paddling and rowing competitions and nays are ordered, or on which the Day; and vote is objected to under clause 6 of for the Summer Olympics in Atlanta. Whereas 2007 marks the 50th anniversary of And several years ago, the Marine rule XX. Lake Sidney Lanier: Now, therefore, be it Record votes on postponed questions Resolved, That the House of Representative Trade Association of Metro Atlanta will be taken after 6:30 p.m. today. recognizes the 50th anniversary celebration found that Lake Lanier has an eco- f of the beginnings of marinas, power produc- nomic impact of $5.5 billion. tion, recreation, and boating on Lake Sidney I urge my colleagues to join with me RECOGNIZING 50TH ANNIVERSARY Lanier, Georgia. and the gentleman from Georgia (Mr. OF LAKE SIDNEY LANIER, GEOR- The SPEAKER pro tempore. Pursu- DEAL) in supporting House Resolution GIA ant to the rule, the gentleman from 354 to honor the impacts, accomplish- Mr. ALTMIRE. Madam Speaker, I Pennsylvania (Mr. ALTMIRE) and the ments and continuing success of Lake move to suspend the rules and agree to gentleman from Ohio (Mr. Lanier on its 50th anniversary.

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.000 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15282 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 June 11, 2007 Madam Speaker, I reserve the bal- Macon, Georgia, in 1842. After participating in marriage punishable by imprisonment or ance of my time. battle during the Civil War, and being captured hard labor; Mr. LATOURETTE. Madam Speaker, and imprisoned in Point Lookout, Maryland, Whereas in 1883, the Supreme Court held in I yield myself such time as I may con- Pace v. Alabama that anti-miscegenation Mr. Lanier contracted tuberculosis, which laws were consistent with the equal protec- sume. would affect him for the rest of his life. Madam Speaker, today we recognize tion clause of the 14th Amendment as long as Mr. Lanier’s life was one of practicality and the punishments given to both white and the 50th anniversary of Lake Sidney beauty: while he practiced law to support his black violators are the same; Lanier, an Army Corps of Engineers fa- wife and four children, he was also the first Whereas in 1912, a constitutional amend- cility located in the State of Georgia. flutist in the Peabody Orchestra in Baltimore, ment was proposed in the House of Rep- Lake Lanier is one of 464 lakes in 43 Maryland, and an accomplished poet. The resentatives prohibiting interracial marriage States constructed and operated by the Lake was named after Mr. Lanier because of ‘‘between negroes or persons of color and U.S. Army Corps of Engineers. the way he positively portrayed the Chattahoo- Caucasians’’; Whereas in 1923, the Supreme Court held in Our Nation is blessed with consider- chee River in his poetry. able water resources that support our Meyer v. Nebraska that the due process In fact, Lake Lanier itself is a symbol of both clause of the 14th Amendment guarantees Nation’s economy and quality of life. practicality and beauty. It provides crucial We need water for our homes, farms the right of an individual ‘‘to marry, estab- flood control, protecting approximately $2 bil- lish a home and bring up children’’; and factories. Water also supports lion worth of property in the surrounding area. Whereas in 1924, Virginia enacted the Ra- navigation, generates power and sus- Similarly, on June 16, 1957—50 years ago cial Integrity Act of 1924, which required tains our environment. this week—Buford Dam began producing that a racial description of every person be Congress authorized the Buford Dam power for the first time. Hydropower continues recorded at birth and prevented marriage be- Project in 1946 just after the end of the to flow from these waters to this day. tween ‘‘white persons’’ and non-white per- Second World War. Groundbreaking for Although the lake is one of 464 lakes con- sons; the project began in 1950. Constructed Whereas in 1948, the California Supreme structed and operated by the U.S. Army Corps Court overturned the State’s anti-miscege- by the U.S. Army Corps of Engineers, of Engineers, it has won the annual award for Lake Lanier is a multipurpose, 38,000- nation statutes, thereby becoming the first ‘‘best operated lake’’ for three separate years: State high court to declare a ban on inter- acre lake that provides flood protec- 1990, 1997, and 2002. racial marriage unconstitutional and mak- tion, power production, water supply, While the flood control, water supply, and ing California the first State to do so in the navigation, recreation, and fish and power production role of Lake Lanier may be 20th century; wildlife management. critical to the continuing livelihood of the com- Whereas the California Supreme Court Nestled in the foothills of the Geor- munities in the surrounding area, the lake also stated in Perez v. Sharp that ‘‘a member of gia Blue Ridge Mountains, Lake Sidney any of these races may find himself barred provides beautiful scenery and recreational Lanier is one of America’s favorite from marrying the person of his choice and opportunities that local citizens and visiting lakes. Over 7.5 million people a year that person to him may be irreplaceable. tourists enjoy. The U.S. Army Corps of Engi- choose to visit Lake Lanier. With over Human beings are bereft of worth and dig- neers estimates that more than 7.5 million nity by a doctrine that would make them as 692 miles of shoreline, the lake is well people visit the 692 miles of lake shoreline interchangeable as trains’’; known for its aqua-blue colored water, each year. Whereas by 1948, 38 States still forbade spectacular scenery and variety of rec- I urge my colleagues to join with me in rec- interracial marriage, and 6 did so by State reational activities. ognizing the 50th anniversary of Lake Lanier. constitutional provision; When completed, the total cost of Mr. LATOURETTE. Madam Speaker, Whereas in June of 1958, 2 residents of the construction, including land acquisi- I yield back the balance of my time. Commonwealth of Virginia—Mildred Jeter, a tion, was almost $45 million. When the black/Native American woman, and Richard Mr. ALTMIRE. Madam Speaker, I Perry Loving, a Caucasian man—were mar- gates of the dam were closed in 1956, it urge passage of the resolution, and I took more than 3 years for the lake to ried in Washington, DC; yield back the balance of my time. Whereas upon their return to Virginia, reach its normal elevation of 1,070 feet The SPEAKER pro tempore. The Richard Perry Loving and Mildred Jeter above sea level. question is on the motion offered by Loving were charged with violating Vir- The lake is named for one of the Na- the gentleman from Pennsylvania (Mr. ginia’s anti-miscegenation statutes, a felo- tion’s most famous poets, Sidney La- ALTMIRE) that the House suspend the nious crime; nier. Born in Georgia in 1842, Mr. La- rules and agree to the resolution, H. Whereas the Lovings subsequently pleaded nier entered Oglethorpe College at 14 Res. 354. guilty and were sentenced to 1 year in pris- years of age, graduating at the top of The question was taken; and (two- on, with the sentence suspended for 25 years his class in 1860. on condition that the couple leave the State thirds being in the affirmative) the of Virginia; While serving on the blockade runner rules were suspended and the resolu- ‘‘Lucy’’ during the Civil War, Mr. La- Whereas Leon Bazile, the trial judge of the tion was agreed to. case, proclaimed that ‘‘Almighty God cre- nier was captured and contracted tu- A motion to reconsider was laid on ated the races white, black, yellow, Malay berculosis while imprisoned in Mary- the table. and red, and he placed them on separate con- land. Following the Civil War, Mr. La- f tinents. And but for the interference with his nier played the flute for the Peabody arrangement there would be no cause for Symphony and lectured at Johns Hop- RECOGNIZING 40TH ANNIVERSARY such marriages. The fact that he separated kins University. OF LOVING v. VIRGINIA LEGAL- the races shows that he did not intend for While he is known for works like IZING INTERRACIAL MARRIAGE the races to mix.’’; ‘‘The Harlequin of Dreams,’’ ‘‘In Ab- Whereas the Lovings moved to the District Ms. BALDWIN. Mr. Speaker, I move of Columbia, and in 1963 they began a series sence,’’ ‘‘Acknowledgement,’’ and to suspend the rules and agree to the of lawsuits challenging their convictions; ‘‘Sunrise,’’ he is best remembered for resolution (H. Res. 431) recognizing the Whereas the convictions were upheld by ‘‘The Song of the Chattahoochee,’’ an 40th anniversary of Loving v. Virginia the State courts, including the Supreme enduring legacy for the native Geor- legalizing interracial marriage within Court of Appeals of Virginia; gian. the United States. Whereas the Lovings appealed the decision I urge all of our Members to support The Clerk read the title of the resolu- to the Supreme Court of the United States this legislation. tion. on the ground that the Virginia anti-mis- Mr. OBERSTAR. Madam Speaker, I rise in The text of the resolution is as fol- cegenation laws violated the Equal Protec- tion and Due Process Clauses of the 14th support of H. Res. 354, recognizing the year lows: 2007 as the official 50th anniversary celebra- Amendment and were therefore unconstitu- H. RES. 431 tional; tion of the beginnings of marinas, power pro- Whereas the first anti-miscegenation law Whereas in 1967, the U.S. Supreme Court duction, recreation, and boating on Lake Sid- in the United States was enacted in Mary- granted certiorari to Loving v. Virginia and ney Lanier, Georgia. land in 1661; readily overturned the Lovings’ convictions; Lake Lanier is named after Sidney Clopton Whereas miscegenation was typically a fel- Whereas in the unanimous opinion, Chief Lanier, a poet and musician who was born in ony under State laws prohibiting interracial Justice Earl Warren wrote: ‘‘Marriage is one

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.000 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 15283 of the ‘basic civil rights of man,’ funda- Court decision legalizing interracial being employed by a few to deny full mental to our very existence and sur- marriages within the United States. marriage equality to everyone. vival.... To deny this fundamental free- I thank Chairman CONYERS for expe- In commemorating the legacy of dom on so unsupportable a basis as the racial dition consideration of this resolution Loving v. Virginia in ending the ban on classifications embodied in these statutes, classifications so directly subversive of the so it could be brought to the floor be- interracial marriage in the United principle of equality at the heart of the fore the actual date of the anniversary States, H. Res. 431 reaffirms the Loving Fourteenth Amendment, is surely to deprive which is tomorrow, June 12. court’s recognition that marriage is all the State’s citizens of liberty without due In June of 1958, two residents of the one of the ‘‘basic civil rights of man’’ process of law.’’; Commonwealth of Virginia, Mildred at the heart of the 14th amendment Whereas the opinion also stated that ‘‘the Jeter, a black Native American protections. Fourteenth Amendment requires that the woman, and Richard Perry Loving, a I strongly urge my colleagues to sup- freedom of choice to marry not be restricted Caucasian man, were married in Wash- port this timely resolution. by invidious racial discriminations. Under Mr. Speaker, I reserve the balance of our Constitution, the freedom to marry, or ington, D.C. Upon their return to Vir- not marry, a person of another race resides ginia, Richard Perry Loving and Mil- my time. with the individual and cannot be infringed dred Jeter Loving were charged with Mr. KING of Iowa. Mr. Speaker, I by the State.’’; violating Virginia’s anti-miscegenation yield myself such time as I may con- Whereas in 1967, 16 States still had law pro- statutes, which made their marriage a sume. hibiting interracial marriage, including Ala- felony. I want to thank the gentlewoman bama, Arkansas, Delaware, Florida, Georgia, from Wisconsin for presenting this res- b 1415 Kentucky, Louisiana, Mississippi, Missouri, olution to this Congress, and I notice North Carolina, Oklahoma, South Carolina, They challenged their convictions, that many of the statements that she Tennessee, Texas, and West Virginia; culminating in the June 12, 1967, U.S. has made have laid out I think the his- Whereas Loving v. Virginia struck down Supreme Court opinion in Loving v. the remaining anti-miscegenation laws na- tory of this Loving case very well to tionwide; Virginia, striking down the remaining the Congress, and so what I will seek to Whereas in 2000, Alabama became the last anti-miscegenation laws that were still do is perhaps just add and fill in per- State to remove its anti-miscegenation laws in effect in 16 States. haps some of the blanks that may have from its statutes; In the unanimous opinion, the Su- been left, although I’m not convinced Whereas according to the U.S. Census Bu- preme Court rejected bigotry against that there are many. reau, from 1970 to 2000 the percentage of interracial relations, recognizing an in- And that is the emphasis on equal interracial marriages has increased from 1 dividual’s right to marry under the protection and due process clause of percent of all marriages to more than 5 per- 14th amendment. Chief Justice Earl cent; the 14th amendment. I think it was Whereas the number of children living in Warren wrote: ‘‘Marriage is one of the clear when a unanimous decision in the interracial families has quadrupled between ‘basic civil rights of man,’ fundamental Supreme Court in the Loving case, and 1970 to 2000, going from 900,000 to more than to our very existence and survival . . . it isn’t often that you see an issue that 3 million; and To deny this fundamental freedom on has been traditionally rooted from the Whereas June 12th has been proclaimed so unsupportable a basis as the racial time of our Founders up until 1967, ‘‘Loving Day’’ by cities and towns across the classifications embodied in these stat- have a unanimous decision of the Su- country in commemoration of Loving v. Vir- utes, classifications so directly subver- preme Court, even though it met that ginia: Now, therefore, be it Resolved, That the House of Representa- sive of the principle of equality at the resistance at every step of the way tives— heart of the 14th amendment, is surely throughout the entire appeals process (1) observes the 40th Anniversary of the to deprive all the States’ citizens of until it got to the Supreme Court. U.S. Supreme Court decision in Loving v. liberty without due process of law.’’ Today, it looks like a clear decision. Virginia; and The opinion also stated that ‘‘the It looks easy; it’s simple. None of us (2) commemorates the legacy of Loving v. 14th amendment requires that the free- would have any trouble with this Lov- Virginia in ending the ban on interracial dom of choice to marry not be re- ing decision; but, in fact, then it was a marriage in the United States and in recog- stricted by invidious racial discrimina- nizing that marriage is one of the ‘‘basic matter of an idea whose time had fi- civil rights of man’’ at the heart of the 14th tions. Under our Constitution, the free- nally come. Amendment protections. dom to marry, or not marry, a person But the Supreme Court laid out very The SPEAKER pro tempore (Mr. of another race resides with the indi- clear language in their decision that vidual and cannot be infringed by the ALTMIRE). Pursuant to the rule, the legislative classifications based on race gentlewoman from Wisconsin (Ms. State.’’ were ‘‘odious to a free people whose in- The Loving decision marked a crit- BALDWIN) and the gentleman from Iowa stitutions are founded upon the doc- ical step forward in our Nation’s strug- (Mr. KING) each will control 20 min- trine of equality,’’ and further con- utes. gle toward equal rights for all, particu- demned Virginia’s interracial marriage The Chair recognizes the gentle- larly full marriage equality. According statute. And then the Court concluded: woman from Wisconsin. to the U.S. Census Bureau, from 1970 to ‘‘There can be no doubt that restrict- GENERAL LEAVE the year 2000 the percentage of inter- ing the freedom to marry solely be- Ms. BALDWIN. Mr. Speaker, I ask racial marriages has increased from 1 cause of racial classifications violates unanimous consent that all Members percent of all marriages to more than 5 the central meaning of the equal pro- may have 5 legislative days to revise percent. The number of children living tection clause.’’ and extend their remarks and to in- in interracial families has quadrupled I just appreciate the privilege to em- clude extraneous material on the reso- between 1970 and 2000, going from phasize those things, and then I’d like lution under consideration. 900,000 to more than 3 million. Because to add then some other thoughts to The SPEAKER pro tempore. Is there of the decision’s profound impact in this record, Mr. Speaker, and that is objection to the request of the gentle- our society, numerous cities and towns that we rightfully celebrate the anni- woman from Wisconsin? across this country have already pro- versary of the landmark decision here There was no objection. claimed June 12 Loving Day in com- today. The institution of marriage be- Ms. BALDWIN. Mr. Speaker, I yield memoration of this decision. tween one man and one woman is older myself such time as I may consume. Indeed, the Supreme Court’s opinion than the Nation itself. It predates gov- Mr. Speaker, I rise today in strong forcefully rejected the argument em- ernment itself, and it also limits the support of H. Res. 431, a resolution I in- ployed by Leon Bazile, the trial judge power of government because tradi- troduced along with the gentleman of the case, who defended his decision tional families are the fundamental from Georgia (Mr. LEWIS), commemo- convicting the Lovings as part of God’s units of our society. rating the 40th anniversary of Loving plan. Unfortunately, after 40 years, Through them, we pour through that v. Virginia, the landmark Supreme similar types of arguments are still crucible our values from a father and a

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.000 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15284 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 June 11, 2007 mother into the children and the val- the gentlewoman from Wisconsin (Ms. and fathers, who raise the next genera- ues of our patriotism, our faith, our BALDWIN) that the House suspend the tion, inculcate them with the values work ethic, our culture. The things we rules and agree to the resolution, H. they need to be good citizens and good eat and the things we do, every compo- Res. 431. neighbors. nent of our culture and civilization is The question was taken; and (two- I want to thank our colleague, the concentrated through those values of thirds being in the affirmative) the gentleman from Georgia (Mr. SCOTT) those children that we have and that rules were suspended and the resolu- for his efforts to enact this worthwhile we’re so well-blessed with; and without tion was agreed to. legislation. marriage, government would be bound A motion to reconsider was laid on And I urge my colleagues to join me to expand to take its place and would the table. in supporting this legislation to honor try lamely to do so. f fathers in the flag code, just as we now But marriage embraces only one honor mothers. principle, and that is the marriage of a ENCOURAGING DISPLAY OF THE Mr. Speaker, I reserve the balance of union between a man and a woman, FLAG ON FATHER’S DAY my time. and the further distinction of that and Ms. BALDWIN. Mr. Speaker, I move Mr. KING of Iowa. Mr. Speaker, I to have government draw a distinction to suspend the rules and pass the bill yield myself such time as I may con- between people based upon their eth- (H.R. 2356) to amend title 4, United sume. nicity should be abhorrent to a free States Code, to encourage the display I rise in support of this legislation people. of the flag of the United States on Fa- which would add Father’s Day, the And I stand here, Mr. Speaker, before ther’s Day. third Sunday in June, to the list of you this afternoon, and I take this po- The Clerk read the title of the bill. holidays listed in the U.S. flag code on sition that I believe we are all created The text of the bill is as follows: which it’s particularly appropriate to in God’s image, and what He has cre- H.R. 2356 fly the American flag. ated, I believe it’s an insult to Him if It’s altogether appropriate that Fa- Be it enacted by the Senate and House of Rep- we draw distinctions between His cre- ther’s Day be added to the list of holi- ation. He has also seen to bless us with resentatives of the United States of America in Congress assembled, days on which the flag should be flown. some specific characteristics that help SECTION 1. ADDITIONAL OCCASSION FOR DIS- Both fathers and mothers are essential us identify one another. And because PLAY OF THE FLAG OF THE UNITED elements to the basic family unit that He has seen to bless us with those char- STATES. has made America so strong. And so acteristics, and in this case it was skin Section 6(d) of title 4, United States Code, the flag should be flown proudly on color, it doesn’t mean it still isn’t a re- is amended by inserting after ‘‘Flag Day, both Father’s Day, as provided by this flection of God’s image. June 14;’’ the following: ‘‘Father’s Day, third bill, and on Mother’s Day, as already Sunday in June;’’. And I recall stepping into a church in provided in existing law, as a sign of Port Gibson, Mississippi, the Catholic The SPEAKER pro tempore. Pursu- respect for both mothers and fathers church there that was built in 1848 by ant to the rule, the gentlewoman from and the essential role the traditional the hands of some of the family of Jim Wisconsin (Ms. BALDWIN) and the gen- family plays in raising new citizens in Bowie, and the priest in that church tleman from Iowa (Mr. KING) each will our democracy. was Father Tony Pudenz, and he control 20 minutes. I would add, I want to also thank showed me in the church that this The Chair recognizes the gentle- Congressman TODD TIAHRT for bringing church that was built in 1848, the floor woman from Wisconsin. this initiative to Congress. It’s inter- of the church was built for whites, the GENERAL LEAVE esting to note that there was a class in balcony was built for blacks. And just Ms. BALDWIN. Mr. Speaker, I ask his district that when they were study- a week before that, they had buried the unanimous consent that all Members ing the history and studying the days editor of the newspaper who had in 1967 have 5 legislative days to revise and ex- that the Federal Government encour- taken his white family from the floor tend their remarks on H.R. 2356 and in- ages display of the flag, they noticed of the church and walked his five chil- clude extraneous materials in the that Father’s Day was missing. They dren and his wife up there where they RECORD. had written a letter to Congressman sat in the balcony with the African The SPEAKER pro tempore. Is there TIAHRT asking that he take action on Americans, thereby sending a state- objection to the request of the gentle- this, and he has introduced a bill and it ment where half of the congregation woman from Wisconsin? walked across the street to the Epis- complements this bill before us. There was no objection. So I thank him for that and I wanted copal church where they go to church Ms. BALDWIN. Mr. Speaker, I yield to emphasize how important it is for to this very day. But the balance of myself such time as I may consume. that congregation is an integrated con- citizens to weigh in and to reach out As part of our Nation’s bicentennial gregation. and communicate with Members of And so I would say we can’t be for celebration in 1976, Congress passed a Congress because here’s a perfect ex- equality if we’re not in support of joint resolution re-emphasizing exist- ample of how young people saw a gap, intermarriage. God has created us all ing rules and customs pertaining to the had their voice heard, and we have an equally, and based upon that, I support display and use of the flag, especially opportunity here now to fill that gap. this resolution. I think it’s appropriate recommending its display on a number The first Father’s Day celebration that we bring it today. of different holidays, including Moth- occurred in Fairmont, West Virginia, Mr. Speaker, I yield back the balance er’s Day, the second Sunday in May. in 1908, and the first Mother’s Day cele- of my time. Omitted from the list was Father’s bration occurred just 15 miles away in Ms. BALDWIN. Mr. Speaker, the Lov- Day. H.R. 2356 would amend the Fed- Grafton, West Virginia. So that neigh- ing v. Virginia decision was a mile- eral flag code to include Father’s Day, borhood is the home now of Father’s stone in our continuing efforts to ful- the third Sunday in June, among im- Day and Mother’s Day. But it’s a his- fill the original promises of our Con- portant holidays on which to fly the torical anomaly that Mother’s Day and stitution, fulfilling the blessings of lib- American flag. Father’s Day were instituted so close erty for all Americans. It is highly fit- The law now provides that, in addi- in time, but it has taken until today ting that we remember and honor the tion to the important occasions listed for the House to pass a bill to add Fa- decision on its 40th anniversary. I urge in the flag code, ‘‘the flag should be ther’s Day to the day on which it’s es- my colleagues to support this bill. displayed on all days.’’ I know that pecially appropriate to fly the flag. Mr. Speaker, I yield back the balance this is the custom in every community President Calvin Coolidge rec- of my time. in the United States. ommended Father’s Day as a national The SPEAKER pro tempore. The Still, I think that it is important for holiday in 1924; and in 1966, President question is on the motion offered by the flag code to recognize both mothers Johnson made Father’s Day a holiday

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.000 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 15285 to be celebrated on the third Sunday of nificant Federal, religious, and cul- as soccer, baseball and basketball, they June. The holiday was officially recog- tural holidays. For many years, this are not only encouraging physical ac- nized in 1972, during the Presidency of list of occasions has included Veterans tivity in their children, but also char- Richard Nixon. I look forward to Presi- Day, President’s day, Columbus Day acter development and sportsmanship. dent Bush signing this legislation into and Mother’s Day. Fathers also benefit for participating law and encouraging all Americans to In the past several years, the list was in their children’s teams, as physical fly the flag of their own fatherhood amended to include the Reverend Mar- activity contributes to increased celebrations, which will happen at my tin Luther King, Jr.’s observation of wellness and disease prevention in house. his birthday as a national holiday, in men. Fathers who are active in child And as a father, I’m particularly honor of his outstanding contributions rearing may also find themselves more pleased to be here on the eve of the that he made in his lifetime to the ad- nurturing toward their colleagues in next Father’s Day, helping support this vancement of the civil rights of all the workplace, improving other aspects piece of legislation. Americans. of their lives, by taking younger co- Mr. Speaker, I reserve the balance of But our flag code currently does not workers under their wing or volun- my time. reflect the important roles of both men teering more time to charitable organi- Ms. BALDWIN. Mr. Speaker, I now and women in the raising of children, zations as well. yield such time as he may consume to and never before have we needed to em- Schools across this country are de- the gentleman from Georgia (Mr. phasize that. It is time that this body veloping innovative programs to reach SCOTT), the sponsor of this legislation. officially recognizes the importance of out to parents and to especially get fa- American fathers by passing this im- thers involved in various and positive b 1430 portant legislation today. activities. In Kansas City, Missouri, Mr. SCOTT of Georgia. Mr. Speaker, I am pleased that the House is con- the Reconnecting Education and DADS thank you to Ms. BALDWIN, the distin- sidering H.R. 2356, for fathers play an organization developed a specific read- guished lady from Wisconsin for her extraordinary role in the development ing program for fathers to use with generosity, and thanks to Mr. KING and of children. Psychologists have empha- their children. those on the other side of the aisle who sized that the presence of a father sig- The Kindering Center of Belleview, are joining in this effort. nificantly influences a child’s develop- Washington, created a weekly support Mr. Speaker, without question, this ment in many ways. Infants not only group for fathers of children with spe- cial needs. All over the country, is an extraordinary day, it is an ex- distinguish between their father and schools are facilitating courses in re- traordinary bill, is an extraordinary strangers’ voices within the first 4 sponsible fatherhood, including edu- occasion. This is America, the greatest weeks of life, but infants also recognize cation on child development, managing country in the world, and our flag rep- that a father is likely to engage in play stress and good nutrition for their chil- resents greatness. To have now, finally, time with them. dren and themselves. fruition, the manifestation of those That first impression, to hear that precious words that were captured in I want to take just a minute here to strong comforting voice of a father, to acknowledge the important work of a the book of Exodus in the holy scrip- balance that with the mother, is so tures, where God said, the greatest and similar organization in my own con- critical in the development of our chil- gressional district in Georgia. These the first commandment in relationship dren. In later years, the relationship of man to man were these words, men, these fathers are making a dif- between a father and his children ference in the lives of our children by ‘‘Honor thy father,’’ and then He said, strongly influences success in the volunteering their time to improve the ‘‘and thy mother that thy days will be classroom, improves relationships with learning environment, not only for the long in the land.’’ peers, and decreases the likelihood of children, but the many others who are Finally, today, on this day, June 11, negative behavior. within the school as well. They call it in the year 2007, nearly 4,000 years Is there any wonder that today in so the DADS organization, DADS, whose since those words were written down many reaches and depths in our neigh- acronym stands for Diverse and Dedi- and inscribed, we are finally recog- borhoods that there is negative behav- cated Support, and it is a collective ef- nizing fathers as well as mothers by ior, and that is so much associated be- fort by fathers in my congressional dis- making sure the flag flies not just on cause there is not a father being a fa- trict to serve as role models, not the Mother’s Day but on Father’s Day as ther in the home and in the life of that athlete, not the rap guy, not the sing- well. child. er, not the superstars. The great role In the Hebrew language, the word for The presence of a father is also a models for our young people need to be ‘‘father’’ is ‘‘abba,’’ and in the Greek very important determinant in the their fathers. By doing this today, this language it is ‘‘pater,’’ and together child’s socioeconomic potential later in Congress is making this bold and those words mean the begatter, the life. Unfortunately, over the last four much-needed statement. progenitor, the source. But it also decades, research shows that there has This program places fathers of stu- means provider and protector. It is no been an unprecedented rise in this Na- dents in Clayton County, Georgia, mid- wonder why God in His wisdom said: tion in the number of fatherless homes, dle schools to serve as hallway and ‘‘Honor thy father’’ and He put father especially when they are first born, no classroom monitors to help with the first, and our mother, and now we are father. discipline problems in our schools. Who rectifying that situation. The National Fatherhood Initiative better to do that, helping faculty to I am very delighted to be here. This emphasizes that children from families maintain order as students transition is an important bill, at an important with fathers are five times less likely between classes throughout the day. time, because never before have we to be poor. What is the answer to pov- This is where the violence sometimes needed to stress the role of father, to erty? Getting the fathers who produce starts. But with a parent there, par- be a good father. these children to be fathers, to take ticularly a father, a strong male pres- It is a gaping hole in the fabric of care of these children and be respon- ence, these men also serve as tutors America that fathers are not being fa- sible for these children. when students need the help the most, thers. Throughout so many aspects of It is important for Congress to em- including Clayton County students to our society, the American flag is one of phasize the significance of fathers and pursue their education and their the greatest symbols of our country. It their socioeconomic value of the two- dreams. is the representation of our freedoms, parent family as well, for studies also One self-employed volunteer at our values, our heritage as a Nation. show that children are more likely to Lovejoy Middle School works while As Americans, our flag code instructs engage in recreational activities when students are in class, and takes breaks us to fly the flag every day, but espe- their fathers are present. When fathers throughout the day to monitor hall- cially on a number of very special sig- are involved in organized sports such ways and classrooms. That’s a father.

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.000 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15286 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 June 11, 2007 Another volunteer, a wounded vet- My grandfather on my mother’s side tant lesson there as well, but time eran from the war in Iraq, not only sac- was sent at a young age, about 13 years after time, day after day, the impor- rificing his life in Iraq, where he was old, to go from Indiana to Iowa, to go tant values of hard work and ethics wounded, but he comes back home in work on a farm that had only daugh- and integrity and telling the truth and Clayton County, Georgia, and walks ters and no sons. What little bit of pay knowing that when I looked him in the the halls of Adamson Middle School that he got, even at that young age, he eye he knew what was in my mind and with a cane. What a sight. These are had to send back to Indiana. Then he knew what was in my soul. heroes. No greater role model could we when he needed a pair of shoes, he had Even when I watch my hands work find than this wounded veteran who to write a letter and ask, can I have today, they are the hands of my father was wounded in Iraq, but comes back some money, I need a pair of shoes. doing that work. When I come here to to help shape the lives of our young Well, he was a smart young man, and work here in this Congress, I know that people in school. he married the farmer’s daughter, and I just don’t represent the 600,000 people He came so that he may assist the another generation began. That farm- in my district, which is a profound faculty in ensuring good discipline er’s daughter and that fellow, of thing and a tremendous honor to be among the students. I am so honored, I course, that young man, were the par- able to do that, but all of us are the am so full, I am overflowing up here ents to my mother. legacy of our fathers and mothers, the today to know these fathers are mak- But on my father’s side, my father work ethic that they taught us, the ing the ultimate difference in our com- taught me some things that I think values that they taught us. We are munities and in my district. These men have been invaluable in my life. He was what has come through that crucible. are not just fathers to individual stu- the one that always challenged me. We are the representatives of the gen- dents. They are dads to the children Every evening we sat down, all our life erations. was about like the book ‘‘Fun with who lack the involvement of a father in b 1445 their lives. The expansion of this pro- Dick and Jane.’’ Every evening we sat gram to elementary and high school down at the supper table, and Dad car- And to be those representatives, we underscores the success to reach out ried the conversation. It was either can thank two people in our lives more and encourage the involvement of fa- about his day at work, or it was about than any others, and that’s our fathers thers both inside the school and out. current events, and then sometimes and our mothers. And I think that In closing, I want to also note that and oftentimes it was the same thing, came through Mr. SCOTT’s discussion many children from single-parent fami- given his job. He was the one that here very well, and I appreciate that lies are doing well. They are suc- taught me to be intellectually honest. that’s in the record and we had the op- ceeding. But just think what it would First, you listened before you spoke, portunity to hear that. I wanted to add be if they had both parents there, if and you looked for an opportunity, and some of those words from my side of they had been raised to be upstanding the amount of seniority you had in the this as well. and successful members of our commu- family and credibility gave you a little Mr. Speaker, I yield back the balance nity. By passing this legislation today, bit more opportunity to speak. But if of my time. we will show our support for the impor- you spoke, and you could not support Ms. BALDWIN. Mr. Speaker, I would tant roles that fathers, as well as the statement that you made, he would also like to join the gentleman from mothers, play in preparing future gen- be there to challenge you on what do Iowa in giving special recognition to erations in this country. you support that statement with. Why our colleague, Mr. TIAHRT of Kansas, Honor thy father and thy mother so can you make a statement like that who has also worked on this issue and that thy days will be long in the land. when these are the countervailing is sponsoring similar legislation. This We are doing that in Congress today, facts? really is a remarkable bipartisan ef- with extraordinary important, mean- So, from a young age, one of the fort. ingful, and significant legislation. most important things my father Mr. Speaker, this is simple, yet sen- Mr. KING of Iowa. Mr. Speaker, I taught me was to be intellectually hon- sible legislation to accord equal honor yield myself such time as I might con- est and expect to be challenged if you to fathers as to mothers in the statu- sume. are not intellectually honest. tory guidance on flying our Nation’s Mr. Speaker, listening to Mr. SCOTT On one of those occasions we began a flag on special days of the year. I urge talk about the importance of fathers discussion of whether you can convert my colleagues to support it. and mothers in the family and the watts to horsepower. We had a debate Ms. JACKSON-LEE of Texas. Mr. Speaker, home and the children, I can’t any going on, an argument going on, that I rise in support of H.R. 2356, which amends longer resist reflecting through the lasted for 3 days. Every night at sup- title 4 of the United States Code to encourage generation and what this means to me per, I would start that debate up again. the display of the flag of the United States on as we discuss this bill that will encour- Then I went to the school library and Father’s Day. Unfortunately, our flag code age the special attention to flying the went through a book and finally found does not include Father’s Day in the list of im- flag on Father’s Day. the equation that showed how to do the portant occasions. H.R. 2356 rectifies this All of us, each of us has a father. We math between watts and horsepower. I oversight by including Father’s Day, among don’t always get to know that father, snuck that book down to the supper the important holidays on which Americans but I certainly got to know mine. table, marked it, set it on my knees are encouraged to fly the American flag. There is hardly a day that goes by that throughout supper. Then when we fin- Father’s Day in USA is celebrated with great I don’t think of him. ished eating and the conversation enthusiasm and lot of fanfare on third Sunday I know that there is never a day that began, we went into that discussion of June. In observing this day, people reflect goes by that his influence on me again. on the invaluable role played by fathers in doesn’t show up in me in something When I got him just to the right building the character of children and in the that I do. I look at the grandfathers point in the conversation that I could development of the Nation. On Father’s Day that I have known. I had the privilege win the debate, I pulled out the book, we honor our fathers and express gratitude for of knowing one of my grandfathers. I opened it up to the formula and said their love and affection. watched the message that came from here, so many watts equals horsepower. It is a wonderful idea to raise the American them, the work ethic and the history, I thought I had the argument won. But flag on Father’s Day, and allow it to symbolize and to sit on his knee and to listen to I had not been apparently intellectu- the hard work and dedication of our fathers. him tell me about his father and his ally honest enough, because he said, The benefits of a father’s influence are well grandfather and the relation of the that’s not what I am talking about. documented. School achievements in children families and about how far it goes back Horsepower is mechanical power, watts may be negatively effected in the absence of and rooted into the settlers that came is electrical power, and you can’t a good father-child relationship. Father influ- across the country, the pioneers. equate the two. I learned a real impor- ence can affect the choice of occupations,

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Is there pleased to help honor America’s fathers by Whereas, for over 100 years, the Olympic objection to the request of the gen- voting for H.R. 2356. This bill amends title 4 movement has built a more peaceful and bet- tleman from American Samoa? of the U.S. Code that governs how and when ter world by educating young people through There was no objection. it is appropriate to fly the flag of the United athletics, by bringing together athletes from Mr. FALEOMAVAEGA. Mr. Speaker, many countries in friendly competition, and I rise in strong support of this resolu- States. I recently introduced similar legislation by forging new relationships bound by in this Congress, and I am pleased to work friendship, solidarity, sportsmanship, and tion, and yield myself such time as I with other Members of Congress on both fair play; may consume. sides of the aisle to move this idea forward. Whereas the United States Olympic Com- I would first like to commend our Prior to 1923, flag etiquette was not estab- mittee is dedicated to coordinating and de- distinguished colleague, the gentleman lished in U.S. law. Handling of the flag was veloping athletic activity in the United from Colorado (Mr. LAMBORN), for in- done in accordance with traditions that traced States to foster productive working relation- troducing this important resolution. back to service procedures in the Army and ships among sports-related organizations; The Olympics are, first and foremost, Navy. These procedures were codified during Whereas the United States Olympic Com- about sports, athletes from around the mittee promotes and supports athletic ac- world uniting in their love of their the National Flag Conference in 1923. Con- tivities involving the United States and for- gress solidified these procedures in a joint res- eign nations; games and their commitment to free olution in 1942. Whereas the United States Olympic Com- and fair competition. Contained within this code is a list of holi- mittee promotes and encourages physical fit- But the Olympics are also an impor- days on which it is especially appropriate to fly ness and public participation in athletic ac- tant global forum where athletes, the flag. Independence Day, Memorial Day tivities; trainers and leaders and spectators and Veterans’ Day are among the holidays Whereas the United States Olympic Com- from around the world come together listed. Mother’s Day is rightfully on the list of mittee assists organizations and persons con- to participate in and observe the great- cerned with sports in the development of est competition on Earth. The games recognized holidays. Unfortunately, Father’s athletic programs for able-bodied and dis- Day is not. abled athletes regardless of age, race, or gen- epitomize the spirit of global harmony This idea was actually suggested to me by der; and cooperation among nations. Mr. Joe Beffer’s 8th grade civics class at Roo- Whereas the United States Olympic Com- For over 100 years, the modern Olym- sevelt Middle School in Coffeyville, Kansas. mittee protects the opportunity of each ath- pics movement, in sponsoring the The students had a six week assignment to lete, coach, trainer, manager, administrator, games, has built understanding by replicate the legislative process, complete with and official to participate in athletic com- bringing athletes together around the elected Representatives, Senators, and a petition; world in open competition and by forg- Whereas the United States Olympic Train- ing new bonds of friendship, solidarity President. ing Centers in Colorado, California, New One young man noticed that our flag code York, Michigan, and Alabama are dedicated and sportsmanship. did not recognize Father’s Day as a holiday on to the development of Olympic athletes; Given the current state of global af- which it is especially encouraged to fly our Na- Whereas athletes representing the United fairs, we all have learned a lot from the tion’s flag. He offered a bill to add Father’s States at the Olympic games have achieved Olympic participants and from the Day to the honored holidays and it passed great success personally and for the Nation; symbolism of the peaceful assemblage their replica Congress. I was honored when Whereas thousands of men and women of of people from all different walks of the class passed their idea to me. I am the United States are focusing their energy life. and skill on becoming part of the United It is with this harmonious sentiment pleased to be a part of this Congress’ efforts States Olympic team and aspire to compete to help honor the contributions America’s fa- in the 2008 Olympic games; that Mr. LAMBORN’s resolution recog- thers continue to make to our strong Nation. Whereas the Nation takes great pride in nizes the significance of the Olympic Ms. BALDWIN. Mr. Speaker, I yield the qualities of commitment to excellence, movement in global understanding. back the balance of my time. grace under pressure, and good will toward This resolution is particularly timely The SPEAKER pro tempore. The other competitors exhibited by the athletes as we approach the 2008 games in Bei- question is on the motion offered by of the United States Olympic team; and jing, China, and encourages China to the gentlewoman from Wisconsin (Ms. Whereas June 23, 2007 is the anniversary of act responsibly in accordance with the the founding of the modern Olympic move- BALDWIN) that the House suspend the spirit of this Olympics. ment, representing the date on which the This bill also recognizes the proud rules and pass the bill, H.R. 2356. Congress of Paris approved the proposal of The question was taken. Pierre de Coubertin to found the modern history of our own U.S. Olympic Com- The SPEAKER pro tempore. In the Olympic games: Now, therefore, be it mittee, which has coordinated the de- opinion of the Chair, two-thirds being Resolved, That the House of Representa- velopment of young athletes in the in the affirmative, the ayes have it. tives— United States and sent so many of Ms. BALDWIN. Mr. Speaker, on that (1) supports the ideals and values of the them to represent our country with I demand the yeas and nays. Olympic movement; amazing poise. The yeas and nays were ordered. (2) calls upon the President to issue a proc- I’m delighted that the House will The SPEAKER pro tempore. Pursu- lamation recognizing the anniversary of the today take this opportunity to recog- ant to clause 8 of rule XX and the founding of the modern Olympic movement; nize the anniversary of the founding of and the modern Olympic movement on Chair’s prior announcement, further (3) calls upon the people of the United proceedings on this question will be States to observe such anniversary with ap- June 23. postponed. propriate ceremonies and activities. Mr. Speaker, I reserve the balance of f my time. The SPEAKER pro tempore. Pursu- Mr. LAMBORN. Mr. Speaker, I yield SUPPORTING THE IDEALS AND ant to the rule, the gentleman from myself such time as I may consume. VALUES OF THE OLYMPIC MOVE- American Samoa (Mr. FALEOMAVAEGA) Mr. Speaker, I rise in strong support MENT and the gentleman from Colorado (Mr. of House Resolution 395. I am pleased Mr. FALEOMAVAEGA. Mr. Speaker, LAMBORN) each will control 20 minutes. to sponsor this resolution that sup- I move to suspend the rules and agree The Chair recognizes the gentleman ports and commemorates the ideals to the resolution (H. Res. 395) sup- from American Samoa. and values of the Olympics.

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In 1912, the Olympics that took place in Mex- date in 1896 on which the Congress of when he won the Olympics, several ico, where gentlemen by the name of Paris approved the proposal of Baron gold medals in the Olympics there, and Tommy Smith and John Carlos dem- Pierre de Coubertin to found the mod- he was approached by the King Gustav onstrated in their own way, of course ern Olympic games. of Belgium, and he said, Sir, this is they were highly ridiculed by the The Olympics emphasize the values what the king said to Mr. Thorpe. Sir, media; and it was their way of showing and ideals of, among other things, an you are the greatest athlete in the that something was wrong here in active, healthy lifestyle for both able- world. And Thorpe, never a man to America. African Americans were not bodied and disabled athletes, personal stand on ceremony, answered and sim- given the same civil rights and lib- excellence, good sportsmanship and ply said, Thanks, King. erties as all other Federal Americans, fair play, without regard for gender, Jim Thorpe was one of the greatest as is guaranteed supposedly by the U.S. race or age. athletes in the world. He played base- Constitution. The Olympic movement and its mes- ball, he played football, in fact, in 1950 They made a display of their concern sage of peace and solidarity offer hope he was named the greatest American that in America, that something was during times of tumultuous world football player. And then another acco- wrong in our country. And I think they events. lade that was given to this great ath- were later honored by the San Jose For over 100 years the Olympic move- lete, Olympic athlete, the greatest State University for the fact that they ment has built a more peaceful and overall male, at least by the Associated stood up for principle, not because they better world by educating young people Press in 1950. hated the Olympics or being athletes, through athletics, by bringing together Jim Thorpe, unfortunately, was sus- but because of that. athletes from many countries in friend- pended in terms of the medals that he Then the Olympics of 1980, we had a ly competition, and by forging new re- won during the Olympics supposedly very serious problem when the Soviet Union attacked Afghanistan. And lationships bound by friendship, soli- because he had played professional President Carter then issued a very in- darity, sportsmanship and fair play. baseball. Supposedly, this is what he teresting statement. You pull out of Presently, thousands of men and was accused of. women throughout the United States Well, later on his medals were re- Afghanistan or we’re going to boycott the Olympics. That’s exactly what hap- are working hard to prepare for com- stored. petition to proudly represent our great But given the fact that this is one of pened in 1980. And unfortunately, all Nation. Embodying values of health the great personalities that have our athletes who trained so hard for that 4-year period just wasted that and fitness, Olympic athletes are role evolved from the spirit of the Olympic whole energy and time unfortunately. models for young people as obesity be- movement, another gentleman that I But because of political reasons. want to share with my colleagues his- comes far too widespread in the United And here’s one of the ironies, Mr. States. torically was a gentleman by the name Speaker, that the United States was These athletes will be participating of Jesse Owens, a son of Alabama, but joined in this boycott with Japan, West in one of the upcoming Olympic games: raised in the State of Ohio, in Cleve- Germany, China and Canada. And guess the XV Pan American Games, which land, Ohio, specifically. who didn’t join us? Great Britain, will take place in Rio de Janiero, It was in the 1936 Olympics, 1936 France, Greece. Very, very interesting Brazil, later this year; the XXVIV Olympics in Berlin, Germany, and host of supposedly our allies and Summer Olympics in Beijing, China, in there was this problem that some of friends as a matter of principle in 2008; and the XXI Winter Olympics in our friends from Germany, particularly terms of what the Soviet Union did in Vancouver, Canada, in 2010. Adolph Hitler, had this very inter- 1979. As China prepares to open its doors esting concept about the supremacy of And then what happened in 1984? The to the world, the 2008 Olympic games in the white Aryan race. And this African Soviet Union and the Warsaw Pact Beijing could well be a defining event American athlete went there and won members turned around and boycotted for our generation. four gold medals, to the extent that it the Olympics in Los Angeles. The Olympic movement’s ideals and was very ironic. values are as relevant today, if not Here, Jesse Owens could not even b 1500 more so, than when the modern Olym- train together with his white counter- In the 1988 Olympics in Korea, Mr. pic games began more than 100 years parts, the members of the Olympic Speaker, it was my privilege to lead ago. Committee, representing the United the first delegation of my territory, as Mr. Speaker, I reserve the balance of States of America. And yet, when he members of the Olympic Committee, my time. got to Germany, in the midst of 110,000 believe it or not, in the Olympic orga- Mr. FALEOMAVAEGA. Mr. Speaker, spectators in that stadium there in nization, in Seoul, Korea. And what an I wish to commend the gentleman for Berlin, ironically Owens was allowed to awesome and powerful force it was to his statement, and to honor the spirit travel and stay in the same hotels as show the world community in terms of of the Olympic movement, and espe- whites in Germany, and yet was denied showing these athletes who prepare for cially that the great State of Colorado the same privilege here in our own so long and so hard that they could hosts the resources and the facilities country. share not only their talent but, more that allow our athletes from all over The fact is even noted that after a than that, their fellowship with each the country to come and to train and New York ticker tape parade that was other. to prepare adequately for this impor- given in his honor in New York City, Now, in the advent of what is hap- tant global event. that Owens had to ride the freight ele- pening seriously in terms of what we And I cannot help but to reflect on vator to attend a reception for him at are trying to do in Darfur, the moment some of the history and how important the Waldorf Astoria. now among some of the leaders and are some of the events that were clas- I think it’s worth noting that this others in the world is to boycott the sical as far as the Olympics were con- gentleman, humble as he was, one of Olympics in China because some feel cerned. And I want to share with my the greatest athletes, one of the great- that China is not doing enough to put colleagues one of the great personal- est athletes coming from our country, pressure on the Sudanese Government ities that have come out of this, a gen- again the spirit of the Olympics, where to stop the genocide, to stop the geno- tleman by the name of Jim Thorpe, race, color, creed or religion should cide in Darfur, where over 400,000 lives

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Mr. Speaker, and ought to have the full support of also supplies arms to the Sudanese I move to suspend the rules and pass relevant agencies and bodies, espe- cially the Inter-American Development Government. the Senate bill (S. 676) to provide that Bank. It is a very serious issue. And, unfor- the Executive Director of the Inter- tunately, like I said, I wish we lived in The bill before the House today American Development Bank or the Al- comes to us from the Senate. It simply a perfect world where we can separate ternate Executive Director of the the politics from athletics, but this is makes explicit that the executive di- Inter-American Development Bank rector of the Inter-American Develop- not the reality that we are faced with. may serve on the Board of Directors of And I am also making an urgent plea ment Bank should be eligible for ap- the Inter-American Foundation. pointment to the board of the Inter- to our good friends from China, the The Clerk read the title of the Senate leaders of China, to put pressure on the American Foundation. While it was bill. previously assumed that the head of Sudanese Government, put pressure on The text of the Senate bill is as fol- the bank could be appointed to the the Sudanese Government to stop the lows: foundation board, such eligibility was genocide in Darfur. S. 676 Again, I want to commend my col- never codified in the law. Be it enacted by the Senate and House of Rep- This bill is a technical fix that our league and good friend for his support resentatives of the United States of America in and for the sponsorship of this impor- good friends, the distinguished chair- Congress assembled, man of the Senate Foreign Relations tant legislation. SECTION 1. AUTHORITY TO APPOINT EXECUTIVE IDEN Mr. Speaker, I have no further re- DIRECTOR OR ALTERNATE EXECU- Committee, Mr. B ; and the senior quests for time, and I yield back the TIVE DIRECTOR OF THE INTER- ranking member of the Senate Foreign AMERICAN DEVELOPMENT BANK TO Relations Committee, Mr. LUGAR, be- balance of my time. THE BOARD OF DIRECTORS OF THE Mr. LAMBORN. Mr. Speaker, I yield lieve that this law should be installed. INTER-AMERICAN FOUNDATION. I urge my colleagues to support this myself such time as I may consume. The third sentence of section 401(g) of the legislation. I want to thank my colleague from Foreign Assistance Act of 1969 (22 U.S.C. Mr. Speaker, I reserve the balance of American Samoa for the words he has 290f(g)) is amended to read as follows: ‘‘Three members of the Board shall be appointed my time. just shared and especially for the in- Mr. LAMBORN. Mr. Speaker, I yield spiring example that he recounted to from among the following: officers or em- ployees of agencies of the United States con- myself such time as I may consume. us of Jim Thorpe and Jesse Owens. cerned with inter-American affairs, the Mr. Speaker, this legislation adds a An Olympic athlete has the potential United States Executive Director of the technical clarification to the Inter- to galvanize the attention of the entire Inter-American Development Bank, or the American Foundation Act. By back- country, sometimes the entire world, Alternate Executive Director of the Inter- ground, this bill would amend the through overcoming adversity through American Development Bank.’’. Inter-American Foundation Act to athletic excellence, and I expect that The SPEAKER pro tempore. Pursu- clarify that the President may appoint we will be seeing a lot more of that in ant to the rule, the gentleman from the U.S. executive director of the the future. And that is the kind of in- American Samoa (Mr. FALEOMAVAEGA) Inter-American Development Bank, or spiration that we as Americans and our and the gentleman from Colorado (Mr. IADB, or his alternate to serve as a young people can benefit from. LAMBORN) each will control 20 minutes. member of the Board of the Inter- I am proud that in Colorado Springs The Chair recognizes the gentleman American Foundation. we have the headquarters of the United from American Samoa. The Inter-American Foundation Act States Olympic Committee and we GENERAL LEAVE requires that three members of the have a very involved training center in Mr. FALEOMAVAEGA. Mr. Speaker, nine-member board ‘‘shall be appointed Colorado Springs, in my district. We I ask unanimous consent that all Mem- from among officers or employees of also have training centers in other bers may have 5 legislative days to re- agencies of the United States con- parts of the country. I am aware of vise and extend their remarks and in- cerned with inter-American affairs.’’ training centers in California, New clude extraneous material on the bill The authors of this legislation appear York, and Michigan as well. So the under consideration. to believe the clarification is necessary Olympics movement is something that The SPEAKER pro tempore. Is there because some have recently questioned we as a Nation can be proud of and can objection to the request of the gen- whether or not a U.S. executive direc- support, and I would hope that this res- tleman from American Samoa? tor to an international financial insti- olution makes a big step in that direc- There was no objection. tution, or IFI, like the IADB, is actu- tion. Mr. FALEOMAVAEGA. Mr. Speaker, ally an officer or employee of agencies I want to thank my colleague across I yield myself such time as I may con- of the United States. the aisle for helping me on this resolu- sume. I would note simply that this ques- tion, for the words that he shared. Mr. Speaker, I rise in strong support tion is largely a nonissue. To my Mr. Speaker, I have no further re- of this proposed legislation. knowledge, never before has Congress quests for time, and I yield back the The Inter-American Foundation is an questioned whether a U.S. executive di- balance of my time. important agency of the United States rector could concurrently serve on the The SPEAKER pro tempore. The Government that strengthens relations Inter-American Foundation’s board. question is on the motion offered by between the United States and Latin Indeed, any experience with the day- the gentleman from American Samoa America and makes significant con- to-day operations of the international (Mr. FALEOMAVAEGA) that the House tributions to economic development financial institutions would suggest suspend the rules and agree to the reso- and civil society throughout the re- that the U.S. executive directors to lution, H. Res. 395. gion. The foundation, which also re- IFIs effectively function as officers or The question was taken; and (two- ceives contributions from the Inter- employees of the United States. In this thirds being in the affirmative) the American Development Bank, pri- regard the World Bank Web site states rules were suspended and the resolu- marily funds partnerships among that ‘‘the U.S. executive director is an tion was agreed to. grass-roots and nonprofit organizations employee of the U.S. Department of A motion to reconsider was laid on and businesses and local governments. Treasury and is supported by an alter- the table. These partnerships are directed at im- nate executive director for the United

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States, as well as a team of advisers holding the Conference on the Carib- American Samoa (Mr. FALEOMAVAEGA) representing different executive branch bean. and the gentleman from Arkansas (Mr. agencies.’’ The Clerk read the title of the resolu- BOOZMAN) each will control 20 minutes. The U.S. representatives to the IFIs tion. The Chair recognizes the gentleman receive detailed instructions from the The text of the resolution is as fol- from American Samoa. Secretary of the Treasury regarding lows: GENERAL LEAVE the position of the United States Gov- H. RES. 418 Mr. FALEOMAVAEGA. Mr. Speaker, ernment on all votes pending before Whereas Presidents, Prime Ministers, and I ask unanimous consent that all Mem- the board, as well as on all outstanding Foreign Ministers from Antigua and Bar- bers may have 5 legislative days to re- policy matters. The U.S. representa- buda, the Bahamas, Barbados, Belize, Domi- vise and extend their remarks and in- tives to these institutions are also eli- nica, Grenada, Guyana, Haiti, Jamaica, Saint Kitts and Nevis, Saint Lucia, Saint clude extraneous material on the reso- gible to receive employee benefits, and Vincent and the Grenadines, Suriname, Trin- lution under consideration. the Treasury Department serves as the idad, and Tobago will travel to Washington, The SPEAKER pro tempore. Is there employing office for collecting, ac- DC, to attend the Conference on the Carib- objection to the request of the gen- counting for all retirement and health bean and meet with Members of Congress; tleman from American Samoa? insurance benefits payments made by Whereas for the first time in its history, There was no objection. these individuals. through the cooperation of the Caribbean Mr. FALEOMAVAEGA. Mr. Speaker, Having said that, passage of this act Community (CARICOM), the Department of I yield myself such time as I may con- State, and Congress, the Conference on the will certainly do no harm and may Caribbean is convening June 19, 2007, through sume. serve to help expedite the consider- June 21, 2007, in Washington, DC; Mr. Speaker, I rise in strong support ation of Hector Morales to serve as a Whereas CARICOM was created through of this resolution. member of the Board of Directors of the Treaty of Chaguaramas in 1973 at Let me first commend my distin- the Inter-American Foundation. Mr. Chaguaramas, Trinidad and Tobago; guished friend and colleague, also a Morales is currently serving as the Whereas CARICOM was established in senior member of the Foreign Affairs United States executive director of the order to improve labor standards, produc- Committee, the gentleman from New Inter-American Development Bank, a tion, and sustained economic development, York, Mr. ELIOT ENGEL, chairman of expand foreign trade and economic relations, the Subcommittee on the Western position to which he was appointed increase economic leverage and effectiveness after receiving the advice and consent of Member States in dealing with third-party Hemisphere, for introducing this im- of the Senate in November 2004. The states, enhance the coordination of Member portant resolution, which welcomes an position on the Board of Inter-Amer- States’ foreign policies and trade relations, impressive delegation of Presidents, ican Foundation would be a part-time and promote the tradition of democracy in Prime Ministers, and Foreign Ministers appointment. the region; from the Caribbean to Washington, DC Mr. Speaker, I have no further re- Whereas CARICOM is developing stronger for the Conference on the Caribbean. quests for time, and I yield back the trade, economic relations, and overall co- Mr. Speaker, the Caribbean nations operation with the United States Govern- are as varied and stunningly exquisite balance of my time. ment; Mr. FALEOMAVAEGA. Mr. Speaker, Whereas the Conference on the Caribbean as anywhere in the world. We are I thank my good friend, the gentleman is a unique dialogue between leaders of the pleased to have a strong relationship from Colorado, for his most eloquent United States and Caribbean countries to de- with the Caribbean Community, also statement. velop regional strategies for economic devel- known as CARICOM, the free trade as- Mr. Speaker, I have no further re- opment and better relations with Caribbean sociation that unifies these states. quests for time, and I yield back the countries; For the first time in its history, balance of my time. Whereas the United States has maintained through the coordination of the Carib- The SPEAKER pro tempore. The deep and enduring relations with the peoples bean Community, the State Depart- of Caribbean countries and is linked to the ment and Congress, the Conference of question is on the motion offered by Caribbean not only through geography but the gentleman from American Samoa also through common interests and values; the Caribbean is convening in Wash- (Mr. FALEOMAVAEGA) that the House Whereas the United States and Caribbean ington. The Foreign Affairs Committee suspend the rules and pass the Senate countries can enhance their cooperation in is pleased to be meeting with the mem- bill, S. 676. many areas, including mutually beneficial bers of this delegation when they con- The question was taken. trade and economic relationships, coun- vene here on June 19 through June 21. The SPEAKER pro tempore. In the tering the transnational scourges of crime, They will also be meeting with Presi- opinion of the Chair, two-thirds being drugs, and terrorism, combating the spread dent Bush as well as members of the of infectious disease, protecting the environ- House Ways and Means Committee and in the affirmative, the ayes have it. ment and encouraging tourism, maintaining Mr. FALEOMAVAEGA. Mr. Speaker, fisheries and other maritime resources, ad- the Congressional Black Caucus. on that I demand the yeas and nays. dressing climate change, energy security and This is to be a historic meeting that The yeas and nays were ordered. renewable energy sources, and promoting de- ushers in a new era of cooperation be- The SPEAKER pro tempore. Pursu- mocracy and good governance; and tween the United States and the na- ant to clause 8 of rule XX and the Whereas there are increasing numbers of tions of the Caribbean, an area of the Chair’s prior announcement, further Americans of Caribbean heritage making world often neglected. proceedings on this question will be myriad contributions to America’s rich cul- The United States and the countries tural fabric and diversity: Now, therefore, be of the Caribbean can enhance collabo- postponed. it f Resolved, That House of Representatives— ration in several important areas, in- cluding mutually beneficial trade and RECOGNIZING AND WELCOMING (1) recognizes the deep and historic ties be- tween the peoples of the United States and economic relationships; battling crime, THE DELEGATION OF PRESI- the Caribbean; drugs, and terrorism; and combating DENTS, PRIME MINISTERS, AND (2) expresses the hope that relations be- the spread of diseases including HIV/ FOREIGN MINISTERS FROM THE tween the United States and the Caribbean AIDS. This will also be a golden oppor- CARIBBEAN TO WASHINGTON, DC will continue to grow closer in the future; tunity for the Caribbean nations and Mr. FALEOMAVAEGA. Mr. Speaker, (3) commends the Caribbean Community the United States to cooperate on new (CARICOM) for holding the Conference of the I move to suspend the rules and agree Caribbean; and and clean energy production tech- to the resolution (H. Res. 418) recog- (4) recognizes and welcomes the delegation nologies. nizing and welcoming the delegation of of Presidents, Prime Ministers, and Foreign Our relations with the Caribbean also Presidents, Prime Ministers, and For- Ministers from Caribbean countries to Wash- hit very close to home as there are in- eign Ministers from the Caribbean to ington, DC. creasing numbers of Americans of Car- Washington, DC, and commending the The SPEAKER pro tempore. Pursu- ibbean heritage making significant Caribbean Community (CARICOM) for ant to the rule, the gentleman from contributions to our culture here in

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.000 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 15291 America. I need only to cite a few that able resources, combating the spread of with the delegations from the Carib- come to mind, and one of the gentle- infectious disease, and promoting de- bean that will be here this week is men I had the privilege of meeting mocracy and good governance. This bill very, very important. years ago was none other that Mr. recognizes the deep and historic ties As Mr. FALEOMAVAEGA said, the Car- Harry Belafonte, whose roots are also between the people of the United ibbean nations are as culturally varied from the Caribbean. What about the States and the Caribbean, and it com- and physically beautiful as anywhere late and former Congresswoman Shir- mends the Caribbean Community for in the world. It is important to expand ley Chisholm, the first African Amer- the establishment of the first-ever con- our strong relationship with the Carib- ican woman to run for President of the ference of this kind. bean Community, also known as United States, and she certainly distin- I applaud this important step, and CARICOM. This is an historic con- guished herself in representing her con- look forward to working with ference. For the first time in its his- stituents from New York. CARICOM to improve the overall rela- tory, through the coordination of the Caribbean Community, the State De- b 1515 tions between the U.S. Congress and our Caribbean allies. partment, the Congress, the Conference Also, at the meeting, I had the privi- Mr. Speaker, I reserve the balance of on the Caribbean is convening in Wash- lege of meeting with a gentleman by my time. ington. I cannot state how important the name of Sidney Poitier from the Mr. FALEOMAVAEGA. Mr. Speaker, that is and how significant that is and Caribbean, of Caribbean heritage. And I want to thank my good friend and what kind of important role the United of course none other than former colleague from Arkansas for his sup- States Congress can play. Chairman of the Joint Chiefs of Staff, port of this important legislation. I am honored to be the chairman of and also former Secretary of State, Mr. Mr. Speaker, I forgot to mention as the Western Hemisphere Sub- Colin Powell, whose heritage is also part of my commenting on this, the committee, and I will do everything in from the Caribbean. tremendous number of world-renowned my power to help facilitate relations We need to continue to work on ways athletes also coming from the Carib- between the United States, United to strengthen the open markets and bean. I can only think of Bob Clemente States Congress and the nations of the economic ties that have brought pros- from Puerto Rico. I know of one other, Caribbean. perity to many Caribbean nations that but I am going to get back to you on The Foreign Affairs Committee is promise to lift up those in need. We all them, Mr. Speaker. pleased to be meeting with the mem- look forward to seeing some real tan- Mr. Speaker, at this time it is my bers of this delegation on June 20 at gible results coming out of this upcom- privilege to yield such time as he may 2:30 p.m., and I encourage all our col- ing conference. need to the chief sponsor and author of leagues, both on our committee and on I urge my colleagues to give this res- this proposed legislation, my good our subcommittee, and even people olution its fullest support. friend and colleague, the gentleman that are not on our committee, to at- Mr. Speaker, I reserve the balance of from New York (Mr. ENGEL). tend this meeting. my time. Mr. ENGEL. Mr. Speaker, I would The delegation will also be meeting Mr. BOOZMAN. Mr. Speaker, I yield like to thank my good friend from with President Bush, as well as mem- myself such time as I may consume. American Samoa, my classmate, we bers of the Ways and Means Committee Mr. Speaker, I rise in strong support came to Congress together in 1989, for and the Congressional Black Caucus, of H. Res. 418 that welcomes the dele- yielding me this time. I would like to and as well as, of course, our Foreign gations of presidents, prime ministers thank Chairman LANTOS for marking Affairs Committee. and foreign ministers from the Carib- up this resolution, and for the support Mr. Speaker, I visited four Caribbean bean to Washington to meet with the of many members of the Foreign Af- countries in the last 6 months and have U.S. Congress. This delegation brings fairs Committee. learned much from our friends in the the President of Suriname, the prime I would also like to thank my col- south. In Haiti, leaders are very appre- ministers of Barbados, Belize, Grenada, leagues. This is the first speech I am ciative for the support of the United St. Lucia, St. Vincent and the Grena- making on the House floor since the States and for the recent passage of the dines, and Trinidad and Tobago, for- passing of my dear mother, and I want HOPE legislation, but want to make eign ministers from the CARICOM to thank my colleagues for their sup- sure we coordinate closely with the countries, and the Assistant Secretary port and for their strength and caring government on our assistance plan. General of the Caribbean Community. for me and my family. Further to the south, leaders of the These unprecedented meetings are Mr. Speaker, this resolution wel- many small island nations feel ne- part of the CARICOM Conference on comes a delegation of presidents, prime glected by the United States and are the Caribbean that will take place from ministers and foreign ministers from 14 looking for closer cooperation on en- June 19–21. Caribbean nations to Washington, D.C., ergy, security, crime, education, health The Caribbean Community, or for the Conference on the Caribbean, and other issues. Countries like China CARICOM, was established in 1973 to which will be held next week. are stepping in and filling the vacuum unify member countries on foreign I am the chairman of the Western left by the United States in these policies and trade relations with out- Hemisphere Subcommittee of the small, but strategically important side states, and to improve the eco- House Foreign Affairs Committee, and countries. This is our hemisphere, the nomic conditions of the region. I can tell you that the relationship Western Hemisphere, and we simply Fourteen member states will be rep- that the United States has with the must be more engaged. We cannot resented at the meeting, which will Caribbean nations is of paramount im- stand back and think that other coun- focus on trade relations with the portance. In fact, in many of the trips tries are not going to move into the United States, energy cooperation, and that we have gone on, people have said vacuum. You know, we used to go to security concerns, including small to us they want the United States to be school when we were kids and learn arms trafficking and counternarcotics involved. They have a sense, many about the policy of ‘‘hands off the efforts, immigration and the reintegra- times, that we have looked elsewhere, Americas,’’ but that’s not true any- tion of the Portuguese in the region, and they don’t understand why. more. Other countries, like China and and the prevention of HIV/AIDS. So I think it is important for our like Iran and other places, will step in There is always room to improve U.S. subcommittee to be involved, our com- if we neglect these countries. relations with our southern neighbors. mittee to be involved and for the U.S. Our friends in the Caribbean have of- Other such areas to be addressed dur- Congress to be involved in helping to fered their support for U.S. efforts to ing the discussions include encouraging foster good ties with the Caribbean na- combat global terrorism. With the re- tourism, protecting the environment, tions; and of course this resolution lays cent revelation that the suspects from addressing energy security and renew- the groundwork, and the interaction Trinidad and Tobago and Guyana were

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.000 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15292 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 June 11, 2007 involved in the plot to blow up JFK And so I hope to work with him on of golf, it was my privilege to meet a Airport in New York City, we need these issues. His name is Louis couple of years ago the great golfer more than ever to work closely with Straker. These are important relation- from Puerto Rico, Chi Chi Rodriguez. I our allies in the Caribbean to defeat ships, and we need to continue to foster stated earlier Sammy Sosa. We have so terrorism. them. many names here, Mr. Speaker, I just I was just in Trinidad with a delega- And finally, we must continue to wanted to share with my colleagues tion. We met with the leader of Trini- work on ways of strengthening the re- and my good friend from Arkansas, tre- dad, and he told us in emphatic terms lationships that have brought pros- mendous contributions of talent com- how closely he wanted to work with perity to many Caribbean nations and ing from the Caribbean region. I don’t the United States to combat terrorism. that promise to lift up those in need. It need to say them in terms of the They’re willing, they’re able, they is my hope that our friends in the Car- wealth of talent coming from the Car- want to work with us. We just need to ibbean can see some real concrete re- ibbean as far as the sport of baseball is show that we want to work with them. sults coming out of this important Car- concerned. I just want to share that Terrorism is not just a single region ibbean Conference in Washington. note with my colleagues. issue, it impacts all areas of the world. Let me just conclude by saying the And again, I want to commend my When we have friends reaching out to time for rhetoric is over. It is now time good friend, the chairman of our For- us in our hemisphere as allies on the for action and a real enhancement of eign Affairs Subcommittee on the war on terror, we must closely engage our relations with the Caribbean. Western Hemisphere. We look forward with them. Again, Mr. Speaker, I would like to to meeting with these presidents and I am looking forward to this historic thank my colleagues for their support prime ministers coming from the Car- meeting that ushers in a new era of co- of this legislation. I thank the chair- ibbean region. operation between the United States man. I thank the gentleman from the Mrs. CHRISTENSEN. Mr. Speaker, as a and the Caribbean, an area of the world American Samoa, the gentleman from daughter of the Caribbean and the only mem- to which, again, I don’t believe we have Arkansas. We all need to work to- ber of the House from the English-speaking been paying adequate attention. gether. This should be bipartisan. This Caribbean, I rise in strong support of H. Res. The United States and the countries is good for America. We need to 418, which recognizes and welcomes the del- of the Caribbean can enhance collabo- strengthen our ties with the Caribbean. egation of Presidents, Prime Ministers, and ration in several important areas, in- Mr. BOOZMAN. Mr. Speaker, I want Foreign Ministers from the Caribbean to cluding mutually beneficial trade and to thank the subcommittee chairman Washington, DC, and commends the Carib- economic relationships, battling crime, for his hard work. Also, I want to bean Community, CARICOM, for holding their drugs and terrorism, and combating thank the chairman of the full com- Conference on the Caribbean. the spread of diseases, including HIV/ mittee, Mr. LANTOS, and Ms. ROS- It is with great pride that I join my col- AIDS. There is also a golden oppor- LEHTINEN for bringing this forward leagues in applauding the heads of Govern- tunity for the Caribbean nations and along with our staff. ment of the CARICOM Caribbean Community the U.S. to cooperate on new and clean Mr. Speaker, I yield back the balance of nations for convening their conference on energy production technologies. And, of my time. the Caribbean—A 20/20 Vision—here in again, when we were in Trinidad, we Mr. FALEOMAVAEGA. Mr. Speaker, Washington. The theme of the conference is: visited some of those technologies, I want to commend my colleague and CARICOM DEVELOPMENT IN THE 21st Cen- Trinidad being a major supplier of nat- chairman of our Subcommittee of the tury: Economic Growth with Social Equity. ural gas to the United States of Amer- Western Hemisphere. Not only am I an I want to thank and commend my colleague ica. original cosponsor of this important and friend the chairman of the Subcommittee Our relations with the Caribbean also resolution, but also, as a member of on Western Hemisphere, Representative are very important as there are large the Western Hemisphere Sub- ENGEL for introducing H. Res. 418 and for numbers of Americans of Caribbean committee, it has been my privilege shepherding it on to the floor of the House heritage, as the gentleman from Amer- over the years to also visit some of our today. ican Samoa pointed out, making sig- countries here in the Caribbean area. Mr. Speaker, the nations of the Caribbean, nificant contributions to our culture in And as my friend from New York has some of the longest and most stable democ- America. I represent the New York said, sometimes we neglect these so- racies in the region, have long been among City area district. In New York City called small states. our closest friends and staunchest allies. In re- and in the suburbs, and in my district A couple of weeks ago, I had the cent years, the region was described as Amer- alone in New York, there are very, very privilege of hosting several presidents ica’s ‘‘third border’’ because events there have large numbers of Caribbean residents, and prime ministers from the South a direct impact on the security of the United including Jamaicans, Haitians, Pacific, from the Pacific region. Cur- States. However, while we have made state- Dominicans, and many, many others. rently, in the United Nations they have ments about bolstering political and economic The Dominican Republic is a country what is known as a small states asso- stability in the region, the reality is that our that wants to work closely with us, a ciation, which is comprised primarily friends to the south have been suffering from very important country. Haiti needs of states or countries from the Carib- our benign neglect. our attention. Grenada, where the bean, and also from the Pacific region. Whether it has been our position on Carib- United States invaded when Ronald And they number about a little over 42 bean bananas at the WTO, or our insistence Reagan was President, now we seem to members in the United Nations. that our Caribbean neighbors make costly up- be neglecting them. We visited there as The point I wanted to make, Mr. grades to their air and seaports to comply with well. So these are countries that we Speaker, is these are sovereign, inde- our post-September 11th security concerns, to need to watch, to work with. pendent nations, and we are not to the recently instituted Western Hemisphere The gentleman on the other side of look at them as just because they’re Initiative, our Caribbean neighbors have been the aisle mentioned St. Vincent and small, that they are not important as taking it on the chin economically as a result the Grenadines. It’s just coincidental far as our national needs are con- of policy decisions we have made to address that the foreign minister of St. Vin- cerned. We ought to be very sensitive our domestic and foreign policy agendas. cent and the Grenadines, who will be to the needs of small states, no matter I also hope that the recently uncovered plot here, went to college with me some 40 where they are. to blow up a fuel supply line at the JFK Airport years ago in New York City. And we I also want to note with a sense of in NY, allegedly involving four men from Guy- have maintained our friendship irony that right in the middle of the ana and Trinidad and Tobago will not lead to through all those years, never knowing Caribbean we have 4 million U.S. citi- the belief that the Caribbean is becoming a that I would eventually go to Congress zens living in the Commonwealth of ‘‘hotbed of terrorism’’. and he would become the foreign min- Puerto Rico. I failed to mention that In holding their conference in Washington, ister of St. Vincent in the Grenadines. with my love and passion for the sport our Caribbean neighbors hope to strengthen

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00013 Fmt 0688 Sfmt 9920 E:\BR07\H11JN7.000 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 15293 the relationship between the United States that this meeting can serve as a landmark to- in South Florida, New York, and Washington, and CARICOM by addressing priority areas for ward creating mutually beneficial relationships, DC, has contributed to enhancing multicultural future Caribbean growth and development, in- as well as enhancing collaboration in several communities that are committed to economic cluding issues related to trade, competitive- areas such as trade and economic relation- development and social advancement. ness and investment, in mutually beneficial ships, crimes, drugs and terrorism, while also I applaud this important step, and look for- and reinforcing ways. combating the spread of diseases, including ward to working with CARICOM to improve They also hope to deepen and broaden the HIV/AIDS. The Conference on the Caribbean the overall relations between the U.S. Con- dialogue between the Governments and peo- also allows the two countries to cooperate on gress and our Caribbean allies. ple of CARICOM and the Government and new and clean energy-production tech- Mr. FALEOMAVAEGA. Mr. Speaker, people of the United States of America that nologies. I yield back the balance of my time. should result in the renewed appreciation of As a leader in one of the most diverse met- The SPEAKER pro tempore. The the Caribbean. ropolitan districts in the nation, as well as a question is on the motion offered by We—the Congress and the Bush Adminis- member of the Foreign Affairs Committee here the gentleman from American Samoa tration—owe it to these small and vulnerable on Capitol Hill, I strongly cherish the bond that (Mr. FALEOMAVAEGA) that the House friends to seriously consider the issues they our two nations share. I can attest to the sig- suspend the rules and agree to the reso- will raise with us during the conference. These nificant contributions that Americans of Carib- lution, H. Res. 418. include, trade and competitiveness, immigra- bean heritage are making in America. Houston The question was taken; and the tion, cooperation on security issues including is a multicultural city with a large and even ad- Speaker pro tempore announced that the return of criminal deportees, disaster pre- vancing international community; for that rea- the ayes appeared to have it. paredness and mitigation and health-care in- son, I strongly support and value a cultural Mr. FALEOMAVAEGA. Mr. Speaker, cluding HIV/AIDS. outreach effort. on that I demand the yeas and nays. The yeas and nays were ordered. The Caribbean and its peoples have deep I thank you once again, Mr. ENGEL, for your The SPEAKER pro tempore. Pursu- and historic ties with the United States and its efforts in introducing this piece of legislation. I ant to clause 8 of rule XX, further pro- peoples. It is my fervent hope that through this am looking forward to witnessing the results of ceedings on this question will be post- conference and the meetings that will take this upcoming conference. poned. place with President Bush and the Members Mr. Speaker, I ask all of my colleagues to of Congress, including the Congressional join me in supporting this resolution. f Black Caucus, that relations between the Mr. HASTINGS of Florida. Mr. Speaker, I RECOGNIZING THE STRONG ALLI- United States and the Caribbean will continue rise today to welcome an impressive delega- ANCE BETWEEN THE REPUBLIC to grow closer in the future. tion of Presidents, Prime Ministers, and For- I urge my colleagues to support adoption of OF KOREA AND THE UNITED eign Ministers from the Caribbean to Wash- this resolution. STATES Ms. JACKSON-LEE of Texas. Mr. Speaker, ington, DC for the first ‘‘Conference on the Mr. FALEOMAVAEGA. Mr. Speaker, I rise in support of H. Res. 418, recognizing Caribbean’’ through the coordination of the I move to suspend the rules and agree and welcoming the delegation of Presidents, Caribbean Community (CARICOM), the State to the resolution (H. Res. 295) recog- Prime Ministers, and Foreign Ministers from Department, and Congress. nizing the strong alliance between the the Caribbean to Washington, DC, and com- This multifaceted and dynamic region is Republic of Korea and the United mending the Caribbean Community, strikingly promising, offering an array of oppor- States and expressing appreciation to CARICOM, for holding the Conference on the tunities. CARICOM is committed to enhancing the Republic of Korea for its efforts in Caribbean. economic integration through a common mar- the global war against terrorism, as I will first begin by thanking my colleague on ket and common trade policies. Members of amended. the Foreign Affairs committee and chairman of this organization are also committed to in- The Clerk read the title of the resolu- the Subcommittee on the Western Hemi- creasing their functional cooperation by pool- tion. sphere, Representative ELIOT ENGEL, for intro- ing resources and services in the area of The text of the resolution is as fol- ducing such an important key resolution, human and social development, as well as co- lows: ordinating foreign policy objectives that make which welcomes to Washington, DC, Presi- H. RES. 295 dents, Prime Ministers, and Foreign Ministers a concerted stride for regional advancement. Recognizing the strong alliance between from all nations of the Caribbean. Through co- The fact that this meeting is taking place in the Republic of Korea and the United States operation between CARICOM, the Department our Nation’s capitol is indeed something that I and expressing appreciation to the Republic of State and the United States Congress, del- applaud. However, I would be remiss if I did of Korea for its efforts in the global war egates will meet for the first time in history for not emphasize the concentrated costs associ- against terrorism. a three day—June 19–June 21, 2007—Con- ated with developing an institutional framework Whereas for more than 50 years since the ference on the Caribbean. needed to secure deeper regional integration. outbreak of the Korean War, a close relation- As a member of the United States House of Therefore, it is essential that the international ship has existed between the United States community invests in the socioeconomic infra- and the Republic of Korea, which has been of Representatives, I recognize the deep and his- enormous economic, cultural, and strategic toric ties between our American people and structure of this lucrative region in order to in- advantage to both nations; those of the Caribbean. I would like to take crease competitiveness and development. Ag- Whereas President George W. Bush and this opportunity to commend the Caribbean gressively pursuing partnerships and seizing President Roh Moo Hyun have demonstrated community, CARICOM, for holding this con- opportunities to open markets are instrumental their mutual willingness to forge a deeper al- ference, as well as to recognize and welcome in securing a progressive future for this often liance between the United States and the Re- all delegates to the United States. I look for- ignored region. public of Korea to enhance stability in East ward to working with the Caribbean commu- This fortified partnership is much needed to Asia; address plaguing social dilemmas that warrant Whereas the 29,000 United States armed nity in maintaining and strengthening the rela- services personnel who are stationed in the tions between both countries. international attention. As HIV/AIDS, crime, Republic of Korea serve as a testament to CARICOM was created through the Treaty and poverty ripple through the Caribbean re- the enduring strength of the 1953 U.S.–R.O.K. of Chaguaramas in 1973 to aid in developing gion, we must be compelled to advocate for Mutual Defense Treaty; stronger trade and economic relations, improv- this region’s growing plights. The increasing Whereas the foundation of the relationship ing labor relations, and sustaining economic West Indian influence in the U.S. legitimizes between the United States and the Republic development and overall cooperation when the need for continued U.S.-Caribbean rela- of Korea rests on a shared interest in and dealing with third-party states. It will be the tions. According to 2000 census data an esti- commitment to peace, democracy, and free- hope of all delegates convened to usher in a mated 1.9 million of the total U.S. population dom on the Korean Peninsula, in Asia, and throughout the world; new era of cooperation between the U.S. and comes from a West Indian background. Whereas the Republic of Korea and the the Caribbean; an area of the world that is I am proud to represent Florida’s 23rd dis- United States are both deeply committed to often neglected. trict where approximately 115,000, or 18 per- the Six Party Talks and have a mutual in- As a strong supporter of the notion of a cent of the entire district, has a Caribbean her- terest in keeping the Korean Peninsula free global marketplace of ideas, I strongly believe itage. The growing presence of West Indians of nuclear weapons;

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.000 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15294 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 June 11, 2007 Whereas the Republic of Korea has more Overall, South Korea is a key partner for offering and proposing this resolu- than 1,200 armed services personnel deployed and an ally in the challenge of com- tion. in Iraq, constituting the third largest coali- bating world terrorism. The combina- Mr. Speaker, I reserve the balance of tion contingent in Iraq behind the United tion of emerging terrorism threats and my time. States and the United Kingdom; Mr. BOOZMAN. Mr. Speaker, I yield Whereas the Republic of Korea has more the North Korean challenge makes this than 200 armed services personnel deployed resolution particularly important myself such time as I may consume. in Afghanistan; and today. Mr. Speaker, I rise today in strong Whereas the Republic of Korea has pledged I certainly want to commend my support of this resolution, which recog- $460,000,000 toward reconstruction and sta- good friend, Assistant Secretary Chris- nizes the enduring ties of an alliance bilization in postwar Iraq: Now, therefore, be topher Hill of the State Department, first forged over half a century ago in it for his diligence and efforts in negoti- the crucible of the Korean War. It was Resolved, That the House of Representa- heartening to see the photographs from tives recognizes the strong alliance between ating with the North Koreans in the the Republic of Korea and the United States six-party talks. I would be remiss if I Seoul of the thousands of South Ko- and expresses appreciation to the Republic of did not also recognize a most signifi- rean citizens who gathered in a down- Korea for its contributions to international cant contribution made by the Repub- town plaza on June 6, Korea’s memo- efforts to combat terrorism. lic of China and the help that they rial day, to express their support of the have contributed in bringing the North alliance. They waved South Korean b 1530 Koreans to the negotiating table and flags and the Stars and Stripes to- The SPEAKER pro tempore. Pursu- for which the negotiations are now on- gether to show enthusiasm for the ant to the rule, the gentleman from going, hopefully to bring about a reso- strong bonds that link our two coun- American Samoa (Mr. FALEOMAVAEGA) lution to this important problem. tries. and the gentleman from Arkansas (Mr. In economic realms, Mr. Speaker, the Later this month, June 25, marks the BOOZMAN) each will control 20 minutes. U.S. relationship with the Republic of 57th anniversary of the North Korean The Chair recognizes the gentleman Korea is one of our strongest in Asia. invasion across the Demilitarized Zone. from American Samoa. The Republic of Korea was one of the This surprise attack in the early hours GENERAL LEAVE original East Asian Tigers and served of a Sunday morning sought to snuff Mr. FALEOMAVAEGA. Mr. Speaker, as a model for other countries in Asia the life out of an embryonic South Ko- I ask unanimous consent that all Mem- with its booming economic growth in rean democracy. President Harry Tru- bers may have 5 legislative days to re- the seventies, eighties and nineties. man’s immediate unflinching decision vise and extend their remarks and in- South Korea now is the United States’ to come to the aid of an embattled clude extraneous material on the reso- seventh largest trading partner in the South Korea proved that the United lution under consideration. world. States would not retreat from its ren- The SPEAKER pro tempore. Is there This resolution honors the close alli- dezvous with destiny. objection to the request of the gen- ance between the United States and Together with our South Korean and tleman from American Samoa? the Republic of Korea and recognizes other allies, we turned the tide of war There was no objection. at Inchon and preserved the South Ko- Mr. FALEOMAVAEGA. Mr. Speaker, South Korea’s important contributions rean state, which we honor as an ally I yield myself such time as I may con- to fighting not only terrorism around sume, and I rise in strong support of the world, but also welcomes a today. South Korea’s commitment to the al- the resolution. strengthening and deepening of the re- Mr. Speaker, let me first commend lationship between our two countries liance is seen in many ways, as in the our distinguished colleague and former and our peoples. 1,200 South Korean military personnel member of the Foreign Affairs Com- Mr. Speaker, when I was in Vietnam, deployed to Iraq, which makes South mittee, my good friend and colleague, I remember vividly the presence of Korea’s contribution the third largest the gentleman from New York (Mr. some 50,000 soldiers from South Korea in the coalition contingent. There is KING), for being the author of and in- who served alongside us, the U.S. also the $460 million which the Repub- troducing this important resolution. forces. I kind of like to say now you lic of Korea has pledged toward post- Mr. Speaker, the strong alliance be- know where your real friends are. war Iraq reconstruction, and there are tween the United States and the Re- I am reminded of a Chinese proverb: the close consultations we hold to- public of Korea has been a pivotal rela- there are many acquaintances, but gether in the six-party process to re- tionship in world affairs since our in- very few friends. South Korea was one solve the North Korean nuclear issue. volvement when we fought side by side of those few friends who was willing to These are the actions of a true and in the Korean war over half a century put their action where their talk is; loyal friend, for which we express our ago. Out of that conflict was born one and the fact that 50,000 soldiers were gratitude in this resolution. of the most significant dividing lines of there fighting along U.S. forces and in Let me also take this opportunity to the Cold War, a demilitarized zone on that terrible conflict that we faced in second the words of the United States the 38th parallel that splits the Korean Vietnam, I cannot help but express my forces Korea commander, General Bell, Peninsula and marked the divide be- personal commendation and apprecia- that South Korea Sergeant Yoon Jang- tween Communist Asia and democratic tion to the leaders and to the people of ho, who was South Korea’s first uni- Asia. The partnership between our two South Korea when they were there formed casualty in the war on terror, countries held this line for decades. with us when we needed help. was a hero. Sergeant Yoon was killed Today we help maintain a stable peace I visited South Korea several times February 27 by a suicide bomber in in Southeast Asia. and I consider them the most indus- Bagram, Afghanistan. In the post-Cold War period, the Re- trious people on this planet. There are This young soldier, although born in public of Korea has remained a stead- over 1 million Korean Americans living Korea, had spent his high school and fast U.S. ally. It has contributed troops in our country today, some among the college years in Indiana, graduating and pledged reconstruction funds for most prominent in the areas of science from Indiana University. He returned Iraq, and its forces are deployed in Af- and doctors. They have become law- to South Korea to complete his mili- ghanistan. As a key member of the six- yers, engineers and are in all types of tary service and volunteered for service party talks to denuclearize North businesses. I have a very strong affec- in Afghanistan. His loss was deeply Korea, it shares an important responsi- tion for the Korean people and those felt, both in his home nation of Korea bility for broader security in Northeast fellow citizens who happen to be of Ko- and his adopted hometown of Bloom- Asia. Today we are committed abso- rean ancestry. ington, Indiana. lutely to compelling the dangerous So I think this resolution is most fit- The shared mourning of the peoples North Korea regime to eliminate its ting. Again, I commend my good of two nations for this valiant soldier nuclear program. friend, the gentleman from New York, is one more concrete indication of the

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.000 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 15295 ties that bind our two nations. An- appreciation, especially to the good Since September 11, 2001 we have seen other, of course, is the talent and dyna- leaders and the people of South Korea, this bond further strengthened as Korea has mism of the 2-million-strong ethnic how much we care about them, how im- joined with the United States and other coali- Korean community in the United portant they are, how important they tion nations in supporting the Global War on States. Los Angeles represents the are to our strategic and our economic Terror both militarily and financially. Korean largest concentrated urban center of interests in that important region of President Roh truly understands this grave Korean culture outside of the Korean the world. threat and the need for it to be confronted. Peninsula. For this enriching contribu- Ms. JACKSON-LEE of Texas. Mr. Speaker, Presently, the Republic of Korea has the third tion to America’s melting pot, we are I rise today to express my strong support for largest coalition contingent of forces in Iraq. extremely grateful. H.R. 295, and, in doing so, I would first like to Korea also has troops deployed in Afghanistan I therefore urge immediate passage commend Mr. KING for introducing this resolu- and has generously pledged $460,000,000 to- of this resolution which recognizes this tion. The relationship between the United ward reconstruction and stabilization efforts in strong and enduring alliance. States and the Republic of Korea has been a post-war Iraq. Mr. Speaker, I reserve the balance of pivotal relationship in world affairs since our The U.S. and Korea also both remain deep- my time. forces fought side by side in Korean War over ly committed to the Six Party Talks and have Mr. FALEOMAVAEGA. Mr. Speaker, a half century ago. Out of that conflict marked a mutual interest in keeping the Korean Penin- I yield myself such time as I may con- the divide between communist Asia and sula free of nuclear weapons. sume. democratic Asia. The partnership between us Finally, the U.S. and Korea have been work- Mr. Speaker, again I want to com- and the Republic of Korea held the divide for ing diligently on a free trade agreement be- mend and thank my good friend for his decades, and together we helped maintain tween our two countries that will deepen eco- eloquent statement and add that this is stable peace in East Asia. nomic ties and boost trade and investment for not a partisan piece of legislation. It is In the post-Cold War world, the Republic of both countries. I am pleased that these nego- fully bipartisan. I certainly commend Korea has remained a steadfast U.S. ally. Its tiations concluded on April 1, 2007 and it is not only our distinguished chairman of forces are deployed in Afghanistan and it has my hope that the agreement will soon be the Foreign Affairs Committee, Mr. contributed troops and pledged reconstruction signed and Congress passes the required en- LANTOS, but also our senior ranking funds for Iraq. As a key member of the Six acting legislation. member, Ms. ROS-LEHTINEN, for their Party Talks to denuclearize North Korea, it Mr. Speaker, I urge the House to pass this support of this proposed legislation. shares an important responsibility for broader It is ironic that we are dealing with resolution today. security in Northeast Asia. Together, we are Mr. TOM DAVIS of Virginia. Mr. Speaker, I several pieces of legislation, earlier on committed absolutely to compelling the dan- being the Olympics, and now we are rise today in strong support of H. Res. 295. gerous North Korean regime to eliminate its This resolution recognizes the tremendous dealing with South Korea. nuclear program. I remember years ago when I at- alliance that the United States shares with the Overall, South Korea is a key partner an ally Republic of Korea. Korea has been one of this tended the Olympics in 1988 in Korea, I in the challenge of combating terrorism world- ran into a gentleman who is a Korean country’s strongest allies, both in the inter- wide. The combination of emerging terrorism national war on terror, as well as in expanding American by the name of Dr. Sammy threats and the North Korean challenge make Lee. I asked him why this Samoan free trade. Korea stands as a shining example this resolution particularly important today. of democracy in action. American was so good in the art of div- In the economic realm, too, the U.S. rela- In the 11th Congressional District of Vir- ing, perhaps one of the greatest Olym- tionship with the Republic of Korea is one of ginia, I represent a growing and vigorous Ko- pic divers ever in the history of the our strongest in Asia. For example, the Re- rean American population. Korean Americans Olympics, whose name is none other public of Korea was one of the original ‘‘East thrive in areas such as business, medicine, than Greg Louganis. I asked Dr. Asian Tigers,’’ and served as a model for law, art and athletics. According to the U.S. Sammy Lee, why is it that Greg other Asian countries with a booming eco- Louganis was such a great Olympic nomic growth in the 1970s, 80s and 90s. Cur- Census Bureau, Korean Americans own and diver? He said, Eni, look at his legs. rently, South Korea is now the United States’ operate over 130,000 businesses and employ They are Samoan legs, and the reason 7th largest trading partner in the world. over 333,000 individuals. These are prime ex- for this is that it gives him the ability Mr. Speaker, I am extremely proud to stand amples of their importance in the United to jump higher than any of his Olympic as one of cosponsors of this legislation. This States and to the growth of our economy. It is competitors. And because he can jump resolution honors the close alliance between clear to me that the strong alliance between higher than anybody, that is what the United States and the Republic of Korea, the United States and the Republic of Korea gives him the opportunity to accom- and recognizes South Korea’s important con- can be seen everyday in the neighborhoods plish more difficult flips than any of tributions to fighting against terrorism around and workplaces right here in the Washington, the other divers. By the way, Dr. the world. It also welcomes the strengthening D.C. area. Sammy Lee was also the trainer for and deepening of the relationship between our The Republic of Korea’s strong belief in up- Greg Louganis in the Olympics in 1988. two countries and our peoples. I thank all of holding individual rights and liberties serves as Another note of interest is that when my colleagues who have already signed on to an example for the entire Korean peninsula, I talked to Dr. Sammy Lee when he this bill, and I urge those who have not to sup- as well as beyond. Korea’s 2,300 troops de- was training for the Olympics, he could port this legislation. ployed in Iraq and 200 troops deployed in Af- not even train together with his fellow Mr. KING of New York. Mr. Speaker, today ghanistan indicate not only Korea’s support of white Americans while he was training I rise in support of H. Res. 295, a resolution our efforts in ending terrorism abroad, but also for the Olympics. Can you believe that? recognizing the strong alliance between the illustrate Korea’s strong commitment to So he had to invent what high diving Republic of Korea and the United States and spreading democracy throughout the world. In- boards were supposed to look like, expressing appreciation to the Republic of deed, Korea has been one of our most ardent whether it be going on cliffs or other Korea for its efforts in the Global War on Ter- and unfailing allies abroad. high platforms to allow him to practice ror. As the sponsor of this resolution, I join I encourage my colleagues to support this his diving ability. And guess what? He with over 35 of my colleagues in urging the resolution. got the gold medal for the United House to pass this resolution today. Mr. GARRETT of New Jersey. Mr. Speaker, States for the Olympics, a Korean For almost six decades, the United States today we honor an ally who is standing with American, Dr. Sammy Lee. and the Republic of Korea have maintained a us in the Global War on Terrorism. An ally I just wanted to make that as a note strong alliance that rests on a shared commit- who knows what it is like to fight for peace of interest for my colleagues and also ment to peace, democracy, and freedom not and freedom, South Korea. Just over 50 years in view of the fact that we have talked only on the Korean peninsula but throughout ago, Korea was the most violent spot on the about the Olympics and we have talked Asia and the rest of the world. The nearly planet as the North Korean government, about South Korea. 30,000 American soldiers who remain sta- backed by the Soviets and Chinese, swooped Again, Mr. Speaker, this resolution is tioned in the Republic of Korea are a testa- in to destroy the fledgling democracy in the very important to show our sense of ment to this relationship. south.

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00016 Fmt 0688 Sfmt 9920 E:\BR07\H11JN7.000 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15296 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 June 11, 2007 I am a proud cosponsor of this resolution Mr. BOOZMAN. Mr. Speaker, I have against the Jews and other minorities in Eu- which recognizes the significant contributions no further speakers, and I yield back rope, nevertheless, the policy of the United that the South Korean military has made in Af- the balance of my time. States as developed and implemented in the Department of State opposed American gov- ghanistan and in Iraq. Our South Korean allies Mr. FALEOMAVAEGA. Mr. Speaker, ernment action to save the lives of Jewish maintain the third largest contingent of per- I yield back the balance of my time. and other minorities who were being system- sonnel in Iraq, where they are helping each The SPEAKER pro tempore. The atically exterminated by the Nazi German day to rebuild that nation and spread the free- question is on the motion offered by government; dom they too earned with blood, sweat, and the gentleman from American Samoa ‘‘Whereas in 1943 and early 1944, an extraor- grit. (Mr. FALEOMAVAEGA) that the House dinary group of officials at the United States suspend the rules and agree to the reso- Department of Treasury sought to change While as many as 3,600 personnel have at those policies and Secretary of the Treasury some time served, currently 2,300 work in the lution, H. Res. 295, as amended. Henry Morgenthau directed the preparation country to provide medical services, build and The question was taken; and (two- of a memorandum to the President of the repair roads, power lines, schools, and other thirds being in the affirmative) the United States urging more direct and force- public works. rules were suspended and the resolu- ful American action to aid Jewish victims of The Republic of Korea has contributed both tion, as amended, was agreed to. the Nazi atrocities, and this document, pre- men and money to rebuilding Iraq because The title was amended so as to read: pared by Josiah DuBois, Jr., Assistant Gen- ‘‘A resolution recognizing the strong eral Counsel of the Treasury Department, they know how difficult it is to rise from the and John Pehle, a 33-year-old attorney in the ashes of war. Since the end of the Korean alliance between the Republic of Korea Foreign Funds Control unit of the Treasury War, the people of South Korea have built one and the United States and expressing Department, was presented to President of the world’s most modern and dynamic appreciation to the Republic of Korea Franklin D. Roosevelt by Secretary Morgen- economies. for its contributions to international thau, Randolph Paul and Pehle on January We hope that the Iraqi and Afghani people efforts to combat terrorism.’’. 16, 1944; can look to the South Korean model to de- A motion to reconsider was laid on Whereas President Roosevelt signed Execu- tive Order 9417 on January 22, 1944, affirming velop into a peaceful and prosperous nation. the table. that ‘‘it is the policy of this Government to We thank the Republic of Korea and the Ko- f take all measures within its power to rescue rean people for their sacrifice and their stand RECOGNIZING JOHN PEHLE FOR the victims of enemy oppression who are in for freedom. imminent danger of death and otherwise af- HIS CONTRIBUTIONS IN HELPING Ms. BORDALLO. Mr. Speaker, I rise today ford such victims all possible relief and as- RESCUE JEWS AND OTHER MI- in strong support of H. Res. 295, a resolution sistance consistent with the successful pros- NORITIES FROM THE HOLOCAUST that recognizes the strong alliance between ecution of the war’’ and creating the War the Republic of Korea and the United States Ms. WOOLSEY. Mr. Speaker, I move Refugee Board, composed of the Secretaries to suspend the rules and agree to the of State, Treasury and War, to carry out this and further expresses appreciation to the Re- policy; public of Korea for its efforts in the global war resolution (H. Res. 226) to recognize Whereas John Pehle was appointed the against terrorism. The dynamic and strong re- John Pehle for his contributions to the Acting Executive Director and subsequently lations that exist between the United States Nation in helping rescue Jews and Executive Director of the Board and Josiah and Republic of Korea serve as a model for other minorities from the Holocaust DuBois, Jr. was appointed General Counsel partnerships the United States must continue during World War II, as amended. of the Board; The Clerk read the title of the resolu- Whereas on January 25, 1944, the Board to seek to establish and cultivate with other issued a critically important diplomatic countries within the Asia-Pacific region and tion. cable to all United States diplomatic mis- throughout the world. The text of the resolution is as fol- sions abroad ordering that ‘‘action be taken The contributions made by the government lows: to forestall the plot of the Nazis to extermi- of the Republic of Korea toward helping battle H. RES. 226 nate the Jews and other persecuted minori- terrorism are vital to providing for safety and Whereas some 6,000,000 Jews were slaugh- ties in Europe’’ and developed new programs security throughout the world. The efforts on tered pursuant to Adolf Hitler’s diabolical to increase the flow of Jewish and other refu- plan for the total extermination of the Jews gees from Nazi persecution to neutral coun- the part of the Republic of Korea to help fight tries in Europe, including Turkey, Portugal, terrorists in Afghanistan and Iraq and help de- during the Third Reich, and even more would have perished had it not been for the efforts Switzerland, Spain, and Sweden, from where velop democratic governance, strengthen civil of a number of United States Government of- they were assisted to go to North America, society, and establish stronger economies in ficials who spoke out forcefully against Palestine and North and South America; Whereas the Board assisted the Inter- those countries are of particular importance to American policy and persuaded President national Red Cross to provide food parcels to the United States and our allies. These mis- Franklin D. Roosevelt of the need for ex- ‘‘stateless’’ civilians in internment camps, to traordinary measures to save Jewish lives; sions are challenging ones. Their eventual, support and protect some 3,000,000 Allied and ‘‘Whereas on November 9, 1943—the 5th an- positive outcomes are less than certain at this Axis prisoners of war, and to streamline Fed- niversary of Kristallnacht, when pogroms point. The commitment to achieving success eral licensing procedures for the trans- against Jews and the burning of synagogues in Operation Enduring Freedom and Operation mission of funds to pay for Red Cross relief and Jewish businesses and homes were car- supplies and rescue operations, thus saving Iraqi Freedom displayed by the Republic of ried out throughout Nazi Germany—iden- the lives of thousands of Jews and other in- Korea is commendable and an important com- tical Congressional resolutions were intro- ponent of the Coalition force structure. ternees; duced in both houses of Congress calling for Whereas in April 1944, John Pehle, on be- Efforts on the part of South Korea to en- the creation of a United States Government half of the War Refugee Board, urged all neu- courage the government of North Korea to act commission ‘‘to formulate and effectuate a tral nations to increase their diplomatic rep- in a responsible manner with respect to its plan of immediate action designed to save resentation in Hungary to help prevent the misguided pursuit of nuclear weapons and bal- the surviving Jewish people of Europe from accelerating deportation of Jews to Ausch- listic missile technology are also of paramount extinction at the hands of Nazi Germany’’; witz-Birkenau and other Nazi extermination ‘‘Whereas the Senate version was intro- importance at this time to the United States camps and to begin providing vital funding duced by Senator Guy Gillette of Iowa with and other resources to assist in saving Hun- and our allies. I am encouraged by the strong the support of Elbert Thomas of Utah and partnership that has been formed between the garian Jews from concentration and extermi- Edwin Johnson of Colorado and was unani- nation camps; United States and South Korea and other mously approved in the Senate Foreign Rela- Whereas the War Refugee Board sought out countries with respect to this issue. tions Committee on December 20, 1943, and Swedish citizen Raoul Wallenberg and, with I welcome the opportunity to continue to scheduled for a full Senate vote in early 1944; the support of the Swedish government and work with our South Korean allies toward en- Whereas the House version was introduced its legation in Budapest, supported one of suring a more peaceful, stable, and pros- by Representative Will Rogers, Jr., of Cali- the most extensive and successful rescue ef- perous Asia-Pacific region and world. I am fornia and extensive hearings on the resolu- forts during the Holocaust; and tion were held by the House Foreign Affairs Whereas subsequent academic studies have confident that the United States and South Committee; credited the War Refugee Board with res- Korea will develop even stronger political, eco- ‘‘Whereas United States Government agen- cuing as many as 200,000 Jews from Nazi oc- nomic, and security ties in the years ahead. I cies were receiving extensive credible infor- cupied countries through the efforts of urge my colleagues to support this resolution. mation about the extent of Nazi atrocities Wallenberg and others: Now, therefore, be it

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.000 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 15297 Resolved, That the House of Representa- manded that every person, no matter Henry Morganthau, Joseph DuBois, and tives— their ethnic background, be treated John Pehle, were instrumental in sav- (1) honors the efforts and contributions of justly and humanely. The people serv- ing thousands of lives during the Nazi those who worked for the establishment of ing the War Refugee Board sent a his- extermination policy. the War Refugee Board and for a more active H. Res. 226 recognizes and honors United States policy to rescue Jews and toric cable to the diplomatic missions other victims of Nazi repression who were in ordering that ‘‘action be taken to fore- these government officials for their ef- imminent danger of death and to provide stall the plot of the Nazis to extermi- forts, and I urge support for this legis- these persecuted minorities with relief and nate the Jews and other persecuted mi- lation. assistance during World War II; and norities in Europe.’’ Mr. Speaker, I yield back the balance (2) commends in particular the actions of of my time. Secretary of Treasury Henry Morgenthau, b 1545 Ms. WOOLSEY. Mr. Speaker, I yield Josiah DuBois, Jr., and John Pehle for their They developed new programs to in- such time as he may consume to the dedication and devotion to helping rescue crease the flow of Jewish and other ref- gentleman from American Samoa (Mr. Jews and other persecuted minorities in the ugees from Nazi persecution to neutral FALEOMAVAEGA), chairman of the For- Holocaust. countries. eign Affairs Subcommittee on Asia, the The SPEAKER pro tempore. Pursu- After the horror of the concentration Pacific and the Global Environment. ant to the rule, the gentlewoman from camps and extermination campaigns Mr. FALEOMAVAEGA. Mr. Speaker, California (Ms. WOOLSEY) and the gen- were revealed, the world said ‘‘never I want to commend the gentlewoman tleman from Arkansas (Mr. BOOZMAN) again.’’ from California (Ms. WOOLSEY) not each will control 20 minutes. And yet, Mr. Speaker, we look only as chief sponsor of this proposed The Chair recognizes the gentle- around the world to see hauntingly legislation, but also for her leadership woman from California. similar events occurring, particularly and her compassion and commitment GENERAL LEAVE in places like Darfur. Mr. Speaker, if in the field of human rights for fellow Ms. WOOLSEY. Mr. Speaker, I ask we truly wish to honor the memory of human beings all over the world. unanimous consent that all Members the Holocaust victims, we must come I cannot help but stand here on the may have 5 legislative days to revise together to stand up in the face of big- floor and share with my colleagues and extend their remarks and include otry and hatred all around the world some of the thoughts that came to my extraneous material on the resolution today. The action of the War Refugee mind when my colleague from Cali- under consideration. Board is an amazing example of cour- fornia was explaining about the provi- The SPEAKER pro tempore. Is there age, human kindness, and compassion. sions of this important legislation. Usually I am not a person who gets objection to the request of the gentle- Today, we rise to recognize their emotional watching movies, but re- woman from California? service to this country and to human- cently I watched the movie ‘‘Freedom There was no objection. kind. We rise to remember the Jews Riders.’’ I cannot help but recall the Ms. WOOLSEY. Mr. Speaker, I yield and minorities who perished under a experience that these teenagers in myself such time as I may consume. reign of terror. But it is with hope that Long Beach went through, and how Mr. Speaker, I rise in strong support we look to the future, a future of peace creative this teacher was in trying to of this resolution. and human dignity where ‘‘never get kids who were from basically low- Mr. Speaker, I thank Mr. LANTOS, again’’ means never again. income areas and who had no idea or chairman of the committee and my Mr. Speaker, I reserve the balance of concept what it means to read. Some- Bay Area neighbor, for working so my time. how the teacher was able to get these closely with me to bring this resolu- Mr. BOOZMAN. Mr. Speaker, I yield high school students to read ‘‘The tion to the floor today. As the only myself such time as I may consume. Diary of Anne Frank.’’ It got to the Holocaust survivor in the Congress, his Mr. Speaker, H. Res. 226 recognizes point where the students became so in- support of this resolution means very American government officials who terested in what happened when they much to all of us, and particularly to played a critical role in the creation of read this book, ‘‘The Diary of Anne me. the War Refugee Board in an effort to Frank,’’ that they invited a Holocaust H. Res. 226 is a resolution to recog- help rescue Jews and other persecuted survivor to speak to them in Los Ange- nize American government officials minorities during the Holocaust. les. She testified personally what it who played a critical role in the cre- In the early stage of World War II, meant to be not only a prisoner but I ation and activity of the War Refugee there was an extensive flow of informa- would say a slave during the Nazi pe- Board in an effort to help rescue Jews tion about the extent of Jews and other riod and the terrible time that the and other persecuted minorities during minorities being systematically mur- Jewish people went through during the years of the Holocaust. dered by the Nazi regime. that period of their history. Because of their actions and because A heroic group of U.S. Government I thank Chairman LANTOS not only of their bravery, an unknown number officials from the Treasury Depart- for his leadership, but as a Holocaust of people were saved from the horrific ment, including Secretary of the Treas- survivor himself, I cannot think of a reign of Adolf Hitler and his followers. urer, Henry Morganthau, as well as Jo- better person who can share with our Specifically, we are commending the seph DuBois and John Pehle, urged colleagues what it means to be part of actions of Secretary of Treasury Henry President Franklin Roosevelt to take that period and the pain and suffering Morgenthau, Josiah DuBois and John more direct and forceful action to help 6 million Jews went through during Pehle for their dedication and devotion the victims of the Nazi atrocities. that process. to helping rescue Jews and other per- President Roosevelt later signed an I recall a statement made by one of secuted minorities during the Holo- executive order creating the War Ref- the great poet philosophers, Santa- caust. ugee Board. Mr. John Pehle became the yana, who said: ‘‘Those who don’t re- To many, World War II and the Holo- executive director of the board which member the past are condemned to re- caust may seem long, long, long ago. helped to rescue Jews and other vic- peat it.’’ Some say why should we For others, however, this is a memory tims of Nazi persecution and prevented worry, this happened in the past. Why which will be imprinted in their soul thousands of people from dying in ex- worry about it. I think we have to re- forever. Six million Jews were killed termination camps. member so these things never happen under the brutal and evil reign of Adolf Furthermore, the board assisted the again. Hitler while many countries turned a International Red Cross to provide food Yes, I visit the Holocaust Museum blind eye to their ethnic cleansing and and shelter to over 3 million prisoners and what do I say: Never again. Never genocide. of war. Efforts by those who worked to again. That racism and bigotry and ha- During this dark time, some brave establish the War Refugee Board, par- tred should never be a part of the leg- men and women stood up and de- ticularly of Secretary of Treasury acy of our great Nation.

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.000 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15298 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 June 11, 2007 I commend my friend from California comprised of 30 employees and allocated $1 SECTION 1. PROHIBITION ON SALE BY DEPART- for bringing this resolution before the MENT OF DEFENSE OF PARTS FOR million to carry out its tasks. F–14 FIGHTER AIRCRAFT. Members for their consideration, and I With the generous financial assistance of thousands of American Jews and others, the (a) FINDINGS.—Congress makes the fol- urge my colleagues to support this bill. lowing findings: Mr. BOOZMAN. Mr. Speaker, I ask War Refugee Board was able to save as (1) The Department of Defense is respon- unanimous consent to reclaim 30 sec- many as 200,000 Jews and other persecuted sible for demilitarizing and auctioning off onds of my time. minorities. Of those, 15,000 were evacuated sensitive surplus United States military The SPEAKER pro tempore. Is there from areas controlled by Germany and its al- equipment. objection to the request of the gen- lies, 48,000 were transferred from Transnistria (2) F–14 ‘‘Tomcat’’ fighter aircraft have re- tleman from Arkansas? to safe areas of Romania, and at least another cently been retired, and their parts are being There was no objection. 10,000 were protected throughout other parts made available by auction in large quan- Mr. BOOZMAN. Mr. Speaker, I am re- of Axis Europe by War Refugee Board funded tities. (3) Iran is the only country, besides the miss in not complimenting the gentle- underground activities. Additionally, through United States, flying F–14 fighter aircraft woman from California for bringing their assistance to the International Red and is purchasing surplus parts for such air- this forward. It is very, very important Cross, the War Refugee Board helped to pro- craft from brokers. that we do remember what people have vide food parcels to civilians in internment (4) The Government Accountability Office done and when good people have camps as well as support and protection for has, as a result of undercover investigative stepped forward. some 3,000,000 Allied and Axis prisoners of work, declared the acquisition of the surplus We are sitting here and you always war. United States military equipment, including want to do your best on the pronuncia- In passing this legislation, the House will parts for F–14 fighter aircraft, to be disturb- tion of names, and it is sad we don’t recognize not only the noble efforts of the War ingly effortless. (5) Upon the seizure of such sensitive sur- know these names better than we do. I Refugee Board, but also the efforts of those plus military equipment being sold to Iran, think you bringing forward this resolu- Government officials who made it their per- United States customs agents have discov- tion, again it just highlights the im- sonal mission to ensure that America’s poli- ered these same items, having been resold by portance that we do remember what cies abroad reflected our Nation’s ideals of the Department of Defense, being brokered has happened in the past and we keep justice and compassion. The work of John illegally to Iran again. it from happening in the future. Pehle, Henry Morgenthau, Josiah Dubois, and (6) Iran is pursuing a nuclear weapons ca- Mr. Speaker, I yield back the balance the War Refugee Board embodied the Amer- pability, and the Department of State has of my time. ican tradition of reaching out to those most in identified Iran as the most active state spon- sor of terrorism. Ms. WOOLSEY. Mr. Speaker, I would need and helped make America the beacon of (7) Iran continues to provide funding, safe like to thank the gentleman from hope it has come to symbolize for so many. haven, training, and weapons to known ter- American Samoa and the gentleman Mr. Speaker, at a time when America’s rorist groups, including Hizballah, HAMAS, from Arkansas for their kind words. moral authority is questioned as strongly as it the Palestine Islamic Jihad, and the Popular Mr. HASTINGS of Florida. Mr. Speaker, is today, it is important to remember those Front for the Liberation of Palestine. while we often celebrate the efforts of those Americans in our history who have worked (8) The sale of spare parts for F–14 fighter who admirably risked their lives to protect oth- tirelessly to ensure the United States meets aircraft could make it more difficult to con- ers during the Holocaust, there remain many the ethical responsibility that comes with our front the nuclear weapons capability of Iran and would strengthen the ground war capa- whose efforts have gone largely unnoticed. standing in the world. Ms. WOOLSEY. Mr. Speaker, I yield bility of Iran. To prevent these threats to re- The American Government officials who gional and global security, the sale of spare helped create the War Refugee Board may back the balance of my time. parts for F–14 fighter aircraft should be pro- not have put their lives in danger, but their ef- The SPEAKER pro tempore. The hibited. forts on behalf of the victims of Nazi power question is on the motion offered by (b) PROHIBITION ON SALE BY DEPARTMENT OF helped save thousands. the gentlewoman from California (Ms. DEFENSE.— As early as 1942, our Government had re- WOOLSEY) that the House suspend the (1) IN GENERAL.—Notwithstanding any ceived extensive, credible information con- rules and agree to the resolution, H. other provision of law and except as provided firming the atrocities being committed against Res. 226, as amended. in paragraph (2), the Department of Defense The question was taken; and (two- may not sell (whether directly or indirectly) Jews and other minorities throughout Europe. any parts for F–14 fighter aircraft, whether In spite of these substantiated reports of Nazi thirds being in the affirmative) the rules were suspended and the resolu- through the Defense Reutilization and Mar- instigated genocide, the United States Govern- keting Service or through another agency or ment refused to assist those in need of our tion, as amended, was agreed to. element of the Department. The title was amended so as to read: help, choosing instead to pursue a policy tan- (2) EXCEPTION.—Paragraph (1) shall not tamount to acquiescence. ‘‘A resolution to recognize American apply with respect to the sale of parts for F– John Pehle, a young lawyer in the Treasury government officials who played a crit- 14 fighter aircraft to a museum or similar or- Department, however, chose to act. He, along ical role in the creation and activity of ganization located in the United States that with Josiah Dubois, Assistant General Counsel the War Refugee Board in an effort to is involved in the preservation of F–14 fight- er aircraft for historical purposes. of the Treasury Department, and Treasury help rescue Jews and other persecuted (c) PROHIBITION ON EXPORT LICENSE.—No li- Secretary Henry Morgenthau, took it upon minorities during the Holocaust.’’. A motion to reconsider was laid on cense for the export of parts for F–14 fighter themselves to ensure the American Govern- the table. aircraft to a non-United States person or en- ment not only acknowledged the crimes being tity may be issued by the United States Gov- committed in Europe, but also played an ac- f ernment. tive role in aiding those suffering at the hands PROHIBITION ON SALE BY DE- The SPEAKER pro tempore. Pursu- of Adolf Hitler and his Nazi collaborators. In PARTMENT OF DEFENSE OF ant to the rule, the gentlewoman from 1943, they presented a memorandum to Presi- PARTS FOR F–14 FIGHTER AIR- Arizona (Ms. GIFFORDS) and the gen- dent Franklin D. Roosevelt urging him to take CRAFT tleman from Arkansas (Mr. BOOZMAN) immediate action to assist the victims of Nazi Ms. GIFFORDS. Mr. Speaker, I move each will control 20 minutes. crimes. to suspend the rules and pass the bill The Chair recognizes the gentle- Largely as a result of these men’s efforts, (H.R. 1441) to prohibit the sale by the woman from Arizona. President Roosevelt created the War Refugee Department of Defense of parts for F–14 GENERAL LEAVE Board on January 22, 1944. Roosevelt stated fighter aircraft, as amended. that through the work of the Board, the United The Clerk read the title of the bill. Ms. GIFFORDS. Mr. Speaker, I ask States would ‘‘take all measures within its The text of the bill is as follows: unanimous consent that all Members power to rescue the victims of enemy oppres- H.R. 1441 may have 5 legislative days to revise sion . . . to afford such victims all possible re- Be it enacted by the Senate and House of Rep- and extend their remarks and include lief and assistance.’’ Despite its monumental resentatives of the United States of America in extraneous material on the bill under mission, the War Refugee Board was only Congress assembled, consideration.

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.000 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 15299 The SPEAKER pro tempore. Is there We cannot take the risk that compo- Further, as to any House-Senate con- objection to the request of the gentle- nents unique to the F–14 could be re- ference on the bill, I understand that your woman from Arizona? sold to Iran. The text of this bill was Committee reserves the right to seek the ap- There was no objection. included in the fiscal year 2008 defense pointment of conferees for consideration of portions of the bill that are within the Com- Ms. GIFFORDS. Mr. Speaker, I yield authorization bill, H.R. 1585, as section mittee’s jurisdiction, and I agree to support myself such time as I may consume. 1049. a request by the Committee with respect to I rise today in strong support of H.R. The House Armed Services Com- serving as conferees on the bill, consistent 1441, a bill that will put an end to mili- mittee approved the language in its with the Speaker’s practice in this regard. tary surplus sales that may inadvert- markup of that bill, and the House I will ensure that our exchange of letters is ently be helping to sustain Iran’s Air Committee on Foreign Affairs has al- included in any Committee report on the bill Force. ready marked up the specific bill and and in the CONGRESSIONAL RECORD at the First, I would like to thank Chair- has reported it favorably. time of consideration by the whole House. I look forward to working with you on this man LANTOS and Chairman SKELTON Mr. Speaker, we must take the re- sponsibility to ensure that our mili- important legislation. for their leadership on this issue. I ap- Cordially, tary hardware never falls into the preciate the opportunity to discuss this TOM LANTOS, critical national security issue. hands of nations hostile to the United Chairman. States and can never be used against The background to this problem be- Mr. Speaker, I reserve the balance of our men and women in uniform and not gins in the 1970s when our country sold my time. used against our allies. F–14 Tomcats to Iran’s pro-Western Mr. BOOZMAN. Mr. Speaker, I yield secular government. Iran was a close I urge my colleagues to support H.R. 1441. myself such time as I may consume. ally of the United States at the time I would like to thank Representative and needed the capabilities of the F–14 I include for the RECORD an exchange of letters related to this bill between GIFFORDS for her leadership on this in a dangerous part of the world. Times issue, as well as Chairman LANTOS for have changed, unfortunately. And Iran Chairman SKELTON of the Armed Serv- ices Committee and Chairman LANTOS sponsoring the committee amendment has now called for the destruction of clarifying the intent and impact of this Israel and is refining uranium in what of the Foreign Affairs Committee. JUNE 8, 2007. legislation. many observers from the non-prolifera- Hon. TOM LANTOS, Earlier this year as a result of the tion community believe is an attempt Chairman, Committee on Foreign Affairs, Ray- Federal sting operation, Congress to develop the fuel necessary for an burn House Office Building, Washington, learned that Iran had illegally pur- atomic weapon. DC. chased parts for F–14 fighter planes Iran is a state sponsor of terrorism DEAR MR. CHAIRMAN, On March 27, 2007, the from a U.S. military surplus store. Ac- Committee on Foreign Affairs ordered re- and is likely responsible for arming in- cording to investigators, the incident surgents in Iraq. Iran has ignored the ported favorably H.R. 1441, ‘‘The Stop Arm- ing Iran Act.’’ This legislation contains sub- was just one piece of a larger ring of il- calls of the international community ject matter within the jurisdiction of the legally sold military surplus parts that for greater transparency in its nuclear House Committee on Armed Services, and found their way to China and Iran. power research and development, and thus, was sequentially referred to the Com- The report prompted the Pentagon’s the United Nations Security Council mittee on Armed Services by the Parliamen- Defense Logistics Agency to suspend recently imposed stricter economic tarian for the House. sales of the F–14 components. sanctions on Iran as a result. Our Committee recognizes the importance When the United States Navy retired of H.R. 1441 and the need for the legislation b 1600 the F–14 fleet last September, that left to move expeditiously. Therefore, while we Military surplus offices are supposed have a valid claim to jurisdiction over this Iran as the only nation still flying legislation, the Committee on Armed Serv- to demilitarize parts, which would those aircraft. Iran has been trying to ices will waive further consideration of H.R. render them useless for military pur- get around United States sanctions and 1441. I do so with the understanding that by poses. export controls to secure the parts nec- waiving further consideration of the bill, the They are also allowed to auction the essary to keep the F–14 flying. Recent Committee does not waive any future juris- parts but only to buyers who promise undercover investigations and reports dictional claims over similar measures. In to obey U.S. arms embargoes, export have made it clear that Iran may have the event of a conference with the Senate on controls, and other laws. That was not been successful. this bill, the Committee on Armed Services the case, however, with these par- reserves the right to seek the appointment of Following an undercover investiga- conferees. ticular F–14 parts. tion, the GAO reported in 2006 that ac- I would appreciate the inclusion of this let- As Members are aware, Tehran is in quiring surplus military hardware not ter and a copy of the response in your Com- search of several key components for properly demilitarized is disturbingly mittee’s report on H.R. 1441 and in the CON- its aging fleet of F–14 Tomcat jets, easy. GRESSIONAL RECORD during consideration of which the United States sold to Iran In January of this year, the Associ- the measure on the House floor. prior to its 1979 Islamic revolution. ated Press reported that front compa- Very truly yours, This bill will add another layer of pro- IKE SKELTON nies were able to secretly purchase Chairman. tection to the extensive array of export military parts for resale in Iran. Iran is sanctions already imposed on Iran the only nation still using the F–14. JUNE 8, 2007. under the International Economic There are no other legitimate buyers Hon. IKE SKELTON, Emergency Powers Act and related ex- overseas. Chairman, Committee on Armed Services, House ecutive orders. In order to address this issue, I of Representatives, Rayburn House Office The committee amendment recog- worked with my colleague from New Building, Washington, DC. nizes these facts and adjusts the title DEAR MR. CHAIRMAN: Thank you for your Mexico, Mr. PEARCE. And after a joint letter regarding H.R. 1441, an Act to of the bill to more accurately reflect trip to Israel, we introduced H.R. 1441, Strengthen Controls on the Export of Sur- the purpose of the bill. which will prevent the United States plus F–14 Fighter Aircraft Parts. Mr. Speaker, given the clear and Government from selling approxi- I appreciate your willingness to work coop- present danger Iran poses to the na- mately 10,000 parts that are unique eratively on this legislation. I recognize that tional security interests of the United only to the F–14 Tomcat. the bill contains provisions that fall within States and to the broader peace and This legislation will prohibit the the jurisdiction of the Committee on Armed stability of the Middle East, this is an military, as well as any other private Services. I acknowledge that your Com- appropriate and timely measure for our mittee will not seek a sequential referral of company, from selling F–14-specific the bill and agree that the inaction of your consideration today. parts. It is also, Mr. Speaker, a com- Committee with respect to the bill does not I want to thank again Ms. GIFFORDS plete ban on all international sales of in any way serve as a jurisdictional prece- and Mr. PEARCE, and I support the parts specific to the F–14. dent as to our two committees. adoption of the resolution.

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.000 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15300 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 June 11, 2007 Mr. Speaker, I reserve the balance of The question was taken; and (two- REPORT ON RESOLUTION PRO- my time. thirds being in the affirmative) the VIDING FOR CONSIDERATION OF Ms. GIFFORDS. Mr. Speaker, I would rules were suspended and the bill, as H.R. 2638, DEPARTMENT OF like to thank the gentleman from Ar- amended, was passed. HOMELAND SECURITY APPRO- kansas for his comments, and I indeed The title was amended so as to read: PRIATIONS ACT, 2008 think that this is an important piece of ‘‘A bill to strengthen controls on the Mr. HASTINGS of Florida, from the legislation that will further support export of surplus parts for F–14 fighter Committee on Rules, submitted a priv- our interests abroad and make sure aircraft.’’ ileged report (Rept. No. 110–184) on the that parts like the F–14 Tomcat are not A motion to reconsider was laid on resolution (H. Res. 473) providing for sold to the Iranians. the table. consideration of the bill (H.R. 2638) Mr. PEARCE. Mr. Speaker, we must utilize f making appropriations for the Depart- every resource available while fighting the ment of Homeland Security for the fis- Global War on Terror. Currently, we are fight- COMMUNICATION FROM CHIEF OF cal year ending September 30, 2008, and ing two major combat operations in Iraq and STAFF OF HON. JO ANN DAVIS, for other purposes, which was referred Afghanistan which are critical to implementing MEMBER OF CONGRESS to the House Calendar and ordered to democracy and peace throughout the Middle The SPEAKER pro tempore laid be- be printed. East. In both these areas we have a common fore the House the following commu- f enemy that continues to increase its forces. nication from Chris Connelly, Chief of Recent reports have shown that Iran is sup- Staff, Office of the Honorable JO ANN ANNOUNCEMENT BY THE SPEAKER plying arms to both the terrorists in Iraq and DAVIS, Member of Congress: PRO TEMPORE the Taliban in Afghanistan. JUNE 7, 2007. The SPEAKER pro tempore. Pursu- Every night on the news we see the price Hon. NANCY PELOSI, we pay in a two front war against a sinister Speaker, House of Representatives, ant to clause 8 of rule XX, proceedings and studious enemy. It is difficult enough to Washington, DC. will resume on motions to suspend the fight an insurgency inspired by hatred, let DEAR MADAM SPEAKER: This is to notify rules previously postponed. alone an enemy supported by a sovereign na- you formally, pursuant to Rule VIII of the Votes will be taken in the following tion such as Iran. Rules of the House of Representatives, that I order: have been served with a subpoena, issued by H.R. 2356, by the yeas and nays; Reports of Iranian weapons and funds sur- the Circuit Court of the City of Richmond, facing both in Iraq and Afghanistan are indica- S. 676, by the yeas and nays; Virginia, for documents in a civil case. H. Res. 418, by the yeas and nays. tors that Iran is willing to use other countries After consultation with the Office of Gen- to attack American interests without having to eral Counsel, I have determined that compli- The first electronic vote will be con- sacrifice their own sons and daughters. We ance with the subpoena is consistent with ducted as a 15-minute vote. Remaining are fighting a cowardly enemy which uses oth- the precedents and privileges of the House. electronic votes will be conducted as 5- ers to do its dirty work for them. This is state Sincerely, minute votes. CHRIS CONNELLY, sponsored terrorism and we must take steps f Chief of Staff. to cut off the resources they use to fund our enemies. f ENCOURAGING DISPLAY OF THE In addition, under the guise of energy devel- FLAG ON FATHER’S DAY COMMUNICATION FROM THE opment, Iran continues a program that puts The SPEAKER pro tempore. The un- CLERK OF THE HOUSE them closer and closer to developing weapons finished business is the vote on the mo- grade plutonium. I have severe reservations The SPEAKER pro tempore laid be- tion to suspend the rules and pass the allowing this program continue until Iranian fore the House the following commu- bill, H.R. 2356, on which the yeas and President Ahmadinejad can unequivocally nication from the Clerk of the House of nays were ordered. prove that he does not have intentions of Representatives: The Clerk read the title of the bill. someday creating and using a nuclear war- JUNE 6, 2007. The SPEAKER pro tempore. The head against the United States, Israel, Europe Hon. NANCY PELOSI, question is on the motion offered by or other Allies. Speaker, House of Representatives, the gentlewoman from Wisconsin (Ms. Washington, DC. This legislation is crucial in the Global War BALDWIN) that the House suspend the on Terror because it is a tangible indicator to DEAR MADAM SPEAKER: Pursuant to 44 U.S.C. 2702, I hereby appoint as a member of rules and pass the bill, H.R. 2356. Iran, and all other nations which harbor or the Advisory Committee on the Records of The vote was taken by electronic de- sponsor terrorist tactics in any form, that we Congress the following person: Mr. Bernard vice, and there were—yeas 386, nays 0, will not allow the violence to escalate any fur- Forrester, Houston, Texas. not voting 46, as follows: ther. By preventing the sale of F–14s in whole With best wishes, I am [Roll No. 448] or part to Iran we will be cutting off the supply Sincerely, YEAS—386 of arms that may someday be used to kill LORRAINE C. MILLER, Clerk. Abercrombie Blumenauer Capito American soldiers. Ackerman Blunt Capps I congratulate my colleague and Congres- f Aderholt Boehner Capuano sional neighbor from Arizona for her hard work Alexander Bonner Cardoza RECESS Altmire Bono Carnahan and dedication to this issue. It is important for Andrews Boozman Carney our safety as a country, as well as the world’s The SPEAKER pro tempore. Pursu- Arcuri Boren Carter freedom from terrorism, that we cut off the ant to clause 12(a) of rule I, the Chair Baca Boswell Castle supply of F–14 parts to Iran. I call to my declares the House in recess until ap- Bachmann Boustany Castor Bachus Boyd (FL) Chabot friends on both sides of the aisle for over- proximately 6:30 p.m. today. Baird Boyda (KS) Chandler whelming bipartisan support of this legislation. Accordingly (at 4 o’clock and 2 min- Baker Brady (PA) Clarke Ms. GIFFORDS. Mr. Speaker, I have utes p.m.), the House stood in recess Baldwin Brady (TX) Clay no further requests for time, and I Barrett (SC) Braley (IA) Cleaver until approximately 6:30 p.m. Barrow Brown (SC) Clyburn yield back the balance of my time. f Bartlett (MD) Brown-Waite, Coble Mr. BOOZMAN. Mr. Speaker, I yield Bean Ginny Cohen back the balance of my time. b 1830 Becerra Buchanan Cole (OK) The SPEAKER pro tempore. The Berkley Burgess Conaway AFTER RECESS Berman Burton (IN) Conyers question is on the motion offered by Berry Butterfield Cooper the gentlewoman from Arizona (Ms. The recess having expired, the House Biggert Buyer Costello GIFFORDS) that the House suspend the was called to order by the Speaker pro Bilbray Calvert Courtney Bilirakis Camp (MI) Cramer rules and pass the bill, H.R. 1441, as tempore (Mrs. JONES of Ohio) at 6 Bishop (NY) Cannon Crenshaw amended. o’clock and 30 minutes p.m. Blackburn Cantor Cuellar

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.000 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 15301 Cummings Kanjorski Payne Walden (OR) Weiner Wilson (SC) Braley (IA) Graves McKeon Davis (AL) Kaptur Pearce Walsh (NY) Welch (VT) Wolf Brown (SC) Green, Al McMorris Davis (CA) Keller Pence Walz (MN) Weldon (FL) Woolsey Brown-Waite, Green, Gene Rodgers Davis (KY) Kennedy Perlmutter Wasserman Weller Wu Ginny Grijalva McNerney Davis, David Kildee Peterson (MN) Schultz Westmoreland Wynn Buchanan Hall (NY) McNulty Davis, Tom Kilpatrick Peterson (PA) Waters Whitfield Yarmuth Burgess Hall (TX) Meehan Deal (GA) Kind Petri Watson Wicker Young (AK) Burton (IN) Hare Meek (FL) DeFazio King (IA) Pickering Watt Wilson (NM) Young (FL) Butterfield Hastert Meeks (NY) DeGette Kingston Pitts Waxman Wilson (OH) Buyer Hastings (FL) Melancon Delahunt Kirk Platts Calvert Hastings (WA) Mica DeLauro Klein (FL) Poe NOT VOTING—46 Camp (MI) Hayes Michaud Dent Kline (MN) Pomeroy Akin Doolittle Kucinich Cannon Heller Miller (FL) Diaz-Balart, L. Knollenberg Porter Allen Doyle Larson (CT) Cantor Hensarling Miller (MI) Diaz-Balart, M. Kuhl (NY) Price (GA) Barton (TX) Edwards Marchant Capito Herger Miller (NC) Dicks LaHood Price (NC) Bishop (GA) Everett Pascrell Capps Herseth Sandlin Miller, Gary Dingell Lamborn Pryce (OH) Bishop (UT) Feeney Radanovich Capuano Higgins Miller, George Doggett Lampson Putnam Boucher Gordon Rush Cardoza Hill Mitchell Donnelly Langevin Rahall Carnahan Hinchey Mollohan Brown, Corrine Gutierrez Sessions Drake Lantos Ramstad Carney Hirono Moore (KS) Campbell (CA) Harman Shadegg Dreier Larsen (WA) Rangel Carson Hinojosa Carson Hobson Moore (WI) Smith (WA) Duncan Latham Regula Costa Hooley Carter Hodes Moran (KS) Space Ehlers LaTourette Rehberg Crowley Hunter Castle Hoekstra Moran (VA) Stark Ellison Lee Reichert Cubin Israel Castor Holden Murphy (CT) Ellsworth Levin Renzi Culberson Johnson (IL) Udall (CO) Chabot Holt Murphy, Patrick Emanuel Lewis (CA) Reyes Davis (IL) Johnson, E. B. Wamp Chandler Honda Murphy, Tim Emerson Lewis (GA) Reynolds Davis, Jo Ann Kagen Wexler Clarke Hoyer Musgrave Engel Lewis (KY) Rodriguez Davis, Lincoln King (NY) Clay Hulshof Myrick English (PA) Linder Rogers (AL) Cleaver Inglis (SC) Nadler Eshoo Lipinski Rogers (KY) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Clyburn Inslee Napolitano Etheridge LoBiondo Rogers (MI) The SPEAKER pro tempore (during Coble Issa Neal (MA) Fallin Loebsack Rohrabacher Cohen Jackson (IL) Neugebauer Farr Lofgren, Zoe Ros-Lehtinen the vote). Members are advised there Cole (OK) Jackson-Lee Nunes Fattah Lowey Roskam are 2 minutes remaining on this vote. Conaway (TX) Oberstar Ferguson Lucas Ross Conyers Jefferson Obey Filner Lungren, Daniel Rothman b 1856 Cooper Jindal Olver Flake E. Roybal-Allard Costello Johnson (GA) Ortiz Forbes Lynch Royce Ms. WASSERMAN SCHULTZ Courtney Johnson, Sam Pallone Fortenberry Mack Ruppersberger changed her vote from ‘‘nay’’ to ‘‘yea.’’ Cramer Jones (NC) Pastor Fossella Mahoney (FL) Ryan (OH) So (two-thirds being in the affirma- Crenshaw Jones (OH) Paul Foxx Maloney (NY) Ryan (WI) Cuellar Jordan Payne Frank (MA) Manzullo Salazar tive) the rules were suspended and the Cummings Kanjorski Pearce Franks (AZ) Markey Sali bill was passed. Davis (AL) Kaptur Pence Frelinghuysen Marshall Sa´ nchez, Linda The result of the vote was announced Davis (CA) Keller Perlmutter Gallegly Matheson T. as above recorded. Davis (KY) Kennedy Peterson (MN) Garrett (NJ) Matsui Sanchez, Loretta Davis, David Kildee Peterson (PA) Gerlach McCarthy (CA) Sarbanes A motion to reconsider was laid on Davis, Tom Kilpatrick Petri Giffords McCarthy (NY) Saxton the table. Deal (GA) Kind Pickering Gilchrest McCaul (TX) Schakowsky DeFazio King (IA) Pitts Gillibrand McCollum (MN) Schiff f DeGette Kingston Platts Gillmor McCotter Schmidt Delahunt Kirk Poe Gingrey McCrery Schwartz PROVIDING THAT EXECUTIVE DI- DeLauro Klein (FL) Pomeroy Gohmert McDermott Scott (GA) RECTOR OF INTER-AMERICAN Dent Kline (MN) Porter Gonzalez McGovern Scott (VA) Diaz-Balart, L. Knollenberg Price (GA) Goode McHenry Sensenbrenner DEVELOPMENT BANK MAY Diaz-Balart, M. Kuhl (NY) Price (NC) Goodlatte McHugh Serrano SERVE ON BOARD OF DIRECTORS Dicks LaHood Pryce (OH) Granger McIntyre Sestak OF INTER-AMERICAN FOUNDA- Dingell Lamborn Putnam Graves McKeon Shays TION Doggett Lampson Rahall Green, Al McMorris Shea-Porter Donnelly Langevin Ramstad Green, Gene Rodgers Sherman The SPEAKER pro tempore. The un- Drake Lantos Rangel Grijalva McNerney Shimkus finished business is the vote on the mo- Dreier Larsen (WA) Regula Hall (NY) McNulty Shuler Duncan Latham Rehberg Hall (TX) Meehan Shuster tion to suspend the rules and pass the Ehlers LaTourette Reichert Hare Meek (FL) Simpson Senate bill, S. 676, on which the yeas Ellison Lee Renzi Hastert Meeks (NY) Sires and nays were ordered. Ellsworth Levin Reyes Hastings (FL) Melancon Skelton Emanuel Lewis (CA) Reynolds Hastings (WA) Mica Slaughter The Clerk read the title of the Senate Emerson Lewis (GA) Rodriguez Hayes Michaud Smith (NE) bill. Engel Lewis (KY) Rogers (AL) Heller Miller (FL) Smith (NJ) The SPEAKER pro tempore. The English (PA) Linder Rogers (KY) Hensarling Miller (MI) Smith (TX) question is on the motion offered by Eshoo Lipinski Rogers (MI) Herger Miller (NC) Snyder Etheridge LoBiondo Rohrabacher Herseth Sandlin Miller, Gary Solis the gentleman from American Samoa Fallin Loebsack Ros-Lehtinen Higgins Miller, George Souder (Mr. FALEOMAVAEGA) that the House Farr Lofgren, Zoe Roskam Hill Mitchell Spratt suspend the rules and pass the Senate Fattah Lowey Ross Hinchey Mollohan Stearns Ferguson Lucas Rothman Hirono Moore (KS) Stupak bill, S. 676. Filner Lungren, Daniel Roybal-Allard Hobson Moore (WI) Sullivan This will be a 5-minute vote. Flake E. Royce Hodes Moran (KS) Sutton The vote was taken by electronic de- Forbes Lynch Ruppersberger Hoekstra Moran (VA) Tancredo vice, and there were—yeas 386, nays 1, Fortenberry Mack Ryan (OH) Holden Murphy (CT) Tanner Fossella Mahoney (FL) Ryan (WI) Holt Murphy, Patrick Tauscher not voting 45, as follows: Foxx Maloney (NY) Salazar Honda Murphy, Tim Taylor [Roll No. 449] Frank (MA) Manzullo Sali Hoyer Murtha Terry Franks (AZ) Markey Sa´ nchez, Linda Hulshof Musgrave Thompson (CA) YEAS—386 Frelinghuysen Marshall T. Inglis (SC) Myrick Thompson (MS) Abercrombie Barrett (SC) Blumenauer Gallegly Matheson Sanchez, Loretta Inslee Nadler Thornberry Ackerman Barrow Blunt Garrett (NJ) Matsui Sarbanes Issa Napolitano Tiahrt Aderholt Bartlett (MD) Boehner Gerlach McCarthy (CA) Saxton Jackson (IL) Neal (MA) Tiberi Alexander Bean Bonner Giffords McCarthy (NY) Schakowsky Jackson-Lee Neugebauer Tierney Altmire Becerra Bono Gilchrest McCaul (TX) Schiff (TX) Nunes Towns Andrews Berkley Boozman Gillibrand McCollum (MN) Schmidt Jefferson Oberstar Turner Arcuri Berman Boren Gillmor McCotter Schwartz Jindal Obey Udall (NM) Baca Berry Boswell Gingrey McCrery Scott (GA) Johnson (GA) Olver Upton Bachmann Biggert Boustany Gohmert McDermott Scott (VA) Johnson, Sam Ortiz Van Hollen Bachus Bilbray Boyd (FL) Gonzalez McGovern Sensenbrenner Jones (NC) Pallone Vela´ zquez Baird Bilirakis Boyda (KS) Goode McHenry Serrano Jones (OH) Pastor Visclosky Baker Bishop (NY) Brady (PA) Goodlatte McHugh Sestak Jordan Paul Walberg Baldwin Blackburn Brady (TX) Granger McIntyre Shays

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.000 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15302 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 June 11, 2007 Shea-Porter Tauscher Waters Berkley Filner Lungren, Daniel Ruppersberger Smith (NE) Visclosky Sherman Taylor Watson Berman Flake E. Ryan (OH) Smith (NJ) Walberg Shimkus Terry Watt Berry Forbes Lynch Ryan (WI) Smith (TX) Walden (OR) Shuler Thompson (CA) Waxman Biggert Fortenberry Mack Salazar Snyder Walsh (NY) Shuster Thompson (MS) Weiner Bilbray Fossella Mahoney (FL) Sali Solis Walz (MN) Simpson Thornberry Welch (VT) Bilirakis Foxx Maloney (NY) Sa´ nchez, Linda Souder Wasserman Sires Tiahrt Weldon (FL) Bishop (NY) Frank (MA) Markey T. Space Schultz Skelton Tiberi Weller Blackburn Franks (AZ) Marshall Sanchez, Loretta Spratt Waters Slaughter Tierney Blumenauer Frelinghuysen Matheson Sarbanes Stearns Westmoreland Watson Smith (NE) Towns Blunt Gallegly Matsui Saxton Stupak Whitfield Watt Smith (NJ) Turner Boehner Garrett (NJ) McCarthy (CA) Schakowsky Sullivan Wicker Waxman Smith (TX) Udall (NM) Bonner Gerlach McCarthy (NY) Schiff Sutton Weiner Snyder Upton Wilson (NM) Bono Giffords McCaul (TX) Schmidt Tancredo Welch (VT) Solis Van Hollen Wilson (OH) Boozman Gilchrest McCollum (MN) Schwartz Tanner Weldon (FL) Souder Vela´ zquez Wilson (SC) Boren Gillibrand McCotter Scott (GA) Tauscher Weller Spratt Visclosky Wolf Boswell Gillmor McCrery Scott (VA) Taylor Stearns Walberg Woolsey Boucher Gingrey McDermott Sensenbrenner Terry Westmoreland Stupak Walden (OR) Wu Boustany Gohmert McGovern Serrano Thompson (CA) Whitfield Sullivan Walsh (NY) Wynn Boyd (FL) Gonzalez McHenry Sestak Thompson (MS) Wicker Sutton Walz (MN) Yarmuth Boyda (KS) Goode McHugh Shays Thornberry Wilson (NM) Tancredo Wasserman Young (AK) Brady (PA) Goodlatte McIntyre Shea-Porter Tiahrt Wilson (OH) Tanner Schultz Young (FL) Brady (TX) Granger McKeon Sherman Tiberi Wilson (SC) Braley (IA) Graves McMorris Shimkus Tierney Wolf NAYS—1 Brown (SC) Green, Al Rodgers Shuler Towns Woolsey Kucinich Brown-Waite, Green, Gene McNerney Shuster Turner Wu Ginny Grijalva McNulty Simpson Udall (NM) Wynn NOT VOTING—45 Buchanan Hall (NY) Meehan Sires Upton Yarmuth Akin Doolittle King (NY) Burgess Hall (TX) Meek (FL) Skelton Van Hollen Young (AK) Allen Doyle Larson (CT) Burton (IN) Hare Meeks (NY) Slaughter Vela´ zquez Young (FL) Butterfield Hastert Melancon Barton (TX) Edwards Marchant NOT VOTING—46 Bishop (GA) Everett Murtha Buyer Hastings (FL) Mica Bishop (UT) Feeney Pascrell Calvert Hastings (WA) Michaud Akin Edwards Manzullo Boucher Gordon Radanovich Camp (MI) Hayes Miller (FL) Allen Everett Marchant Brown, Corrine Gutierrez Rush Cannon Heller Miller (MI) Barton (TX) Feeney Murtha Campbell (CA) Harman Sessions Cantor Hensarling Miller (NC) Bishop (GA) Gordon Pascrell Costa Hinojosa Shadegg Capito Herger Miller, Gary Bishop (UT) Gutierrez Radanovich Crowley Hooley Smith (WA) Capps Herseth Sandlin Miller, George Brown, Corrine Harman Rangel Capuano Higgins Mitchell Cubin Hunter Space Campbell (CA) Hinojosa Rush Cardoza Hill Mollohan Culberson Israel Stark Costa Hooley Sessions Carnahan Hinchey Moore (KS) Crowley Hunter Davis (IL) Johnson (IL) Udall (CO) Shadegg Carney Hirono Moore (WI) Cubin Israel Davis, Jo Ann Johnson, E. B. Wamp Smith (WA) Davis, Lincoln Carson Hobson Moran (KS) Culberson Johnson (IL) Kagen Wexler Stark Carter Hodes Moran (VA) Davis (IL) Johnson, E. B. Udall (CO) b 1905 Castle Hoekstra Murphy (CT) Davis, Jo Ann Kagen Castor Holden Murphy, Patrick Davis, Lincoln King (NY) Wamp So (two-thirds being in the affirma- Chabot Holt Murphy, Tim Doolittle Larson (CT) Wexler tive) the rules were suspended and the Chandler Honda Musgrave Doyle Linder Clarke Hoyer Myrick Senate bill was passed. Clay Hulshof Nadler ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The result of the vote was announced Cleaver Inglis (SC) Napolitano The SPEAKER pro tempore (during as above recorded. Clyburn Inslee Neal (MA) Coble Issa Neugebauer the vote). Members are advised 2 min- A motion to reconsider was laid on Cohen Jackson (IL) Nunes utes remain in this vote. the table. Cole (OK) Jackson-Lee Oberstar Conaway (TX) Obey b 1912 f Conyers Jefferson Olver So (two-thirds being in the affirma- Cooper Jindal Ortiz RECOGNIZING AND WELCOMING Costello Johnson (GA) Pallone tive) the rules were suspended and the THE DELEGATION OF PRESI- Courtney Johnson, Sam Pastor resolution was agreed to. DENTS, PRIME MINISTERS, AND Cramer Jones (NC) Paul The result of the vote was announced Crenshaw Jones (OH) Payne as above recorded. FOREIGN MINISTERS FROM THE Cuellar Jordan Pearce CARIBBEAN TO WASHINGTON, Cummings Kanjorski Pence A motion to reconsider was laid on D.C. Davis (AL) Kaptur Perlmutter the table. Davis (CA) Keller Peterson (MN) f The SPEAKER pro tempore. The Davis (KY) Kennedy Peterson (PA) pending business is the vote on the mo- Davis, David Kildee Petri PERSONAL EXPLANATION Davis, Tom Kilpatrick Pickering tion to suspend the rules and agree to Deal (GA) Kind Pitts Mr. GUTIERREZ. Madam Speaker, I was the resolution, H. Res. 418, on which DeFazio King (IA) Platts absent from this chamber today, due to a the yeas and nays were ordered. DeGette Kingston Poe Delahunt Kirk Pomeroy health matter in my family. Had I been The Clerk read the title of the resolu- DeLauro Klein (FL) Porter present, I would have voted ‘‘yea’’ on rollcall tion. Dent Kline (MN) Price (GA) votes 448, 449 and 450. The SPEAKER pro tempore. The Diaz-Balart, L. Knollenberg Price (NC) f question is on the motion offered by Diaz-Balart, M. Kucinich Pryce (OH) Dicks Kuhl (NY) Putnam the gentleman from American Samoa Dingell LaHood Rahall REPORT ON H.R. 2641, ENERGY AND (Mr. FALEOMAVAEGA) that the House Doggett Lamborn Ramstad WATER DEVELOPMENT APPRO- suspend the rules and agree to the reso- Donnelly Lampson Regula PRIATIONS BILL, 2008 Drake Langevin Rehberg lution, H. Res. 418. Dreier Lantos Reichert Mr. VISCLOSKY, from the Com- This will be a 5-minute vote. Duncan Larsen (WA) Renzi mittee on Appropriations, submitted a The vote was taken by electronic de- Ehlers Latham Reyes privileged report (Rept. No. 110–185) on vice, and there were—yeas 386, nays 0, Ellison LaTourette Reynolds Ellsworth Lee Rodriguez the bill (H.R. 2641) making appropria- not voting 46, as follows: Emanuel Levin Rogers (AL) tions for energy and water develop- [Roll No. 450] Emerson Lewis (CA) Rogers (KY) ment and related agencies for the fiscal Engel Lewis (GA) Rogers (MI) YEAS—386 English (PA) Lewis (KY) Rohrabacher year ending September 30, 2008, and for Abercrombie Arcuri Baldwin Eshoo Lipinski Ros-Lehtinen other purposes, which was referred to Ackerman Baca Barrett (SC) Etheridge LoBiondo Roskam the Union Calendar and ordered to be Aderholt Bachmann Barrow Fallin Loebsack Ross printed. Alexander Bachus Bartlett (MD) Farr Lofgren, Zoe Rothman Altmire Baird Bean Fattah Lowey Roybal-Allard The SPEAKER pro tempore (Ms. SUT- Andrews Baker Becerra Ferguson Lucas Royce TON). Pursuant to clause 1, rule XXI,

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.000 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 15303 all points of order are reserved on the tion will immediately address this through. The State Department has bill. problem. said that it would temporarily suspend f f the law to some countries so Ameri- cans can take their trips. Forcing HONORING JOHN BACH REPORT ON H.R. 2642, MILITARY agencies to suspend laws because they CONSTRUCTION AND VETERANS (Mr. DAVIS of Kentucky asked and lack the capacity to enforce them sets AFFAIRS APPROPRIATIONS BILL, was given permission to address the a dangerous precedent. 2008 House for 1 minute and to revise and We need more agents to provide bor- Mr. VISCLOSKY, from the Com- extend his remarks.) der security, customs and immigration mittee on Appropriations, submitted a Mr. DAVIS of Kentucky. Madam enforcement officers and Federal pros- privileged report (Rept. No. 110–186) on Speaker, I rise this evening to honor ecutors and immigration judges to up- the bill (H.R. 2642) making appropria- John Bach, a pillar of our law enforce- hold our laws. Let’s fix this problem tions for military construction, the De- ment community, and a recent retiree now before it gets much worse. partment of Veterans Affairs, and re- from the Kenton County Sheriff’s De- f partment. lated agencies for the fiscal year end- NOE ALEMAN—BORDER AGENT ing September 30, 2008, and for other Mr. Bach’s career is one that em- purposes, which was referred to the bodies dedication and service to this (Mr. POE asked and was given per- Union Calendar and ordered to be country. From 1966 to 1970, he served mission to address the House for 1 printed. with the 777th Tactical Air Squadron minute.) The SPEAKER pro tempore. Pursu- based out of Pope Air Force Base, Mr. POE. Madam Speaker, Noe ant to clause 1, rule XXI, all points of North Carolina, and was also part of Aleman is a 12-year veteran of the U.S. order are reserved on the bill. the 556th Reconnaissance Squadron in Border Patrol in the El Paso sector. He southeast Asia. and his wife, Isbell, who have no chil- f After completing his military serv- dren of their own, plan to adopt his b 1915 ice, John pursued a degree in business wife’s three fatherless nieces from that he completed at Northern Ken- Mexico. PASSPORT PROCESSING BACKLOG tucky University. John was quick to They hired a U.S. immigration law- (Mr. GENE GREEN of Texas asked answer the call to service in our com- yer and paid him $40,000 to help with and was given permission to address munity. Throughout his career in law the process. The girls were given tem- the House for 1 minute and to revise enforcement, he protected our commu- porary visas, but when they expired and extend his remarks.) nities in the line of duty at the after 6 months, Agent Aleman went to Mr. GENE GREEN of Texas. Madam Elsmere Police Department, the Boone the immigration service to find out Speaker, I rise to raise awareness of an County Police Department, the Inde- why. issue in our Texas offices and I think pendence Police Department and the Aleman was arrested for harboring around the country: The significant ap- Kenton County Sheriff’s Department. illegals and making false reports on plication backlog in the Houston pass- I would like to thank John for his the application. Apparently the lawyer port office. brave service to our Nation and for listed the girls as adults instead of mi- Last Friday morning, a number of helping to make the communities of nors. In any event, Aleman was pros- Members of Congress from Texas and I northern Kentucky safer for all of our ecuted and convicted. The girls were went to that office. I call on the residents as part of local law enforce- arrested and deported back to Mexico adminstration and the State Depart- ment. and live in an orphanage where they ment to take the necessary steps to al- Madam Speaker, I would like to wish have been for 2 years. leviate the backlog. John and his wife, Linda, all the best Today, Aleman went to a Federal I know in the Houston office, Jac- as they enter this new chapter of their penitentiary. And yes, he was pros- queline Harley-Bell, the regional direc- lives. ecuted by the same U.S. Attorney’s Of- tor of the Houston Passport Agency, f fice, the same judge heard the case as and the staff have been working long the Ramos and Compean cases. PASSPORT PROCESSING BACKLOG days and weekends, and I commend Unfortunately, every time a border them for their efforts to serve the pub- (Mr. LAMPSON asked and was given agent is prosecuted in the Western Dis- lic because they are understaffed and permission to address the House for 1 trict of Texas, the U.S. Attorney’s Of- overwhelmed by the number of applica- minute and to revise and extend his re- fice has a credibility problem; and this tions they are getting. marks.) case is automatically suspect and sus- The Houston office has already issued Mr. LAMPSON. Madam Speaker, on picious. nearly 11 million passports in the first Friday I joined Congressman GREEN, And that’s just the way it is. 1 5 ⁄2 months of 2007. That is 3 million who just spoke, and Congresswoman f more than the 7.9 million that were JACKSON-LEE, who will speak shortly, issued in all of 2006. at the Houston passport office. PASSPORT PROCESSING BACKLOG The administration needs to provide Some people had been in line for (Ms. JACKSON-LEE of Texas asked the resources necessary now for addi- hours, and some of them had driven and was given permission to address tional workers or funding, to clear the hundreds of miles. Most were frus- the House for 1 minute and to revise backlog due to the new requirement trated and confused. Many had applied and extend her remarks.) that folks traveling in North America months ago to comply with the new Ms. JACKSON-LEE of Texas. Madam by plane need to have a passport. passport laws, but the last Congress Speaker, just last week I joined my On Thursday the administration failed to provide Federal agencies the colleagues Congressman GENE GREEN changed the requirement, or delayed it, resources they need to uphold our laws. and Congressman NICK LAMPSON on that individuals flying into Canada, These passport delays have inconven- trying to address the ongoing crisis in Mexico, the Caribbean and Bermuda ienced thousands across our country. our communities, because we have a re- must only present a State Department Some State Department estimates gional office for passports. Overnight receipt they have applied for a passport range up to 12 weeks or even longer to stays, early morning arrivals, families through the end of September. But this process passport applications, forcing crying and families not being able to be is much later than it should be. People some people to either cancel travel reunited, people traveling for hundreds are standing in line from 2 in the morn- plans or lose deposits. of miles, and the reason is passport ing. People wait in line to get rock We can’t have homeland security backlog because of no extra staff. concert tickets, not a passport. I hope without adequate resources. It is not Let me thank the staff who work so the State Department and administra- enough to talk tough, we must follow hard to ensure that those who came

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.000 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15304 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 June 11, 2007 could be served. We asked the State dent of Waterloo, Iowa. Recently, the arming of Sunni groups who have Department today to provide us with Forbes named the Waterloo-Cedar admittedly killed and maimed Ameri- temporary permanent workers to carry Falls metro area as the ‘‘13th best cans. We have now reached the point of out the responsibility. place for business and careers’’ among public-political lunacy. I would also say if there are waivers small metro areas in the United States. Representative PAUL, myself, Rep- now being made for places like the Car- There is nothing unlucky about this resentative JONES and others have en- ibbean and Canada, I would only beg number 13. I have lived in Waterloo for tered a bill for consideration of the that information be given to travelers almost 25 years, and I can tell you from House that will cause us to have to re- so they don’t go to the airport and not experience that the people of the Cedar authorize this war. Any conceivable have the necessary documentation. Valley have made all of the difference reason for having allowed the Presi- Madam Speaker, I close by saying I there. The last decade has brought a dent to enter into this war with the en- am reading today as well that the U.S. renewed commitment to civic improve- abling resolution that we passed has military is getting ready to arm the ment, and these investments have paid now been accomplished; any ‘‘where- Sunnis. I would say if the Iraq war has off. as,’’ any ‘‘be it resolved’’ of that reso- come to this, it is time to bring our Investments in things like good lution is now moot. soldiers home. This is not the way to schools, an expanding workforce and an In order for any of us to justify run a war. improved infrastructure have clearly spending one more penny or commit- ting one more soldier of the United played a big part of this recognition. f States into this war, we have to have Businesses are attracted to the skilled, HONORING SOUTHCO AS ROLE an up-or-down vote on whether it smart and hardworking workforce of MODEL should be authorized. the Cedar Valley, ranked number 49 be- Arming Sunni groups that have mur- (Mr. KUHL of New York asked and cause of educational attainment. was given permission to address the dered U.S. service men and women as a It is clear to me that more and more policy, a strategy, is without merit and House for 1 minute and to revise and people are catching on to what the devoid of any political sensibility. extend his remarks.) Cedar Valley has to offer. I congratu- Mr. KUHL of New York. Madam late my neighbors in Waterloo and f Speaker, I rise today to recognize the Cedar Falls. b 1930 special environmental achievements of f SPECIAL ORDERS a vibrant small business located in my district. HONORING HORACE LIVINGSTON The SPEAKER pro tempore (Ms. SUT- Southco, a manufacturer of access AND WILLIAM DEMPSEY TON). Under the Speaker’s announced hardware, has reduced the amount of (Mr. HARE asked and was given per- policy of January 18, 2007, and under a hazardous waste it generates from mission to address the House for 1 previous order of the House, the fol- more than 3,200 pounds in 2002 to zero minute and to revise and extend his re- lowing Members will be recognized for just 3 years later in 2005. Through sys- marks.) 5 minutes each. tematic changes in their manufac- Mr. HARE. Madam Speaker, I rise f turing process, they have completely today to honor two great community STATUS REPORT ON CURRENT ceased producing hazardous waste. leaders from Decatur, Illinois. LEVELS OF ON-BUDGET SPEND- Moreover, Southco has committed to Horace ‘‘Buck’’ Livingston is a local ING AND REVENUES FOR FISCAL reducing its consumption of electricity civil rights activist who sought higher- YEARS 2007 AND 2008 AND THE 5- by 15 percent over the next 3 years. paying jobs and better education for YEAR PERIOD FY 2008 THROUGH Clearly Southco is a role model for our African Americans. For over 40 years, FY 2012 Nation’s businesses when it comes to he has published the African American The SPEAKER pro tempore. Under a preserving our precious resources. Voice, the only African American previous order of the House, the gen- There is a lot of talk about environ- newspaper within 150 miles of Decatur, tleman from South Carolina (Mr. mental conservation and energy inde- Illinois. His tireless efforts continue to SPRATT) is recognized for 5 minutes. pendence, but through innovative strengthen our community and give all Mr. SPRATT. Madam Speaker, I am trans- thinking, Southco has delivered tan- of us hope for a better future. mitting a status report on the current levels of gible results in the private sector and William ‘‘Skip’’ Dempsey, my broth- on-budget spending and revenues for fiscal provided an excellent example. er in the labor movement, sadly passed years 2007 and 2008 and for the 5-year pe- This month, the Environmental Pro- away on April 13. After teaching at riod of fiscal years 2008 through 2012. This tection Agency has made Southco a Purdue University, Skip served for report is necessary to facilitate the application member of its National Environmental over 12 years as training coordinator of sections 302 and 311 of the Congressional Performance Track Program, designed for Plumbers and Steamfitters Local Budget Act and sections 204, 206 and 207 of to honor leaders who have dem- 65. He continued his leadership as a S. Con. Res. 21, the Concurrent Resolution on onstrated a commitment to reducing business agent, advancing education, the Budget for Fiscal Year 2008. their negative impact on the environ- economic growth, and the building The term ‘‘current level’’ refers to the ment. trades in the Decatur area. Skip’s valu- amounts of spending and revenues estimated I would like to personally thank able service will be sorely missed. for each fiscal year based on laws enacted or Southco for being an excellent cor- I ask my colleagues to join me in awaiting the President’s signature. The first porate citizen. honoring the extraordinary and unself- table in the report compares the current levels Madam Speaker, Southco is a leader ish contributions of Buck Livingstong of total budget authority, outlays, and reve- in these efforts, and deserves our praise and Skip Dempsey. nues with the aggregate levels set by S. Con. for its forward-thinking, socially con- f Res. 21. This comparison is needed to en- scious practices. ARMING SUNNI GROUPS IS force section 311(a) of the Budget Act, which f LUNACY creates a point of order against measures that would breach the budget resolution’s aggre- CONGRATULATING THE CEDAR (Mr. ABERCROMBIE asked and was gate levels. VALLEY, IOWA given permission to address the House The second table compares the current lev- (Mr. BRALEY of Iowa asked and was for 1 minute and to revise and extend els of discretionary appropriations for fiscal given permission to address the House his remarks.) years 2007 and 2008 with the ‘‘section 302(b)’’ for 1 minute and to revise and extend Mr. ABERCROMBIE. Madam Speak- suballocations of discretionary budget author- his remarks.) er, I rise today in the wake of news ity and outlays among Appropriations sub- Mr. BRALEY of Iowa. Madam Speak- that comes to us that the United committees. The comparison is needed to en- er, I rise this evening as a proud resi- States will now have as a policy in Iraq force section 302(f) of the Budget Act because

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00025 Fmt 0688 Sfmt 9920 E:\BR07\H11JN7.000 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 15305 the point of order under that section applies to REPORT TO THE SPEAKER FROM THE COMMITTEE ON THE current level estimate) would cause FY 2008 measures that would breach the applicable BUDGET—STATUS OF THE FISCAL YEAR 2008 CON- budget authority to exceed the appropriate level set by S. Con. Res. 21. section 302(b) suballocation. GRESSIONAL BUDGET ADOPTED IN SENATE CONCUR- RENT RESOLUTION 21 OUTLAYS The third table compares the current levels [Reflecting Action Completed as of June 8, 2007—On-budget amounts, in Enactment of measures providing any new of budget authority and outlays for each au- millions of dollars] outlays for FY 2007 (if not already included thorizing committee with the ‘‘section 302(a)’’ in the current level estimate) would cause Fiscal Fiscal Fiscal allocations made under S. Con. Res. 21 for year— year— years— FY 2007 outlays to exceed the appropriate fiscal years 2007 and 2008 and fiscal years level set by S. Con. Res. 21. 2007 2008 1 2008–2012 Enactment of measures providing new out- 2008 through 2012. This comparison is need- lays for FY 2008 in excess of $586,703,000,000 (if Appropriate Level: ed to enforce section 302(f) of the Budget Act, Budget authority ...... 2,255,558 2,350,261 2 not already included in the current level es- which creates a point of order against meas- Outlays ...... 2,268,646 2,353,893 2 timate) would cause FY 2008 outlays to ex- Revenues ...... 1,900,340 2,015,841 11,137,671 ceed the appropriate level set by S. Con. Res. ures that would breach the section 302(a) allo- Current Level: Budget authority ...... 2,255,558 1,422,153 2 21. cation of new budget authority for the com- 2 Outlays ...... 2,268,646 1,767,190 REVENUES mittee that reported the measure. Revenues ...... 1,904,540 2,050,461 11,313,270 Current Level over (+) / under Enactment of measures resulting in rev- The fourth table gives the current level for (¥) Appropriate Level: enue reduction for FY 2007 in excess of Budget authority ...... 0 ¥928,108 2 fiscal years 2009 and 2010 for accounts iden- Outlays ...... 0 ¥586,703 2 $4,200,000,000 (if not already included in the tified for advance appropriations under section Revenues ...... 4,200 34,620 175,599 current estimate) would cause FY 2007 rev- 206 of S. Con. Res. 21. This list is needed to 1 Pending action by the House Appropriations Committee on spending cov- enue to fall below the appropriate level set ered by section 207(d)(1)(E) (overseas deployments and related activities), by S. Con. Res. 21. enforce section 206 of the budget resolution, resolution assumptions are not included in the appropriate level. Enactment of measures resulting in rev- 2 = Not applicable because annual appropriations Acts for fiscal years which creates a point of order against appro- 2009 through 2012 will not be considered until future sessions of Congress. enue reduction for FY 2008 in excess of priation bills that contain advance appropria- $34,620,000,000 (if not already included in the BUDGET AUTHORITY tions that: (i) Are not identified in the state- current estimate) would cause FY 2008 rev- Enactment of measures providing any new enue to fall below the appropriate level set ment of managers; or (ii) would cause the ag- budget authority for FY 2007 (if not already by S. Con. Res. 21. gregate amount of such appropriations to ex- included in the current level estimate) would Enactment of measures resulting in rev- ceed the level specified in the resolution. cause FY 2007 budget authority to exceed the enue reduction for the period of fiscal years appropriate level set by S. Con. Res. 21. 2008 through 2012 in excess of $175,599,000,000 Enactment of measures providing new (if not already included in the current level budget authority for FY 2008 in excess of estimate) would cause revenues to fall below $928,108,000,000 (if not already included in the the appropriate levels set by S. Con. Res. 21. DISCRETIONARY APPROPRIATIONS FOR FISCAL YEAR 2007—COMPARISON OF CURRENT LEVEL WITH APPROPRIATIONS COMMITTEE 302(a) ALLOCATION AND APPROPRIATIONS SUBCOMMITTEE 302(b) SUBALLOCATIONS [In millions of dollars]

302(b) suballocations as of June Current level reflecting action Current level minus suballoca- Appropriations Subcommittee 8, 2007 (H. Rpt. 110–182) completed as of June 8, 2007 tions BA OT BA OT BA OT

Agriculture, Rural Development, FDA ...... 18,569 19,356 18,569 19,356 0 0 Commerce, Justice, Science ...... 51,950 52,236 51,950 52,236 0 0 Defense ...... 489,519 499,510 489,519 499,510 0 0 Energy and Water Development ...... 30,296 29,882 30,296 29,882 0 0 Financial Services and General Government ...... 19,488 20,360 19,488 20,360 0 0 Homeland Security ...... 33,962 41,195 33,962 41,195 0 0 Interior, Environment ...... 26,411 27,569 26,411 27,569 0 0 Labor, Health and Human Services, Education ...... 144,766 145,567 144,766 145,567 0 0 Legislative Branch ...... 3,774 3,950 3,774 3,950 0 0 Military Construction, Veterans Affairs ...... 49,752 46,889 49,752 46,889 0 0 State, Foreign Operations ...... 31,358 35,186 31,358 35,186 0 0 Transportation, HUD ...... 50,471 107,765 50,471 107,765 0 0 Unassigned (full committee allowance) ...... 0 0 0 0 0 0

Total (Section 302(a) Allocation) ...... 950,316 1,029,465 950,316 1,029,465 0 0

DISCRETIONARY APPROPRIATIONS FOR FISCAL YEAR 2008—COMPARISON OF CURRENT LEVEL WITH APPROPRIATIONS COMMITTEE 302(A) ALLOCATION AND APPROPRIATIONS SUBCOMMITTEE 302(B) SUBALLOCATIONS [In millions of dollars]

302(b) suballocations as of June Current level reflecting action Current level minus Appropriations Subcommittee 8, 2007 (H. Rpt. 110–183) completed as of June 8, 2007 suballocations BA OT BA OT BA OT

Agriculture, Rural Development, FDA ...... 18,825 20,027 7 5,437 ¥18,818 ¥14,590 Commerce, Justice, Science ...... 53,551 55,318 0 20,389 ¥53,551 ¥34,929 Defense ...... 459,332 475,980 45 163,824 ¥459,287 ¥312,156 Energy and Water Development ...... 31,603 32,774 0 13,178 ¥31,603 ¥19,596 Financial Services and General Government ...... 21,028 21,650 80 4,323 ¥20,948 ¥17,327 Homeland Security ...... 36,254 38,247 0 17,112 ¥36,254 ¥21,135 Interior, Environment ...... 27,598 28,513 0 11,198 ¥27,598 ¥17,315 Labor, Health and Human Services, Education ...... 151,112 148,433 19,151 100,179 ¥131,961 ¥48,254 Legislative Branch ...... 4,024 4,036 0 606 ¥4,024 ¥3,430 Military Construction, Veterans Affairs ...... 64,745 54,831 ¥2,414 14,260 ¥67,159 ¥40,571 State, Foreign Operations ...... 34,243 33,351 0 16,407 ¥34,243 ¥16,944 Transportation, HUD ...... 50,738 114,869 4,193 71,015 ¥46,545 ¥43,854 Unassigned (full committee allowance) ...... 0 369 0 0 0 ¥369

Total (Section 302(a) Allocation) ...... 953,053 1,028,398 21,062 437,928 ¥931,991 ¥590,470

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2007 2008 2008–2012 Total House Committee BA Outlays BA Outlays BA Outlays

Agriculture: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Armed Services: Allocation ...... 0 0 ¥50 ¥50 ¥410 ¥410 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 50 50 410 410 Education and Labor: Allocation ...... 0 0 ¥150 ¥150 ¥750 ¥750 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 150 150 750 750 Energy and Commerce: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Financial Services: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Foreign Affairs: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Homeland Security: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 House Administration: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Judiciary: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Natural Resources: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Oversight and Government Reform: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Science and Technology: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Small Business: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Transportation and Infrastructure: Allocation ...... 0 0 125 0 1,525 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 ¥125 0 ¥1,525 0 Veterans’ Affairs: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Ways and Means: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0

FY2009 AND 2010 ADVANCE APPROPRIATIONS UNDER U.S. CONGRESS, closed current level report excludes these SECTION 206 OF S. CON. RES. 21 CONGRESSIONAL BUDGET OFFICE, amounts (see footnote 1 of the report). [Budget Authority in Millions of Dollars] Washington, DC, June 11, 2007. Since my last letter, dated January 4, the Hon. JOHN M. SPRATT, Jr., Congress has cleared and the President has 2009 2010 Chairman, Committee on the Budget signed the following acts that affect budget House of Representatives, Washington, DC. authority, outlays, or revenues for fiscal Appropriate Level: ...... 25,558 25,558 DEAR MR. CHAIRMAN: The enclosed report year 2007: Accounts Identified for Advances: shows the effects of Congressional action on The Revised Continuing Appropriations Corporation for Public Broadcasting 400 0 the fiscal year 2007 budget and is current Resolution, 2007 (Public Law 110–5); and Employment and Training Adminis- tration ...... 0 0 through June 8, 2007. This report is sub- The U.S. Troop Readiness, Veterans’ Care, Education for the Disadvantaged ... 0 0 mitted under section 308(b) and in aid of sec- Katrina Recovery, and Iraq Accountability School Improvement ...... 0 0 tion 311 of the Congressional Budget Act, as Appropriations Act, 2007 (P.L. 110–28). Children and Family Services (Head amended. The effects of the U.S. Troop Readiness, Start) ...... 0 0 Special Education ...... 0 0 The estimates of budget authority, out- Veterans’ Care, Katrina Recovery, and Iraq Vocational and Adult Education ..... 0 0 lays, and revenues are consistent with the Accountability Appropriations Act, 2007 are Payment to Postal Service ...... 0 0 technical and economic assumptions of S. identified separately in the enclosed report. Section 8 Renewals ...... 0 0 Con. Res. 21, the Concurrent Resolution on The effect of the Continuing Resolution is the Budget for Fiscal Year 2008, as approved included in the ‘‘previously enacted’’ section by the Senate and the House of Representa- of the report, consistent with the budget res- tives. olution assumptions. Pursuant to section 204(b) of S. Con. Res. Sincerely, 21, provisions designated as emergency re- PETER R. ORSZAG, quirements are exempt from enforcement of Director. the budget resolution. As a result, the en- Enclosure.

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Budget authority Outlays Revenues

Enacted in previous session: Revenues ...... n.a. n.a. 1,904,706 Permanents and other spending legislation ...... 1,350,273 1,299,295 n.a. Appropriation legislation ...... 1,477,616 1,540,849 n.a. Offsetting receipts ...... ¥571,507 ¥571,507 n.a. Total enacted in previous session ...... 2,256,382 2,268,637 1,904,704

Enacted this session: Appropriation Acts: U.S. Troop Readiness. Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (P.L. 110–28) 1 ...... ¥794 9 ¥166 Total, enacted this session ...... ¥794 9 ¥166

Entitlements and mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... ¥30 0 0 Total Current Level 12 ...... 2,255,558 2,268,646 1,904,540 Total Budget Resolution ...... 2,380,535 2,300,572 1,900,340 Adjustment to budget resolution for emergency requirements 3 ...... ¥124,789 ¥31,926 0 Adjustment to the budget resolution pursuant to section 207(f) 4 ...... ¥188 0 0 Adjusted Budget Resolution ...... 2,255,558 2,268,646 1,900,340 Current Level Over Adjusted Budget Resolution ...... n.a. n.a. 4,200 Current Level Under Adjusted Budget Resolution ...... n.a. n.a. n.a. Notes: n.a. = not applicable; P.L. = Public Law. 1 Pursuant to section 204(b) of S. Con. Res. 21 the Concurrent Resolution on the Budget for Fiscal Year 2008, as approved by the Senate and the House of Representatives, provisions designated as emergency requirements are exempt from enforcement of the budget resolution. The amounts so designated for fiscal year 2007, which are not included in the current level totals, are as follows: U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (P.L. 110–28) ...... 120,803 31,116 n.a. 2 Excludes administrative expenses of the Social Security Administration, which are off-budget. 3 S. Con. Res. 21 assumed $124,789 million in budget authority and $31,926 million in outlays from emergency supplemental appropriations. Such emergency amounts are exempt from the enforcement of the budget resolution. Since current level totals exclude the emergency requirements enacted in P.L. 110–28 (see footnote 1 above), at the direction of the House Committee on the Budget, budget authority and outlay totals specified in the budget resolution have also been reduced (by the amounts assumed for emergency supplemental appropriations) for purposes of comparison. 4 Pursuant to section 207(f) of S. Con Res. 21, the House Committee on the Budget adjusts the budget authority to reflect the difference between the amount assumed in the budget resolution for nonemergency supplemental appropria- tions in fiscal year 2007 and the amount actually appropriated for nonemergency purposes. Source: Congressional Budget Office.

U.S. CONGRESS, mitted under section 308(b) and in aid of sec- Pursuant to section 204(b) of S. Con. Res. CONGRESSIONAL BUDGET OFFICE, tion 311 of the Congressional Budget Act, as 21, provisions designated as emergency re- Washington, DC, June 11, 2007. amended. quirements are exempt from enforcement of Hon. JOHN M. SPRATT, Jr., The estimates of budget authority, out- the budget resolution. As a result, the en- Chairman, Committee on the Budget, lays, and revenues are consistent with the closed current level report excludes these House of Representatives, Washington, DC. technical and economic assumptions of S. amounts (see footnote 1 of the report). This DEAR MR. CHAIRMAN: The enclosed report Con Res. 21, the Concurrent Resolution on is my first report for fiscal year 2008. shows the effects of Congressional action on the Budget for Fiscal Year 2008, as approved Sincerely, the fiscal year 2008 budget and is current by the Senate and the House of Representa- PETER R. ORSZAG. through June 8, 2007. This report is sub- tives. Enclosure. FISCAL YEAR 2008 HOUSE CURRENT LEVEL REPORT AS OF JUNE 8, 2007 [In millions of dollars] Budget authority Outlays Revenues

Enacted in previous session: Revenues ...... n.a. n.a. 2,050,796 Permanents and other spending legislation ...... 1,450,532 1,390,018 n.a. Appropriation legislation ...... 0 419,862 n.a. Offsetting receipts ...... ¥575,635 ¥575,635 n.a.

Total, enacted in previous session ...... 874,897 1,234,245 2,050,796

Enacted this session: Appropriation Acts: U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (P.L. 110–28)1 ...... 1 42 ¥335

Total, enacted this session ...... 1 42 ¥335

Entitlements and mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... 547,255 532,903 0 Total Current Level 12 ...... 1,422,153 1,767,190 2,050,461 Total Budget Resolution ...... 2,496,028 2,469,636 2,015,858 Adjustment to budget resolution for emergency requirements3 ...... ¥606 ¥49,990 n.a. Adjustment to the budget resolution pursuant to section 207(f)4 ...... 1 1 ¥17 Adjustment to the budget resolution pursuant to section 207(d)(l)(E)5 ...... ¥145,162 ¥65,754 n.a.

Adjusted Budget Resolution ...... 2,350,261 2,353,893 2,015,841 Current Level Over Adjusted Budget Resolution ...... n.a. n.a. 34,620 Current Level Under Adjusted Budget Resolution ...... 928,108 586,703 n.a. Memorandum: Revenues, 2008–2012: House Current Level ...... n.a. n.a. 11,313,270 House Budget Resolution ...... n.a. n.a. 11,137,725 Adjustment to the budget resolution pursuant to section 207(f)4 ...... n.a. n.a. ¥54

Adjusted Budget Resolution ...... n.a. 11,137,671 Current Level Over Adjusted Budget Resolution ...... n.a. n.a. 175,599 Current Level Under Adjusted Budget Resolution ...... n.a. n.a. n.a. Notes: n.a. = not applicable; P.L. = Public Law. 1 Pursuant to section 204(b) of S. Con. Res. 21 the Concurrent Resolution on the Budget for Fiscal Year 2008, as approved by the Senate and the House of Representatives, provisions designated as emergency requirements are exempt from enforcement of the budget resolution. The amounts so designated for fiscal year 2008, which are not included in the current level totals, are as follows: U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (p.L. 110–28) ...... 605 48,639 n.a. 2 Excludes administrative expenses of the Social Security Administration, which are off-budget. 3 S. Con. Res. 21 assumed $606 million in budget authority and $49,990 million in outlays from emergency supplemental appropriations. Such emergency amounts are exempt from the enforcement of the budget resolution. Since current level totals exclude the emergency requirements enacted in P.L. 110–28 (see footnote 1 above), at. the direction of the House Committee on the Budget, budget authority and outlay totals specified in the budget resolution have also been reduced (by the amounts assumed for emergency supplemental appropriations) for purposes of comparison. 4 Pursuant to section 207(f) of S. Con. Res. 21, the House Committee on the Budget adjusts budget authority and outlays to reflect the difference between the amount assumed in the budget resolution for nonemergency supplemental appropriations in fiscal year 2007 and the amount actually appropriated for nonemergency purposes.

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.000 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15308 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 June 11, 2007 5 Section 207(d)(1)(E) of S. Con. Res. 21 assumed $145,162 million in budget authority and $65,754 million in outlays for overseas deployment and related activities. Pending action by the House Com- mittee on Appropriations, the House Committee on the Budget has directed that these amounts be excluded from the budget resolution aggregates in the current level report. Source: Congressional Budget Office. h AMNESTY INTERNATIONAL people waiting for their passports. it’s time for us to get about the peo- The SPEAKER pro tempore. Under a First it was 4 weeks; then it was 6 ple’s business and resolve these three previous order of the House, the gen- weeks. Now, it’s 3 months to 5 months. problems as efficiently and quickly as tleman from Texas (Mr. POE) is recog- The Federal Government cannot even we can. nized for 5 minutes. process a simple passport for an Amer- And that’s just the way it is. Mr. POE. Madam Speaker, the great ican citizen, and it is a relatively sim- f giveaway of American land has not oc- ple process to deal with a passport. And now, what has happened? The PRESIDENT SHOULD OVERRULE curred. The Amnesty International Federal Government says, well, since PROPOSED NEW STRATEGY OF plan to grant legal permanent resi- we can’t follow the law, we’ll suspend GIVING WEAPONS TO SUNNI dents to 12 to 20 million illegal people the law until we’re able to get it to- ARAB GROUPS from all over the world did not succeed gether. Now, it’s not the fault of those The SPEAKER pro tempore. Under a in the Senate, and rightfully so. workers in the passport office. They’re previous order of the House, the gentle- The bill that the Senate tried to push working as long as they can, as hard as woman from California (Ms. WOOLSEY) off on the American public was too they can, but those people that run the is recognized for 5 minutes. massive, too complicated, too long. It passport office, the Federal bureau- Ms. WOOLSEY. Madam Speaker, to- was almost longer than the Bible and crats, never were organized enough to night I rise to demand that President had less to say. make sure that Americans, in a Bush take immediate action as Com- Madam Speaker, the American peo- streamlined process, could get pass- mander in Chief to overrule a proposed ple get it. They understand that the ports. new strategy in Iraq, a proposal that first problem that has to be solved is So now the law’s not going to be fol- may put our troops in even greater the border. Border security is the num- lowed until the passport service gets it danger in the days ahead. ber one issue. The Federal Govern- together, and that’s very unfortunate The New York Times reported this ment, our government, the most pow- because the problem is we’re going to morning that our commanders in Iraq erful superpower that has ever existed, use this same department, the immi- are now planning to give weapons to cannot protect the borders. Or is it gration service, to so-called legally le- Sunni Arab groups, weapons that may that they don’t protect the borders or galize the 12 to 20 million people in the turn around and be used against our refuse to protect the borders? amnesty bill, the so-called Z visas very own troops. The American public want our bor- which are very complicated to under- In the past, these Sunni groups have ders secure before we start talking stand, something that will take a lot been allied with al Qaeda and have ac- about immigration, whether it’s legal longer to process than a passport. So tually been suspected of being involved or illegal. And that’s what our Federal the Z visas for 12 to 20 million illegals in attacks upon our troops. So why are Government should do, simply follow will take forever to process if we ever we doing this? According to the Times, the law that’s already existing. go to that service. our commanders have reason to believe We have enough laws now to protect What I’m saying, Madam Speaker, is that the Sunnis have split with al the border, but for some reason, the we deal with the border first. Second, Qaeda and are now ready to fight on law does not get enforced by the execu- we fix and streamline the immigration our side. Well, it could be true, but this tive department. We hear all kinds of service so it doesn’t discriminate strategy is fraught with terrible peril reasons why it doesn’t occur, but the against people who are coming to the for our brave men and women in com- bottom line is our borders are porous, United States legally, that we make it bat. on the northern border and on the efficient for Americans to travel The Times reports, ‘‘Critics of the southern border, and the first duty of abroad. And once we fix that problem, strategy, including some American of- government is to protect the people, then down the road we deal with the ficers, say it could amount to the and that means protect our borders and third issue, the issue of what to do with Americans arming both sides in a fu- protect it first. When we solve that people that are here illegally. ture civil war. The United States has problem, then we can move on to the Until we take it in that order, until spent more than $15 billion in building other issues. Congress addresses those three respec- up Iraq’s Army and police force, whose And the second issue is not what to tive acts with three bills, we will never manpower of 350,000 is heavily Shiite. do with the people that are here ille- solve the problem. And a massive, so- With little sign of a political accommo- gally. We first close the gap, close the called immigration reform bill, the dation between Shiites and Sunni poli- border, keep people from coming here American public is suspect and skep- ticians in Baghdad, there is a risk that illegally, but the next thing we have to tical of that plan because, frankly, I any weapons given to Sunni groups will deal with is the immigration service. don’t think the American public trusts eventually be used against Shiites.’’ It’s in chaos, it’s in turmoil, and this the Federal Government to do the job And I must mention, our troops will be last week’s example is a perfect exam- of securing the border and reforming stuck in the middle, dying for what? ple. the immigration service. Because there is the possibility, says The passport service. Now, the law But we know that the Federal Gov- the Times, the weapons could be used requires that all Americans traveling ernment does have the capability to against the Americans themselves. anywhere, including Mexico, Canada grant amnesty to people that are here Let me repeat that last sentence, and the Caribbean islands, have pass- illegally. So, hopefully, Congress will ‘‘There is also the possibility the weap- ports. Congress passed that law 3 years do its job, get organized, pass three ons could be used against the Ameri- ago. The Federal Government, the ex- separate bills so that we have border cans themselves.’’ That’s what the ecutive branch, had 3 years to get security; that we have an efficient, Times had to say. ready to make sure that Americans workable immigration services; and But first, Madam Speaker, we sent had those passports, and sure enough, then down the road, we deal with what our troops into battle without the 2007 came, Americans were following to do with the people that are here ille- proper body armor or vehicle armor. the law. They started applying for gally in the U.S. Then we put them in the middle of a passports, and all of the sudden, there The American public expect it. They bloody civil war they were never are lines all over the United States for have expected it for a long time, and trained to fight. Then, when many of

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The bills they will bring before us are risk because they are desperate to im- The squad of eight is accused of kid- modeled on the flawed NAFTA model plement President Bush’s hopeless, napping the Iraqi man from a nearby that have yielded growing trade defi- foolish surge policy, but the surge has home, killing him, and then staging cits every year the Bush administra- not worked, is not working and will the scene to frame him as an insurgent tion has been in office. We have seen not work. planting a bomb. how NAFTA sucked good jobs away As the Times reports, ‘‘An initial de- Four of the troops struck plea deals from Americans, how it ravaged the cline in sectarian killings in Baghdad and received sentences of 21 months or Mexican countryside and triggered a in the first two months of the troop less in exchange for their testimony flow of illegal immigrants, drugs and buildup has reversed, with growing against their squad mates. One of the violence across our southern border. numbers of bodies showing up each day troops also pled guilty to lesser Our staggering trade deficit with in the capital. Suicide bombings have charges but received an 8-year sen- Mexico continues to grow. This year, dipped in Baghdad, but increased else- tence. The three remaining Marines all we already have a $21.6 billion deficit where, as al Qaeda groups, confronted face courts martial this summer and with Mexico, and it will continue to with great American troop numbers, life in prison if convicted of premedi- swell as communities across the con- have shifted their operations else- tated murder. tinent face job washout. If we do not construct a new trade where.’’ One of these three Marines is a con- There’s only one way, Madam Speak- model that takes people into consider- stituent of Congressman BILL er, out of this. We must bring our ation and advocates free trade among DELAHUNT, who brought the details of troops home, and then we must work free people, then it does not matter this case to my attention. with the Iraqi people and we must how many environmental provisions we Madam Speaker, 3 years ago, I came work with them in a peaceful way to may add to trade agreements or how to this floor night after night to speak reconstruct their devastated Nation. unique the administration claims its about what I felt was an unfair pros- Last month, a bill that called for labor provisions are. starting the withdrawal of our troops ecution of Lieutenant Ilario Pantano, a We are simply extending NAFTA to within 90 days received 171 votes in this Marine who was charged with shooting the rain forest and to more sweat shops House. Some pundits were surprised an insurgent in Iraq. Not because of my because there will be no reliable en- that it received that much support. I concern, but because the charges forcement. wasn’t. Opposition to this President’s against Lieutenant Pantano were not We have seen the NAFTA model fail failed foreign policy is growing all over justified, the Marine Corps dropped the in Mexico. We have seen it fail in America, and those voices are eventu- charges. CAFTA countries. Why should we as- ally being heard in this body more and Because of my great respect for the sume it will be any less disastrous in more every day. men and women who serve in the Peru or Panama? Madam Speaker, if American troops United States Marine Corps, it is my We cannot fall for empty promises are harmed by this new war strategy, hope that these Marines will receive again. When we were told that NAFTA then the American people will hold the the due process and justice they de- would result in a trade surplus, when President accountable. But if we in serve as American citizens and as he- we were told that NADBANC would this House condone it as well, or re- roes. help communities that were faced with main silent, then we will be respon- President Teddy Roosevelt once said, job loss with reinvestment, when we sible, too. ‘‘A man who is good enough to shed his were told NAFTA would be beneficial Our job is to force this administra- blood for his country is good enough to for Mexicans, Canadians, and the legis- tion to fully fund the plan to bring our be given a square deal afterwards. More lation passed this Congress, what did troops and our contractors home, home than that no man is entitled, and less we see? Billions and billions of trade where they are not positioned in the than that no man shall have.’’ deficit dollars racked up. middle of a civil war. The same men and women who risk We have never had a positive trade f their lives to preserve the rights of all balance with the NAFTA countries or American citizens deserve the protec- the CAFTA countries. We saw a wash- SUPPORTING THE PRESUMPTION tion of those same rights. Those who out of jobs in our middle-class commu- OF INNOCENCE FOR ACCUSED fight for justice deserve justice in re- nities, and we saw huge and growing CAMP PENDLETON TROOPS turn. protests across Mexico. It’s a mistake The SPEAKER pro tempore. Under a Madam Speaker, our military serv- to pass NAFTA, and it will be a mis- previous order of the House, the gen- icemembers, the military family, and take to extend it to other countries tleman from North Carolina (Mr. certainly these Marines, deserve no without comprehensive and effective JONES) is recognized for 5 minutes. less. reform. Mr. JONES of North Carolina. And Madam Speaker, with that, I This time Congress must be smarter. Madam Speaker, only those who have close by saying, God, please continue We must realize the administration is been to war can truly understand the to bless our men and women in uniform feeding us empty promises without en- hell of war. I have not been to war, but and their families, and please, God, forceability and clear benefits. We I have spoken to those who have served continue to bless America. should have no reason to be fooled our country in both Iraq and Afghani- again. f stan. I know enough to understand that Even if we succeed with some those who serve in harm’s way face b 1945 changes to the core text of these agree- grave dangers, and they are under ex- ments, do we trust President Bush to FREE TRADE AGREEMENTS WITH treme pressure. enforce them? We are still waiting for Most of us cannot imagine the stress PERU AND PANAMA him to enforce the flagrant violations that those in uniform undergo when The SPEAKER pro tempore. Under a in the Jordanian agreement, where they have to make a split-second deci- previous order of the House, the gentle- such language was included in the core sion whether to fire or be fired upon, to woman from Ohio (Ms. KAPTUR) is rec- of the trade agreement. kill or be killed. ognized for 5 minutes. It is bad enough that his administra- In June 2006, seven Marines and one Ms. KAPTUR. Madam Speaker, soon tion has the power to avoid any mean- Navy corpsman from Camp Pendleton President Bush’s administration will ingful congressional amendment or any

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No. 110–187) on the to perpetuate the race to the bottom When I get the loudest applause is bill (H.R. 2643) making appropriations cycle of lowered wages, reduced bene- when I say that this Congress must for the Department of the Interior, en- fits worldwide, by taking these steps bring our soldiers home, and that it is vironment, and related agencies for the under the slippery slope of the Bush my intention to work with every Mem- fiscal year ending September 30, 2008, trade agreement that rewards Wall ber of Congress who is willing to stand and for other purposes, which was re- Street and its investors, but penalizes up to ensure that our soldiers come ferred to the Union Calendar and or- main streets across our Nation. home, not because of our job has not dered to be printed. f been completed, not because our sol- The SPEAKER pro tempore. Pursu- diers are not strong, not because our ant to clause 1, rule XXI, all points of LET’S BRING OUR SOLDIERS HOME soldiers are wimps, but because, in order are reserved on the bill. The SPEAKER pro tempore. Under a fact, our soldiers are heroes. f previous order of the House, the gentle- I believe, as in my legislation H.R. woman from Texas (Ms. JACKSON-LEE) 930, that we should bring them home U.S. TRADE POLICY is recognized for 5 minutes. under a military success. They have The SPEAKER pro tempore. Under Ms. JACKSON-LEE of Texas. Madam done their job. They have deposed Sad- the Speaker’s announced policy of Jan- Speaker, earlier today I made mention dam Hussein. They have discovered uary 18, 2007, the gentleman from of an interesting new theory that is that there were no weapons of mass de- Maine (Mr. MICHAUD) is recognized for being promoted through the Nation’s struction. They have finished the mis- 60 minutes as the designee of the ma- newspapers, and, certainly, let me ac- sion. jority leader. knowledge the respect that we have in We should declare a military victory Mr. MICHAUD. Madam Speaker, it’s this Congress for the United States for those soldiers and those who lost a great pleasure that we are talking military and their never-ending chal- their lives and begin to transfer the this evening about an issue very impor- lenge and acceptance of responsibility leadership of the efforts in Iraq to the tant to a lot of us in this Congress, and in their work in Iraq and certainly, of Iraqi national Army and the Iraqi na- a lot of folks throughout the United course, Afghanistan. tional police. I cannot understand this States of America, and that issue is We know that both of those regions theory, this particular strategy, when trade. are becoming more difficult. In Af- our soldiers are still on the ground. All I would like to yield to a colleague of ghanistan, the Taliban is rising, and, I can see is armed Sunnis, armed al mine. We came in this Congress to- gether, and she has been very active in frankly, just recently, there was an at- Qaeda, armed Shiites, all pointing guns the trade deal and has established with tempted assassination attack on Presi- at our soldiers, who are there, simply, me the trade working group in this dent Karzai in Afghanistan with a mes- to follow the mission of a President Congress, Congresswoman LINDA T. sage from the Taliban saying that ‘‘We who will not listen. SA´ NCHEZ of California. were involved’’ and, in essence, ‘‘We I am interested in military strategy. Ms. LINDA T. SA´ NCHEZ of Cali- are on the rise.’’ I want our military generals to be cre- fornia. Madam Speaker, I am pleased In fact, that is where the root of ter- ative. If they believe that this is an ef- to join my colleagues in addressing the ror is. After 9/11, that is where this fective tool, then this tool must be uti- House and the American people regard- Congress almost unanimously in- lized without our soldiers, in essence, if ing U.S. trade policy and its effect on structed the President on behalf of the I might say, without any disrespect, to working families. American people to fight the war on be shooting targets or sitting ducks. Let me start by saying, first of all, terror, to fight al Qaeda, and to find This does not seem to be the right that I am committed to trade. That’s Osama bin Laden. Unfortunately, this kind of approach if our soldiers are right, I think that trade is good for administration has failed, failed its still going to be in the midst. Even if America and its working families. If we duty to this Nation, and not rep- they relocate the soldiers out of the do it the right way, trade can increase resented itself to the American people particular area, they are still on the the availability of raw materials for and to this Congress as to what its next ground. Armed Sunnis are armed production. Trade can also open mar- steps are with respect to fighting ter- Sunnis. Armed Sunnis and armed Shi- kets for American goods and can bring ror. ites move around. They don’t nec- exciting new products to American Now we find ourselves muddling essarily have to stay in one area. consumers. While I recognize the bene- around in Iraq, we are almost to the I expect that we will have a briefing fits of trade, not all trade agreements middle of June, and almost 30 Ameri- tomorrow. I hope that they will discuss are created equal. cans have died in Iraq. This is an with us, the Members of Congress, on On May 10, the administration and unending mission without a mission, behalf of their constituents, what does Members of this House announced a an unending story without an end. this mean for the lives of our soldiers? ‘‘new policy on trade.’’ Well, it’s about Now we read in the Nation’s news- What does this mean for the number of time. Democrats have been calling for paper America’s strategy in Iraq to those who have lost their lives already a new direction in trade for years, and arm the Sunnis. But at the same time and their brothers and sisters may now I am pleased that the administration as we arm the Sunnis, we are in nego- be in the greater line of fire with peo- has finally taken initial steps to im- tiations with them to promise us that ple being armed, and armed with what? prove its trade policy. they will not shoot American soldiers. What level of weaponry will they But, alas, it is too little, too late. I believe that this may be a reason- have, and how far will this weaponry be This new trade policy is little more able response to arm Sunnis to fight al able to go, and what will they be able than a rehash of the same failed Qaeda, to arm Sunnis to engage with to do with it? It is obviously a chal- NAFTA model that has been hurting the Iraqi National Army. But it is not lenge. U.S. families for more than a decade. a reasonable response with American It is time to bring our soldiers home. According to the administration, the soldiers sitting in the line of fire. If this is what we are doing, let’s trans- new additions to the Peru and Panama Again, I say, having visited with my fer the fight to the Iraqi national Army agreements would add long-sought constituents over the weekend, having and the Iraqi police. labor and environmental protections to visited with constituents in churches Let’s bring our soldiers home. the basic NAFTA framework.

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.000 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 15311 Unfortunately, even the U.S. Cham- tell us that Peru and Panama agree- Hugo Chavez. They are going to say ber of Commerce says that these new ments are less controversial than the that it sends a terrible message to an worker and environmental protections administration’s other priorities, free important ally that we still regard Co- can’t be enforced. That’s not very en- trade agreements with Colombia and lombia as a pariah state. couraging, is it? Supporting this new Korea, and the renewal of the Presi- They’re going to say that if the deal requires us to believe in two dent’s fast-track negotiating author- worker and environmental protections things: number one, the actual benefits ity. were good enough for Peru and Pan- of the NAFTA free trade model; and, This is a sign of how bad Peru and ama, why not Colombia and Korea? number 2, the promises of the Bush ad- Panama trade deals are. Their only re- Here’s the bottom line. The Peru and ministration. deeming value, it seems, is that they Panama Free Trade Agreements are We are supposed to trust an adminis- are not as bad as the deals with Korea slippery slopes to more downward pres- tration that has demonstrated its com- and Colombia. But that argument sure on wages and benefits, both here mitment to anything but the truth. misses the point. Every bad trade and abroad. Having misled us on issues like domes- agreement passed, makes it easier for You want to hear the surest sign that tic wire-tapping programs, the war in another bad trade agreement to slip by. the Bush Free Trade Agreement is Iraq, global warming, and the firing of When they say ‘‘not that bad,’’ we flawed? He couldn’t even pass them U.S. attorneys, it now seeks our trust. should say ‘‘not good enough.’’ Let’s when his own party was in control of How are we supposed to trust a record keep our eyes on the ball. the Congress. The Peru free trade like that? The Peru and Panama free-trade agreement was signed in April of 2006, We have also learned some very hard agreements are slippery slopes to other and yet the White House couldn’t get lessons after more than 10 years of free bad deals. Passing these deals makes it the Republican majority to move it. Some might say, we can’t afford not trade failures. As we hear more famil- easier for the Bush administration to to sign free trade agreements. After iar promise about the new trade deal, push through the Korea free-trade all, they say, globalization is here to let’s look at some of the old ones. agreement which would gut the Amer- stay. Trade and globalization are here NAFTA was supposed to solve illegal ican car industry. to stay. The question remains, how- integration by developing a robust b 2000 ever, can we make them work for economy in Mexico that would allow working families? And I say, yes, we hard-working people to provide for It would make it easier for the White can. their families and stay at home. Well, House to push through fast track au- thority, which gives the President a Trade can benefit our economy and that didn’t work. the economist of our trading partners. CAFTA was supposed to include bold blank check to create additional agree- ments that gut our communities and We can negotiate deals that create new new safety and wage protections for markets, bring new jobs and new pros- workers, but these protections are dis- our economy. Passing the Peru and Panama Free perity. We can achieve significant new appointingly weak, allowing countries foreign market access and reduce our to downgrade their very own labor Trade Agreements puts us on a slippery slope toward passing the Bush-Colom- trade deficit. If we stand united for laws. working Americans, we can deliver a In the Oman Free Trade Agreement, bia Free Trade Agreement, a deeply real new deal on trade, not warmed- the administration actually negotiated flawed trade deal for working families in both countries. over promises masquerading as caviar. a deal with a opportunity that, as our Minor adjustments to the NAFTA- I just returned from Colombia, and own State Department reported, was style deals are just not good enough. this was my second trip in 7 months. experiencing a forced labor problem— No more agreements based on the On these visits I talked with leaders forced labor. How are our workers sup- failed NAFTA model, no more Fast from civil society, indigenous groups, posed to compete with people who are Track promotion authority. We cannot organized labor and the political oppo- forced to toil? give this administration, or future sition. Free trade was supposed to increase ones, a blank check on trade deals that Colombia is a great country with economic opportunity for everybody, devastate our communities at home. for big businesses, as well as working wonderful people, a vibrant culture and I urge my colleagues on both sides of families at home and abroad. But it a growing economy. However, Colom- the aisle to get off that slippery slope simply hasn’t happened. bia remains the most dangerous coun- and get on the new path toward trade Too many communities have been try in the world for worker advocates. that promotes development and pros- left to rot because corporations shut Despite recent progress, the Colombian perity for all, not just for the wealthy down U.S. plants to chase increasingly Government has still been unable to few. cheap labor and weak environmental protect labor organizers from being at- And I thank my colleague, a real protections abroad. After decades of tacked or killed over any specific leader on this issue, Mr. MICHAUD, for living with NAFTA and its clones, real amount of time. The Bush-Colombia yielding me time. wages for American families are down. Free Trade Agreement will only exac- Mr. MICHAUD. Thank you very Our trade deficit is in the tens of bil- erbate those problems. Without real much, Representative SA´ NCHEZ. And lions of dollars, and our manufacturing enforceable worker protections, in- you’re absolutely right. These trade base is falling apart. creasing numbers of Colombian work- deals are a slippery slope, and we defi- The American worker is now more ers will be forced into sweatshop condi- nitely have to make sure that we productive than ever, but that in- tions. change that trade model. creased productivity has not led to a The Bush-Colombia FTA will gut Co- As you know, I spent over 28 years at corresponding increase in wages. The lombia’s legitimate agriculture sector. Great Northern Paper Company in East truth is that the NAFTA free trade Colombian farmers will be forced to Millinocket, Maine, like my father be- model is designed to favor the wealthi- compete with subsidized crops from the fore me spent 43 years, my grandfather est few and corporate bottom lines at United States. Many farmers will be before him for 40 years. the expense of small businesses, work- forced to choose between leaving their NAFTA has killed our community. ers, families and communities. farms and growing more lucrative drug We used to have over 4,500 jobs. It’s lit- In the coming weeks, we will be crops, the very drug crops that we see tle over 500 jobs. Small businesses have asked to consider first two of the Bush sending drugs up to the United States. gone under because the economy has administration’s trade priorities, free Free traders are going to say that de- been devastated because of a trade trade agreements with Peru and Pan- nying Colombia a free-trade package, deal. We had unemployment that was ama. Despite the long record of failed after giving similar agreements to its over 33 percent. free trade agreements, the Bush admin- neighbors, will destabilize the Colom- We had individuals who are proud istration and free traders are going to bian Government and give a victory to men and women who worked in the

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The ing us to take a look at and support. what is the ramifications for our man- whole State chipped in and brought 700,000 vehicles entered this country ufacturing base, for our workers and food, churches, communities through- from Korea, yet our automobile manu- for our farmers? out the State to help the devastation. facturers were allowed, allowed to ship I think it’s a fair question to be able And it doesn’t end there. If you go 30 2,500 cars to Korea. Now, someone tell to ask anybody. When I do, I’m told by miles south, another mill had closed its me if that’s remotely close to being a some folks, well, we’re going to redo doors. Another 30 miles south of that, fair trade deal. the trade readjustment for those folks another mill closed its doors because of I don’t have a problem in the world who lose their jobs. trade. with saying to the Korean government, That’s little comfort to somebody Yes, they are getting trade assist- look, I’m not asking for 700 to 700,000. like Dave Bevard from Galesburg, Illi- ance, but they want their jobs. And But when we are only allowed to bring nois. 32 years at Maytag. His wife has what are they getting trained for, if in 2,500 vehicles, compared to import- cancer. Health care runs out. there’s no jobs to get trained? ing 700,000, that trade deal is dead on And one person suggested that I go So this definitely has caused a huge arrival as far as I’m concerned. back and talk to Dave Bevard and ex- problem, these bad trade deals in the Plus, if you look what they’re doing plain to him, if you can believe this, State of Maine, and people are upset, to our beef production and in terms of Madam Speaker, I’m supposed to ex- and rightfully so; and that’s why it’s importing beef from this country, that plain to Dave Bevard that there’s cur- important for this Congress to get off issue is basically dead. Oh, they say rency manipulation in China that’s that slippery slope and head for a new they’ll talk to us about it. But talk is causing some of these problems. direction, start a new direction; and cheap. And the reality of it is we have And I remember saying to that Mem- that new direction is changing that yet seen this government be able to ber, well, when I do, when I go to flawed trade policy. move on a trade deal that makes any Galesburg and say that to Dave Bevard, And I agree 100 percent, it’s more sense. I’d better be putting a catcher’s mask than just a couple of Band-Aids. We You look at Colombia. I was at a on because I think I’m going to get have to look at the broader aspect of trade press conference the other day on poked. We can’t talk to our workers trade. Colombia. As you know, as my friend like that, justify this. Currency manip- And I really appreciate your ongoing from Maine knows, Madam Speaker, ulation. commitment to do what’s right for I’m a union member, president, former I’ll tell you why Dave Bevard lost his workers, to do what’s right for small president of my clothing and textile job; I’ll tell you why Maytag went to businesses in this country, and it’s the worker local. Sonora, Mexico, because this Congress, humanitary thing to do as well. So If I had been as vocal for my union in under NAFTA, that passed NAFTA, thank you very much, Representative the 13 years that I served in that ca- helped those jobs to go to Sonora, Mex- SA´ NCHEZ, for your leadership in this pacity in Colombia, I probably would ico, Madam Speaker. They outsourced issue, and I’ll look forward to working have been shot. We’ve had thousands of those jobs, and this from a company with you as we move forward to deal people who have been murdered, im- that took $9 million in Illinois tax- with these trade issues. prisoned, tortured. This is a govern- payers’ money; and the workers gave, I now would like to recognize a gen- ment that we’re supposed to do busi- not one, but two wage concessions. tleman who I’ve really got to enjoy in ness with. We’re supposed to trade. And guess what? The people in So- this Congress, a gentleman who has Here we are, the United States, nora, Mexico can’t afford those refrig- really been a strong advocate for our greatest democracy on this planet, and erators that they’re making. In fact, veterans, who definitely has been a they want us to fashion some type of a they’re coming across the border ille- leader in that area on the Veterans Af- trade deal with a country that has gally because they’re not making fairs Committee, but also a gentleman paramilitary people go out and assas- enough money at that factory. who is extremely interested in the sinate trade unionists and their fami- So to my friends at Maytag I would trade issues, knowing what trade has lies. We can do a lot better than that. say, thank you for nothing. done to his State in Illinois, Congress- I notice the President of Colombia Look, I’m a card-carrying capitalist. man PHIL HARE. was here just last week, and I echo my I’ve said this many times, Madam Thank you for coming to the floor colleague, Representative Speaker. I want to see businesses make this evening. I look forward to hearing SCHAKOWSKY’s remarks, Madam Speak- money. But I also want to see a system your remarks as they relate to trade. er, when she said to President Uribe in of fairness in this whole trade thing. Mr. HARE. Thank you very much. her remarks saying, come back in a I think it’s the minimum we can do And I thank my friend from Maine for year. Come back in a year and prove to is to expect this Congress, that when his leadership. And as you know, this Congress and prove to the Amer- we negotiate a trade deal, and when you’re my subcommittee chairman on ican people that you’re serious about we’re looking at a trade deal, is to Veterans Health. And you lead and you these violations; that you’re going to stand up for those very people whose do a wonderful job on that committee. prosecute more than 39 people, which is jobs are on the line. And I’m just honored to be able to all that’s been prosecuted under this These are veterans who fought and serve with you. government. defended this country. These are people I want to thank you, and I want to My colleague from Maine mentions who want to put their kids through thank my colleague, Congresswoman the loss of textile jobs and paper jobs school. They want to see their kids get SA´ NCHEZ from California, for her great and steel jobs. I talked to one of my married and be able to afford a home. leadership on this whole issue of trade friends, Representative BUTTERFIELD, They want to spend some time and be and protecting American workers and and he had, at one time, in one county, able to retire with some dignity. standing up for ordinary people. in one county in his Congressional dis- Instead, we outsource their jobs. We I don’t have a prepared speech to- trict, he had 10,000 textile workers in give them a Trade Readjustment Act night, Madam Speaker. I came here to- one county. I said, how many do you that isn’t really worth the paper it’s night just to kind of have a dialogue have today? And he said, I have zero. written on in the final analysis. It for a few minutes and talk about some They’re all gone. doesn’t nearly make it up. of these trade deals from the perspec- We can do a lot better than this. My Now I want to say one thing about tive of what I’m hearing back in my basic question to those people who that before I just conclude here. Some district from ordinary people who get want these trade deals is just simply of the workers at Maytag were told,

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If it means vot- Maine and I probably ought to take a the first questions he asked was, ing against the rule when immigration look at that maybe some day. ‘‘Where are you on trade?’’ And I told comes up, I am prepared to do that be- But they were told, you need to get him and he said, ‘‘What can I do to cause this issue is so important that into a growing field like health care. help?’’ And he has been a wonderful we need to change the direction. We So 300 workers, displaced workers at leader on this issue. have got to get off this slippery slope if Maytag did just that. That was the And this battle will go on. This hour we are going to make this country con- good news. They went to school for a will end, but the battle will go on. And tinue to grow. year. The bad news was, there was only I am not giving up, and the people that It is now a great pleasure to intro- room for 30 of those workers, 30 of believe that our manufacturing base duce a colleague of mine who is very those workers to continue in can be saved, we are not giving up. I familiar with labor issues, who is defi- practicums so that they could practice am going to support the Patriot Cor- nitely taking on a leadership role, medicine. poration, which helps keep American along with Congressman HARE from So what was the response to those 270 jobs here and stops giving tax credits Ohio. Congresswoman SUTTON has been people who were left out? to companies that outsource overseas. a true leader. Have you thought of going into cos- I want fair trade. I will vote for any I really appreciate very much, con- metology? trade deal that comes down as long as gresswoman, all that you have been Well, that’s a wonderful thing. That’s it meets the criteria that it stands up doing. You are a tireless advocate for a great way to treat workers. for ordinary Americans. working people here in this country, No, they don’t think about cosme- With that, I am just honored that I small businesses here in this country, tology. What they think about is what was allowed to participate this and I really appreciate the way that should have been and what could have evening. Thank you, Congressman you have taken on this leadership role, been. What should have been was this MICHAUD. and I look forward to continuing work- Mr. MICHAUD. Thank you very Congress, this House, should have said ing with you on issues as it relates to much, Congressman HARE. I really ap- no to NAFTA. trade and other issues. preciate your leadership in this whole And when it did say yes, and I wish I I yield to the gentlewoman. trade debate. It is very important, very was here, I could have voted against it, Ms. SUTTON. Mr. Speaker, I thank valuable that we hear freshmen class, should have had a moral obligation to the gentleman for yielding. and the freshmen class has definitely say to those workers, we’re going to do First of all, I want to thank my col- been pretty vocal on the trade deal. leagues Mr. MICHAUD and Ms. SA´ NCHEZ everything we can to help you hold on. As I mentioned earlier, if you go any- and Mr. HARE. You have been leaders in But it didn’t. where in my district, you will see a lot this fight for a new U.S. trade policy And I am saddened that some Mem- of abandoned mills. What used to be vi- for many years to benefit and to help bers in my own caucus think that brant, a lot of workers working there, our working men and women, our busi- every trade deal that comes down is they are no longer there today. something that we ought to take a The other issue that is very impor- nesses, and our communities, and we appreciate your efforts. On behalf of look at. tant, and Congresswoman SA´ NCHEZ ac- Let me suggest this, and I will close tually touched upon it, is immigration. the people of the 13th District of Ohio, by saying this. I ran on this issue for I know the Senate has been talking I appreciate your efforts working to the United States Congress. I talked about immigration quite a bit. We will craft a new trade model that won’t about it every candidate forum I had. I be talking about it soon. But before I leave our businesses and our workers had four opponents in the primary, and vote for any immigration bill, I will at a disadvantage. I ran on this issue of trade. look to see if they are taking care of And, frankly, last November in the election, the American people cast b 2015 the fundamental problem in immigra- tion, and that problem is trade. votes that reflect their desire to put an I said I will support trade as long as If you look at the reasons why a lot end to the flawed trade model that has it does not outsource our manufac- of undocumented immigrants are com- had a devastating impact on our fami- turing base and that American agri- ing from Mexico to the United States, lies and businesses and workers and culture has a seat at the table. I won they are coming across the border to farmers and communities. that primary, and I went on to the gen- get a job. And the reason why they are And yet we recently heard about a eral election, and I ran against some- coming across the border to get a job is new trade deal, and it has been men- one who supported NAFTA, who sup- because they are living in substandard tioned here today, revolving around ported GAT, CAFTA, supported all conditions in Mexico. the Peru and Panama Free Trade these Bush trade deals, and I walked Let’s go back a few years to when Agreement. And that recent deal be- out of that election with 57 percent of NAFTA was passed. One of the argu- tween some congressional leaders and the vote. Part of that, I believe, is be- ments why we should pass NAFTA was the Bush administration seemingly cause the people of the 17th District of because all boats will rise here in the provides that labor and environmental Illinois know what it is like. I had six United States and in Mexico. And by standards will be added to those two clothing and textile plants in my dis- raising the boats in Mexico, the work- free trade agreements. However, short- trict. I have three with one ready to ers that come across the border ille- ly after that announcement was made, go, soon to close. gally will stay because they will have reports indicated that those standards I say, as long as I am in this Cham- their jobs, they will earn good wages, might be put into side agreements or ber, and I don’t know how long that and there is no need to come across the side letters, and those statements were will be, I am not going to vote for a border. As a matter of fact, at the time made by those who represent the mul- trade deal that will outsource one Madeline Albright made comments and tinational interests who have been ben- American job, that will take one farm- encouraged Congress to support efiting under our current failed trade er for granted, that will tell people you NAFTA because it will help solve our policies. And they have boasted also really don’t matter because you have illegal immigration problems, and she about how those standards would not to look at the whole picture. So I say went on to say if it doesn’t solve them be enforced. And based on this adminis- this to Dave Bevard and to those peo- or help solve them, then we know it is tration’s abominable record on enforc- ple who may be watching tonight, from a failed policy. ing free trade agreements, I think we this freshman’s perspective, and I can’t Well, it is a failed policy. It hasn’t can all agree that that is what will thank Congressman MICHAUD enough helped. It has gotten worse. And this is happen under this administration.

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.001 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15314 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 June 11, 2007 It has been mentioned here today that there are those in Washington think, yes, we have a trade deal; if you that there was a free trade agreement here who seem to believe that we can don’t like it, vote against it. Yes, with Jordan that was entered into by continue our current trade policies and that’s the easy way out. What a lot of this country, and there were many who that other countries will change. But our colleagues do not understand is support fair trade, like Mr. MICHAUD why would they? It is working for just what you have mentioned; these and Ms. SA´ NCHEZ and Mr. HARE and me. them. Just look at our trade deficit. are people’s lives. You’ve seen it first- Of those who support fair trade, some Well, those politicians who think this hand, Congressman HARE has seen it of them saw fit actually to support is a good system that we have going firsthand, I’ve seen it firsthand, where that free trade agreement with Jordan should visit Ohio’s 13th District. Come people who have lost their jobs, who in because it had environmental and labor and see the places that I have the a lot of cases are up there in age, 50, 55, standards in the agreement. honor to represent because a lot of peo- 60, that now have to change their lives, Well, what we saw is that despite ple there are hurting from the failed they have to try to get retrained, try those standards, under this administra- trade policies that have been thrust to find another job. In the meantime, I tion, despite records indicating docu- upon them. Ohio has lost 200,000 manu- know in my district, where we have mented cases of child sweatshop labor, facturing jobs since 2000. Communities over 33 percent unemployment, we among other things, there was no en- have been hurt and families struggle. have seen alcoholism and rape in- forcement of the standards. So the fact Futures have been destroyed. There are crease, divorce increase. The fact that that they are going to be on paper but kids out there who will not go to col- students at high school, their dreams not enforced really isn’t what I believe lege. There are families out there were shattered because they no longer the American people had in mind when where health care needs are not being had the means to further their edu- they voted, and I certainly don’t think met. And it is directly related to our cation. We actually had a high school it is all that we need to be doing in failed trade policies. And unless we in my district where the senior class Congress to fix our broken trade sys- make meaningful changes by enacting did not know whether they were going tem. a truly new trade model, we can’t re- to be able to graduate or not because Now, in an effort to shut down the verse this downward spiral. the mill that closed its doors paid 80 debate, oftentimes those who are bene- So while it is encouraging that these percent of the tax base, which they had fiting under the current trade system two free trade agreements seemingly not paid, so the accreditation was in characterize those of us who are seek- provide for the possibility of stronger jeopardy. ing to fix it as protectionists. They in- labor and environmental standards, sinuate that we are really against any enforceability, as I said, relies on These issues are extremely important trade and don’t understand the reali- the Bush administration, and it ap- to each and every citizen in the State ties of globalization. Well, that is in- pears that it may be a paper victory to of Maine, whether you’re a Republican, correct. This isn’t about being pro- have those standards in the agreement Democratic, green or independent. But trade or antitrade. It is about the rules even if they find their way into the there are also issues that are issues we of trade and ensuring that they are fair core part of the agreement, which we have to deal with collectively, they’re and enforceable. We need a trade model are not certain that we will actually not Republican issues or Democratic that truly allows fair competition be- see. issues. No one is to blame. I think cause we know that if provided that op- One more thing or, I guess, it is the there is plenty of blame to go around. portunity, we will excel in the global overarching thing: The Constitution of Actually, it was a Democratic adminis- marketplace. And that is the trade the United States rests responsibility tration that brought us NAFTA. Now model that we are fighting for. We are for trade with the United States Con- it’s a Democrat-controlled House and fighting for a trade model that will not gress. I think that we head down a slip- Senate, that hopefully we will change reward companies for moving overseas pery slope as we continue to cede re- the model. And that’s what it is about. or outsourcing jobs and will put an en- sponsibility to the President for trade. And you hit the nail right on the head; forceable end to illegal foreign sub- It should be understood, as was re- it’s not about being protectionists, it’s sidies and currency manipulation. We flected in our recent elections, that about how do we want that trade model are fighting for a policy that will pro- Congress must reclaim its constitu- to look. vide incentives to help our businesses, tional authority and responsibility and I hope that the presidential can- workers, and communities thrive that stop ceding its responsibility to the didates, as they go around this coun- will require reciprocity of market ac- President. It is our job to ensure a vi- try, will start talking about trade. I cess and ensure products produced else- brant and fair trade policy, and we am very pleased with a couple of the where are safe for consumption here. have to focus our attention on this House Members, Congressman Now, we agree that we must invest in task before it is too late. KUCINICH, Congressman HUNTER, a Re- new technology, innovation, and work- So the inclusion of labor and environ- publican, who has been very vocal on force development, and we have to in- mental standards on paper, okay. But, China currency manipulation. He has vest in research and development. But truly, the American people expect legislation dealing with China manipu- it is not an either/or proposition. Un- more. Our needs are much greater than lation, along with Congressman RYAN. less we also develop a new trade model, that. And we must develop a new trade Congressman HUNTER also has bipar- our workers, businesses, and commu- model that is enforceable and com- nities will continue to be unfairly un- tisan legislation with myself and Con- prehensive, not just on paper but in re- gressman PASCRELL, who is a lead dercut, and we see that reflected in our ality. And we have to do it imme- soaring trade deficit. sponsor, on the value-added tax. He is diately to keep the faith with the out there, out front. So why is it that the Bush adminis- American people. tration and many Members of Congress I want to know where the other can- find it acceptable that other nations b 2030 didates are standing because this up- engage in unfair trade practices at the With that, I yield back to the gen- coming election is going to be ex- expense of those who toil here, whether tleman from Maine. tremely crucial to where this country it is a lack of meaningful and enforce- Mr. MICHAUD. Thank you very is heading. We have a lot of issues we able labor and environmental stand- much, Congresswoman. have to deal with, the value-added tax, ards or currency manipulation, tariff I can see from your comments and currency manipulation. When you look and nontariff barriers, value-added from hearing your voice that you truly at the whole patent issue, what’s hap- taxes, and we could go on and on about care about the people in your district. pening with that. We have a huge trade the tactics that are used and keep our And that’s what I think has been miss- imbalance. How are we going to bring businesses and workers at a disadvan- ing in this debate from some of our col- that trade imbalance back into line? tage? But for some reason it seems leagues on both sides of the aisle. Some That’s why, Congresswoman SUTTON, I

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.001 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 15315 am very pleased to work with you be- dow is closing, that there are many ple. We have to look at how we can cause we’re not only working as Demo- who want to literally ‘‘make it in change that model. crats, we’re working with our Repub- America,’’ but because of the policies We have talked, I heard earlier, lican colleagues across the aisle, we’re that we have in place, it is becoming about the issues of training. Well, if working with environmental groups, all but impossible for them to do that. you look at what happens when a mill labor groups. The business community, Once that window closes, I don’t know shuts down because of unfair trade the United States Business and Indus- how we get it back. So, we cannot deals, yes, they do get training, as I try Council, which has an association allow that to happen. mentioned earlier, but what are they of small manufacturing businesses here On that point, I think that while we going to train for, particularly when in this country, has been very vocal on are sort of focused on this new deal you have mill after mill after mill these trade issues, which is important about the Peru and Panama Free Trade close because of trade deals, there’s not because you have that business com- Agreements, which of course represent much you can train. But also, when munity and labor working together. a very, very small, minute portion of you look at some of the benefits and That’s what it’s all about. Definitely trade with this country, we are focused some of the problems we have seen be- there are those large corporations who on that and the fact that there will be, cause of mill closures. In the Katahdin have operations in India and China. at least on paper, some environmental region, where I am from, when the These trade deals are nothing but a and labor standards. Of course we are mills shut down, a lot of individuals ac- bottom line for them, but that bottom all very much in support of environ- tually had to tap into their 401(k) plan line for some of them could ruin this mental and labor standards. But when just to survive. What happens when country. we know that they are not going to be they file their income tax? They get We are heading for a perfect storm. enforced and they are then just going penalized because they had to tap into We have the largest budgetary deficit to result in two more trade agreements their 401(k) plan. That’s unfair. That’s in our history. We have the largest that will result in more jobs being lost unjust. When they applied for unem- trade deficit in our history. We cannot in this country, it doesn’t really seem ployment, guess what? They’re taxed sustain that type of deficit, either like the right place for us to be focus- on their unemployment. Now, if you budgetary or trade, if we are to main- ing when we have such a short window want to talk about giving tax breaks to tain our status, if we are to be a world of time. anyone, it’s those who are unemployed leader. That is why it is very impor- Again, you point out some very im- who actually should have the tax tant for the American people to de- portant pieces of legislation that are breaks. mand that those who are running for pending here in the House, including You look at what has been talked higher office, whether it’s Congress or the Currency Manipulation bill that about earlier as well, the labor and en- the Office of the United States Presi- Congressman RYAN and Congressman vironmental standards that they say dent, they have to demand to know HUNTER have sponsored and I think we will be part of the cortex on Peru and where they stand on these issues and be are probably cosponsors on. That is an Panama, that is yet to be seen. I think held accountable. Because so far, from important place that we could be focus- we have seen articles in the paper what I have seen, there hasn’t been ing on that could make an important where the administration is starting to much leadership in that particular difference in the very near future if we slip out of that deal to try to conjure area. could enact. up some other deal and say, well, we If we are going to fund education, The value-added tax, a similar situa- will put it in the side room and what health care, issues with childcare, tak- tion. We could be focusing, as Congress have you. So it will be interesting to ing care of our veterans, maintaining is responsible for trade, on these mat- see what they finally come up with. our super power status of military, we ters that would really make a dif- But no matter what you do on labor have to have an economy that allows ference in the way trade plays out for standards, when you look at the Co- us to do that. We cannot have that the people who we represent in this lombian trade deal, some of our col- economy if we continue to outsource country. I think that that would be a leagues say well, there are some labor our jobs overseas. much better focus than to continue to violations. Well, I like the way that I yield to the gentlewoman. cede responsibility to this administra- they talk about ‘‘some labor viola- Ms. SUTTON. The gentlewoman’s tion. tions.’’ They are talking about assas- points are well taken. It is a critical time. I know that the sinations of trade activitists. That’s I am glad you brought up the issue of people back in Ohio are counting on us. more than just a labor violation. And how far-reaching the effects of our And Ohio is going to be in the center of to say that well, we will put the stand- failed trade policies go. I mean, the re- the storm, if past history is any indica- ards in the trade deal, that is not going ality is that when we lose these jobs tion, in these upcoming presidential to solve the problem. due to our broken trade system and the elections. And this is an issue, I can as- I met with the President of Colombia unfair trade policies that others pursue sure you, that will be front and center and I told him right up front that I and we don’t stop, what happens is our in the minds of those people in Ohio as want to see results before I support communities sometimes crumble be- it was last year when they cast their anything. I don’t want to see more ver- cause when those employers pull out vote. biage in a trade deal to say that they and the jobs are gone, the tax base is With that, I will yield back to my will take care of the problem. If they gone. And then the city can’t deliver good friend from Maine. want to stop these assassinations, they services, our schools can’t fund our Mr. MICHAUD. Thank you very can do a lot more than what they are education for our children. So it has much. This is, as you said, a very im- doing currently today. I met with sev- these multiple ill effects that are set in portant issue. And we are on a slippery eral elected officials, individuals from motion. slope currently. Colombia, on a couple of different occa- You also raise a really important When you look at Fast Track, Con- sions. And when you look at how some point, and I think it’s worth empha- gress is giving up our responsibility as of these people are being assassinated, sizing. Oftentimes, Congressman elected officials, as a co-equal branch on two separate occasions, with other MICHAUD, when we have these discus- of government if we pass Fast Track. Members of Congress, when I was talk- sions about trade, they like to say this Congress has no ability to amend trade ing to these individuals, what they is about business versus workers. And deals under Fast Track, and I think it’s have done is to set an example of some- as you rightly point out, of course, the taking the easy way out. I do not be- one who is a union activist. They have U.S. Business and Industry Council has lieve that Fast Track should pass. I actually beheaded them in front of been saying much of the same things will oppose Fast Track because it is their neighbors, to set an example, and that we’ve been saying here on the not a good deal for Congress and it is played soccer with their heads. And floor because they know that the win- not a good deal for the American peo- this is a country we are going to sign a

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.001 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15316 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 June 11, 2007 trade deal? That is outrageous, and it out of school wants to sit behind a how important this issue is and what is is just disgusting to see that sort of computer terminal. There is great at stake. thing happen. strength in working as a welder. It is a Let me again thank my colleague Before I do anything on the Colom- great task to be a fitter. It is a great from Maine for his leadership on this bian trade deal, I want to see the num- task to be able to do something with issue. He is probably one of the most ber of trade unionist assassinations your hands. God didn’t create all of us forceful voices we have in this Cham- drop. I don’t want to see writing, I to sit behind a terminal. I am con- ber to stand up for American working want to actually see results. And that vinced of that, because I am computer men and women. I am honored to be is what is so important, when you look illiterate. I am living proof. I cut lin- here tonight, and I’m honored to serve at these trade deals; they are affecting ing for men’s suits for 13 years, and I with you, and I thank the gentleman people’s lives. These people are more know this: I know that we manufac- for giving me this time. than just numbers on a paper. I wish tured a marvelous product. I know my Mr. MICHAUD. Well, thank you, very some of our colleagues could really un- cutting room was outsourced because much, Mr. HARE, for your compliments. derstand that. I don’t think they do. you can’t compete against 17 cents an But we are here as a team. We are here Probably because they haven’t been af- hour. to do what is right for the American fected like your district, Congressman The unionized clothing worker back people, whether you are an employee, HARE, my district. then was making a whopping $6.07 per whether you are an employer, because I think it is important for the Amer- hour when I worked in this factory. So that is very important. ican people, also, to really focus on this nonsense about American workers I know that you know as well as Con- what is happening here in Congress. pricing themselves out of jobs because gresswoman SUTTON and a lot in the Just because it’s a new Congress of collective bargaining agreements, freshman class who actually ran on doesn’t mean that we are going to that dog, as they say, just isn’t going this issue, you have seen what it has change in a new direction when it to hunt. done to your districts. You have seen comes to trade. They want to see re- I would ask this body, this House, to what it is doing to our country. It is sults like we want to see results, and pay attention to what the American very important that those who are sit- hopefully we will see results in this up- people said last November. They sent ting here get out there and talk to the coming debate on trade. us here to do something positive for people who have been affected by this. And there are some issues we can do them. I haven’t met a worker yet who It is not that we have to pass trade right now without trade deals. We can said, could you do me a favor, PHIL? I deals because you want to be good on pass the Currency Manipulation deal- hope you do the best you can when you business or vote against them because ing with China, that can be done right get out there to make sure I can get of labor. This isn’t a business-labor now. We can pass the value-added tax some TRA funding and lose my job. issue. This is an American issue. It is issue, that is a disadvantage to busi- People want us to stand up for them, an issue that is extremely important if nesses here in this country. That def- and that is what we are here tonight we are to sustain our status in the icit alone is I believe $379 billion, a tax for. world. We have to make sure that we that is affecting companies here in the I want to commend the Congress- have trade deals that are fair. It is not United States. woman from Ohio, BETTY SUTTON. She about being protectionist. It is about has been a tremendous force in this the rules of trade. That is what it is b 2045 issue of bringing it forward, staying about, the rules of trade. And I think it That is not fair. We have to deal with with it and not being afraid to take is extremely important that the major- that. some lumps, because sometimes we can ity party and the minority party and Madam Speaker, I yield to the gen- do that in this business. the rank and file Members who are tleman from Illinois. But let me tell you, this issue that dealing with this issue look at it in a Mr. HARE. Madam Speaker, the we are talking about this evening is comprehensive manner. point is, if we’re going to trust this ad- one of the most important issues this We have to do several things, as I ministration to enforce labor standards country faces. We are going to be at a mentioned earlier, and there is a lot we and environmental standards, this is crossroads with these trade agree- can do next week and the week after the same administration who hasn’t ments. We can either decide to stand without any trade deal. The currency even administered our own National up and be counted, or we can stand manipulation, there is legislation deal- OSHA program and has had one OSHA aside and watch these jobs go and be- ing with that. There is legislation in standard that they had to enforce, and moan the fact that they are gone down dealing with the value-added tax. If that was because this administration the road and try to solve this by throw- those people who are very interested in was sued to get it. ing some money at a TRA program trade, the so-called free traders, we can I would hope my colleagues wouldn’t that not only needs to be reworked, it pass these pieces of legislation this just listen to us this evening. I would needs to be reworked because it isn’t month to say, yes, we are serious about hope they would listen to the American working, and it hasn’t been working trade, and here is a start. Then we can people. Poll after poll say, if the Amer- for a long time for American workers start looking at some of these trade ican people are asked across the coun- who have been displaced. deals that have been negotiated, the try, north to south, east to west, they I just want to close by saying this to- Peru and Panama trade deal, what has are asked about these trade deals, the night: I am for trade. I have said it be- happened with Korea, and see whether American people want to see that fore. I am for any type of a fair trade or not we should enact those. But we American workers have a right to be agreement that works. But I will not have to start, and we have to start competitive. vote for a single piece of legislation today. I wrote down a list of some things: that comes to this floor that will We are a new Congress, a Congress to Steel, televisions, camcorders, cloth- outsource one more job, not just from which the American people said that ing. The list goes on. It isn’t that we the 17th District of Illinois, the 13th we want a new direction in this coun- don’t have the workforce that can District of Ohio, a district in Maine. try. And we have to give them the new manufacture and make these things. But from Maine to California, we direction that they want, because I can They were quality products for years have a responsibility. I am here be- guarantee you, in this upcoming elec- and years and years. Unfortunately, we cause of the working men and women tion cycle, if we do not make changes have had a Government that felt that of my district. I am going to do the in how we deal with the trade issues, it was okay to take those jobs and to very best I can. And I will tell all of we will be on a slippery slope. I don’t move them out. them that are watching, I would en- want that to happen. I would also remind some of our col- courage them to talk to their Rep- I think the American people deserve leagues that not every person that gets resentative and to try to tell them just better. The American people deserve

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.001 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 15317 better, and the business community in for any registered full-time teacher in for any Member of Congress convicted this country deserves better. Hopefully America, that they have complete dis- of any one of 21 separate public integ- we will be able to give them that. cretion to search a book bag or a lock- rity felonies. It was a bipartisan vic- Once again I want to close by thank- er to make sure that the classroom was tory, with the full support of Speaker ing you very much, Congressman HARE, gun-free. As a former teacher myself HASTERT and Speaker PELOSI. This leg- for your strong leadership, and you, and as someone who has worked with islation, once again, was delayed and Congresswoman SUTTON, both in the many teachers, I think it is appro- killed in the United States Senate. freshman class. You’re a breath of priate for the Congress to use a teach- Today we have seen Members like fresh air here in this Congress. I look er’s full-time professional judgment to Congressman JEFFERSON from Lou- forward to working with you as we make sure that their classroom, their isiana, indicted on 16 felony counts, move forward in this debate. workplace, was a safe place to be, not and, but for this legislation, would f just for teachers, but especially for have a right as a nine term Member of children. Congress, if convicted and if losing all THE SUBURBAN AGENDA When we have seen attacks in places of their appeals, to collect a $50,000 a The SPEAKER pro tempore (Ms. like Winnetka, Illinois, or Columbine, year pension, even if convicted for be- BERKLEY). Under the Speaker’s an- or even Virginia Tech University in traying the very taxpayers that pay nounced policy of January 18, 2007, the Blacksburg, Virginia, we can see that that pension. gentleman from Illinois (Mr. KIRK) is there is a need to fully empower teach- b 2100 recognized for 60 minutes as the des- ers with the right to search to make The Congress in February passed ignee of the minority leader. sure that their facilities are safe. The Mr. KIRK. Madam Speaker, as we very limited pension reform legislation Student and Teacher Safety Act passed which wouldn’t kill the pension for a begin the work of this Congress, we the House unanimously in the last Con- should follow several key principles. Member of Congress on conviction of 21 gress, was delayed in the United States felonies, but instead would only kill Our first principle, which should be the Senate, and no action has been taken that pension for conviction of any one main work of this House, should be fo- this year. of four felonies. And basic felonies like cused on key major issues before the The Congress in the last term also wire fraud and income tax invasion country; the second principle is that passed the Open Space and Farmland would still allow the payment of a con- we should be effective and enact solu- Preservation Act. We have seen gressional pension. tions for the American people; and the throughout America, especially in sub- Despite limited action by the Con- third is that we should use this debate urban communities, rapidly dis- gress in January both in the House and to build consensus to deploy bipartisan appearing green and open space. It is Senate, legislation to kill the pension action on behalf of our country. very important for us to defend the Na- of a Member of Congress convicted of a One commentator looking at the tional Park System. In fact, I think felony has been completely stalled, record of the current Congress said the country should set a long-term completely stalled in February, in that we are packing two days of debate goal of doubling the size of the Na- March, in April, in May, and now in the into a four-day workweek. When you tional Park System. But we also want first weeks of June with no action and look at the record of this Congress so to make sure that we preserve green potential actions against other Mem- far, you can see that we have taken ac- and open space close to where Ameri- bers of Congress convicted of a felony. tion on 13 bills to name a Federal cans live, in the suburbs. In my view, the hundreds of thou- building or post office or to build a This act would establish new and sands of dollars paid each year to Mem- road, we have enacted five bills to ex- local grant programs to help protect bers of Congress convicted of a felony tend preexisting laws that were already suburban open space. Without action are a travesty and should be stopped by on the books or passed last year, and by the Congress, in 20 years time, the elected representatives of the we have passed eight bills cosponsored many of the areas where we currently American people to defend the tax- by a large number of Republicans or see green and open space could be an payer. passed entirely without opposition. It unending series of strip malls, remov- All of this details the lack of a sub- is not an impressive record of work so ing an ambience, hurting our environ- stantive agenda by this Congress which far. And when you look at the actions ment and delaying our ability to take should be put before the American peo- of this Congress, you can see many effective action on global climate ple working on issues that they care pieces of legislation on which there has change. This legislation passed unani- about, on key challenges before their been no action in this Congress, despite mously in the last Congress, but this families. As I have outlined, beyond a great need by the American people. Congress has failed to take any action naming some Post Offices, designating One of the key pieces of legislation on it. some roads, and passing legislation on that passed in the 109th Congress was One of the critical issues before this which there is little to no debate, this the Deleting Online Predators Act. Congress is whether to pay Members of Congress has not done much yet and This is a bill which would protect chil- Congress who have been convicted of a right now is falling beneath its poten- dren from online predators, especially felony and who have lost all of their tial as a great deliberative body of one those who use social networking sites appeals and beyond the shadow of a of the world’s premier democracies. like MySpace.com, the number one doubt stand condemned before the What I would like to do tonight is lay website on the planet, where the Cen- American people, and yet still collect a out a new agenda, an agenda that ter For National Missing and Exploited pension for their service in the Con- would be meaningful to many Ameri- Children reports that at any one time gress. cans and taking on key problems be- there are 50,000 sexual predators online We have seen Members of Congress, fore them. trying to get the attention of children. like Dan Rostenkowski or Bob Ney or This action was proffered before in This legislation, the Deleting Online Duke Cunningham or James Traficant, the enactment of the suburban agenda Predators Act, passed the House of all completely convicted by a jury of last year which took action on a num- Representatives last year by a vote of their peers beyond the shadow of a ber of key items like the School Safety 410–15. It stalled in the Senate, and as doubt, Members of Congress who lost Acquiring Faculty Excellence Act au- of yet in this Congress there has been or did not exercise any of their appeals, thored by the gentleman from Nevada no action whatsoever. who are currently or have served in (Mr. PORTER). That bill basically took In the last Congress, we also passed jail, and yet today or in months past up the issue of Jessica Lunsford who the Student and Teacher Safety Act. have collected their congressional pen- was killed by someone employed by a The Student and Teacher Safety Act sions from the jailhouse ATM. school who had never had a background was endorsed by the National Edu- In 1996, the Congress passed com- check. Despite his clear and demon- cation Association and would say that prehensive reforms to kill the pension strable criminal record, this man was

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.001 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15318 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 June 11, 2007 allowed to be in close contact with top three national drug gangs and lay the average American family, espe- children leading to a tragic result. out a 4-year strategy for taking those cially in the suburbs, will have seven The School Safety Acquiring Faculty drug gangs down. This is something en- jobs over their lifetime, and we still Excellence Act passed the Congress and tirely appropriate, to lay out a man- have thousands of Americans exer- allowed every school in the country ac- date for whoever is our next President cising their COBRA rights to continue cess to national criminal databases in of the United States to make sure that their health care coverage. Under Fed- order to ensure that every activity was we remove this threat to the American eral law if you have been covered by an taken to make sure that people who people. employer-provided health care plan, if are put in close contact with children If you added up all of the documented you lose your job, you can still con- did not represent a clear and present gang members who are in the United tinue health care and insurance for danger to their safety. States, it would total the size of the your family for at least 18 months at The Congress also took on the issue seventh largest army on the planet. your own expense. But many Ameri- of open space by passing the Charitable The average gang shooter in my State cans hit the end of that 18-month limit Donations For Open Space Act. This of Illinois is in the 7th grade, and this and they will not be allowed to have a improved the treatment of conserva- is a threat that the Federal Govern- safe place to cover their family with- tion easements and other open space ment in Washington can help law en- out extension of these rights. donations critical to preserving green forcement deal with. The Health Insurance Portability and open space in the suburbs. A second piece of the suburban agen- Act, otherwise known as the Health In- We also looked at the issue of helping da is the 401 Kids Family Savings Ac- surance For Life Act of 2007, would families with expanding college costs count Act by the gentlewoman from Il- allow families at their own cost to con- by expanding permanently the charter linois (Mrs. BIGGERT). We look at key tinue their health care insurance so of so-called 529 college savings account. figures like 70 percent of Americans there is always in a seven-job career a In my home State of Illinois, these fear it will be more difficult for their safe place for their family to be cov- are called ‘‘bright start accounts.’’ And children to remain in the middle class ered. And there would always be an op- by permanently extending these tax de- than it was for them. You have to sim- tion to maintain that coverage. ferred savings plans, we helped Ameri- ply ask the question: How likely or As I mentioned before, one of the key cans with their college savings. how easy will it be for your children to parts of our agenda is the Deleting On- With those pieces of legislation, and afford the very house that they are line Predators Act because throughout the ones I talked about earlier which being raised in? America we have not seen a reduction passed the House in an overwhelming Access to college in our view is a in people who would seek to use the bipartisan fashion but were killed in critical step to making sure that your new and powerful tools of the web and the Senate, we laid out a work plan for children have a chance to be full and the Internet, and especially social net- the Congress strongly supported by the successful members of the middle class. working sites, to reach out and attack American people with overwhelming When we have seen universities like children. It is already common knowl- bipartisan support on the Republican George Washington University now to- edge through the culture, and espe- and Democratic side. taling $50,000 a year for tuition, we can cially through shows like Dateline But as I detailed, key pieces of legis- see a substantial roadblock in the way NBC, that we have seen repeat offend- ers, even on the same network news lation remain to be enacted like the of the future success of one’s son or show. Deleting Online Predators Act, like the daughter. The suburban agenda also includes Two Student and Teacher Safety Act, The 401 Kids Family Savings Ac- other key items. The one at the bottom like the Open Space and Farmland count, and previous legislation mod- is very important for the mid-21st cen- Preservation Act. Persistence is a eled after it, would allow every Amer- tury, and that is the Senior Safety For value strongly rewarded in the United ican to build success upon success. One Dignity Act. The Senior Safety For States Congress, and following on that of the best things that the Congress Dignity Act updates a set of bill of value, we have laid out a new suburban has done is to allow every American rights for Americans who need nursing agenda for this year. The suburban working with the opportunity to estab- home care to ensure that they main- agenda outlines a number of key pieces lish a 401(k) retirement program to tain their dignity. This is legislation of legislation that directly meets the build tax deferred savings for their put forward by Mrs. GINNY BROWN- needs of American people in bipartisan families. WAITE of Florida. ways to make sure that we are working Tens of millions of Americans have The Senior Safety For Dignity Act is on the key issues of the day and move now established those 401(k) programs, very important because in our country the ball effectively, building bipartisan and we would like every American to the baby boom is aging. The first baby consensus. have a chance, an opportunity, to es- boomer collects a retirement check in Key items on the suburban agenda tablish a 401 kids account for their new 2009. The number of retirees in America include the Gang Elimination Act by son or daughter, from the first day will go from 35 million to almost 90 Representative REICHERT, which looks they are born, tax deferred savings for million, and the need for nursing home at a key problem in the United States college, for the first-time purchase of a care in our country will grow. We need which is of internationally connected home or for starting a new business. to upgrade the bill of rights for Ameri- drug gangs representing major fran- This would not only help boost the cans in nursing homes because of the chises in criminal activity, moving to savings of the United States, but it large expansion in capability that we the suburbs, potentially overwhelming would be a dramatic way to upgrade will need in our country and to make suburban law enforcement commu- the financial education of American sure that the quality of care is main- nities. While large cities like New York children because these 401 kids account tained. or Chicago have large gang intelligence statements would come into parents One of the experts in this Congress is units and years of experience in dealing and allow each one of them to sit down my colleague, a physician and a Mem- with international drug gangs, drug with their son or daughter and see how ber from Georgia, Dr. PRICE, who can gangs that are now moving to the sub- a disciplined pattern of savings and in- comment on a number of these key urbs can quickly overwhelm a small vestment could build a lifetime of good issues. police force like the one in Waukegan, habits for that child. Mr. PRICE of Georgia. It really is a Illinois, that is facing a criminal em- One of the other pieces of legislation privilege for me to come to the floor pire that comprises thousands of poten- is the Health Insurance For Life Act by tonight and work with you, Mr. KIRK, tial gang members, and links to a num- the gentleman from Pennsylvania (Mr. for a few moments and to explain to ber of countries. DENT). The Health Insurance For Life our colleagues here in the House and to The Gang Elimination Act calls for Act would basically look at a key prob- the Speaker about the suburban agen- the Justice Department to identify the lem in today’s America which is that da, a very important area. I appreciate

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.001 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 15319 your leadership in this area. You have People want to know that their health the senior centers so that we know been steadfast in making certain that care is going to be consistent and they that the folks who were going to be as- these issues, and they may not be top- have the ability, along with their phy- sisting seniors and caring for seniors tier issues, they may not be headlines sicians, to make health care decisions, have the appropriate skills and the ap- in all of our newspapers, but your dis- which is why the Health Insurance propriate background in order to do trict, like my district, I have a subur- Portability Act that Congressman that. ban district outside of Atlanta, and DENT is reintroducing is so important. Mr. KIRK. The gentleman is one of folks there are concerned about what It makes it so, as I understand, that the most respected physicians here in folks all across this Nation are con- if an individual changes jobs, that the Congress. The difficulty before this cerned about. they’re able to provide that COBRA in- country is that the baby boom began Mr. KIRK. We have seen consistently surance for as long as needed. So it when the troops came home in 1945. So, that while events in Iran or Iraq, while makes it so they can continue that for an American born in that key year, issues concerning global climate COBRA insurance for a much longer you’re going to be collecting a retire- change, and of course the immigration period of time, to tide them over until ment check in 2009 when you hit your bill in the Senate are all front-burner they’re with another employer or they 65th birthday. There are so many issues, but for American families, edu- can be able to provide for individual in- Americans that then enter the retire- cation, health care, protecting the en- surance on their own. ment cohort and that may need nurs- vironment and saving for college are It’s not the be-all-and-end-all, but it ing home care. That is the critical rea- important issues. is a particularly important piece of the son why this Congress may have to Mr. PRICE of Georgia. That really is puzzle that makes it so that people can work on fewer bills naming post offices true. When I talk with groups at home, maintain their own health insurance, and designating roads and more on and once we get past the hot button, and I know that you agree with that. making sure that we maintain quality the headline issues of Iraq and immi- Mr. KIRK. The need here is to re- senior care as the baby boom genera- gration and the like, people are con- move the fear that somehow a loss of a tion retires. cerned about education for their kids job or discovery of a preexisting condi- Mr. PRICE of Georgia. I appreciate and they are concerned about health tion will deny Americans and their that, and the point that you’re making care for themselves and their parents. families health care insurance. What is so vital for all of us in this chamber They are concerned about security and we want to make sure is you already to appreciate, and that is, that we’ve quality of life issues in their commu- have a right under Federal law to ex- now been in session 51⁄2 months, and nity to make certain that there is tend your health care insurance for 18 we’ve passed and sent to the President going to be green space and there are months. Now, we’re not talking about about 28 to 30 pieces of legislation. Al- places where can take their kids. extending it indefinitely, because when most the majority of those are naming I was sitting in my office and I had to an American reaches age 65, you’re a building or naming a post office or come down and join you. These are not going to be covered by Medicare, and if renaming a building or renaming a post Republican issues or Democrat issues, you fall below the poverty line, you’re office. these are American issues. going to be covered by Medicaid. And these issues here, if you look But for large numbers of people, espe- down the list of those seven issues, b 2115 cially looking at an unsure job market, from the gang elimination to teacher They’re issues that I think all of the we want to have them assured by this and student safety, to other education House can rally around. And you men- piece of legislation that there’s always issues with 401 Kids Family Savings tioned the health care issue, and as a a safe place for their family to be cov- Act or the Health Insurance Act that physician, I understand as well as any- ered. we talked about, the Deleting Online body I suspect about the importance of Mr. PRICE of Georgia. Exactly, and Predators Act, open space, Senior Safe- being able to provide health insurance that gets to the number of uninsured ty Act, these are the issues that are of for families. that we have in this Nation. There are vital importance to the American peo- We live in a world now where jobs 45, 46, 47 million individuals who at ple all across this Nation. These are aren’t constant. It used to be that your some point during this calendar year issues that, frankly, ought to get the dad and my dad and other folks, they’d will be without health insurance. vast majority of Members of this cham- get a job and they’d be with that same Those aren’t the folks that are on Med- ber on both sides of the aisle’s support company 25, 30, 35 years, and they’d get icaid. Those aren’t the folks that are so that we could move forward with a gold watch and they’d move on and on Medicare. Those are the folks that real legislation for real people. they’d take that health care with are between jobs oftentimes, who are Mr. KIRK. I take the gentleman’s them. Now, that’s not the case. Our unable to continue the COBRA insur- point. When you look at our legislative children will have 7, 8, 9, 10 different ance that they ought to be able to, and work, in 51⁄2 months, in such promise jobs, 10 different employers and often- this is what this bill would do. It would with the new Congress, what we’ve times having themselves as being self- really, really solve one of the major done, these are all great Americans employed. problems that we have with working who should be honored, but these ac- Mr. KIRK. One solution would be to Americans who do indeed want to pro- tions should not be the sum total of have the government take over every- vide health insurance for families. what the Congress has done. one’s health care and to make sure we So I commend you for your leader- We’ve named the Gale McGee Post take action that breaks the link be- ship on this issue and so many others. Office; the Rush Hudson Limbaugh, Sr., tween you and your physician and in- The Senior Safety Indignity Act is Post Office; Scipio Jones Post Office; sert a large bureaucracy that currently extremely important. I served in the the Lane Evans, one of my colleagues runs the post office and now put it in State legislature, as I know many folks from Illinois, Post Office. All good charge of your health care. in this chamber did, and every single Americans that should be honored, but Many of us think that that may not year we would hear horror stories this should not be the sum total of the be the way to go. The way to go is to about problems of health care workers work of the Congress. make sure that for many Americans, in the nursing home or extended care The country witnessed a tragedy in they like the health insurance plan facility arena. Blacksburg, Virginia, with the attack that they’re on, and then they would And in Georgia what we tried to do on Virginia Tech. A number of experi- like to carry that through the five to was a similar kind of thing to make enced educators saw some warning seven jobs that they will have in the certain that background checks were signs, as we saw before at Columbine 21st century. available, and this would provide that High School, as we saw before in the Mr. PRICE of Georgia. Exactly. And kind of security and that kind of im- Winnetka school system when Laurie that hits the nail right on the head. portant information for individuals in Dann attacked it.

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United States and said how do we deal are in the classrooms, and we want to In the city of Chicago, we have now with this problem. make sure that you don’t have to fear seen these gangs moving into places Sometimes I have to have the con- a trial lawyer and you don’t have to like Waukegan or Aurora or Joliet. I cern that this Congress may take ac- get a warrant. If you suspect that a don’t know about Atlanta, but it seems tion in which that number would in- threat to your classroom, to your kids like particularly appropriate when you crease, making the problem even worse has come into a locker or in through a see that the average gang shooter for by action of the Federal Government. bookbag, and now the classroom is a these international drug gangs is in the That’s why I think refocusing our work dangerous place, you have complete au- 7th grade. for actions beyond naming of post of- thority to remove that danger. Mr. PRICE of Georgia. We have simi- fices to looking at how small suburban Mr. PRICE of Georgia. And you’re lar experiences in the city of Atlanta communities are being overwhelmed by right. The incident at Virginia Tech and then in the surrounding area. I large gangs with international links, was so astounding and so horrific for don’t represent any of the city of At- some of whom may add to members if all of us to witness, and our hearts and lanta itself. My district abuts the city the wrong legislation should pass the our prayers still go out to those fami- of Atlanta, but I have small cities, Congress, that is an issue that should lies. some as small as 8- to 12,000 residents. be squarely put before this Congress. But I understand, as I know you do, I have some as large as 80- to 100,000, Mr. PRICE of Georgia. I couldn’t that there were individuals who were and then some unincorporated county agree more, and there was such great reticent to bring that out into the open areas. promise for this new Congress, this new before it happened, bring that indi- But the resources that they have majority, not of which we’re a part of, vidual who apparently committed that with which to fight gangs aren’t the but this new majority that was swept awful, awful tragedy out into the open kind of resources that large metropoli- in and began in January and all sorts for fear of potential liability. tan cities have, large urban areas have, of wonderful promises about great leg- That’s no way for a Nation to live. and this bill, introduced by Represent- islation and being responsive to the That’s no way for a responsible people ative Dave Weichert who himself is a concerns of Americans all across the to have to operate, to have to think in hero in the law enforcement arena, Nation. And what we’ve had is a legis- the back of their mind, well, can I do having been the sheriff out in Wash- lative agenda that hasn’t done that. what’s right or do I have to worry ington State. And so you and I stand here tonight about an attorney, do I have to worry Mr. KIRK. With the Green River kill- inviting our colleagues on both sides of about a lawsuit. er. the aisle to embrace this suburban This is the kind of legislation that Mr. PRICE of Georgia. Apprehended agenda, embrace an agenda that 70, 80 we, as a Congress, if we adopted these the Green River killer, and such a hero percent of the American people would seven items, I suspect that the Amer- he is, and we ought to as a House of support with common-sense pieces of ican people would say this is a Con- Representatives and as a Nation recog- legislation that address security, that gress that has acted appropriately, and nize that this Act, this would allow po- address health care, that address edu- we would all be able to stand proud and lice departments and law enforcement cation, that address caring for our sen- with that poster and present it to our officials all across this Nation to know iors, that address green space. It just constituents and say this is a respon- that there are resources being brought astounds me that we can’t get that sible agenda for the American people. to bear to identify, like MS–13, to iden- kind of support on both sides. My concern right now over the next tify those gangs that are the greatest three weeks, as you well know, we’re threat to our communities, the great- b 2130 entering appropriations time. It is very est threat to our constituents all Mr. KIRK. It’s okay to criticize, if we likely that none of these things, none across this Nation, that there is a uni- find that in 51⁄2 months we haven’t done of them, will be even brought to the fied strategy that is going to be as much as we had hoped. But Ameri- floor during this period of time and brought to bear in order to make it so cans, I think, at our core, look for solu- that we’ll get bound up in the process that we prevail in this war. tions. This Congress has 18 months to of spending hard-earned taxpayer Mr. KIRK. I’m particularly worried go. So it’s not enough just to criticize. money, trying to be responsible in that because in the recent failed Senate im- You then have to put forward a posi- endeavor. But these issues that are migration bill there was an amendment tive agenda of not only saying we supported by 60, 70, 80 percent of the put forward to deny documented mem- haven’t done enough, and maybe we American people, we ought to be able bers of international drug gangs the should not just consider 13 bills to to take those off the table right away. chance to enter the pathway to citizen- name Federal property and 5 bills to Mr. KIRK. I’m worried, too. The gen- ship that the legislation proposed. extend preexisting law, but work at tleman can talk about Atlanta. In Chi- That amendment failed. these problems. Then the question is, cago, in the Chicagoland area, we are Mr. PRICE of Georgia. This immigra- what is your agenda? now seeing a great expansion of large tion bill that was just in the Senate To date, I haven’t seen a comprehen- national gang franchises like the Latin last week, many of us had great con- sive agenda for the other side. I know Kings, like the Gangster Disciples, et cerns over, but are you telling me that that a vast majority of Republicans cetera, moving into the suburbs. A sub- there was a portion of the bill that it and Democrats will join on this agen- urban police department has far fewer would allow gang members who had da. When we look, we have a critical resources than a big city like Chicago been convicted of a felony, that if they problem with online predators, at any and Atlanta to fight these, and so were found to be illegal, that they one time, 50,000 online predators con- that’s where the Federal Government couldn’t be deported; is that what you tacting kids. There are hundreds of can come in. are saying? contacts in each month, in my own We’re particularly concerned about a Mr. KIRK. The proposed amendment congressional district. gang that some Americans have heard would have denied any documented Now, people like Julie Wachtheim, about called Mara Salvatrucha, MS–13, member of an international drug gang the President of Wheeling High School, which seems to be particularly violent from the chance to apply for the path- who, minutes after putting her class and one in which there are tantalizing way to citizenship that it proposed, photo on a new MySpace page was con- clues that there may have been discus- and that amendment was defeated 51– tacted by a sexual predator using an sions with terrorist organizations with 46. advanced search engine that obviously

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This was not part of our ating a new danger, and then Congress I worry, though, that we haven’t growing up. stepping in to make sure that danger is taken any of these actions. We have Mr. PRICE of Georgia. No, abso- removed. We are not working on that stalled actions on all of these items, lutely. right now. with an overwhelming number of Re- Mr. KIRK. The Internet was largely With the eight bills cosponsored by publicans, Democrats and independ- invented in 1996 after you and I had Republicans or passed without opposi- ents, wanting action on health care both completed college. But this is part tion, five extending preexisting public and making sure that we can afford of our children’s growing up. I think law or order, and thirteen to name Fed- college, and so far this Congress has this calls for congressional action. eral property or to build a road, that fallen short of its potential. Mr. PRICE of Georgia. I appreciate action has not been taken. Action has Mr. PRICE of Georgia. Not only fall- that. It’s not that the Internet is bad, not also been taken to kill the pension en short, but I would suggest to my it’s just that this is a different world, for a Member of Congress convicted of good friend from Illinois that the ma- and the Internet is now like Main a felony. jority party has seemed to raise hiding Street of 20 or 30 years ago, where you We have just seen one of our col- and decreasing transparency and ac- would have to be wary of strangers, and leagues indicted for 16 felonies. We countability in a very important area our parents told us about strangers on have seen some of our colleagues, Re- to a huge degree, and that is the area Main Street and how to deal with publicans and Democrats, convicted, of earmarks, the area of special them. It’s much more difficult when and yet they are paid their pension by projects, pork projects, special projects those strangers are able to come lit- the very taxpayers they have betrayed. for Members. erally into your own home and entice Mr. PRICE of Georgia. That’s the What we have just learned in the past young people who may not have their kind of perpetuation of business as week or so is that the Appropriations guard up as much. usual here in Washington, that the chair has said well, we won’t be debat- We have story after story, time after folks at home just say what on earth ing any of these earmarks, these spe- time you will hear law enforcement of- are you doing when an individual can cial projects on the floor of the House. ficers talk about the challenges that be convicted of a felony, and continue We won’t be debating them. What we to get their pension, they just shake they have in even getting young people will do is parachute them in, air drop their head. They throw their hands up to admit that, in fact, they have been them in a conference committee so in the air, and they say, what are you susceptible or been approached by this that there can be no light, no sunshine doing? Why can’t you do something re- kind of behavior. But it is rampant out on these earmarks. sponsible, which is why this positive there. It’s absolutely rampant. There is That’s the kind of priority that con- agenda, suburban agenda, which is all not any reason that we ought not to be cerns me about this majority party, things again that the vast majority of able to pass some commonsense legis- that they have a priority for decreas- Members of this House ought to be sup- lation like the Deleting Online Preda- ing transparency and decreasing ac- porting, which is why we ought to be tors Act like you have introduced in countability for spending, but they pushing that forward. this House of Representatives, which is I, for the life of me, I can’t answer also, by the same token, will not ad- something that ought to be supported why we ought not to be able to deal dress the concerns of the vast majority by 70, 80, 90 percent of our colleagues with these things before we launch into of Americans all across our Nation. here, something that ought to go, the battles over the appropriations In the area of security, in the area of frankly, in front of the appropriations bills. education, in the area of health care, in battles we are about to wage over the Do you have any sense as to why the the area of senior security, in the area next 3 to 6 weeks as we work as dili- majority party won’t allow these kinds of green space in our communities, a gently as we can to responsibly spend of bills to come to the floor? wonderful, positive agenda that we hard-earned taxpayer money. But this Mr. KIRK. I just worry. Right now, have put before this Congress and, in is something that we ought to be able the Congress took very limited action fact, it’s getting no visibility here on to coalesce behind. to kill the pensions for Members of floor of the House. Mr. KIRK. I don’t know of a single Congress back on January 23, but then Mr. KIRK. I am just worried, too, be- community in my district that hasn’t see stalled action. We have taken no cause we have now talked about how been touched by this tragedy yet. action on ethics reform, killing pen- George Washington University is talk- What we are talking about is laying sions for Members of Congress con- ing about $50,000 for 1-year of tuition, out a new set of rules of the road in the victed of felonies in February, no ac- the first university in the country to 21st century to protect children, like tion in March, no action in April, no break that mark. So you look at a 4- advising parents through the Federal action in May, no action now for the year bachelor’s degree at $200,000, post Communications Commission, Federal first few weeks of June. tax, far beyond the ability of a middle- Trade Commission, that growing up in You worry because senior Members of class family to reach that level. America today means having the com- Congress have the largest pensions, and So what should the Congress do? puter in the living room rather than they are in charge of this place. Why is Should we have the government take the child’s bedroom, with a casual look it that we are delaying action on this over all college education? Should the and walk-bys by the parent so you can critical reform? government control prices? Should we see who is trying to contact your kids. I always thought that the most im- have more controls from the House of Like one Pennsylvania mother said, portant thing about such a reform is to Representatives so that those who run in the 21st century I have a complete prevent crime. You know, if you kill every other government bureaucracies right to all of my children’s passwords the pension for a Member of Congress now run every education institution in to make sure that I know who is trying convicted of a felony, you almost turn the country? I would say no. I would to contact my young, minor child, and their family members, their spouses, say that we have had too many short- then to make sure that there are pro- into adjuncts of the Ethics Committee, ages and too much waste if a bureauc- tections at school and in libraries. In because they are worried about their racy can take control of a college. my district, we have found some preda- future retirement income. That’s as it On the other hand, could we all join tors who are using library computers, should be, keeping everyone on the together to increase savings and in- school staff that were using library straight and narrow. vestment for each American family to

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.001 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15322 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 June 11, 2007 build success upon success, the 401(k) One of the great things about the kids accounts with your son or daugh- program, by authorizing each Amer- 401(k) program is that it allows, not ter’s name on that account, that as ican family the day that your son or only, for Americans to transfer their your child gets to be 10, 11, 12, 13, 14, 15 daughter is born to establish a 401 kids accounts between employers, but no years old, it gives an education oppor- tax-deferred savings account. difficulty to transfer between States. tunity to say to your daughter, look at When we look at how this Congress Should not we give that opportunity to what we’ve done in just the last year can sometimes change culture, we have each young son or daughter in America and how much this has gone up, hoping seen that 401(k), an obscure section of so that we can save and invest for col- that this will set an example for the the IRS code, has now become part of lege? rest of her life, making sure that she the lexicon off our country because of We know, already, with $70 billion in- has successful habits to save and invest how successful it is. vested in HOPE scholarships or in for the future. Mr. PRICE of Georgia. Exactly. Bright Start accounts throughout the Mr. PRICE of Georgia. What a won- Mr. KIRK. We had a time, probably, country, that this has been a great suc- derful vision and what a wonderful when there was a good cigar salesman cess. How much more of a success will dream. We’ve all heard the stories of out there that made it de rigeur that we have if we simply gave the full na- the entrepreneur individual with a sig- every young father would buy cigars tional charter to 401Kids accounts. I nificant amount of resources who went for everyone when they had a new come out of a military background, if into a community and said to a high child. That is probably part of the 20th you are transferred, or you are part of school or a middle school class that century and not part of the 21st cen- a large organization, you may live in normally wouldn’t necessarily have the tury. several States and have the ability to resources to go to college, any of you So what is it that we can do that be- fully transfer these amounts in a na- that complete your high school edu- comes part of the cultural experience tional program, bottom line, to make cation in a way that would allow you of every American when their son or to enter a college, I’ll fund that college daughter is born? One of the things we sure that there is much more money education. This would transfer that, can do is pass this bill so that every available for your son or daughter to and those kids then do extremely well, dad on their way home, or mom, if she be in college. so much better than their peers in is so inclined, can stop by some sort of Mr. PRICE of Georgia. Absolutely. financial institution or a savings and What a great template to use. What a other classes who haven’t been given loan or a credit union, and establish a wonderful model with the 401(k) pro- that assurance. This is the kind of program that 401Kids account for their son or daugh- gram, which is familiar to millions, would give that assurance to every ter. tens of millions, if not over 100 million Mr. PRICE of Georgia. Wouldn’t that Americans, who have some type of young child all across this Nation, to be wonderful. What a grand legacy. The 401(k) program. They understand how allow their parents to be able to put bill you are referring to is H.R. 87, pri- simple it is, how easy it is, how almost aside a little bit of money, a little re- mary sponsorship by JUDY BIGGERT. painless it is to be able to plan for the sources over the lifetime of their child It’s something that’s near and dear to future to put that money aside, and to so that they can then afford the college our hearts in Georgia. As you may re- have a vehicle that models itself off of education and open the dreams for each call, Senator Paul Coverdale, the late that, after that, as the 401Kids program and every child. Paul Coverdale, served in the United would do, to allow moms and dads all Mr. KIRK. Just to sum up the key States Senate. One of his goals was to across this Nation to be able to put a principles that I think we should fol- make certain that there was an ability little money aside on a regular basis. low, this Congress, this House should by all families to be able to afford a When Junior grows up, they will recog- work on the major issues before the college education for their children. He nize at the age of 15 or 16 that he or she American people and especially their fought as hard as he could during his indeed will be able to have the ability families, Number 1. tenure in the United States Senate to to go to the college of his or her choice Number 2, we should take effective make certain that happened. and realize their his or her potential action that enacts solutions to prob- This is an extension of that. This is a and their dreams. lems that American families face. wonderful, would provide a wonderful Mr. KIRK. We have now seen also And Number 3, that we should work opportunity for families to put aside a with the 401(k) program a change in to build consensus to sustain bipar- little money in a tax-free mechanism how Americans look at the economy tisan action. We should not operate to be able to cover college education for the future. There was a time in this House in a way that, as one person for their children. which most Americans owned no stock said, packs 2 days of debate into a 4- Mr. KIRK. In the State of Illinois, and saw the New York Stock Exchange day work week; that this House can do under section 529, which is a charter or the other exchanges as something much more than name Post Offices or that allows States to set up college far away, not part of their lives, and designate roads; that we are here not savings program, we call them Bright maybe for rich people only. just criticizing, we’re laying out an Start accounts. What does Georgia call The 401(k) program changed all of agenda that, based on the last Con- its college saving program? that. gress, we know an overwhelming num- Mr. PRICE of Georgia. We have the ber of Democrats and Republicans will HOPE Scholarship savings plan in b 2145 join, like the Deleting On-Line Preda- Georgia, which is remarkably success- And so now we have tens of millions tors Act that passed 410–15; like the ful. But there is no reason we ought of Americans who are investors, and Student and Teacher Safety Act en- not extend it because what we provide changing that one cultural attribute dorsed by the National Education Asso- in Georgia is you can’t use that money that we maybe shouldn’t have, which is ciation that passed unanimously; like out of state. looking too much for the short term, the Open Space and Farm Land Preser- Mr. KIRK. Right. So the problem we and helping the whole country change vation Act that also passed unani- have now is that we have not fully into a new investor mentality, to in- mously. taken advantage of the successes that vest for the long haul, to look at high If we can join together on these we have already put in place, that Con- technology and other investments to items, key pieces of legislation, al- gress lets each State establish a col- see that savings can be built up in a far ready bipartisan cosponsors laid out, I lege charter savings plan like HOPE more substantial way, beyond just a think we would help this Congress Scholarship in Georgia or Bright Start savings account at a bank if they can reach more of the potential than cur- in Illinois. But these, each State pro- be put into long term stocks and bonds. rently in 5 months of work it’s failed to gram, has restrictions and the inability These are habits that have been built do. to transfer freely throughout the coun- for adults, but have not been incul- But to conclude, I yield to the gen- try. cated in children; that if we start 401 tleman from Georgia.

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.001 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 15323 Mr. PRICE of Georgia. I know that about half of the responsibility for cept of employer-based insurance was our time is short, but I just want to health care in this country. And we’ve begun. commend you once again for your you got that which is comprised of the pri- The war ended. The United States leadership in this area. These are vate sector, as well as that care which was blessed with the postwar economic issues that concern all Americans, is just simply delivered without expec- boom that started, and what began as a issues of education, issues of safety, tation of compensation, what used to necessity born out of a wartime econ- issues of security, issues of health care, be known as charitable care. omy continued. It was extremely pop- and they are issues that the vast ma- Under the option to expand the gov- ular. Health care insurance provided by jority of us ought to support. ernment’s role, the government’s side, the employer turned out to be one of So I challenge our friends on both the government’s sector involvement the most popular employee benefits sides of the aisle to step forward and in the delivery of health care, typically that has ever been seen in this country. support a positive agenda for the that’s known as universal health care. And up until the early 1980s it just American people. It’s outlined right In the 1990s we called that ‘‘Hillary worked wonderfully. here. Care.’’ Contrast that, of course, with Eu- I want to commend you for your But could we also approach it from a rope. Even the parts the Europe that leadership, and I appreciate the oppor- standpoint of encouraging the private were victorious in the Second World tunity to join you tonight. sector to stay involved and to improve War, the battles were fought in their Mr. KIRK. I thank you. And I com- their products and make them more back yard. Their economies were dev- mend everyone, that if you’d like to flexible and user friendly in order to astated. They needed to quickly stand learn more about the suburban agenda, provide more for our health care dollar up a health care system that would you can go on to our website, in this country. take care of a population that had been www.house.gov/Kirk for an outline of My opinion, having worked in the deprived by 5 years of war or longer. the suburban agenda. This is not just system for well over 25 years, is the And these countries decided to promote an us-only agenda. This is an agenda United States does have the best the single payer system that you see that we hope will be matched from the health care system in the world, and it that’s so prevalent in Western Europe other side. But refocusing our work on is my obligation, my charge to help it and in England today. health care, on education, on environ- remain the best health care system in But that was born of necessity also, because, again, the country’s econo- mental protection and on economic the world. mies were devastated or, in fact, they growth, so that this Congress can real- Now, I know there’s plenty of people had not been victorious in the war, ize it’s full potential far better than in in this body who would contest that they had lost the war, but they needed the first 5 months of our activity. statement. And there’s plenty of issues to quickly stand up a system that f around to call it into question. My predecessor in this office, former would take care of their citizens. We go from 1945 to 1965. Presidency of HEALTH CARE IN AMERICA Majority Leader Dick Armey used to another Texan, Lyndon Baines John- The SPEAKER pro tempore (Ms. be fond of saying, you know, the num- son. During that time, President John- BERKLEY). Under the Speaker’s an- bers don’t lie; but if you torture them son enacted the Medicare statute, a lit- nounced policy of January 18, 2007, the long enough, they’ll admit to almost tle over 40 years ago. The Medicare and gentleman from Texas (Mr. BURGESS) is anything. the Medicaid programs were signed recognized for 60 minutes. But let’s talk about some of the dif- into law during his administration. Mr. BURGESS. Madam Speaker, I ferent principles that are guiding the These were large government-run pro- want to also thank and commend my debate about public versus private and grams that were created to focus pri- friends for their discussion of the sub- the delivery of health care services. marily on hospital and physician care urban agenda. I am coming to the floor And maybe we ought to spend a little for elderly and basic health care serv- tonight to talk about health care, and time talking about the background. ices for the people who were this pov- of course they’ve already covered a lot How did we get into this? How’d we get erty. of those issues in their discussion that to where we are today? Decades later, almost 40 years later, preceded in the past hour. You almost have to go back over 60 it was evident that the government-run I want to talk about some concerns years to go back to the time coming Medicare program, extremely slow to we have in the delivery of health care out of World War II when the United change, very difficult to change a large services throughout the country. The States, of course, was the victor; came government program; and anything future of medical care in this country out of the war with a flourishing econ- that that caused any change within the is going to be front and center over the omy. program was going to be incredibly ex- next 18 months time. The elections of But during the war, President Roo- pensive. 2008 will be about a lot of things, but sevelt, in an effort to keep down trou- Already difficult to operate. they will also be a lot about health ble from inflation, put into effect rath- But in 2003, in fact, my first year to care. er stringent wage and price controls serve in this Congress, my first State Three bills that I want to focus on across the country. The employers of the Union message that I heard the this evening as well, H.R. 2583, H.R. wanted to keep employees, so a lot of President deliver in this House, he 2584 and H.R. 2585. The first, H.R. 2583 employees, of course, had been drafted talked about how the need for, or the deals with residency programs. The and were serving overseas, so those em- time for a Medicare prescription drug second, H.R. 2584 deals with loan for- ployees that were left the employers benefit had arrived; and this was too giveness and tax abatements for med- wanted to keep them working. But important an issue to be left to an- ical students and newly minted doc- they were constrained. They couldn’t other President or another Congress. It tors. And the third, H.R. 2585, deals offer raises. They couldn’t offer the was work that we were going to take with physicians in the Medicare pro- money that would be required; they on that year, 2003, and get that benefit gram who are adversely affected by re- were worried that someone across town delivered to the American people. And imbursement reductions every year might outbid them. indeed we did. under a formula known as the sustain- Well, they went and came upon the We worked on that bill in various able growth rate formula. idea of providing a health care benefit, committees throughout the year 2003. Well, as we go through these next 18 and, in fact, the Supreme Court ruled Right at the end of the year we passed months and deciding which avenue that that was okay; that that did not the bill. There was initially a prescrip- through which our health care system violate the spirit or the intent of the tion drug discount card that was avail- is going to go, we have two choices on law that Franklin Roosevelt had able, but over the next 2 years the Cen- the table. We’ve got a public sector, passed governing the wage and price ters for Medicaid and Medicare Serv- the government side, which already has controls. So during the war, the con- ices put together the plan that we now

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Their access to ing the way with some interaction that But the government needed to catch care is limited by the length of time leads to a well-run government system. up to a private system that was al- that one must wait for care. You can hardly talk about health care in this country without coming up ready focused on prevention, timely b 2200 treatment of disease and disease man- against the problem of the uninsured. agement. So finally Congress put the Now, in Canada they actually have a The Census Bureau right now esti- Medicare prescription drug plan, that pretty good safety valve, and that safe- mates that some 46 million people in focused on giving seniors access go ty valve is called the United States of this country are uninsured. needed medications forward, and the America. One of the longest borders in Now, uninsured does not always program has been successful and pro- the world is our northern border with mean lack of access to health care be- vided benefits for seniors. It’s come our northern neighbor of Canada. And, cause we all have heard stories about with, obviously, considerable discus- in fact, if someone has the means to people who use the emergency room for sion, and a big push for success, a lot of pay outside the system and feels that relatively modest problems. It is one of it delivered by the private sector. the wait is deleterious to their health, the more expensive ways to get care. So here we sit at the crossroads they can leave Toronto and go to There is also a disadvantage too in today. Again, the government pays for Henry Ford Hospital in Detroit and that if you wait until a modest health half of the health care administered in have that MRI, have that CAT scan, care problem becomes an emergency, then you are oftentimes not going to the country with a current gross do- have the stint placed in a coronary ar- get the best health care bargain or the mestic product, the GDP of 11 to $12 tery if they don’t feel the wait is in the best bargain for your health care dol- trillion. best long-term interest of their health. lar. You are also possibly going to jeop- The U.S. Department of Health and So you can take your money, cross ardize the health outcome. So no one Human Services, through their Medi- the southern border of the United would argue that just simply relying care and Medicaid services alone, pay States, and receive care almost imme- upon our Nation’s overstretched emer- $600 billion. Add to that the VA sys- diately, waiting for bypass surgery gency rooms are a method of dealing tem, add to that the Federal prison where you go to the hospital that puts with the problem of the uninsured. But system, the Indian Health Service, and you on a waiting list or puts you in a I think it is important to point out you have about half of the health care hospital and put you in a cath lab and that doctors and nurses in hospitals on expenditures in this country. gets the problem fixed. When it comes the front lines every day see people and The other half of health care is bro- down to your health and a serious take care of their medical needs, fully ken down with the primary weight health problem, who wants to gamble? recognizing that there may not be a being carried by private insurance. Also, look at the National Health reasonable expectation of payment for There is some charitable and there is Service in Britain. They really have those services. And we owe those indi- some self-pay accounting for the rest. I developed within their country a two- tiered system. Indeed, the wait times viduals a debt of gratitude for con- think you’d probably include bad debt tinuing to do that, sometimes in the in that other 50 percent. are a significant problem within the National Health Service. You can go face of some rather severe Federal reg- Well, as the numbers increase, the ulations and an extremely hostile med- overall cost of health care for the en- outside the National Health Service, stay in the country of Britain, go out- ical liability climate. tire country, as that number increases One of the other things that we will side the National Health Service and the Federal Government continues to talk about, in fact, we are required to go to one of the private physicians. funnel the American taxpayers’ dollars do in this Congress is the reauthoriza- Physicians work in their offices at the into these efforts, and we have to ask tion of what is known as SCHIP, the time they are required by the govern- ourselves, what is the wisest and best State Children’s Health Insurance Pro- use of taxpayer dollars? ment and then operate a private prac- gram. This is a program that was start- Is the government doing an excellent tice on the side. Some of the most ex- ed some 10 years ago. It had a 10-year job of managing your money? pensive health care in the world is authorization and requires that the It’s not their money. It’s your available right alongside the free sys- Congress reauthorize it this year. money. Do you think the government tem in the National Health Service. The two gentlemen who were here be- is better suited for your health care And the fact that it is able to run, the fore me talking about the slow pace of needs? fact that it is able to go, certainly things in this Congress could have Whose going to handle or who is bet- speaks to the fact that it is serving a added the slow pace of the reauthoriza- ter equipped to handle the growing need that people want filled. tion of the current SCHIP language to health care problems crisis, if you will, The other thing you have to ask that list of things that they were con- in this country? yourself, if you have someone who is cerned about. This is legislation that, The government only or the uni- going to have to wait 6 or 8 months for again, Congress is required to reau- versal health care system, to me, al- a CAT scan or an MRI, if you have thorize prior to September 30 of this most is unsustainable. And it certainly someone who is going to wait half a year when the authorization expires. is likely to hamper innovation, and year or a year’s time for replacement There is no continuing resolution. hamper the delivery of some of the of an artificial hip and that person is There is no IOU or Band-Aid we can put most modern health care services that nearing the age of 80, a year’s wait is a on this program. We simply must reau- the world has ever known. significant period of time of the num- thorize the program if we want it to Now, two examples of that, one very ber of days that that person has left in continue. And it has been a good pro- close to home, that would support the their life. It is a sad reality but, never- gram, and I would argue that virtually notion that a private-based system is theless, true. everyone within this body wants it to better equipped and more flexible and Again, I come back to the notion continue. less expensive than a government sys- that the private sector is more nimble Not to say there are not some areas tem, look to our north. Look at Can- and more financially responsible and it for improvement. A bill that I intro- ada. is the better way to build the future of duced earlier this year, H.R. 1013, the Canada boasts a universal health our health system. It is a complex rela- purpose of this legislation was to en- care system. But what it fails to high- tionship. And how Congress should do sure that the SCHIP funding that Con- light is the tremendous wait for treat- its job to ensure that we have the best gress has made available be used to

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cover children and pregnant adults The point made by Mr. KIRK of Illi- ible, still you get into a catastrophic with this coverage. Right now we have nois, gone are the days where a person situation, or it doesn’t even need to be four States that are covering more gets out of high school or college, a catastrophic situation. In today’s en- adults than they are children with works in one job, one factory, one man- vironment you have a single car acci- their SCHIP funding. That stands the ufacturing plant for the remainder of dent and the medical costs can just be whole program on its head. It is cheap- their work life, then retires and gets a astronomical after spending an after- er to cover children with health insur- gold watch and goes off to a well-de- noon in the emergency room, a couple ance than it is adults. In fact, the ratio served retirement. People change jobs of hours in the CAT scanner, maybe a is it costs about 60 cents to provide in today’s economy. Their health in- day or 2 in the intensive care unit, 3 or what otherwise would cost a dollar’s surance ought to be able to be flexible 4 days in the hospital, and by the time worth of health care insurance for to change with them, to move with you get out, you have got a bill that adults. So we get a lot of mileage for them. One way to ensure that is to will literally shock you. And a health our dollars when we put that coverage allow an individual to own their health savings account would provide that into children. If we take that coverage insurance policy. type of catastrophic coverage. away from children to then cover Back in the days when I was prac- Why is this important? Say a young adults who otherwise would not belong ticing medicine in the middle 1990s, person just getting out of college de- in the system but get in through some this Congress passed a bill called the cides they want to go off on their own type of waiver, we are not doing a good Health Insurance Portability Act of and they want to be the next Bill job with the moneys that we intended 1996, the Kennedy-Kassebaum bill. In Gates. They want to be an entre- to put forward to cover children. And it, it provided for a demonstration preneur. They want to develop their the reality is until we have covered all product for what were then called the own company. They don’t want to work the children who need coverage in this medical savings accounts. Bill Archer, for a large company with its attendant country, we shouldn’t be taking those chairman of the Ways and Means Com- benefits and health care insurance. dollars away from the children to cover mittee at the time, was a champion of They just want to go out on their own. adults in the system. Once we have the old MSA. I had an MSA when I was Ten years ago you went into the pri- covered all the children in the country, a practicing physician. It allows you to vate individual market and said, I want then perhaps it is time to talk about a build a tax-deferred savings account to buy some health insurance because I waiver. If we want to cover other non- that is dedicated to your medical ex- am going to work for myself and start pregnant adults, let’s find another pro- penses. You buy an insurance policy a small business and be my own boss, gram to do that. Let’s not steal money that is yours. You do pay for it with you couldn’t get anybody to talk to from the SCHIP program to provide after-tax dollars, but the advantage is you for any price. There just wasn’t a that coverage. that since it has such a high deduct- policy available. Another thing that we don’t really ible, it typically has a lower premium. Fast forward to the present time, and talk about a lot on the House floor, Now, there are some problems with with the changes we made with health last year in my committee, the Com- the previous MSAs that were first savings accounts in the Medicare Mod- mittee on Energy and Commerce, we passed by this Congress. This Congress ernization Act of 2003, you can go on reauthorized the federally qualified put a lot of regulations on those insur- the Internet. You can type in ‘‘health health center statute. We never got ance policies, and as a consequence, in savings account’’ into the search en- that completely finished in the House. my home State of Texas, we only had gine of your choice. And in my home We should take it up again this year. It two insurers who were willing to take State of Texas for a male age 25, just should be taken up by the Senate, and people on with a medical savings ac- out of college, nonsmoker, you can this is a program that fully deserves count. When we did the Medicare bill pick up a high deductible policy in the reauthorization by this Congress. that I referenced earlier in the talk, range of $65 to $75 a month. Not an as- The federally qualified health center back in 2003, when we did the Medicare tronomical expense. Sure, there is a statute provides in federally qualified Modernization Act, included within high deductible associated with that. health centers coverage for about 15 that language was language that al- So if you want a flu shot next fall, you million uninsureds. That is access to lowed for a significant expansion of are probably just paying for that out of medicines, access to a medical home, what we now call health savings ac- pocket. But if you get pneumonia and access to mental health services, ac- counts. The central concept is still you end up in the hospital in the ICU cess to treatment for substance abuse, there. It is a high deductible insurance for several days, you are going to have a significant set of services that are policy owned by the individual, not the coverage for that so-called cata- available to people who otherwise employer, or the individual can own strophic event because, even though it would not have access to medical care. the policy. Some employers have now is a high deductible, your medical ex- Federally qualified health centers do a begun to offer health savings accounts. penses will quickly exceed that. So good job. Both SCHIP and the federally A high deductible policy with a lower that is a good thing to have so that you qualified health center system deserve premium, and you put money into a do have coverage. to be taken up and reauthorized by this tax-deferred savings account. Remem- For a young family where a husband Congress. If there are improvements ber Albert Einstein said there is no and wife want to have the coverage, that we can make, then by all means power in the universe as strong as the want to do the responsible thing if they let’s have the debate and make those miracle of compound interest. Put that have small children, a health savings improvements necessary, but let’s not as a pretax expense, and that can be account may provide the way to do let those two programs languish and by something that grows significantly that and have that coverage beginning default be sunsetted and not continue. over time. Imagine that. A health- at an early age. And over time the Now, the two gentlemen that were based IRA or a health savings account, money will grow in the actual savings here talking earlier were talking about an account that is dedicated only to account portion of that. It grows tax some of the problems that people get your health care needs. Start that deferred. It can accumulate quickly. into when they lose their health insur- when you are young. It grows over And as a consequence, the specter of ance and wanting to extend COBRA time, and that can be an incredibly having a very high deductible is some- benefits, a noble exercise. One of the powerful tool to combat problems that thing that is now not such a big deal things that I have really thought is a might occur with health later in life. because there is easily money within forward-looking way to go with health But even if someone has a high de- that health savings account to pay for insurance, and it kind of gets at what ductible policy in their younger years those health care needs. Even the rou- they were talking about, that is the in- and maybe they don’t have quite as tine care if someone chooses to do that, dividual ownership of an insurance pol- much stored up in that health savings the dollars are there to be spent for icy. account that would cover the deduct- that purpose.

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.001 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15326 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 June 11, 2007 b 2215 realtor in your hometown who has 3 or Again, I believe we need to continue to The popularity has grown a lot. When 4 people working in the office, very dif- push that as an issue because in so I first got mine back in 1997, my old ficult, very expensive for them to get many ways we just need some common- Archer medical savings account, I wor- insurance, if they can find it. Well, sense medical liability reform to pro- ried because they said we’re going to imagine if you let all the realtors in tect patients, stop the escalating costs put a cap on this; we’re not going to Texas band together and form a single associated with lawsuits that are not allow more than 750,000 of these to be group that was negotiating for the sale well-grounded, and to make health care sold in the United States of America. I of insurance. Now imagine that you more affordable, ensure that health thought golly, I better get out there couple that with the realtors in Okla- care is in fact even available to Ameri- and get one fast or they are going to homa, Louisiana and New Mexico. cans all across from coast to coast in all be snapped up. It turned out I didn’t Then you’ve got a group of people that Alaska and Hawaii, and make sure that need to worry because those original really is beginning to have some sig- those physicians stay in the game and insurance policies, probably less than nificant financial clout and may be continue to provide the needed serv- 100,000 were sold. able to get a much better price in the ices. But the health savings accounts, group health insurance market. Well, I believe we do need a national solu- when the conditions changed in 2003, all of this, from the insurance side, is tion. State to State coverage is always have been significantly popular. The extremely important. You’ve got to going to be tenuous. My home State of last year for which I have accurate and worry though, are we putting the cart Texas did a great thing as far as med- verifiable data is 2005. But by Decem- before the horse? ber of that year, the end of calendar About a year and a half ago, Alan ical liability reform is concerned back year 2005, 3.2 million individuals had Greenspan, just as he retired as Chair- in September of 2003, but you worry coverage through a health savings ac- man of the Federal Reserve Board here every time the State legislature comes count; 42 percent of those individuals in Washington, D.C., met with several into session every 2 years, is something had families with incomes below $50,000 groups. He met with a group of us one going to happen that undoes those purchasing an HSA type of insurance. morning, and he was asked the inevi- great steps forward that were taken Certainly that is indicative that this is table question, well, Chairman, what back in 2003. an affordable option. In addition, the about the ability of the Federal Gov- I do think that modelling after the number of previously uninsured HSA ernment to pay for Medicare in the fu- concept that was developed, actually plan purchasers over the age of 60 near- ture. He alluded to how that was going originally in the State of California ly doubled, proving that the plans are to be a problem that was going to have back in 1975, the Medical Injury Com- accessible to people of all ages. And to be faced. But at the end of it all, he pensation Reform Act of 1975, signed again, out of that number, over 3 mil- felt that Congress would be able to into law by Governor Jerry Brown, a lion, probably about 40 percent of those come up with an equitable solution to great step forward that put a cap on individuals were previously uninsured. that. And he paused and he said, what noneconomic damages in medical li- So it did have the effect of, at least concerns me more is will there be any- ability suits. temporarily, bending the growth curve one there to provide the services that Fast forward to 2003, and the Texas of the uninsured in this country. you want when you get there. That is a plan came forward. Indeed, the basis of Of those 46 million people that we pretty profound statement, certainly the program or the basis of the reform talked about before that are uninsured, something that has stuck with me does lie in a cap on noneconomic dam- over half, 60 percent, are employed in since that time. ages, but I like to say it’s got a 21st small businesses. Some of these indi- No question about it in my mind, our century angle to it. There is a $250,000 viduals prefer a more traditional country faces a crisis in health care cap on noneconomic damages for the health plan. They would like to have manpower, a physician shortage, if you doctor, a $250,000 on noneconomic dam- what we talked about earlier, an em- will, in the future. We need to ensure ages for the hospital, and a third cap of ployer-derived health insurance. But that the doctors who are in practice $250,000 for noneconomic damages from their employers, their small business today, those physicians I like to call a second hospital or nursing home, if employers look at those premiums ‘‘mature physicians’’ at the peak of one is involved. In fact, the original going up every year and they say, you their clinical abilities, at the peak of cap legislation that worked so well in know what, I just cannot do it any- their diagnostic abilities, at the peak California, in Texas it has been tri- more, and so they drop the benefit be- of their surgical expertise and abilities, furcated. It is in the aggregate of a cause it is simply too expensive. we’ve got to be sure that they stay in $750,000 cap. Now, Congress has had before it, over the game, that they continue to prac- the last 4 years I think we’ve had at tice, that they don’t retire early, that Well, how does that work? Did that least three votes on this concept; it has they don’t wander off and do something fix the problem that the State of Texas always passed the House of Representa- else. We need to keep them involved. faced the year I ran for Congress 2003? tives; it always stalled in the Senate. I At the same time, we need to ensure Well, in Texas, we’ve gone from 17 med- don’t know if we will take it up this that the younger physicians, the doc- ical liability insurers down to two. My year, but I think we should because I tors of tomorrow, those that are in personal situation, running my own think it is fundamentally a good idea. residency programs today, those that practice, really having not had a prob- And maybe at some point we will get might be thinking about going to med- lem that would take me into the some cooperation from the other body. ical school or into nursing, that those courts, but my rates were increasing But to unburden small business own- individuals stay involved and in fact by 25, 30, 40 percent a year. Well, in ers, Congress has devised the concept pursue their career dream of working 2003, the Texas legislature passed med- of what are called Association Health in health care. ical liability reform based off that Plans, essentially allowing a group of The first issue that always comes to California law, again, updated for the small businesses with a small business my mind when I think of what are 21st century, for an aggregate cap of model to band together to get the pur- some of the things that drive doctors $750,000. What has happened since then? chasing clout of a big corporation. It is out of practice or keep people from Well, remember I just said, we dropped really not too hard a concept for most going into the practice of medicine, from 17 liability insurers down to two people to understand. It is, again, and that is, of course, the conundrum because of the medical liability crisis. something that has passed this House of medical liability. Again, we faced it We are back up to 14 or 15 carriers. And at least three times that I am aware of. in this House of Representatives prob- most importantly, those carriers have It is a sensible solution. It allows the ably four times in the time that I have returned to the State of Texas without spread of the insurance risk amongst a been in Congress. It is an issue that has an increase in their rates. They have larger group. A small employer, say a never gotten through the other body. held their rates down.

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.001 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 15327 My old insurer of record, Texas Med- has likely increased today. We can troduced just last week was designed to ical Liability Trust, between rate re- scarcely afford to continue this trajec- get more training programs in areas ductions, rebates and dividend pay- tory that we are on with regards to that are underserved, like rural areas, ments to physicians over the 31⁄2 years medical liability in this country. inner-city areas, to get young doctors- since this law was passed, the actual And again, remember when I started in-training in locations where they are net effect is a 22 percent reduction in this part of the discussion talking actually needed. premiums for physicians across the about are we going to have anyone The Physician Workforce and Grad- board in the State of Texas. Again, re- there to provide the services when we uate Medical Education Enhancement member premiums were going up by 20, want them. And another consideration Act of 2007 would develop a program 25, 30 percent or more a year, now they is that young people today entering that would permit hospitals that do are coming down, and over the last few college, in college, just getting out of not traditionally operate a residency years they have come down 22 percent. college, who wanted to consider a ca- training program that will allow them One of the most significant, unin- reer in health care, are looking at the the opportunity to start a residency tended benefits of this was what hap- crisis that we face in medical liability training program and in fact build that pened with the small not-for-profit, in this country, and it’s keeping them physician workforce of the future on community-based hospitals, those hos- out of the game, and that’s not right. site in those communities where they pitals that were essentially self-insured One of the obstetrics residency direc- are in fact needed. for medical liability. They have been tors from a big New York program was On average, it costs $100,000 a year to able to take money that was in those down here actually a couple of years train a resident, and that cost for a escrow accounts against the uncer- ago now, and I asked her, is the med- smaller hospital is clearly prohibitive. tainty of the medical liability climate ical liability crisis, is it having an ef- Because of the cost consideration, the that they faced in 2001, 2002 and early fect on your residency classes that bill would create a loan fund available 2003, now that money has been able to you’re recruiting? And she told me to hospitals to make residency training go to hiring nurses, capital improve- that right now we are taking people programs where none has operated in ments, just the very things you would into our residency program that we the past. The programs would require want your smaller not-for-profit, com- wouldn’t have interviewed 5 years ago. full accreditation and be focused obvi- munity-based hospital to be able to do. In other words, we are lowering the ously in rural and suburban inner- This is certainly one of the good news class and the capabilities of those peo- urban or other smaller community- stories. And again, the smaller hos- ple who are willing to go into obstet- type hospitals. I can think of several pitals were not the intended bene- rics as a specialty. Well, these are our communities in the congressional dis- ficiary of this legislation when it children’s doctors, these are our chil- trict that I represent that might ben- passed in the State of Texas. dren’s children’s doctors that are being efit from such a program. I took the language of the Texas- trained in the residency programs Clearly, it is one thing to say we are passed medical liability reform, today. I fail to see how it advances the just going to educate more doctors, but worked it into the type of language case for patient safety and the well- to get them to practice in the areas that we have to have here in the House being of Americans to continue to where they are needed, and, boy, an of Representatives, ran it through leg- allow this condition to exist without area that comes to mind is the area islative counsel and offered it to Mr. addressing it. around New Orleans, Louisiana. They RYAN, Paul Ryan, the ranking member Again, we voted on the bill several have lost doctors. The wholesale loss of of the Budget Committee on the Re- times in this House over the past sev- doctors since the twin hurricanes of publican side, when we were doing our eral years. My understanding is the bill August of 2005, it is going to be very budgetary work in March. He had that was just recently reintroduced last difficult to encourage people to come bill scored by the Congressional Budget week. I hope we will have a chance to back to that area. But the reality is if Office. And the Texas plan, as applied address it in this House. And I hope we someone trains in that area, the likeli- through the House of Representatives can get some activity from the other hood of them staying in that area is in- language, applied to the entire 50 body. I am not optimistic, but I believe creased. States, would yield a savings of $3.8 bil- this is so important that we have got It is all well and good to create new lion over 5 years. Now, not a mammoth to continue to try to get this done. residency programs, but if you don’t amount of money, but when you are This brings me to one of the things I have anyone interested in filling that talking about a $2.999 trillion budget, initially spoke about, one of three residency slot, it is not going to be savings is savings. And these are mon- health care bills, H.R. 2583, the so- really something that does all that ies that we are in a sense just going to called Physician Workforce and Grad- much good. So the second bill, H.R. leave on the table in this budgetary uate Medical Education Enhancement 2584, the High Need Physician Spe- cycle that could have gone to some of Act of 2007. There is a Washington-type cialty Workforce Incentive Act of 2007, the other spending priorities, some of title that everyone can love. Well, part would help locate young doctors where which I have already alluded to in the of ensuring the future health care they are needed to solve part of the im- SCHIP and the Federally Qualified workforce in this country is going to pending physician shortage crisis that Health Center statutes. But anything, be to make certain that there are the likely could affect the entire country. even those things not dealing with types of residency programs in the We have got to consider training doc- health, $3.8 billion, as the old saying types of communities in which we want tors for high need specialties. This act goes, you keep leaving that amount of doctors to consider going into practice. will establish a mix of scholarships, money on the table and pretty soon You know, the funny thing about phy- loan repayment funds and tax incen- you’re going to be talking about some sicians is they do have a lot of inertia. tives to entice more students to med- real dollars. They tend to stay where they’re ical school and create incentives for And also consider this: A study done dropped; that is, they tend to work and those students and newly-minted doc- in 1996, that’s over 10 years ago, out of have their practice in communities tors to help them go into healthcare. Stanford University, revealed that in where they trained or close to where The program will have a established re- the Medicare system alone, the cost of they trained. payment program for students who defensive medicine was approximately agree to go into family practice, inter- $28 to $30 billion a year. The cost of b 2230 nal medicine, emergency medicine, Medicare, not the entire cost of the A lot of us have followed that trajec- general surgery or OB/GYN, and prac- health care infrastructure of the tory, and I suspect there is nothing tice in underserved areas. It will be a 5- United States of America, the cost to unique about that. It will continue to year authorization at $5 million a year Medicare was $28 to $30 billion a year 10 be the way physicians behave for prob- and it will provide additional edu- years ago. I submit that that number ably well into the future. So the bill in- cational scholarships in exchange for a

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.001 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15328 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 June 11, 2007 commitment to serve in a public or pri- a pittance for the service, when I could tinue in business if they received only vate nonprofit health facility deter- spend my time doing other things that two-thirds of the cost of what it costs mined to have a critical shortage of would actually pay for the cost of run- them to provide the services? Cur- primary care physicians. ning my practice. rently the sustainable growth rate for- Again, the Gulf Coast area comes to I certainly understand that. I cer- mula links physician payment updates mind, but there are plenty of areas in tainly sympathize with that. It is a dif- to the Gross Domestic Product, which my home State of Texas, West Texas ficult situation for doctors to find actually has no relationship whatso- and in fact East Texas, that would fit themselves in, because they want to do ever to the cost of providing those the bill for something like that. It is right. These are difficult operations services. very similar to what used to be called that they trained for years to be able But simply the repeal of the SGR, the Berry Plan. The armed services to provide for people. Now, the fact one of the big stumbling blocks for used to offer a scholarship and some that they are so poorly compensated by that is it is very, very costly when fig- loan forgiveness to encourage physi- Medicare, they are simply having to ured in the overall Federal budget. But cians to go into one of the branches of turn their back on these challenging, the reality is we have to do it. Maybe service. This is modeled after those technically difficult procedures, and if we do it over time, perhaps we can plans that were so popular in the early say I will just see the well patient in bring that down to a level that is in 1970s. Again, it is an important step in the office and stay out of the operating fact manageable. getting doctors into the communities room. I saw it happen in the hospital Paying physicians fairly will extend where they are actually needed. environment before I left the practice their careers for many of those doctors The third bill of the three that I in- of medicine to come to Congress. now in practice and those who would troduced last week, H.R. 2585, really But I hear it in virtually every town otherwise opt out of the Medicare pro- deals with the heart of the problem, hall that I do back in my district. gram or seek early retirement or re- which is stabilization of the current Someone will raise their happened or strict those procedures that they offer physician workforce. come up to me afterwards and say, how to their Medicare patients. It also has When we talk about the current phy- come on Medicare, you turn 65 and you the effect of ensuring an adequate net- sician workforce, discussing things like have to change doctors? The answer is work of doctors available to older medical liability, placement of doctors because their doctor found it no longer Americans as this country makes the in locations of greatest need and finan- economically viable to continue to see transition to the physician workforce cial concerns, encouraging doctors to Medicare patients because they weren’t of the future. In the physician payment stabiliza- remain in those high-need specialties, able to cover the cost of delivering the tion bill, the SGR formula would be re- the next step is to fix on that largest care rendered. They weren’t able to pealed 2 years from now, in 2010. There group of doctors in the country and cover the cost of providing the care. would be some incentive payments certainly the largest and still growing Medicare payments to physicians are based on quality reporting and tech- group of patients, those baby-boomers modified annually. They use something nology improvements installed to pro- that you heard MARK KIRK talk about called the sustainable growth rate for- tect the practicing of physicians in the last hour. mula. A lot of the people around here against the 5 percent cut that will like- Baby-boomers are going to continue call it the SGR rate. Because of flaws ly occur each in the years 2008 and 2009. to age. They are going to retire, and in the process, the sustainable growth Those things would be voluntary. No the demand for services has no where rate formula, mandated physician fee one would have to do them. No one to go but up. If the physician work- cuts in recent years have only been would be required to participate in the force trends continues as they are moderately averted by last-minute quality program or the technology im- today, we may no longer be talking machinations and fixes that the Con- provement, but it would be available to about trying to fund the Medicare pro- gress has provided. In fact, if no long- those doctors and those practices who gram. We may be talking about trying term congressional action is imple- wanted to offset the proposed cuts that to find the Medicare physician. We mented, the SGR will continue to man- would occur in physician reimburse- may be talking about the fact that date cuts for physician reimbursement ment over the 2 years until a formal re- there is no one there to take care of as far as the eye can see, cuts in aggre- peal of the SGR would be allowed to America’s seniors. gate between 35 and 40 percent over the happen. Year after year, there is a reduction next 10 years. Now, for most doctors, that is unac- in reimbursement payments from the Now, unlike hospitals, who are reim- ceptable. They say, well, I want the Center for Medicare and Medicaid Serv- bursed under essentially a cost of liv- SGR repealed now, not 2 years from ices to doctors for services that they ing adjustment every year known as now, and I want it repealed this year provide their Medicare patients. This is the Medicare Economic Index, physi- and I want a positive update or I am not a question of doctors just simply cians are reimbursed under the SGR, going to stop seeing Medicare patients. wanting to make more money. It is which says there is a fixed amount of The reality is that possibly if we do about a stabilized repayment for serv- money to pay for all of the doctor-de- this over time, we will be able to get it ices that are already rendered. It is rived healthcare in this country, and done. The other reality is I wish we had about a question of fundamental fair- there is more demands on that volume, started this when I first got to Con- ness. And it is not just affecting doc- then the slices of that pie are just gress 4 years ago, and we might be well tors. It is affecting patients, and it be- going to get successively thinner year on our way or well past the where we comes a real crisis of access. after year. would have in fact solved this problem. Not a week goes by that I don’t get a Medicare payments to physicians So, it is time to begin that journey of letter or fax from a physician back in cover only about 65 percent of the cost 1,000 miles with the very first steps, Texas who says, you know what? I have of providing the patient services. That and we do have to focus on the fact just had enough of this, and I am going doesn’t figure in anything for the doc- that this is a long-term solution. to retire early. I am no longer going to tor’s take-home pay. That is the cost A lot of people say why do it that see Medicare patients in my practice or of providing the services. That is the way? Why not just bite the bullet and I am going to restrict the procedures office rent. That is the nurse’s salary. get the SGR out of the way and get it that I offer to Medicare patients. That is keeping the lights on. That is repealed? It costs a tremendous In fact it happened to me while we paying for the medical equipment. amount of money. The other unfortu- were home on the Memorial Day re- That is buying the syringes and the nate aspect of that costing a tremen- cess. A woman came up to me, someone medicines that might be administered dous amount of money is it may make I had trained with, and said, look, I in that office. the premium for the Part B recipient, just can no longer do these long, in- Can you imagine any industry, any it may make that premium go up sig- volved operations and be paid literally business, any company that would con- nificantly.

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.001 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 15329 In Congress, we are all required to vention might keep a patient out of an staying in the service or get the dis- submit legislation to the Congressional expensive hospitalization or away from ability to which he is entitled if he is Budget Office to find out how much it an expensive dialysis unit? These are discharged from the service. costs. If we are going to spend the tax- the times of savings we need to gather. The biggest fear they have is they payers’ money, how much are we going I see that I am going to run up will spend hour after hour putting to spend, over what time will we spend against some time constraints. I just records together and highlighting crit- it? want to mention health information ical areas, have them sit on someone’s Because of constraints at the Con- technology is something that we do desk until they are lost, and then have gressional Budget Office, we are not al- have to pay some attention to. to start over again. Their biggest con- lowed to do what is called dynamic In the SGR reform bill that I intro- cern was the inability of the Depart- scoring. We are not able to look at duced, there is some language about ment of Defense and the Veterans Ad- changing a program or a new program moving us down the road on informa- ministration to interact with each and say if we did things this way, we tion technology, embracing informa- other on the transfer of medical would save money in the future. That tion technology. I haven’t always been records. Clearly, that is a concept is well and good, but we can’t claim a big proponent of that. When I was whose time has come. those future savings to offset the cost practicing medicine, if someone had of doing it a new way. And that is what come to me with proposals like that, I Price transparency. I have talked static scoring tells us, and that is why would say, you know, that is going to about HSAs. If we are going to have dynamic scoring would be so beneficial increase the number of hours I spend health savings accounts work for in a situation like this. But we are not every day, not increase my payments Americans, we are going to have to be able to use that. to any great degree, and I just don’t able to allow them to access informa- If we look at some of the things we see how it is going to be economically tion about price, cost and quality of have done already in the Medicare sys- useful to me as a physician. medical care and procedures. I intro- tem we can say, you know, if we do it That was before I traveled to the duced legislation dealing with price this way, we are actually going to save City of New Orleans for the second transparency earlier. some money. We are not allowed to time in January of 2006 and was taken My home State of Texas has gone a capture those savings. into the records room at Charity Hos- long way in this regard, providing in- The Trustees Report that came out pital shortly after they had gotten all formation up on the Internet about the just a few weeks ago, there were 600,000 of the water out of the records room at costs at various hospitals throughout hospital beds in the year 2005 that Charity Hospital. the State and how they compare to weren’t filled because of things that other hospitals in the State. There is a b 2245 doctors and hospitals are doing better, lot of information. It is technically improvements that have been made in It looked like the records room of complex. It may even be boring to lis- the healthcare system. 600,000 hospital any big city hospital. There were rows ten to, but nonetheless it is part of an beds that weren’t filled. Do we get the and rows, perhaps hundreds of thou- incredibly important story. The story financial credit for those 600,000 hos- sands of records in this large room, of how the most advanced, most inno- pital beds that weren’t filled? No, we tens of thousand of square feet devoted vative health care system in the world can’t claim that. That is just some- to the storage of medical records. They itself is in need of a little attention. thing that is absorbed by the system, were ruined. They had been ruined by The last chapter should read happily and we go on and reset things for the the water and by the black mold grow- ever after. How do we get there? The next year and continue on our merry ing on the manilla folders. There was last chapter may read private industry way with the SGR. not enough protective gear to protect leads to a healthy ending. We are in a But the reality is if we could capture someone to go in and pull the charts debate that will forever change the those savings, if we could aggregate out of the racks and begin to go way health care is delivered in our those savings, it is not just in hospital through them to get the patient’s med- country. The next 18 months will spell beds, there are other areas where sav- ical history. that out for us. We have to understand ings are occurring at the same time, if Clearly, the time has come where we what is working in our system. How do we could capture those savings, aggre- need to have the concept of computer- we make it work better, and how do we gate those savings, and use those sav- ized access to medical records. It is extend that to areas where we don’t ings to offset the cost of the SGR re- something this country needs to em- find excellence in our system, whether peal, we might very well come down to brace. those areas be public or private. We a much more manageable number. The old adage when I was in college, can’t delay making changes to bring The old bank robber, Willie Sutton, you could say, the dog ate my home- our health care system into the 21st was famous for saying he robbed banks work. No student today would do a re- century. because that is where the money is. port, a term paper and keep one single Well, let’s go after the procedures paper copy. They have it on a flash I believe the only way this can work where most of the money is spent in drive, on a hard drive, on a floppy disk. is to allow the private sector to lay the CMS, identify where the savings are in They have printed it out several times. foundation for further improvements. delivering the care for people who are They live in the electronic age. It The pillars of the system we have have in those diagnostic groups, and let’s would make no sense to the medical to be rooted in the bedrock of a thriv- keep that money, capture that money, student of today to have a single paper ing public sector, and a thriving pri- and use it to offset the cost of the SGR. copy of a term paper or lab report that vate sector, not in the shaky ground of I think that is the greatest return on they would have to turn in for a grade. a public and private system always at investment that we could expect from It would never cross their mind. war with each other, and many times those savings that we are likely going Some of the other things, the inter- are inefficient. to see from Medicare in the future. operability of our systems is key. We need to devote our work in Con- The same considerations apply to the Right after the Walter Reed story gress to building a stronger private Medicaid program as well. Again, it broke, I was there visiting. Yes, the sector in health care. History has prov- could be a useful exercise to go through physical conditions were one thing; but en this to be a tried and true measure. and identify the top 10 conditions and one soldier told me the biggest concern We can bring down the number of unin- see where the easy savings are in tak- he has is as he prepares his records, he sured, increase patient access, stabilize ing care of patients with those condi- is on medical hold and as he is looking physician workforce and modernize tions. How can their care be better to go back to join his unit or be dis- technology if we simply have the polit- managed? How can things be prospec- charged, he has to put in order his ical and institutional courage to take tively managed? What types of inter- medical records to make the case for the steps necessary.

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.001 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15330 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 June 11, 2007 OMISSION FROM THE CONGRES- (The following Members (at the re- 2114. A letter from the Director, Defense SIONAL RECORD OF THURSDAY, quest of Ms. WOOLSEY) to revise and ex- Security Cooperation Agency, transmitting MAY 17, 2007 AT PAGE 13234 tend their remarks and include extra- Pursuant to the reporting requirements of neous material:) Section 36(b)(1) of the Arms Export Control Mr. FRANK of Massachusetts. Mr. Act, as amended, Transmittal No. 07-33, con- Chairman, I move that the Committee Mr. SPRATT, for 5 minutes, today. cerning the Department of the Air Force’s do now rise. Ms. WOOLSEY, for 5 minutes, today. proposed Letter(s) of Offer and Acceptance to The motion was agreed to. Ms. KAPTUR, for 5 minutes, today. India for defense articles and services, pursu- Accordingly, the Committee rose; Mr. DEFAZIO, for 5 minutes, today. ant to 22 U.S.C. 2776(a); to the Committee on and the Speaker pro tempore (Ms. Ms. JACKSON-LEE of Texas, for 5 min- Armed Services. 2115. A letter from the Deputy Director, JACKSON-LEE of Texas) having assumed utes, today. (The following Members (at the re- Defense Security Cooperation Agency, trans- the chair, Mr. ALTMIRE, Acting Chair- mitting Pursuant to the reporting require- quest of Mr. JONES of North Carolina) man of the Committee of the Whole ments of Section 36(b)(1) of the Arms Export House on the state of the Union, re- to revise and extend their remarks and Control Act, as amended, Transmittal No. 07- ported that that Committee, having include extraneous material:) 25, concerning the Department of the Navy’s had under consideration the bill (H.R. Mr. POE, for 5 minutes, June 18. proposed Letter(s) of Offer and Acceptance to 1427) to reform the regulation of cer- Mr. BURTON of Indiana, for 5 minutes, Japan for defense articles and services, pur- tain housing-related Government-spon- today and June 12, 13, 14, and 15. suant to 22 U.S.C. 2776(a); to the Committee on Armed Services. sored enterprises, and for other pur- Mr. SOUDER, for 5 minutes, today and June 12, 13, 14, and 15. 2116. A letter from the Deputy Director, poses, had come to no resolution there- Defense Security Cooperation Agency, trans- Mr. DAVIS of Kentucky, for 5 min- on. mitting Pursuant to the reporting require- utes, today. f ments of Section 36(b)(1) of the Arms Export Mr. GARRETT of New Jersey, for 5 Control Act, as amended, Transmittal No. 07- ANNOUNCEMENT BY THE SPEAKER minutes, June 12. 15, concerning the Department of the Navy’s PRO TEMPORE Mr. JONES of North Carolina, for 5 proposed Letter(s) of Offer and Acceptance to minutes, June 18. Finland for defense articles and services, The SPEAKER pro tempore. The pursuant to 22 U.S.C. 2776(a); to the Com- f Chair desires to announce that pursu- mittee on Armed Services. ant to rule XXVII, as a result of the BILLS PRESENTED TO THE 2117. A letter from the Deputy Director, adoption by the House and the Senate PRESIDENT Defense Security Cooperation Agency, trans- of the conference report on Senate Con- mitting Pursuant to the reporting require- current Resolution 21, the joint resolu- Lorraine C. Miller, Clerk of the ments of Section 36(b)(1) of the Arms Export tion (H.J. Res. 43), increasing the stat- House reports that on June 6, 2007, she Control Act, as amended, Transmittal No. 07- utory limit on the public debt, has presented to the President of the 23, concerning the Department of the Army’s proposed Letter(s) of Offer and Acceptance to been engrossed and is deemed to have United States, for his approval, the fol- lowing bills. the Philippines for defense articles and serv- passed the House on May 17, 2007. ices, pursuant to 22 U.S.C. 2776(a); to the H.R. 1675. To suspend the requirements of Committee on Armed Services. f the Department of Housing and Urban Devel- 2118. A letter from the Under Secretary for opment regarding electronic filing of pre- DISPENSING WITH CALENDAR Acquisition, Technology and Logistics, De- vious participation certificates and regard- WEDNESDAY BUSINESS ON partment of Defense, transmitting a review ing filing of such certificates with respect to of the C-130 Avionics Modernization Program WEDNESDAY NEXT certain low-income housing investors. (AMP program), pursuant to 10 U.S.C. 2433; H.R. 1676. To reauthorize the program of Mr. FRANK of Massachusetts. to the Committee on Armed Services. the Secretary of Housing and Urban Develop- Madam Speaker, I ask unanimous con- 2119. A letter from the Under Secretary for ment for loan guarantees for Indian housing. sent that the business in order under Acquisitions, Technology and Logistics, De- the Calendar Wednesday rule be dis- f partment of Defense, transmitting a review pensed with on Wednesday next. ADJOURNMENT of the Joint Primary Aircraft Trainer Sys- The SPEAKER pro tempore. Is there tem (JPATS) program, pursuant to 10 U.S.C. objection to the request of the gen- Mr. BURGESS. Madam Speaker, I 2433; to the Committee on Armed Services. tleman from Massachusetts? move that the House do now adjourn. 2120. A letter from the Under Secretary for Acquisitions, Technology and Logistics, De- There was no objection. The motion was agreed to; accord- ingly (at 10 o’clock and 50 minutes partment of Defense, transmitting a review f p.m.), under its previous order, the of the Joint Air-to-Surface Standoff Missile (JASSM) program, pursuant to 10 U.S.C. 2433; LEAVE OF ABSENCE House adjourned until tomorrow, Tues- to the Committee on Armed Services. By unanimous consent, leave of ab- day, June 12, 2007, at 9 a.m., for morn- 2121. A letter from the Under Secretary for sence was granted to: ing-hour debate. Acquisitions, Technology and Logistics, De- Mr. DAVIS of Illinois (at the request f partment of Defense, transmitting a review of the Expeditionary Fighting Vehicle (EFV) of Mr. HOYER) for today. EXECUTIVE COMMUNICATIONS, program, pursuant to 10 U.S.C. 2433; to the Mr. GUTIERREZ (at the request of Mr. ETC. Committee on Armed Services. HOYER) for today and June 12. Under clause 8 of rule XII, executive 2122. A letter from the Under Secretary for Mr. CULBERSON (at the request of Mr. Acquisition, Technology and Logistics, De- BOEHNER) for today on account of ill- communications were taken from the partment of Defense, transmitting a review ness. Speaker’s table and referred as follows: of the Warfighter Information Network-Tac- Mr. EVERETT (at the request of Mr. 2112. A letter from the Congressional Re- tical (WIN-T) program, pursuant to 10 U.S.C. BOEHNER) for today on account of busi- view Coordinator, Department of Agri- 2433; to the Committee on Armed Services. ness in the district. culture, transmitting the Department’s final 2123. A letter from the Under Secretary for rule — Classical Swine Fever Status of the Personnel and Readiness, Department of De- Mr. SESSIONS (at the request of Mr. Mexican State of Nayarit [Docket No. fense, transmitting a letter on the approved BOEHNER) for today and the balance of APHIS-2006-0104] received June 4, 2007, pursu- retirement Vice Admiral Donald C. Arthur, the week on account of taking his son ant to 5 U.S.C. 801(a)(1)(A); to the Committee United States Navy, and his advancement to to scout camp. on Agriculture. the grade of vice admiral on the retired list; 2113. A letter from the Congressional Re- to the Committee on Armed Services. f view Coordinator, Department of Agri- 2124. A letter from the Under Secretary for SPECIAL ORDERS GRANTED culture, transmitting the Department’s final Personnel and Readiness, Department of De- rule — Importation of Emerald Ash Borer fense, transmitting a letter on the approved By unanimous consent, permission to Host Material From Canada [Docket No. retirement Vice Admiral Rodney P. Rempt, address the House, following the legis- APHIS-2006-0125] (RIN: 0579-AC39) received United States Navy, and his advancement to lative program and any special orders June 4, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); the grade of vice admiral on the retired list; heretofore entered, was granted to: to the Committee on Agriculture. to the Committee on Armed Services.

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.001 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 15331 2125. A letter from the Under Secretary for transmitting the Department’s final rule — September 30, 2008, and for other purposes Acquisition, Technology and Logistics, De- Acquisition Regulation: Technical Revisions (Rept. 110–184). Referred to the House Cal- partment of Defense, transmitting the De- or Amendments to Update Clauses (RIN: endar. partment’s report on the amount of the ac- 1991-AB62) received June 4, 2007, pursuant to Mr. VISCLOSKY: Committee on Appro- quisitions made from entities that manufac- 5 U.S.C. 801(a)(1)(A); to the Committee on priations. H.R. 2641. A bill making appropria- ture the articles, materials, or supplies out- Energy and Commerce. tions for energy and water development and side of the United States in fiscal year 2006, 2135. A letter from the Legal Advisor to the related agencies for the fiscal year ending pursuant to Public Law 109-115, section 837; Chief, Media Bureau, Federal Communica- September 30, 2008, and for other purposes to the Committee on Armed Services. tions Commission, transmitting the Com- (Rept. 110–185). Referred to the Committee of 2126. A letter from the Assistant to the mission’s final rule — Amendment of Section the Whole House on the State of the Union. Board, Board of Governors of the Federal Re- 73.202(b), Table of Allotments, FM Broadcast Mr. EDWARDS: Committee on Appropria- serve System, transmitting the Board’s final Stations. (Romney and Wardensville, West tions. H.R. 2642. A bill making appropria- rule — Loans to Executive Officers, Direc- Virginia) [MB Docket No. 05-143 RM-11221 tions for military construction, the Depart- tors, and Principal Shareholders of Member RM-11286] received June 4, 2007, pursuant to ment of Veterans Affairs, and related agen- Banks [Regulation O; Docket No. R-1271] re- 5 U.S.C. 801(a)(1)(A); to the Committee on cies for the fiscal year ending September 30, ceived June 4, 2007, pursuant to 5 U.S.C. Energy and Commerce. 2008, and for other purposes (Rept. 110–186). 801(a)(1)(A); to the Committee on Financial 2136. A letter from the White House Liai- Referred to the Committee of the Whole Services. son, Department of Education, transmitting House on the State of the Union. 2127. A letter from the Chief Counsel, a report pursuant to the Federal Vacancies Mr. DICKS: Committee on Appropriations. FEMA, Department of Homeland Security, Reform Act of 1998; to the Committee on H.R. 2643. A bill making appropriations for transmitting the Department’s final rule — Oversight and Government Reform. the Department of the Interior, environ- Final Flood Elevation Determinations — re- 2137. A letter from the White House Liai- ment, and related agencies for the fiscal year ceived April 20, 2007, pursuant to 5 U.S.C. son, Department of Education, transmitting ending September 30, 2008, and for other pur- 801(a)(1)(A); to the Committee on Financial a report pursuant to the Federal Vacancies poses (Rept. 110–187). Referred to the Com- Services. Reform Act of 1998; to the Committee on mittee of the Whole House on the State of 2128. A letter from the Chief Counsel, Oversight and Government Reform. the Union. FEMA, Department of Homeland Security, 2138. A letter from the White House Liai- Mr. DINGELL: Committee on Energy and transmitting the Department’s final rule — son, Department of Health and Human Serv- Commerce. H.R. 251. A bill to amend the Final Flood Elevation Determinations — re- ices, transmitting a report pursuant to the Communications Act of 1934 to prohibit ma- ceived April 20, 2007, pursuant to 5 U.S.C. Federal Vacancies Reform Act of 1998; to the nipulation of caller identification informa- 801(a)(1)(A); to the Committee on Financial Committee on Oversight and Government tion, and for other purposes; with an amend- Services. Reform. ment (Rept. 110–188). Referred to the Com- 2129. A letter from the Counsel for Legisla- 2139. A letter from the Human Resources mittee of the Whole House on the State of tion and Regulations, Department of Hous- Specialist, Department of Labor, transmit- the Union. ting a report pursuant to the Federal Vacan- ing and Urban Development, transmitting f the Department’s final rule — HOME Invest- cies Reform Act of 1998; to the Committee on ment Partnerships Program; American Oversight and Government Reform. PUBLIC BILLS AND RESOLUTIONS 2140. A letter from the Special Assistant to Dream Downpayment Initiative and Amend- Under clause 2 of rule XII, public ments to Homeownership Affordability the Secretary, White House Liaison, Depart- [Docket No. FR-4832-F-02] (RIN: 2501-AC93) ment of Veterans Affairs, transmitting a re- bills and resolutions were introduced received April 17, 2007, pursuant to 5 U.S.C. port pursuant to the Federal Vacancies Re- and severally referred, as follows: 801(a)(1)(A); to the Committee on Financial form Act of 1998; to the Committee on Over- By Mr. BOUSTANY: Services. sight and Government Reform. H.R. 2639. A bill to amend the Internal Rev- 2130. A letter from the Counsel for Legisla- 2141. A letter from the Special Assistant to enue Code of 1986 to modify the rules with re- tion and Regulations, Department of Hous- the Secretary, Department of Veterans Af- spect to health savings accounts and medical ing and Urban Development, transmitting fairs, transmitting a report pursuant to the savings accounts, and for other purposes; to the Department’s final rule — Approval of Federal Vacancies Reform Act of 1998; to the the Committee on Ways and Means, and in Condominiums in Puerto Rico on Evidence Committee on Oversight and Government addition to the Committee on Energy and of Presentment of Legal Documents [Docket Reform. Commerce, for a period to be subsequently No. FR-5009-F-02] (RIN: 2502-AI36) received 2142. A letter from the Director, Office of determined by the Speaker, in each case for April 17, 2007, pursuant to 5 U.S.C. Personnel Management, transmitting the Of- consideration of such provisions as fall with- 801(a)(1)(A); to the Committee on Financial fice’s final rule — Pay Administration (Gen- in the jurisdiction of the committee con- Services. eral) (RIN: 3206-AK74) received April 17, 2007, cerned. 2131. A letter from the Regulatory Spe- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- By Mrs. MCCARTHY of New York (for cialist, Department of the Treasury, trans- mittee on Oversight and Government Re- herself, Mr. BOUCHER, Mr. DINGELL, mitting the Department’s final rule — Ex- form. Mr. SMITH of Texas, Mr. BISHOP of panded Examination Cycle for Certain Small 2143. A letter from the Acting Director, New York, Mr. CASTLE, Mr. EMANUEL, Insured Depository Institutions and U.S. U.S. Trade and Development Agency, trans- Mrs. LOWEY, Mr. MOORE of Kansas, Branches and Agencies of Foreign Banks mitting a report pursuant to the Federal Va- Mr. MORAN of Virginia, Mr. [Docket ID OTS-2007-0006] received April 17, cancies Reform Act of 1998; to the Com- PASCRELL, Ms. SCHAKOWSKY, Mr. 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the mittee on Oversight and Government Re- SHAYS, Ms. WASSERMAN SCHULTZ, and Committee on Financial Services. form. Mrs. CAPPS): 2132. A letter from the Administrator, En- 2144. A letter from the Rules Adminis- H.R. 2640. A bill to improve the National ergy Information Administration, Depart- trator, Department of Justice, transmitting Instant Criminal Background Check System, ment of Energy, transmitting the Depart- the Department’s final rule — National Se- and for other purposes; to the Committee on ment’s report for Calendar Year 2006 on the curity; Prevention of Acts of Violence and the Judiciary. country of origin and the sellers of uranium Terrorism [BOP-1116; AG Order No. 2878-2007] By Mr. JEFFERSON: and uranium enrichment services purchased (RIN: 1120-AB08) received April 17, 2007, pur- H.R. 2644. A bill to amend title XVIII of the by owners and operators of U.S. civilian nu- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Social Security Act to provide for coverage clear power reactors, pursuant to Public Law mittee on the Judiciary. of marriage and family therapist services 102-486, section 1015; to the Committee on f under Medicare part B, and for other pur- Energy and Commerce. poses; to the Committee on Energy and Com- 2133. A letter from the Deputy Chief Coun- REPORTS OF COMMITTEES ON merce, and in addition to the Committee on sel, Department of Commerce, transmitting PUBLIC BILLS AND RESOLUTIONS Ways and Means, for a period to be subse- the Department’s final rule — Rules to Im- Under clause 2 of rule XIII, reports of quently determined by the Speaker, in each plement and Administer a Coupon Program committees were delivered to the Clerk case for consideration of such provisions as for Digital-to-Analog Converter Boxes fall within the jurisdiction of the committee [Docket Number: 0612242667-7051-01] (RIN: for printing and reference to the proper concerned. 0660-AA16) received April 25, 2007, pursuant calendar, as follows: By Mr. JEFFERSON: to 5 U.S.C. 801(a)(1)(A); to the Committee on Ms. SLAUGHTER: Committee on Rules. H.R. 2645. A bill to amend the Juvenile Jus- Energy and Commerce. House Resolution 473. Resolution providing tice and Delinquency Prevention Act of 1974 2134. A letter from the Attorney, Office of for consideration of the bill (H.R. 2638) mak- to improve mental health and substance Assistant General Counsel for Legislation ing appropriations for the Department of abuse treatment by providing grants for jus- and Regulatory Law, Department of Energy, Homeland Security for the fiscal year ending tice system personnel training, treatment

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A bill to enhance the ongoing plementing cultural heritage, conservation, other purposes; to the Committee on Edu- profitability and viability of America’s and recreational activities in the Con- cation and Labor, and in addition to the farms, forests, and ranches by making con- necticut River watershed of the States of Committee on the Judiciary, for a period to servation activities more cost-effective and New Hampshire and Vermont; to the Com- be subsequently determined by the Speaker, efficient, by creating new revenue opportuni- mittee on Natural Resources. in each case for consideration of such provi- ties through biofuels, and for other purposes; By Mr. RUSH: sions as fall within the jurisdiction of the to the Committee on Agriculture, and in ad- H.R. 2666. A bill to provide for the imple- committee concerned. dition to the Committees on Energy and mentation of a system of licensing for pur- By Mr. JEFFERSON: Commerce, and Science and Technology, for chasers of certain firearms and for a record H.R. 2646. A bill to amend the Public a period to be subsequently determined by of sale system for those firearms, and for Health Service Act to establish grant pro- the Speaker, in each case for consideration other purposes; to the Committee on the Ju- grams to provide funding for mental health of such provisions as fall within the jurisdic- diciary. services in response to public health emer- tion of the committee concerned. By Ms. WOOLSEY: gencies, for statewide plans for providing By Mrs. MCCARTHY of New York (for H.R. 2667. A bill to provide for the estab- such services in response to such emer- herself, Ms. WOOLSEY, and Mr. KIL- lishment of a disabled farmers’ market nu- gencies, and for the training of mental DEE): trition pilot program; to the Committee on health professional with respect to the treat- H.R. 2657. A bill to amend the Employee Agriculture. ment of victims of such emergencies, and to Retirement Income Security Act of 1974 to By Mr. WU: establish the National Mental Health Crisis ensure that employees are not improperly H.R. 2668. A bill to amend the Elementary Response Technical Assistance Center; to disqualified from benefits under pension and Secondary Education Act of 1965 to re- the Committee on Energy and Commerce. plans and welfare plans based on the duce class size through the use of fully quali- By Mr. JEFFERSON: misclassification or reclassification of their fied teachers, and for other purposes; to the H.R. 2647. A bill to amend the Public status; to the Committee on Education and Committee on Education and Labor. Health Service Act to improve mental health Labor. By Mr. RANGEL: and substance abuse services for juveniles; to By Mr. MCHUGH: H. Con. Res. 167. Concurrent resolution ex- the Committee on Energy and Commerce. H.R. 2658. A bill to amend the Internal Rev- pressing the sense of Congress that Lena By Mr. ABERCROMBIE: enue Code of 1986 to provide a tax credit for Horne should be recognized as one of the H.R. 2648. A bill to amend the Internal Rev- farmers’ investments in value-added agri- most popular performers of the 1940s and enue Code of 1986 to repeal the reduction in culture; to the Committee on Ways and 1950s and for her outspoken opposition to ra- the deductible portion of expenses for busi- Means. cial and social injustice; to the Committee ness meals and entertainment; to the Com- By Mr. POMEROY (for himself, Mr. on Oversight and Government Reform. mittee on Ways and Means. HULSHOF, Mr. PETERSON of Min- By Mr. MCINTYRE (for himself, Mr. By Mr. BILBRAY (for himself and Mr. nesota, Mr. MORAN of Kansas, Mr. ISSA, Mr. BURTON of Indiana, Mr. HUNTER): UDALL of Colorado, and Mrs. HAYES, Mr. CONAWAY, Mr. WAMP, Mr. H.R. 2649. A bill to make amendments to MCMORRIS RODGERS): BISHOP of Georgia, Mr. ROSS, Mr. H.R. 2659. A bill to treat payments under the Reclamation Projects Authorization and CARDOZA, Mr. MARCHANT, Mr. LAN- the Conservation Reserve Program as rentals Adjustment Act of 1992; to the Committee on TOS, Mr. ADERHOLT, Mr. SCOTT of from real estate; to the Committee on Ways Natural Resources. Georgia, Mr. FILNER, Mr. KUHL of and Means. By Mr. BOYD of Florida: New York, Mr. LINCOLN DAVIS of Ten- By Mr. RUPPERSBERGER (for him- H.R. 2650. A bill to modify certain water re- nessee, Mrs. MUSGRAVE, Mr. AKIN, self, Ms. KILPATRICK, and Ms. sources projects for the Apalachicola, Chat- Mr. SULLIVAN, Mr. PITTS, Mr. WASSERMAN SCHULTZ): tahoochee, and Flint Rivers, Georgia, Flor- SOUDER, Mr. PICKERING, Mr. GARY G. H.R. 2660. A bill to amend title VII of the ida, and Alabama; to the Committee on MILLER of California, Mr. SKELTON, Civil Rights Act of 1964 to extend the period Transportation and Infrastructure. Mr. RAHALL, Mr. ALEXANDER, Mr. for filing charges of discrimination in viola- By Mr. ENGEL: BAKER, Mr. BARTLETT of Maryland, tion of such title and to provide relief for H.R. 2651. A bill to require large publicly Mr. ETHERIDGE, Mr. MARSHALL, Mr. certain current injuries arising from com- traded companies and significant emitters of BOREN, Mr. MATHESON, Mr. ARCURI, pensation calculations attributable to com- greenhouse gases to report their emissions to Mr. SHULER, Mr. FORBES, Mr. COOPER, pensation decisions made at any time in vio- the Environmental Protection Agency, and Mr. LINCOLN DIAZ-BALART of Florida, lation of such title; to the Committee on for other purposes; to the Committee on En- Mr. LIPINSKI, Mr. SHIMKUS, Mr. KING- Education and Labor. ergy and Commerce, and in addition to the STON, Mr. GARRETT of New Jersey, By Mr. SARBANES: Committee on Financial Services, for a pe- H.R. 2661. A bill to make careers in public Mr. GOODE, Mr. DAVIS of Kentucky, riod to be subsequently determined by the service more feasible for students with high Mr. ABERCROMBIE, Mr. JONES of North Speaker, in each case for consideration of educational debt; to the Committee on Edu- Carolina, Mr. CANTOR, Mr. SPRATT, such provisions as fall within the jurisdic- cation and Labor. Mr. LAMPSON, Mr. MICHAUD, Ms. ´ tion of the committee concerned. By Mrs. SCHMIDT: LINDA T. SANCHEZ of California, and By Mr. ENGLISH of Pennsylvania: H.R. 2662. A bill to require the Secretary of Ms. JACKSON-LEE of Texas): H.R. 2652. A bill to amend the Internal Rev- Transportation to collect certain data per- H. Res. 474. A resolution recognizing the enue Code of 1986 to generate renewable en- taining to cancelled and diverted flights of immeasurable contributions of fathers in the ergy and encourage novel technologies re- air carriers; to the Committee on Transpor- healthy development of children, supporting lated to the production of energy, and for tation and Infrastructure. responsible fatherhood, and encouraging other purposes; to the Committee on Ways By Mr. SHUSTER: greater involvement of fathers in the lives of and Means. H.R. 2663. A bill to amend title 49, United their children, especially on Father’s Day; to By Mr. GRAVES: States Code, to direct the Secretary of the Committee on Education and Labor. H.R. 2653. A bill to provide for priority con- Homeland Security to extend a requirement By Mr. GRIJALVA: sideration for grade crossing safety improve- for the prescreening of air passengers to H. Res. 475. A resolution congratulating ments where there have been serious colli- international flights that overfly the United the University of Arizona Wildcats for win- sions; to the Committee on Transportation States; to the Committee on Homeland Secu- ning the 2007 National Collegiate Athletic and Infrastructure. rity. Association Division I Softball Champion- By Ms. HERSETH SANDLIN (for her- By Mr. WEINER: ship; to the Committee on Education and self and Mr. MCGOVERN): H.R. 2664. A bill to require the Federal Labor. H.R. 2654. A bill to designate the facility of Government to reimburse a State or local By Mr. MEEHAN (for himself, Mr. the United States Postal Service located at government for financial losses incurred SHAYS, Mrs. MALONEY of New York, 202 South Dumont Avenue in Woonsocket, when an employee of the State or local gov- Mr. HONDA, Mr. MICA, Mr. WAXMAN, South Dakota, as the ‘‘Eleanor McGovern ernment who performs public safety or first and Mr. CAMPBELL of California): Post Office Building’’; to the Committee on responder duties and who is also a member of H. Res. 476. A resolution condemning big- Oversight and Government Reform. a reserve component of the uniformed serv- otry, violence, and discrimination against By Ms. HIRONO: ices is called or ordered to active duty for a Iranian-Americans; to the Committee on the H.R. 2655. A bill to provide for a loan for- period of more than 30 days; to the Com- Judiciary. giveness program for certain individuals who mittee on Armed Services. By Mr. GARY G. MILLER of California serve as early childhood educators; to the By Mr. WELCH of Vermont (for himself (for himself, Mr. FRANK of Massachu- Committee on Education and Labor. and Mr. HODES): setts, Mr. BACHUS, Ms. WATERS, Mrs. By Mr. MAHONEY of Florida (for him- H.R. 2665. A bill to authorize the Secretary BIGGERT, Mr. HINOJOSA, Mr. self and Mr. PUTNAM): of the Interior to provide assistance in im- NEUGEBAUER, Mr. CLAY, Mr. DAVIS of

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Kentucky, Mr. MANZULLO, Mr. AL H.R. 1295: Mr. GOODE, Mr. FRANKS of Ari- H.R. 2347: Mr. BACA, Mr. CAPUANO, Mr. BER- GREEN of Texas, Mrs. MCCARTHY of zona, and Mr. HUNTER. MAN, Ms. ROS-LEHTINEN, Mr. GUTIERREZ, Ms. New York, Mrs. MALONEY of New H.R. 1304: Mr. COBLE, Mr. BOREN, Mr. WEST- BERKLEY, Mr. HODES, Mr. HONDA, and Ms. York, Mr. WATT, and Mr. ROSKAM): MORELAND, Mr. HODES, Mr. LATHAM, and Mr. WASSERMAN SCHULTZ. H. Res. 477. A resolution recognizing Na- PETERSON of Minnesota. H.R. 2349: Mr. WYNN. tional Homeownership Month and the impor- H.R. 1338: Mr. GENE GREEN of Texas, Mr. H.R. 2352: Mr. LEWIS of Georgia. tance of homeownership in the United BAIRD, Mr. MCNERNEY, Mr. WELCH of H.R. 2358: Mr. CASTLE. States; to the Committee on Financial Serv- Vermont, and Ms. VELA´ ZQUEZ. H.R. 2362: Mr. SESSIONS and Mr. ROHR- ices. H.R. 1363: Mr. KUCINICH, Ms. ROYBAL-AL- ABACHER. f LARD, Ms. ZOE LOFGREN of California, Mr. H.R. 2367: Mr. GRIJALVA. GORDON, and Mr. POMEROY. H.R. 2373: Mr. ABERCROMBIE. ADDITIONAL SPONSORS H.R. 1366: Mr. PEARCE and Mr. EHLERS. H.R. 2384: Mr. DAVIS of Illinois and Mr. Under clause 7 of rule XII, sponsors H.R. 1418: Mr. FERGUSON, Mr. LOBIONDO, MCGOVERN. Mr. FORTUN˜ O, Mrs. BOYDA of Kansas, H.R. 2392: Ms. HIRONO and Ms. ZOE LOFGREN were added to public bills and resolu- Mr. CARNEY, Mrs. CHRISTENSEN, Mr. SMITH of California. tions as follows: of New Jersey, and Mr. PICKERING. H.R. 2401: Ms. WATERS. H.R. 23: Mr. RADANOVICH, Mr. BISHOP of H.R. 1428: Mr. WAMP. H.R. 2417: Mr. MCGOVERN. Georgia, Mr. SCHIFF, Mr. BAIRD, Mr. H.R. 1441: Mrs. DAVIS of California and Mrs. H.R. 2421: Mr. EMANUEL. HASTINGS of Florida, Mr. MEEHAN, Mr. KIL- MALONEY of New York. H.R. 2425: Mr. BLUNT. DEE, Mr. RAMSTAD, Ms. JACKSON-LEE of H.R. 1456: Mr. SCHIFF and Mr. CROWLEY. H.R. 2426: Mr. PETERSON of Minnesota. Texas, Mr. THOMPSON of California, Mr. H.R. 1459: Mr. JONES of North Carolina and H.R. 2435: Mr. HOLT. GUTIERREZ, Mr. HINOJOSA, Mr. CAMP of Mr. WHITFIELD. H.R. 2443: Mr. KING of New York, Mr. LEWIS Michigan, Mr. PLATTS, Mr. LYNCH, Mr. SHER- H.R. 1475: Ms. SCHAKOWSKY. of Kentucky, Mr. MCCAUL of Texas, Mr. DON- MAN, Mr. CLEAVER, and Ms. NORTON. H.R. 1496: Mr. CARTER. NELLY, Ms. WASSERMAN SCHULTZ, Mr. DENT, H.R. 25: Mr. GILCHREST. H.R. 1514: Mr. GINGREY and Mr. REHBERG. and Mr. ISRAEL. H.R. 35: Mr. HARE. H.R. 1542: Mr. KUCINICH. H.R. 2458: Mr. SAM JOHNSON of Texas. H.R. 82: Mr. BAKER, Mr. BUCHANAN, Mr. H.R. 1551: Ms. WATERS. H.R. 2470: Mr. CARNAHAN, Mr. COURTNEY, DONNELLY, Mr. MILLER of North Carolina, H.R. 1567: Mr. AL GREEN of Texas. Mr. FATTAH, and Mr. OBERSTAR. Mr. SESTAK and Mr. SULLIVAN. H.R. 1576: Mr. HARE, Mr. LEWIS of Ken- H.R. 2499: Ms. JACKSON-LEE of Texas. H.R. 176: Mr. WEXLER. tucky, Mr. WELLER, and Mr. SESTAK. H.R. 2503: Ms. BALDWIN, Mrs. DAVIS of Cali- H.R. 237: Mr. MATHESON. H.R. 1673: Mr. HERGER. fornia, and Ms. KILPATRICK. H.R. 303: Mr. ADERHOLT. H.R. 1705: Mr. MCDERMOTT, Mrs. MALONEY H.R. 2508: Mrs. MYRICK and Mrs. JO ANN H.R. 333: Mr. BISHOP of Georgia. of New York, Mr. SERRANO, Mr. DAVIS of Illi- DAVIS of Virginia. H.R. 464: Mr. SERRANO. nois, and Mr. FILNER. H.R. 2537: Mr. ISRAEL and Ms. BORDALLO. H.R. 555: Mr. BUTTERFIELD. H.R. 1707: Mr. WU and Mr. EMANUEL. H.R. 2593: Mr. HINOJOSA and Mr. ORTIZ. H.R. 621: Ms. SCHWARTZ, Mr. FORTENBERRY, H.R. 1709: Mr. ARCURI. H.R. 2604: Ms. NORTON, Mr. DAVIS of Illi- Mrs. JO ANN DAVIS of Virginia, and Mr. H.R. 1732: Mr. YOUNG of Alaska. nois, Mrs. MALONEY of New York, Mr. TOWNS, HAYES H.R. 1776: Mr. LINCOLN DAVIS of Tennessee Mr. MCDERMOTT, and Mr. MCNULTY. H.R. 662: Mr. GRIJALVA, and Mr. MCGOV- and Mr. DAVIS of Illinois. H.R. 2605: Mr. BISHOP of New York and Mr. ERN. H.R. 1780: Mr. FEENEY. FILNER. H.R. 675: Mr. BOOZMAN. H.R. 1783: Mr. KUCINICH, Mr. CLAY, and Mr. H.R. 2633: Mr. DAVIS of Illinois. H.R. 690: Mr. TIBERI, Mrs. MALONEY of New WEINER. H.R. 2637: Ms. SHEA-PORTER. York, and Mr. SIRES. H.R. 1791: Mr. WESTMORELAND. H.J. Res. 9: Mr. BOEHNER, Mr. BUYER, Mr. H.R. 715: Mr. PAYNE, Ms. HIRONO, Mr. JEF- H.R. 1809: Mr. PETERSON of Minnesota. FEENEY, Mr. STEARNS, and Mr. EVERETT. FERSON, Mr. WALZ of Minnesota, Ms. EDDIE H.R. 1810: Mr. CROWLEY. H.J. Res. 12: Mr. LEWIS of Kentucky, Mr. BERNICE JOHNSON of Texas, and Mr. BISHOP of H.R. 1845: Mr. CRAMER, Mr. RYAN of Ohio, GORDON, Mr. LINCOLN DAVIS of Tennessee, New York. Mr. CAMP of Michigan, Mr. MORAN of Kansas, Mr. FRELINGHUYSEN, Mr. FRANKS of Arizona, H.R. 718: Mr. ISRAEL. Mr. SALAZAR, Mr. BRALEY of Iowa, and Ms. Mr. TANCREDO, Ms. HERSETH SANDLIN, and H.R. 741: Mr. PRICE of North Carolina. BALDWIN. Mr. HENSARLING. H.R. 758: Mr. SMITH of Washington and Mr. H.R. 1866: Mr. BOUSTANY, Ms. ZOE LOFGREN H.J. Res. 28: Mr. DAVIS of Alabama, Mr. ELLISON. of California, Mr. HELLER, and Mr. FORTUN˜ O. RYAN of Ohio, Mr. KUCINICH, Mr. COHEN, Mr. H.R. 760: Mr. PASTOR and Ms. NORTON. H.R. 1912: Mr. FORTUN˜ O. RANGEL, Ms. LEE, Mr. DAVIS of Illinois, Ms. H.R. 784: Mr. LANGEVIN and Mr. BISHOP of H.R. 1957: Mrs. NAPOLITANO, Mr. ALLEN, CARSON, Mr. FILNER, Mr. AL GREEN of Texas, Georgia. Ms. NORTON, Ms. MOORE of Wisconsin, Mr. Mr. HOLT, Ms. JACKSON-LEE of Texas, Ms. H.R. 857: Mr. LEWIS of Kentucky. KENNEDY, Mr. WEXLER, and Mr. GRIJALVA. EDDIE BERNICE JOHNSON of Texas, Mr. KEN- H.R. 928: Mr. GORDON. H.R. 1975: Mr. ORTIZ, Mr. PERLMUTTER, and NEDY, Ms. SCHAKOWSKY, Mr. TOWNS, and Mr. H.R. 943: Mr. LARSEN of Washington. Mr. JONES of North Carolina. WATT. H.R. 962: Ms. BALDWIN. H.R. 1977: Mr. FERGUSON, Mr. LOBIONDO, H. Con. Res. 21: Mr. DAVIS of Kentucky. H.R. 971: Ms. FOXX. and Mr. SIRES. H. Con. Res. 104: Ms. BERKLEY. H.R. 980: Mr. STUPAK, Mr. SALAZAR, Mr. H.R. 2017: Mr. ABERCROMBIE. H. Con. Res. 138: Mr. PASCRELL, Mr. SNYDER, Mr. ELLISON, and Mr. GUTIERREZ. H.R. 2027: Mr. CARNEY, Mrs. JO ANN DAVIS LOBIONDO, Mr. SAXTON, Mr. HOLT, Mr. GAR- H.R. 997: Mr. STEARNS, Mr. WELLER, and of Virginia, and Mr. GORDON. RETT of New Jersey, Ms. CORRINE BROWN of Mr. PETERSON of Pennsylvania. H.R. 2032: Ms. MCCOLLUM of Minnesota, Ms. Florida, Mr. JEFFERSON, Ms. JACKSON-LEE of H.R. 1038: Mr. COOPER. HIRONO, and Ms. SLAUGHTER. Texas, Mr. BUTTERFIELD, Mr. CONYERS, Ms. H.R. 1043: Mr. SCOTT of Georgia. H.R. 2060: Mr. HASTINGS of Washington and LEE, Mr. DAVIS of Illinois, and Mr. FER- H.R. 1073: Mr. DEFAZIO. Mr. MCINTYRE. GUSON. H.R. 1098: Mr. GERLACH and Mr. H.R. 2109: Mr. CANTOR. H. Con. Res. 162: Mr. COURTNEY. LATOURETTE. H.R. 2111: Mr. CONYERS. H. Res. 226: Mr. FILNER. H.R. 1102: Mr. HINOJOSA. H.R. 2129: Ms. WATERS, Mr. GONZALEZ, Mr. H. Res. 231: Mr. WELLER. H.R. 1108: Mr. ALEXANDER, Mr. CARNAHAN, GEORGE MILLER of California, and Mr. EMAN- H. Res. 257: Mr. BRADY of Pennsylvania, and Mr. BRADY of Pennsylvania. UEL. Mr. COBLE, Mr. MCHUGH, and Mr. SESSIONS. H.R. 1113: Mr. CUMMINGS, Mr. FATTAH, Mrs. H.R. 2131: Mr. MARKEY. H. Res. 282: Ms. MOORE of Wisconsin, Mr. JO ANN DAVIS of Virginia, Mr. SOUDER, Ms. H.R. 2164: Mr. ALEXANDER. MEEKS of New York, Mr. WALSH of New GRANGER, Mr. PRICE of North Carolina, Mr. H.R. 2165: Mrs. NAPOLITANO, Mr. HOLT, Mr. York, Mr. JOHNSON of Georgia, Mr. WELLER, DELAHUNT, Mr. HINOJOSA, and Mr. WEXLER. CONYERS, Mrs. BONO, Mr. HILL, Ms. CASTOR, Mr. HINOJOSA, and Mr. SESTAK. H.R. 1115: Mr. MCNULTY. and Mr. MCDERMOTT. H. Res. 287: Ms. MATSUI. H.R. 1187: Mr. VISCLOSKY. H.R. 2169: Mr. PASCRELL. H. Res. 353: Ms. LEE and Mr. FERGUSON. H.R. 1189: Ms. SHEA-PORTER. H.R. 2232: Ms. BERKLEY. H. Res. 356: Mr. HOLT, Mr. KENNEDY, Mr. H.R. 1192: Mr. MILLER of North Carolina. H.R. 2265: Mr. DINGELL and Ms. HIRONO. CROWLEY, Mr. SPACE, and Mr. PAYNE. H.R. 1239: Mr. FOSSELLA. H.R. 2287: Mrs. CHRISTENSEN. H. Res. 395: Mr. SARBANES. H.R. 1261: Ms. FALLIN, Mr. REICHERT, Mr. H.R. 2295: Mr. THOMPSON of California, Mr. H. Res. 431: Mr. ELLISON, Mr. BERMAN, and BUCHANAN, and Mr. STEARNS. THOMPSON of Mississippi, and Ms. SUTTON. Ms. SCHAKOWSKY. H.R. 1280: Mrs. MALONEY of New York, and H.R. 2304: Ms. WOOLSEY and Mr. MATHESON. H. Res. 442: Mr. PRICE of North Carolina. Mr. MCGOVERN. H.R. 2341: Mr. SHAYS and Mr. GRIJALVA. H. Res. 444: Mr. COHEN.

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H. Res. 467: Mr. MARIO DIAZ-BALART of SEC. 544. None of the funds made available H.R. 2638 Florida, Mr. SHERMAN, Mr. SESSIONS, Mr. in this Act may be used to carry out the di- OFFERED BY: MS. CORRINE BROWN OF FLORIDA ETHERIDGE, Mr. MARSHALL, Mrs. MALONEY of versity visa program established in section AMENDMENT NO. 17: In title I, in the item 203(c) of the Immigration and Nationality New York, Mr. CANTOR, Mrs. TAUSCHER, Mr. relating to ‘‘Office of the Chief Financial Of- Act (8 U.S.C. 1153(c)). HENSARLING, and Ms. MATSUI. ficer’’, after the dollar amount, insert ‘‘(re- f H.R. 2638 duced by $500,000)’’. OFFERED BY: MRS. DRAKE AMENDMENTS In title I, in the item relating to ‘‘Inspec- AMENDMENT NO. 9: Page 2, line 16, after the tor General, operating expenses’’, after the Under clause 8 of rule XVIII, pro- dollar amount, insert ‘‘(reduced by dollar amount, insert ‘‘(increased by posed amendments were submitted as $10,400,000)’’. $500,000)’’. follows: Page 17, line 23, after the dollar amount, H.R. 2638 insert ‘‘(increased by $9,100,000)’’. H.R. 2638 OFFERED BY: MS. CORRINE BROWN OF FLORIDA H.R. 2638 OFFERED BY: MR. ROGERS OF KENTUCKY AMENDMENT NO. 18: Page 61, after line 11, OFFERED BY: MRS. DRAKE AMENDMENT NO. 1: At the end of the bill insert the following: AMENDMENT NO. 10: At the end of the bill (before the short title), insert the following: (d) Orlando International Airport and (before the short title), insert the following: SEC. ll. Each amount appropriated or Miami International Airport shall be two of SEC. 544. None of the funds made available otherwise made available by this Act that is in this Act may be used by U.S. Citizenship the seven airports selected to implement a not required to be appropriated or otherwise and Immigration Services to grant an immi- pilot program to screen airport workers who made available by a provision of law is here- gration benefit to any individual who com- enter or re-enter secure airport space. by reduced by 5.7 percent. mits manslaughter while under the influence H.R. 2638 H.R. 2638 of alcohol and while operating a motor vehi- OFFERED BY: MS. CORRINE BROWN OF FLORIDA cle that has been involved in interstate com- OFFERED BY: MR. ROGERS OF KENTUCKY AMENDMENT NO. 19: Page 3, line 14, after AMENDMENT NO. 2: At the end of the bill merce. the dollar amount insert ‘‘(reduced by (before the short title), insert the following: H.R. 2638 $1,000,000)’’. SEC. lllll. None of the funds made OFFERED BY: MR. WELDON OF FLORIDA Page 39, line 14, after the dollar amount in- available under this Act may be used to re- AMENDMENT NO. 11: Page 18, line 25, insert sert ‘‘(increased by $1,000,000)’’. cruit or hire a total of more than 45,000 full- before the period at the end the following: ‘‘: H.R. 2638 time equivalent airport screeners. Provided further, That, of the funds made OFFERED BY: MS. CORRINE BROWN OF FLORIDA H.R. 2638 available under this heading, $250,000 is for a AMENDMENT NO. 20: At the end of the bill OFFERED BY: MR. LANGEVIN study to determine how participation in the program under section 287(g) of the Immigra- (before the short title), insert the following: AMENDMENT NO. 3: Page 50, line 26, insert ‘‘: tion and Nationality Act (8 U.S.C. 1357(g)) SEC. ll. (a) None of the funds provided by Provided further, That $50,000,000 of such can be increased nationwide’’. this Act shall, effective as of April 1, 2008, be amount shall be for cybersecurity research H.R. 2638 used to fund any position described in sub- and development’’ after ‘‘Impact Assess- section (b). ment’’. OFFERED BY: MR. WELDON OF FLORIDA (b) The positions described in this sub- H.R. 2638 AMENDMENT NO. 12: At the end of the bill section are as follows: (before the short title), insert the following: OFFERED BY: MR. DEAL OF GEORGIA (1) Within the Office of the Secretary of SEC. 544. None of the funds made available Homeland Security, the Ombudsman, the AMENDMENT NO. 4: At the end of the bill in this Act may be used to provide funds to Deputy Chief of Staff (Policy), the Policy (before the short title), insert the following: a State or political subdivision of a State Advisor (Office of the Chief of Staff), and the SEC. 544. None of the funds made available that refuses a reasonable request made by Director of Public Liaison (Office of the As- in this Act may be used to provide assistance the head of a law enforcement agency of the sistant Secretary of Public Affairs). to any State or local government that fails State or subdivision that the State or sub- (2) Within the Federal Emergency Manage- to or refuses to assist in the enforcement of division take such steps as may be necessary Federal immigration laws. in order for the law enforcement agency to ment Agency, the Assistant Secretary (Pol- icy and Planning), the Director of Policy and H.R. 2638 participate in the program under section 287(g) of the Immigration and Nationality Program Analysis, and the Regional Admin- OFFERED BY: MR. DEAL OF GEORGIA Act. istrators. AMENDMENT NO. 15: At the end of the bill (3) Within the United States Citizenship H.R. 2638 (before the short title) insert the following and Immigration Services, the Chief of Pol- new section: OFFERED BY: MS. GINNY BROWN-WAITE OF icy and Strategy. SEC. ll. None of the funds made available FLORIDA (4) Within the Office of the Assistant Sec- in this Act may be used to destroy or put to AMENDMENT NO. 13: Page 2, line 16, after retary for Policy, the Assistant Secretary pasture any horse or mule belonging to the the dollar amount insert ‘‘(reduced by for Policy Development. Unites States that has become unfit for serv- $89,125,000)’’. (5) Within the Office of the Under Sec- ice until the individual trainer or handler of Page 11, line 24, after the dollar amount in- retary for Emergency Preparedness and Re- the horse or mule is given the option for the sert ‘‘(increased by $89,125,000)’’. sponse, the Director of Policy. transfer or conveyance of the horse or mule H.R. 2638 (6) Within the Office of US-VISIT Program, to the trainer’s possession. OFFERED BY: MS. GINNY BROWN-WAITE OF the Chief of Staff and Senior Policy Advisor. H.R. 2638 FLORIDA (7) Within the United States Customs and Border Protection, the Policy Advisor. OFFERED BY: MR. TANCREDO AMENDMENT NO. 14: Page 15, line 15, insert after the colon the following: ‘‘Provided fur- (8) Within the Transportation Security Ad- AMENDMENT NO. 16: At the end of the bill ther, That of the amounts made available ministration, the Director of Special (before the short title), insert the following: under this heading, $300,000,000 shall be obli- Projects for Transportation Security Policy. SEC. 544. None of the funds made available gated for the purposes of constructing fenc- (9) Within the Office of the Under Sec- in this Act may be used to carry out the visa ing along the southwest border of the United retary for Border and Transportation Secu- waiver program under section 217 of the Im- States:’’. rity, the Director of Transportation Security migration and Nationality Act (8 U.S.C. Policy for Border and Transportation Secu- 1187). H.R. 2638 OFFERED BY: MR. CONAWAY rity. H.R. 2638 (10) Within the Office of the Under Sec- AMENDMENT NO. 15: At the end of the bill OFFERED BY: MR. TANCREDO (before the short title), insert the following: retary for Information Analysis and Infra- AMENDMENT NO. 7: At the end of the bill SEC. ll. It is the sense of the House of structure Protection, the Deputy Assistant (before the short title), insert the following: Representatives that any reduction in the Secretary for Infrastructure Protection Pol- SEC. 544. None of the funds made available amount appropriated by this Act achieved as icy. in this Act may be used in contravention of a result of amendments adopted by the (11) Within the Office of the Under Sec- section 642(a) of the Illegal Immigration Re- House should be dedicated to deficit reduc- retary for Science and Technology, the Spe- form and Immigrant Responsibility Act of tion. cial Assistant for Science and Technology. 1996 (8 U.S.C. 1373(a)). H.R. 2638 H.R. 2638 H.R. 2638 OFFERED BY: MR. CONAWAY OFFERED BY: MR. CROWLEY OFFERED BY: MR. TANCREDO AMENDMENT NO. 16: Page 11, line 24, after AMENDMENT NO. 21: Page 2, line 9, after the AMENDMENT NO. 8: At the end of the bill the dollar amount insert ‘‘(reduced by dollar amount insert ‘‘(reduced by (before the short title), insert the following: $5,000,000) (increased by $5,000,000)’’. $15,000,000)’’.

VerDate Mar 15 2010 10:19 May 28, 2010 Jkt 059102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR07\H11JN7.001 H11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 11 15335 Page 2, line 16, after the dollar amount in- Sec. ll. None of the funds made available Management’’, after the first dollar amount sert ‘‘(reduced by $35,000,000)’’. in this Act may be used by the Secretary of insert ‘‘(reduced by $10,160,000)’’. Page 39, line 14, after the dollar amount in- Homeland Security to implement a plan H.R. 2638 sert ‘‘(increased by $50,000,000)’’. under section 7209 of the Intelligence Reform OFFERED BY: MR. HENSARLING Page 40, line 5, after the dollar amount in- and Terrorism Prevention Act of 2004 (Public sert ‘‘(increased by $50,000,000)’’. Law 108–458; 8 U.S.C. 1185 note) that permits AMENDMENT NO. 37: In title I, under the Page 40, line 8, after the dollar amount in- travel into the United States from foreign heading ‘‘Office of the Under Secretary for sert ‘‘(increased by $50,000,000)’’. countries using any document other than a Management’’, after the first dollar amount H.R. 2638 passport to denote citizenship and identity. insert ‘‘(reduced by $1,467,000)’’. OFFERED BY: MR. GINGREY H.R. 2638 H.R. 2638 OFFERED BY: MR. HENSARLING AMENDMENT NO. 22: Strike section 527 (page OFFERED BY: MR. CARTER 65, beginning at line 17). AMENDMENT NO. 38: In title I, under the AMENDMENT NO. 29: Page 14, line 16, strike H.R. 2638 ‘‘Office:’’ and insert ‘‘Office.’’. heading ‘‘Office of the Under Secretary for OFFERED BY: MS. JACKSON LEE OF TEXAS Page 14, strike line 17 and all that follows Management’’, after the first dollar amount insert ‘‘(reduced by $1,212,000)’’. AMENDMENT NO. 23: At the appropriate through page 16, line 2. place, insert the following: H.R. 2638 H.R. 2638 Sec. . Any reports required in this Act OFFERED BY: MR. HENSARLING ll OFFERED BY: MR. ELLSWORTH and accompanying reports to be submitted AMENDMENT NO. 39: In title I, under the AMENDMENT NO. 30: At the end of the bill to the Committees on Appropriations and heading ‘‘Office of the Chief Financial Offi- the Department of Homeland Security’s an- (before the short title), add the following new section: cer’’, after the dollar amount insert ‘‘(re- nual justifications of the President’s budget duced By $6,045,000)’’. SEC. 544. None of the funds appropriated in request shall be posted on the Department of this Act may be used to enter into a contract H.R. 2638 Homeland Security’s public website not later in an amount greater than the simplified ac- than 48 hours after such submission unless OFFERED BY: MR. HENSARLING quisition threshold unless the prospective information in the report compromises na- AMENDMENT NO. 40: In title I, under the contractor certifies in writing to the agency tional security. heading ‘‘Office of the Chief Financial Offi- awarding the contract that the contractor H.R. 2638 cer’’, after the dollar amount insert ‘‘(re- owes no Federal tax debt. For purposes of duced By $400,000)’’. OFFERED BY: MS. JACKSON LEE OF TEXAS the preceding sentence, the certification re- H.R. 2638 AMENDMENT NO. 24: On page 39, line 9, be- quirement of part 52.209-5 of the Federal Ac- fore the period, insert the following: quisition Regulation shall also include a re- OFFERED BY: MR. HENSARLING Provided further, That funds be used to in- quirement for a certification by a prospec- AMENDMENT NO. 41: In title I, under the crease outreach to encourage emergency pre- tive contractor of whether, within the three- heading ‘‘Office of the Under Secretary for paredness efforts for vulnerable commu- year period preceding the offer for the con- Management’’ after the dollar amount insert nities, including racial and ethnic minori- tract, the prospective contractor— ‘‘(reduced By $13,331,000)’’. ties, persons with disabilities, the elderly, (1) has or has not been convicted of or had H.R. 2638 and the economically disadvantaged. a civil judgment rendered against the con- OFFERED BY: MR. HENSARLING H.R. 2638 tractor for violating any tax law or failing to AMENDMENT NO. 42: In title I, under the OFFERED BY: MS. JACKSON LEE OF TEXAS pay any tax; heading ‘‘Office of the Chief Financial Offi- (2) has or has not been notified of any de- AMENDMENT NO. 25: At the appropriate cer’’, after the dollar amount insert ‘‘(re- place, insert the following: linquent taxes for which the liability re- duced By $79,000’’. mains unsatisfied; or SEC.ll. PIPELINE AND REFINERY VULNER- H.R. 2638 ABILITY. (3) has or has not received a notice of a tax OFFERED BY: MR. HENSARLING That not later than 120 days after the date lien filed against the contractor for which of the enactment of this Act, the Secretary the liability remains unsatisfied or for which AMENDMENT NO. 43: In title I, under the of Homeland Security shall submit a classi- the lien has not been released. heading ‘‘Office of the Chief Financial Offi- fied report describing the security H.R. 2638 cer’’, after the dollar amount insert ‘‘(re- duced By $9,961,000)’’. vulnerabilities of the nation’s pipelines and OFFERED BY: MR. HENSARLING H.R. 2638 oil refineries to the Committee on Appro- AMENDMENT NO. 31: In title I, under the priations of the House of Representatives, heading ‘‘Office of the Secretary and Execu- OFFERED BY: MR. HENSARLING the Committee on Appropriations of the Sen- tive Management’’, after the first dollar AMENDMENT NO. 44: Page 31, line 13, after ate, the Committee on Homeland Security of amount insert ‘‘(reduced By $138,000)’’. the dollar amount insert ‘‘(reduced by the House of Representatives, the Committee H.R. 2638 $16,000,000)’’. on Homeland Security and Government Af- H.R. 2638 fairs of the Senate, the Committee on Trans- OFFERED BY: MR. HENSARLING portation and Infrastructure of the House of AMENDMENT NO. 32: In title I, under the OFFERED BY: MR. HENSARLING Representatives, and the Committee on heading ‘‘Office of the Secretary and Execu- AMENDMENT NO. 45: Page 39, line 14, after Commerce, Science, and Transportation of tive Management’’, after the first dollar the dollar amount insert ‘‘(reduced by the Senate. amount insert ‘‘(reduced By $300,000)’’. $25,000,000)’’. H.R. 2638 H.R. 2638 Page 39, line 16, after the dollar amount in- sert ‘‘(reduced by $25,000,000)’’. OFFERED BY: MR. ISSA OFFERED BY: MR. HENSARLING H.R. 2638 AMENDMENT NO. 26: At the end of the bill AMENDMENT NO. 33: In title I, under the (before the short title), insert the following: heading ‘‘Office of the Secretary and Execu- OFFERED BY: MR. HENSARLING SEC. 544. None of the funds made available tive Management’’, after the first dollar AMENDMENT NO. 46: Page 39, line 14, after in this Act may be used to enter into a con- amount insert ‘‘(reduced By $1,241,000)’’. the dollar amount insert ‘‘(reduced by tract with an entity that employs individ- H.R. 2638 $300,000,000)’’. uals unless the entity agrees to elect to par- Page 39, line 16, after the dollar amount in- OFFERED BY: MR. HENSARLING ticipate in the basic pilot program described sert ‘‘(reduced by $300,000,000)’’. in section 403(a) of the Illegal Immigration AMENDMENT NO. 34: In title I, under the H.R. 2638 heading ‘‘Office of the Under Secretary for Reform and Immigrant Responsibility Act of OFFERED BY: MR. HENSARLING 1996 (8 U.S.C. 1324a note). Management’’, after the first dollar amount insert ‘‘(reduced By $142,000)’’. AMENDMENT NO. 47: Page 39, line 14, after H.R. 2638 the dollar amount insert ‘‘(reduced by H.R. 2638 OFFERED BY: MR. SHAYS $20,000,000)’’. AMENDMENT NO. 27: Page 7, line 16, after OFFERED BY: MR. HENSARLING Page 40, line 5, after the dollar amount in- ‘‘which’’ insert the following: ‘‘$100,000 is for AMENDMENT NO. 35: In title I, under the sert ‘‘(reduced by $20,000,000)’’. sharing counter-terrorism and stolen and heading ‘‘Office of the Under Secretary for Page 40, line 23, after the dollar amount in- lost travel document information between Management’’, after the first dollar amount sert ‘‘(reduced by $20,000,000)’’. the Department and Interpol and’’. insert ‘‘(reduced by $350,000)’’. H.R. 2638 H.R. 2638 H.R. 2638 OFFERED BY: MR. HENSARLING OFFERED BY: MR. POE OFFERED BY: MR. HENSARLING AMENDMENT NO. 48: Page 39, line 14, after AMENDMENT NO. 28: At the end of title V, AMENDMENT NO. 36: In title I, under the the dollar amount insert ‘‘(reduced by add the following new section: heading ‘‘Office of the Under Secretary for $190,000,000)’’.

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Page 40, line 5, after the dollar amount in- SEC. ll. None of the funds made available SEC. l. None of the funds made available sert ‘‘(reduced by $190,000,000)’’. in this Act in title III under the heading in this Act in title III under the heading Page 40, line 10, after the dollar amount in- ‘‘Federal Emergency Management Agency— ‘‘Federal Emergency Management Agency— sert ‘‘(reduced by $190,000,000)’’. State and local programs’’ for grants for use State and local programs’’ for grants for ter- H.R. 2638 in high threat, high-density urban areas may rorism prevention activities may be used for OFFERED BY: MR. HENSARLING be used to support bingo games. art classes. AMENDMENT NO. 49: Page 39, line 14, after H.R. 2638 H.R. 2638 the dollar amount insert ‘‘(reduced by OFFERED BY: MR. HENSARLING OFFERED BY: MR. HENSARLING $225,000,000)’’. AMENDMENT NO. 61: At the end of the bill AMENDMENT NO. 69: At the end of the bill Page 40, line 5, after the dollar amount in- (before the short title) insert the following: (before the short title) insert the following: sert ‘‘(reduced by $225,000,000)’’. SEC. ll. None of the funds made available SEC. l. None of the funds made available Page 40, line 17, after the dollar amount in- in this Act in title III under the heading in this Act in title III under the heading sert ‘‘(reduced by $225,000,000)’’. ‘‘Federal Emergency Management Agency— ‘‘Federal Emergency Management Agency— H.R. 2638 State and local programs’’ for grants for use State and local programs’’ for grants for ter- OFFERED BY: MR. HENSARLING in high threat, high-density urban areas may rorism prevention activities may be used for AMENDMENT NO. 50: Page 39, line 14, after be used to support yoga classes. theater workshops. the dollar amount insert ‘‘(reduced by H.R. 2638 H.R. 2638 $50,000,000)’’. OFFERED BY: MR. HENSARLING OFFERED BY: MR. HENSARLING Page 40, line 5, after the dollar amount in- AMENDMENT NO. 62: At the end of the bill AMENDMENT NO. 70: At the end of the bill sert ‘‘(reduced by $50,000,000)’’. (before the short title) insert the following: (before the short title) insert the following: Page 41, line 5, after the dollar amount in- SEC. ll. None of the funds made available Sec. ll. None of the funds made available sert ‘‘(reduced by $50,000,000)’’. in this Act in title III under the heading in this Act in title III under the heading H.R. 2638 ‘‘Federal Emergency Management Agency— ‘‘Federal Emergency Management Agency— OFFERED BY: MR. HENSARLING State and local programs’’ for grants for use State and local programs’’ for interoperable AMENDMENT NO. 51: Page 39, line 14, after in high threat, high-density urban areas may communications grants may be used for sup- the dollar amount insert ‘‘(reduced by be used to support art classes. porting dance classes. $58,000,000)’’. H.R. 2638 H.R. 2638 Page 42, line 5, after the dollar amount in- OFFERED BY: MR. HENSARLING OFFERED BY: MR. HENSARLING sert ‘‘(reduced by $58,000,000)’’. AMENDMENT NO. 63: At the end of the bill AMENDMENT NO. 71: At the end of the bill H.R. 2638 (before the short title) insert the following: (before the short title) insert the following: OFFERED BY: MR. HENSARLING SEC. ll. None of the funds made available Sec. ll. None of the funds made available AMENDMENT NO. 52: Page 39, line 14, after in this Act in title III under the heading in this Act in title III under the heading the dollar amount insert ‘‘(reduced by ‘‘Federal Emergency Management Agency— ‘‘Federal Emergency Management Agency— $50,000,000)’’. State and local programs’’ for grants for use State and local programs’’ for interoperable Page 42, line 5, after the dollar amount in- in high threat, high-density urban areas may communications grants may be used for sup- sert ‘‘(reduced by $50,000,000)’’. be used to support theater workshops. porting puppet shows. H.R. 2638 H.R. 2638 H.R. 2638 OFFERED BY: MR. HENSARLING OFFERED BY: MR. HENSARLING OFFERED BY: MR. HENSARLING AMENDMENT NO. 53: Page 42, line 25, after AMENDMENT NO. 64: At the end of the bill AMENDMENT NO. 72: At the end of the bill each dollar amount insert ‘‘(reduced by (before the short title) insert the following: (before the short title) insert the following: $270,000,000)’’. SEC. ll. None of the funds made available Sec. ll. None of the funds made available H.R. 2638 in this Act in title III under the heading in this Act in title III under the heading OFFERED BY: MR. HENSARLING ‘‘Federal Emergency Management Agency— ‘‘Federal Emergency Management Agency— AMENDMENT NO. 54: Page 42, line 25, after State and local programs’’ for grants for ter- State and local programs’’ for interoperable each dollar amount insert ‘‘(reduced by rorism prevention activities may be used to communications grants may be used for sup- $23,000,000)’’. support dance classes. porting bingo games. H.R. 2638 H.R. 2638 H.R. 2638 OFFERED BY: MR. HENSARLING OFFERED BY: MR. HENSARLING OFFERED BY: MR. HENSARLING AMENDMENT NO. 55: Strike Section 512. AMENDMENT NO. 65: At the end of the bill AMENDMENT NO. 73: At the end of the bill H.R. 2638 (before the short title) insert the following: (before the short title) insert the following: SEC. l. None of the funds made available SEC. ll. None of the funds made available OFFERED BY: MR. HENSARLING in this Act in title III under the heading in this Act in title III under the heading AMENDMENT NO. 56: Strike Section 514. ‘‘Federal Emergency Management Agency— ‘‘Federal Emergency Management Agency— H.R. 2638 State and local programs’’ for grants for ter- State and local programs’’ for interoperable OFFERED BY: MR. HENSARLING rorism prevention activities may be used for communications grants may be used for sup- AMENDMENT NO. 57: Strike Section 536. puppet shows. porting yoga classes. H.R. 2638 H.R. 2638 H.R. 2638 OFFERED BY: MR. HENSARLING OFFERED BY: MR. HENSARLING OFFERED BY: MR. HENSARLING AMENDMENT NO. 58: At the end of the bill AMENDMENT NO. 66: At the end of the bill AMENDMENT NO. 74: At the end of the bill (before the short title) insert the following: (before the short title) insert the following: (before the short title) insert the following: SEC. ll. None of the funds made available SEC. l. None of the funds made available SEC. ll. None of the funds made available in this Act in title III under the heading in this Act in title III under the heading in this Act in title III under the heading ‘‘Federal Emergency Management Agency— ‘‘Federal Emergency Management Agency— ‘‘Federal Emergency Management Agency— State and local programs’’ for grants for use State and local programs’’ for grants for ter- State and local programs’’ for interoperable in high threat, high-density urban areas may rorism prevention activities may be used for communications grants may be used for sup- be used to support dance classes. bingo games. porting art classes. H.R. 2638 H.R. 2638 H.R. 2638 OFFERED BY: MR. HENSARLING OFFERED BY: MR. HENSARLING OFFERED BY: MR. HENSARLING AMENDMENT NO. 59: At the end of the bill AMENDMENT NO. 67: At the end of the bill AMENDMENT NO. 75: At the end of the bill (before the short title) insert the following: (before the short title) insert the following: (before the short title) insert the following: SEC. ll. None of the funds made available SEC. l. None of the funds made available SEC. ll. None of the funds made available in this Act in title III under the heading in this Act in title III under the heading in this Act in title III under the heading ‘‘Federal Emergency Management Agency— ‘‘Federal Emergency Management Agency— ‘‘Federal Emergency Management Agency— State and local programs’’ for grants for use State and local programs’’ for grants for ter- State and local programs’’ for interoperable in high threat, high-density urban areas may rorism prevention activities may be used for communications grants may be used for sup- be used to support puppet shows. yoga classes. porting theater workshops. H.R. 2638 H.R. 2638 H.R. 2638 OFFERED BY: MR. HENSARLING OFFERED BY: MR. HENSARLING OFFERED BY: MR. HENSARLING AMENDMENT NO. 60: At the end of the bill AMENDMENT NO. 68: At the end of the bill AMENDMENT NO. 76: At the end of the bill (before the short title) insert the following: (before the short title) insert the following: (before the short title) insert the following:

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SEC. ll. None of the funds made available H.R. 2638 SEC. ll. None of the funds made available in this Act in title III under the heading OFFERED BY: MR. HENSARLING in this Act may be used to pay for adult en- ‘‘Federal Emergency Management Agency— AMENDMENT NO. 82: At the end of the bill tertainment. emergency performance grants’’ may be used (before the short title), insert the following: H.R. 2638 for supporting yoga classes. SEC. ll. None of the funds made available OFFERED BY: MR. HENSARLING H.R. 2638 in this Act may be used for the alteration or AMENDMENT NO. 89: At the end of the bill OFFERED BY: MR. HENSARLING removal of the Galveston Causeway Bridge in Galveston, Texas. (before the short title), insert the following: AMENDMENT NO. 77: At the end of the bill SEC. ll. None of the funds made available (before the short title) insert the following: H.R. 2638 OFFERED BY: MR. HENSARLING in this Act may be used to pay for a parking SEC. l. None of the funds made available ticket. in this Act in title III under the heading AMENDMENT NO. 83: At the end of the bill ‘‘Federal Emergency Management Agency— (before the short title), insert the following: H.R. 2638 emergency performance grants’’ may be used SEC. ll. None of the funds made available OFFERED BY: MR. HENSARLING for supporting bingo games. in this Act may be used for the alteration or AMENDMENT NO. 90: At the end of the bill H.R. 2638 removal of the Burlington Northern Railroad Bridge in Burlington, Iowa. (before the short title), insert the following: OFFERED BY: MR. HENSARLING H.R. 2638 SEC. ll. None of the funds made available AMENDMENT NO. 78: At the end of the bill in this Act may be used to purchase jewelry. OFFERED BY: MR. HENSARLING (before the short title) insert the following: H.R. 2638 AMENDMENT NO. 84: At the end of the bill SEC. l. None of the funds made available (before the short title), insert the following: OFFERED BY: MR. HENSARLING in this Act in title III under the heading SEC. ll. None of the funds made available ‘‘Federal Emergency Management Agency— AMENDMENT NO. 91: At the end of the bill in this Act may be used for the alteration or (before the short title), insert the following: emergency performance grants’’ may be used removal of the Canadian Pacific Railway SEC. ll. None of the funds made available for supporting puppet shows. Bridge in LaCrosse, Wisconsin. in this Act may be used to pay a bail bond. H.R. 2638 H.R. 2638 H.R. 2638 OFFERED BY: MR. HENSARLING OFFERED BY: MR. HENSARLING AMENDMENT NO. 79: At the end of the bill AMENDMENT NO. 85: At the end of the bill OFFERED BY: MR. HENSARLING (before the short title) insert the following: (before the short title), insert the following: AMENDMENT NO. 92: At the end of the bill SEC. l. None of the funds made available SEC. ll. None of the funds made available (before the short title), insert the following: in this Act in title III under the heading in this Act may be used for the alteration or SEC. ll. None of the funds made available ‘‘Federal Emergency Management Agency— removal of the Chelsea Street Bridge in in this Act may be used to send or otherwise emergency performance grants’’ may be used Chelsea, Massachusetts. pay for the attendance of more than 50 Fed- for supporting dance classes. H.R. 2638 eral employees at any single conference oc- H.R. 2638 OFFERED BY: MR. HENSARLING curring outside the United States. OFFERED BY: MR. HENSARLING AMENDMENT NO. 86: At the end of the bill H.R. 2638 (before the short title), insert the following: AMENDMENT NO. 80: At the end of the bill OFFERED BY: MR. HENSARLING (before the short title) insert the following: SEC. ll. None of the funds made available AMENDMENT NO. 93: At the end of the bill SEC. l. None of the funds made available in this Act may be used to pay the salary of in this Act in title III under the heading a Department of Homeland Security Director (before the short title), insert the following: ‘‘Federal Emergency Management Agency— of the Office of Multimedia. SEC. l. Total appropriations made in this emergency performance grants’’ may be used H.R. 2638 Act (other than appropriations required to be made by a provision of law) are hereby re- for supporting art classes. OFFERED BY: MR. HENSARLING duced by $362,540,000. H.R. 2638 AMENDMENT NO. 87: At the end of the bill H.R. 2638 OFFERED BY: MR. HENSARLING (before the short title), insert the following: SEC. ll. None of the funds made available AMENDMENT NO. 81: At the end of the bill OFFERED BY: MS. LOFGREN OF CALIFORNIA in this Act may be used to purchase a Louis (before the short title) insert the following: AMENDMENT NO. 94: Page 31, line 13, insert Vuitton handbag. SEC. l. None of the funds made available after expended ‘‘Provided that, of the funds in this Act in title III under the heading H.R. 2638 made available under this heading, at least ‘‘Federal Emergency Management Agency— OFFERED BY: MR. HENSARLING $3,000,000 is for the establishment of a Na- emergency performance grants’’ may be used AMENDMENT NO. 88: At the end of the bill tional Transportation Security Center of Ex- for supporting theater workshops. (before the short title), insert the following: cellence.’’

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TRIBUTE TO CRAIG HOSPITAL pital has been awarded Magnet Designation— pertise to the expanding daily Action News a national honor—by the American Nurses coverage. In addition to full-time reporting, HON. DIANA DeGETTE Credentialing Center for its excellence in staff Nancy also co-anchors Action News Live at OF COLORADO collaboration and teamwork and for the spirit Five with Warren Armstrong. IN THE HOUSE OF REPRESENTATIVES of inquiry among bed-side nurses as to what Through the 30 years of service and loyalty is best for patient care. Truly we, as residents Thursday, June 7, 2007 to KFSN–TV ABC 30, Nancy Osborne has of the 1st Congressional District, are fortunate demonstrated the highest level of dedication to Ms. DEGETTE. Madam Speaker, I would indeed to have an asset of such magnitude in her community. She has emerged as one of like to recognize the remarkable history and our community. the Valley’s most trusted names in news and invaluable contributions of an extraordinary Please join me in commending Craig Hos- her contributions to the Valley’s broadcast in- hospital in the 1st Congressional District of pital for its 100 years of leadership in health dustry will never be forgotten. It is my sincere Colorado. It is fitting that we recognize this care and its invaluable service to our commu- hope that continued health, prosperity, and outstanding institution for its leadership in nity and our Nation. It is the commitment and success be with Nancy through all her future health care and rehabilitation and for its en- dedication that Craig Hospital and members of endeavors. during service to the people of our community its staff exhibit on a daily basis which contin- and our Nation. It is to commend this distin- ually enhances our lives and builds a better f guished organization that I rise to honor the future for all of our people. Craig Hospital on the occasion of its 100th An- f HONORING THE LIFE OF RANDY niversary, ‘‘Celebrating a Century of Rebuild- PRIDEAUX ing Lives.’’ CELEBRATING THE 30TH ANNIVER- The growing importance of innovation in SARY OF NANCY OSBORNE’S health care to our well being as a society and SERVICE TO KFSN–TV ABC 30 HON. PAUL RYAN our quality of life is well documented. Craig HON. JIM COSTA OF WISCONSIN Hospital is a powerful community of hope and IN THE HOUSE OF REPRESENTATIVES it provides people with new possibilities. Craig OF CALIFORNIA has set the standard for quality patient out- IN THE HOUSE OF REPRESENTATIVES Thursday, June 7, 2007 comes. It is an internationally recognized lead- Thursday, June 7, 2007 Mr. RYAN of Wisconsin. Madam Speaker, I er in health care and has long been recog- Mr. COSTA. Madam Speaker, I rise today to would like to pay tribute to the life of Randy nized as a premier national center of excel- celebrate and honor the distinguished career Prideaux, a civic-minded business leader and lence in the specialties of rehabilitation and re- of Nancy Osborne, on the occasion of her longtime resident of Union Grove, Wisconsin search for patients with spinal cord injuries 30th anniversary of being part of the KFSN– whose energetic commitment to his commu- and acquired brain injuries. TV ABC 30 family in California’s Central Val- nity touched countless lives. Randy died unex- From its founding as the ‘‘Tent Colony of ley. pectedly last week, sending waves of shock Brotherly Love’’ in 1907 to the world class fa- Nancy grew up on Army bases in the United and sorrow through Southeastern Wisconsin, cility we know today, Craig Hospital continues States as well as Japan and Turkey. She where he was well-known through his busi- to be a beacon of hope and remains com- graduated from Las Cruces High School in ness and civic leadership. mitted to the well being of its patients. Reha- New Mexico and attended New Mexico State bilitation is a process very different from tradi- Randy worked his way up the ladder at University for 3 years. In between a 5-year hi- Union Grove Lumber over nearly 40 years to tional medical care. It involves teaching pa- atus from college and motherhood, Nancy re- tients and families to care for themselves. It become CEO of this local lumber and hard- located to Fresno, CA, in 1973. Upon settling ware business. He also served as a member requires setting high expectations and hard in Fresno, she returned to college and grad- work by patients to maximize neurological re- of my Small Business Advisory Board, and I uated from Fresno State University with a am grateful that he took the time to share his covery, restore functional abilities and make bachelors of arts degree in speech commu- the psychological adjustments needed to re- expertise with us. He knew the challenges that nications in 1976. small business owners face day in and day main as independent and productive as pos- A year into graduate school at Fresno State, out, and his insights on issues from health sible. Nancy accepted a reporting job with KFSN–TV care to tax policies were very helpful. If there Since 1956, Craig Hospital has treated more 30, the local ABC affiliate television station in was one thing you could always count on, it than 25,500 patients—more spinal cord injury Fresno, California and became one of only a was that Randy would tell you what he truly patients than any other single facility in the handful of women in the local broadcast indus- thought, whether he agreed or disagreed with world. Last year, Craig treated patients from try. Nancy’s success continued as she joined you. His candor and his dedication to doing 48 states and for the past 18 years, it has the anchor team at KFSN–TV in the fall of what is right for Union Grove will be sorely been ranked among the Top Ten Rehabilita- 1977 and again in 1980 when she produced missed. tion Hospitals by U.S. News and World Re- and anchored the Valley’s first locally pro- port. Its spinal cord and traumatic brain injury duced news magazine show along with co-an- Besides working to strengthen the commu- rehabilitation programs are designated by the choring the Action News Program. nity as an employer and businessman, Randy U.S. National Institute on Disability Rehabilita- Nancy’s promising career with ABC 30 con- gave back in many other ways. Altogether, he tion and Research (NIDRR) as Model Systems tinued throughout the years and in 1996 she served 20 years on the Village Board. He was Centers. Since 2006, Craig is the NIDRR Na- accepted the challenge of joining the Action active in the Union Grove Lions Club and had tional Database and Statistical Center (HDSC) News Management team. While continuing her served two terms as president. He also served for the Traumatic Brain Injury Model Systems. coverage of the Valley’s political scene and two terms as president of the Chamber of Craig Hospital has burnished a reputation of issues involving children and families, she was Commerce. compassion and legacy of care rivaled by very named Executive Producer—Special Projects, In his personal life, Randy was a devoted few. Patients have characterized Craig Hos- a position which allowed her to play a key role family man, who recently became a grand- pital as ‘‘a miracle (that is) here for patient in helping shape Action News around the father. My thoughts and prayers are with his care, not for health care dollars;’’ as ‘‘phe- clock. wife, children, granddaughter, mother, and nomenal at all they do for patients and fami- In January 2004, Nancy returned to report- brother, and the many friends throughout Wis- lies.’’ It comes as no surprise that Craig Hos- ing full time, bringing her experience and ex- consin who mourn his loss.

● 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.

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Madam Speak- started eating a delicious steak dinner. populations can come back, if we take positive er, I rise today to honor Judith Mehal for over Hospitality and generosity were the hallmark actions. 28 years of dedicated service in the public of Nick Mancini’s career and calling. He was All of our oceans need enlightened govern- education system. a restaurateur, a neighborhood anchor, a St. ance and protection, but there are places that Since graduating from the California Univer- Paul legend and a very, very caring man who are so rich, so vitally important to sustaining sity of Pennsylvania with a degree in edu- I will miss and always remember. For me, vis- marine life that we need to immediately take cation, Judith Mehal has continued to make a iting with Nick was always special. This was special measures. positive impact on students in Pennsylvania because being Nick’s guest was to be envel- The northern California coast is one of and Virginia school districts. Ms. Mehal began oped by his warmth, sincerity and kindness. It those places, and that’s why I have introduced teaching in the Penn Hills and South Alle- didn’t matter whether you were a Member of legislation, H.R. 1187, to expand the bound- gheny school districts of Pennsylvania, but Congress, a U.S. Senator, the Mayor of St. aries of the Gulf of the Farallones and Cordell she has spent the vast majority of her vener- Paul, a carpenter, a teacher, or a truck driver, Bank National Marine Sanctuaries to include able career in Fairfax County. After a brief to Nick you were his guest. Everyone was the entire Sonoma and with the support of stint at Cardinal Forest Elementary School, treated special and with respect, and everyone Representative MIKE THOMPSON and the Ms. Mehal found her niche at Lanier Middle left his restaurant a little heavier and happier. Mendocino County board of supervisors, the School where she was able to pursue her pas- Along with remembering Nick, I would like to southern Mendocino coast. sion for teaching mathematics. During her time acknowledge his family and express my con- The current northern boundary of the Gulf of at Lanier Middle School, she earned a mas- dolences to Nick’s wife, Maryann, his sons the Farallones and Cordell Banks National ters degree from Virginia Tech and became a Pat, John and Nick, Jr., and his grandchildren. Marine Sanctuaries is Bodega Head. Yet re- teacher of technology education. In her 22 The work of Nick Mancini will not disappear search shows that the rich marine geological years at the school, she has become an inte- with his passing. Mancini’s Char House will area of the Gulf of the Farallones actually ex- gral part of the Lanier community, and her continue to be a St. Paul landmark and an tends to Point Arena, about 100 miles north of presence will be missed by colleagues and oasis of hospitality. Pat and John Mancini are Bodega Head. students alike. carrying on the tradition of hospitality and The Sonoma and southern Mendocino coast Ms. Mehal’s distinguished career is exem- community leadership that so many of us in has two great estuaries, the Russian and plary of the high standard to which public St. Paul admire and appreciate. For this last- Gualala Rivers. The Russian River watershed school teachers hold themselves. Her willing- ing tradition St. Paul, Minnesota, and our Na- is especially burdened by multiple threats ness and ability to teach a variety of dis- tion has Nick Mancini to thank. caused by human development. My bill pro- ciplines is highly commendable, as is her own f tects these estuaries by banning increased commitment to pursuing higher education WORLD OCEANS DAY polluting discharges into their waters. And, it while continuing to teach in the Fairfax County will ensure that changes in flow or salinity do school system. not harm marine life. Madam Speaker, in closing, I would like to HON. LYNN C. WOOLSEY Marine sanctuary protection will also ensure OF CALIFORNIA extend my best wishes to Ms. Mehal on her that the Bodega Marine Laboratory will be IN THE HOUSE OF REPRESENTATIVES retirement as a technology education teacher able to continue 50-years of studies in these from Lanier Middle School. While I know that Thursday, June 7, 2007 pristine waters—research that will help us she will be greatly missed, her retirement is Ms. WOOLSEY. Madam Speaker, Friday is learn how to live with an ocean that is not so well deserved. I call upon my colleagues to World Oceans Day—a day we celebrate the endless that it cannot be despoiled. join me in honoring Judith Reed Mehal and in vast waters that cover two-thirds of the sur- The people of Sonoma and Mendocino love wishing her the best of luck in all future en- face of our planet. their coast, and because we will bring to it deavors. A small, but biologically important part of the permanent protection, ecosystem manage- f Blue Planet is offshore of my 6th Congres- ment and the vital research that the marine sional District, a stretch that encompasses the sanctuary program provides, we will pass it on HONORING THE LIFE OF MR. NICK entire coastline of Marin and Sonoma Coun- to our children, unspoiled and thriving with life. MANCINI ties. That’s my commitment as we celebrate If you’ve driven the Marin-Sonoma coast World Oceans Day. HON. BETTY McCOLLUM you know how beautiful it is. Most of it is un- f OF MINNESOTA developed or sparsely populated. Its sparkling HONORING MAITHREYI IN THE HOUSE OF REPRESENTATIVES waters, curling waves, pristine beaches, moon rocked cliffs, surging tide pools, and its soar- GOPALAKRISHNAN Thursday, June 7, 2007 ing seabirds and breeching whales inspire and Ms. MCCOLLUM of Minnesota. Madam delight. Thanks to nutrient rich upwelling which HON. MARK UDALL Speaker, it is with great sadness that thou- provides a bounty of phytoplankton at the bot- OF COLORADO sands of St. Paul friends and neighbors, along tom of the food chain, our waters support 33 IN THE HOUSE OF REPRESENTATIVES with me, mourn the passing of Mr. Nick species of marine mammals, including blue Thursday, June 7, 2007 Mancini. At 80 years of age, Nick died on May and humpbacked whales and elephant seals, 29, 2007, and Minnesota lost a very special at the top of the food chain. Mr. UDALL of Colorado. Madam Speaker, I person. That’s not to say that even here there are rise today to honor Maithreyi Gopalakrishnan, Nick Mancini, a man of exceptional kind- not problems. Today the commercial fishing an eighth grader at Peak to Peak Charter ness, generosity and warmth of spirit, was the fleet of Bodega Bay is just a remnant of past School in Superior, Colorado. She recently owner of Mancini’s Char House and Lounge, days. Last year, because of a water allotment made the semifinals at the National Spelling a St. Paul landmark since the 1960s. For that devasted the Klamath River fishery, our Bee in Washington, DC. She has been to sev- those who have never visited Nick Mancini’s commercial salmon fishing season was eral spelling bees and 2 years ago, finished at restaurant, it would be difficult to understand slashed. Meanwhile, native coho and chinook an impressive 37th place. At this year’s Na- the deep sentiment and fondness we in St. salmon and steelhead trout are on the endan- tional Spelling Bee, Ms. Gopalakrishnan beat Paul feel for Nick and his family. For those of gered species list. out opponents by spelling the word salinelle, a us who have frequented Mancini’s, we were These tragic depletions of our fisheries are mud volcano erupting saline mud—solidifying always made to feel at home and Nick, his symptomatic of many things: global over- her chance to win the contest. The winner of

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In 1992, the Denver Gay Two hundred and eighty-six extraordinary the Lake Cities Lions Club and is an active Men’s Chorus welcomed over 3,500 delegates students from across the Nation train vigor- member of Lake Shore Baptist Church in Lake and hosted 65 choruses at the GALA Cho- ously in preparation for this annual event held Dallas. ruses Festival IV held at the Denver Center for at the Grand Hyatt Washington hotel. Students Tom plans to reside in the Lake Cities area the Performing Arts. ‘‘Of Rage and Remem- are expected to be able to spell words such after retirement with his wife Carolyn. brance,’’ by featured composer John as prioplasmosis and my personal favorite, It is with great honor that I recognize Mr. Corigliano, was performed at the festival’s bewusstseinslage, which means a state of Tom Davenport for years of hard work and special AIDS Memorial Concert during the consciousness—something my critics occa- dedication. I am pleased to join his friends, peak of AIDS deaths nationwide. sionally accuse me of losing. family, and colleagues in congratulating him Over the past 25 years, the Denver Gay The skills and values that Ms. on his retirement after years of devoted serv- Men’s Chorus has performed over 130 dif- Gopalakrishnan already displays will help her ice. ferent concert programs featuring over 1,300 with many challenges that she may face in the f compositions, arrangements, commissioned future. Furthermore, her commitment to learn- works, and medleys. It comes as no surprise ing and competitive drive makes her a strong TRIBUTE TO THE DENVER GAY that the chorus was honored with the Denver student who is sure to excel in her academic MEN’S CHORUS Mayor’s A ward for Excellence in the Arts for career. I ask my colleagues to join me in con- 1992. gratulating Maithreyi Gopalakrishnan in all of HON. DIANA DeGETTE As a choir member at Montview Pres- her accomplishments and wish her success as OF COLORADO byterian Church, I have an appreciation of she continues on her quest for knowledge. IN THE HOUSE OF REPRESENTATIVES choral music’s power and its capacity to in- f spire both singers and audiences alike. It has Thursday, June 7, 2007 been noted that ‘‘singing is the bridge between CONGRATULATING MR. TOM Ms. DEGETTE. Madam Speaker. I rise to heaven and earth; between ages and cultures. DAVENPORT commend the exceptional leadership and in- It has the power to move hearts and to touch valuable contributions of the Denver Gay us in ways that truly transcend mundane ex- HON. MICHAEL C. BURGESS Men’s Chorus on the occasion of its 25th An- perience.’’ Today, we celebrate the trans- OF TEXAS niversary. It is fitting that we recognize this forming power of choral music. We celebrate IN THE HOUSE OF REPRESENTATIVES chorus for its extraordinary service and its en- the invaluable contributions of the Denver Gay Thursday, June 7, 2007 during commitment to creative and perform- Men’s Chorus as it continues to promote artis- Mr. BURGESS. Madam Speaker, I rise ance excellence as well as the enrichment of tic excellence, pride and community. Choral today to thank Mr. Tom Davenport of Lake the artistic and cultural experience in the 1st music touches all of us and we are indeed for- Dallas, Texas for his 18 years of service as congressional district and throughout Colo- tunate to have a cultural asset of such mag- Superintendent of Schools for the Lake Dallas rado. nitude. Please join me in commending the Independent School District. Since its inception, the Denver Gay Men’s Denver Gay Men’s Chorus, a distinguished During his tenure, the school district has Chorus has proven to be a powerful force in choral ensemble. It is the leadership and dedi- more than doubled in size and has been in a promoting both artistic excellence and civic cation which members of this chorus exhibit continuous building program since 1995. In his values. Founded in 1982, the chorus was the on a daily basis that continually enhance our 38 years of teaching and school administra- first openly gay organization in Denver. The lives and build a better future for all of our tion, his focus has always been on providing group is a talented choral ensemble dedicated people. top-quality education for his students. to musical excellence and it has been a bea- f con of strength and support for the gay and In addition to his passion for education, Tom HONORING THE LIFE OF UNITED has deeply impressed me by his forward think- lesbian community. Touching ears and hearts alike, the Denver Gay Men’s Chorus, with its STATES ARMY STAFF SERGEANT ing in other areas. A few years ago, Tom CHRISTOPHER M. MOORE made the decision to install geothermal heat- unique ability to convey acceptance and pride, ing and cooling in Lake Dallas ISD schools. continue to be in high demand with diverse He recognized that, despite higher up-front audiences. Truly, the chorus has established HON. JIM COSTA OF CALIFORNIA capital costs, the District would save money itself as a major cultural presence that has IN THE HOUSE OF REPRESENTATIVES over time, as well as help clean the environ- served to expand the appreciation of choral ment by using a renewable source. music and its enduring value as a means of Thursday, June 7, 2007 Tom is very active in various professional poignant artistic expression. Mr. COSTA. Madam Speaker, I rise today to organizations on both the state and national The Denver Gay Men’s Chorus has openly honor and pay tribute to the life of SSG Chris- level. He is a member of the National Associa- declared that it exists to build community topher M. Moore, who lost his life defending tion of Federally Impacted Schools, having through music. Members have joined together our Nation in support of Operation Iraqi Free- served as President of the Federal Properties for the explicit purpose of providing edu- dom. Section for two years. On the state level, he cational, cultural and social enrichment for Christopher M. Moore attended Alpaugh has served as treasurer for the Texas Asso- themselves and their audiences. It is an orga- High School in Alpaugh, CA. He excelled in ciation of Federally Impacted Schools since nization of gay people and their friends that is academics and graduated early. After Chris- 1999. He is also a member of the Texas As- actively engaged in making a positive con- topher graduated from high school he joined sociation of School Administrators and has tribution to the entire community. the United States Army. He was so proud to served as a mentor superintendent for four The Denver Gay Men’s Chorus has serve in the military; he enlisted for a second newly hired superintendents across the state. amassed a distinguished record of service to term. Christopher Moore was the first Alpaugh In the past he has served as Commissioner our State and our Nation. It has participated in High School graduate to die in combat. of Education Advisory Committee and served the Gay and Lesbian Association of Choruses While serving with the 1st Battalion 5th Cav- as Chair of the Education Service Center, Re- festivals in six cities—Denver, Montreal, New alry Regiment, 1st Cavalry Division based at gion XI TASA Study Group. He is a Senatorial York, San Jose, Seattle, and Tampa—rep- Fort Hood, Texas, Christopher performed all of District Representative for the Texas Associa- resenting Denver and Colorado as cultural his active duties with great satisfaction. Trag- tion of Mid-Size Schools. Other professional ambassadors to the world. It has participated ically, on Armed Forces Day, Saturday, May organizations to which he belongs include, Phi in exchange concerts with gay men’s choruses 19, 2007, the vehicle in which Christopher Delta Kappa, Association of Supervision and in Boston, Chicago, Minneapolis, Portland, traveled was hit by an improvised explosive Curriculum Development, Texas Association of Philadelphia and Washington, DC. device. Christopher and five other soldiers Community Schools, and the Equity Center. In 1990, Rich Geraghty of Denver was ap- were killed in the incident. Locally he is a member of the Lake Cities pointed administrative director of the Gay and Christopher is survived by his mother, Mar- Chamber of Commerce and served as vice- Lesbian Association of Choruses Board of Di- tha Moore, two sisters, and one brother. Also

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His valor, strength, courage and de- teaching for six years on the high school level more wounded from the battlefield than any- termination to fight for our Nation will forever and two years for an education program at one in American history, over 5,000. live in the minds and hearts of his family and CitiBank. Mrs. Siegel’s calling as a teacher Major General Brady’s gallantry and her- Americans across the country. SSG Chris- didn’t leave her because of a geographic loca- oism has been well documented and he is the topher M. Moore’s dedication to the principles tion. As the spouse of an Army officer, she recipient of the Distinguished Service Cross, of freedom and democracy will serve as an found herself in Germany and confronted with our Nations second highest award; two Distin- example to all of us and for generations to a base that lacked a teacher for the military guished Service Medals; the Defense Superior come. school there. She gladly stepped up and filled Service Medal; the Legion of Merit; six Distin- f that need. Upon her return to the U.S., Mrs. guished Flying Crosses; two Bronze Stars, HONORING THE LIFE OF TOM Siegel worked for six years at the Washington one for valor; the Purple Heart; 53 Air Medals, KOSSORIS Business School of Northern Virginia. She one for valor; and the Medal of Honor, the joined Fairfax County Public Schools in 1989, military’s highest decoration. While Major Gen- piloting the Technology Tools class for Lanier eral Patrick Brady had a distinguished and HON. PAUL RYAN Middle School in Fairfax, Virginia. Mrs. Siegel honorable military career, I speak today not OF WISCONSIN has been a dedicated educator at Lanier for only to honor those achievements and his 34- IN THE HOUSE OF REPRESENTATIVES the past 21 years. year military career, but to recognize his serv- Thursday, June 7, 2007 Teaching students for over three decades ice to our country while not wearing the uni- Mr. RYAN of Wisconsin. Madam Speaker, and on two continents, she has demonstrated form. Southeastern Wisconsin lost a truly dedicated her unequivocal passion for education. Over Soon Major General Brady will step down teacher last week—Tom Kossoris, who taught her career, Mrs. Siegel found opportunities to as the Chairman of the Board of Directors of at Mukwonago High School over the past actively serve in different educational systems the Citizens Flag Alliance, after more than a three decades. He passed away after a in Virginia, New York and Europe. A proud decade of phenomenal service. Major General lengthy battle with illness brought on by a mother and grandmother, Mrs. Siegel will con- Brady’s outstanding ability enabled him to or- brain tumor. I would like to take a moment to tinue her service to young people during her ganize and motivate nearly 150 organizations honor his memory and reflect on the lessons retirement. She has fondly exclaimed, ‘‘my whose sole focus is on passing a Constitu- he passed along to his students and others role as an educator will remain, only my title tional amendment that would return to the who knew him. will officially shift from Mrs. Siegel to grand- American people the right to protect their flag. Tom taught history, political science and ec- ma.’’ He has testified before Congress and worked onomics. He demanded a lot from his stu- Madam Speaker, in closing, I would like to closely with many Members of Congress to dents—setting high standards that challenged take the opportunity to recognize Mrs. Cynthia gain support for an amendment that would them to excel. In an account that appeared in Siegel for her enduring service as a teacher in ban the desecration of the American flag. I the Milwaukee Journal Sentinel, his fellow Fairfax County and abroad. I call upon my col- commend the Major General for his work and teacher, Bruce Lammers put it well, saying: leagues to join me in applauding Cynthia am confident he departs knowing the mission ‘‘Tom taught me to have students meet your Siegel for her efforts and wishing her many of the Alliance will continue due in no small expectations. Challenge the kids academically, happy years in retirement. part to his involvement and diligence. and the kids rise to your standards.’’ Tom f I extend my best wishes to Major General combined this toughness with a dry sense of Brady as he turns his attention toward his humor and an unfailing commitment to his stu- PERSONAL EXPLANATION family. America will be forever indebted to him dents’ education. for his altruistic service to this great Nation. Every year, Tom brought students to Wash- HON. LYNN C. WOOLSEY f ington to enhance and expand on what they OF CALIFORNIA had learned—showing them their government TRIBUTE TO MOHAMMED H. IN THE HOUSE OF REPRESENTATIVES in action, as well as the site of so many water- QAYOUMI, PH.D., FOURTH PRESI- sheds and debates over the course of our na- Thursday, June 7, 2007 DENT OF CALIFORNIA STATE tion’s history. I could count on hearing from Ms. WOOLSEY. Madam Speaker, on June UNIVERSITY, EAST BAY Tom, who would ask for assistance with get- 5th, I was unavoidably detained and was un- ting tours of the Capitol or other opportunities able to vote on rollcalls Nos. 426–430. HON. FORTNEY PETE STARK to make his students’ trip memorable. He held Had I been present, I would have voted in OF CALIFORNIA himself to the same high standards he ex- the following: IN THE HOUSE OF REPRESENTATIVES pected of others—working tirelessly to make Rollcall No. 426, H. Res. 327—‘‘aye.’’ Thursday, June 7, 2007 sure students got the most out of their experi- Rollcall No. 427, H. Res. 422—‘‘aye.’’ ence in Washington. Rollcall No. 428, H. Res. 430—‘‘aye.’’ Mr. STARK. Madam Speaker, I rise to pay Over the years he retained a love of teach- Rollcall No. 429, H. Res. 451—‘‘aye.’’ tribute to Mohammed H. Qayoumi, Ph.D., who ing, as well as an intellectual energy and en- Rollcall No. 430, H. Res. 452—‘‘aye.’’ assumed the presidency of Cal State Univer- thusiasm that he passed on to others. On top f sity, East Bay on July 1, 2006. Dr. Qayoumi of his other teaching duties, Tom became a is the fourth president of the university and his driver’s education instructor, giving lessons TRIBUTE TO MAJOR GENERAL formal investiture will take place at the Hay- before school on weekdays and on Saturdays. PATRICK HENRY BRADY ward, CA, campus of Cal State University, His sharp mind, his wit, and his determination East Bay on June 1, 2007. to bring out the best in students will be greatly HON. JOHN P. MURTHA Prior to his employment at Cal State Univer- missed by the whole community. OF PENNSYLVANIA sity, East Bay, President Qayoumi served as f IN THE HOUSE OF REPRESENTATIVES vice president for administration and finance HONORING CYNTHIA SIEGEL and chief financial officer at California State Thursday, June 7, 2007 University, Northridge. He was also a tenured Mr. MURTHA. Madam Speaker, I would like professor of engineering management at the HON. TOM DAVIS to take this opportunity to congratulate Major university. OF VIRGINIA General Patrick H. Brady for his relentless and President Qayoumi has also served as vice IN THE HOUSE OF REPRESENTATIVES selfless service to this country. Major General chancellor for administrative services and as Thursday, June 7, 2007 Brady should be remembered for his heroic adjunct professor at the University of Missouri- Mr. TOM DAVIS of Virginia. Madam Speak- display while serving in the Republic of Viet- Rolla and was associate vice president for ad- er, I rise today to honor Mrs. Cynthia Siegel nam, where he went above and beyond his ministration and an adjunct professor at Sari

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His and computer engineering, a well as an TRIBUTE TO DENNIS CASSIDY shoes will be tough to fill as he raised the po- M.B.A. in finance and a Ph.D. in electrical en- lice department’s level of excellence and out- gineering from the University of Cincinnati. HON. KEVIN McCARTHY standing conduct, and has forged a relation- When President Qayoumi came to the OF CALIFORNIA ship of trust with the community his officers United States in 1978, he was first employed IN THE HOUSE OF REPRESENTATIVES serve and protect. I know Chief Cassidy looks as staff engineer at the University of Cin- Thursday, June 7, 2007 forward to his retirement and spending time cinnati, where he also held positions as direc- with friends and family. I commend his service tor of technical services, director of utilities Mr. MCCARTHY of California. Madam to the city of Paso Robles and wish him the and engineering services and adjunct pro- Speaker, I rise today to honor a community best as he enters into the next stage of his fessor. Prior to 1978, President Qayoumi was leader, my friend, Dennis Cassidy, on his re- life. employed as a communications engineer in tirement after over 30 years of serving the f Riyadh, Saudi Arabia and as a project elec- people of Paso Robles, CA, most currently as trical engineer in Abu Dhabi, United Arab chief of police. HONORING THE LIFE OF UNITED Emirates. Chief Cassidy began his law enforcement STATES ARMY CORPORAL VIC- President Qayoumi has published eight career with the Paso Robles Police Depart- TOR TOLEDO PULIDO books, more than 85 articles and several ment in 1974. In 1985, Cassidy was promoted chapters in various books. He has made pres- to patrol sergeant and in 1988, he became HON. JIM COSTA entations at numerous conferences across the Detective Bureau commander. In 1990, he OF CALIFORNIA was promoted to Lieutenant, and was respon- United States and in 10 other countries on IN THE HOUSE OF REPRESENTATIVES various topics in his areas of academic exper- sible for seeking grants to further the depart- Thursday, June 7, 2007 tise. ment’s Community Outreach Program through He has served his native country of Afghani- the early 1990s. His success led to the estab- Mr. COSTA. Madam Speaker, I rise today to stan in various financial capacities, including lishment of a satellite police office, in coopera- honor and pay tribute to the life of CPL Victor minister of finance, and remains on several tion with the Housing Authority, where two offi- H. Toledo Pulido, who lost his life defending boards of directors, including the Central Bank cers were assigned to work full-time. The re- our Nation in support of Operation Iraqi Free- of Afghanistan. sults were remarkable. Criminal activity dom. I am confident President Qayoumi will pro- dropped, community and police relationships After attending high school in California’s vide exemplary leadership to Cal State Univer- strengthened, and a safer Paso Robles gave Central Valley, Victor joined the Army Re- sity and I join in wishing him every success. families increased peace of mind. In 1997, serves in 2005. A year later, he signed up for f Cassidy was named chief of police, a position active duty and was stationed at Fort Benning, he has held since, until his retirement. GA. Victor was proud to serve in the military. IN MEMORY OF WAYNE STEVENS During his tenure as chief, Cassidy was in- While serving with the 1st Calvary Regiment strumental in planning the new Public Safety based out of Fort Benning, Victor wore his HON. DUNCAN HUNTER Center in Paso Robles. This center was put to green camouflage uniform with pride. Unfortu- OF CALIFORNIA the test after the San Simeon earthquake in nately, on Wednesday, May 23, 2007, the ve- IN THE HOUSE OF REPRESENTATIVES December 2003. This earthquake caused hicle in which Victor traveled was hit with an massive damage to Paso Robles and took the improvised explosive device. Victor and an- Thursday, June 7, 2007 lives of two Paso Robles residents. The center other solider were killed in the incident. Mr. HUNTER. Madam Speaker, I rise today immediately served as a staging area as CPL Victor Toledo Pulido is survived by his in honor and memory of Mr. Wayne Stevens, Cassidy and other members of the Paso mother, Maria Gaspar of Kettleman City, his a proud member of the San Diego community Robles Emergency Services coordinated initial wife, Cristi Toledo, and brothers, Yosio and and a fellow paratrooper who recently passed rescue and recovery efforts. Later, the building Gaston Toledo Pulido. Also surviving is his away at the age 64 from the effects of cancer. was used by many different agencies brought son, Isak and numerous friends. Wayne’s distinguished record of military in to assist with recovery. It is my belief that Victor’s life symbolizes service to this Nation is one of the finest ex- Chief Cassidy has been in the forefront of the ultimate sacrifice one can make for his amples of selflessness and courage. He exploring new technologies, which has re- country. His valor, strength, courage and pride served in Vietnam with Charlie Company, 2nd sulted in the Paso Robles Police Department in our Nation will forever live in the thoughts Battalion of the 503rd Infantry, 173rd Airborne being equipped with innovative technology to and hearts of his family and Americans across Brigade, and was among the first soldiers to help combat crime and ensure the safety of the Nation. CPL Victor H. Toledo Pulido’s arrive in country from Okinawa in 1964. For the community and residents. Specifically, dedication to the principles of freedom and de- his heroism in Vietnam, Wayne was awarded Chief Cassidy was responsible for the Depart- mocracy will serve as an example to all of us two Bronze Stars, a Purple Heart and the Re- ment obtaining its Computer Aided Dis- and for generations to come. public of Vietnam Cross of Gallantry. patching and Records Management Systems, f Madam Speaker, Ronald Reagan once said, as well as Livescan fingerprinting and digital ‘‘the willingness of our citizens to give freely in-car video with wireless station-server HONORING EDWARD A. NIZIOLEK and unselfishly of themselves, even their lives, download capability. in defense of our democratic principles, gives Serving his community is not something HON. TOM DAVIS this great nation continued strength and vital- Chief Cassidy only does on-duty; he is very in- OF VIRGINIA ity. From Valley Forge to Vietnam, through volved while he is off-duty. Chief Cassidy is a IN THE HOUSE OF REPRESENTATIVES war and peace, valiant Americans have an- past commissioner of the Children and Fami- swered the call to duty with honor and dig- lies Commission of San Luis Obispo County, Thursday, June 7, 2007 nity.’’ In making these remarks, President the local agency administering State tax rev- Mr. TOM DAVIS of Virginia. Madam Speak- Reagan was speaking directly to Americans enue to fund education, childcare, health and er, I rise today to honor Mr. Edward Niziolek like Wayne, who have so bravely and self- other programs for expectant parents and tod- for a remarkable 41 years of faithful service to lessly put their country before themselves and dlers. He also served as president of the the students of Fairfax, VA. were always willing to make the ultimate sac- North County Women’s Resource Center, Mr. Niziolek began his career as an educa- rifice when they were needed most. which assists women and families against do- tor in 1964 after graduating from the California My prayers are with Wayne’s devoted wife mestic violence and abuse. Finally, he is ac- State Teachers College with a major in mathe- of 42 years, Donna, his daughter Jessica and tive as a Paul Harris Fellow in the local Ro- matics. Mr. Niziolek joined Fairfax County

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A watershed-wide approach could God’s people in everyday ways . . . everyday: of its students. He sponsored the Lanier Math meet the test of all three.’’ through athletics, through music, through Team, which frequently finished as one of the A San Anselmo resident for 35 years, Hal just doing his job . . . all of his jobs . . . top performing teams in the area, including a coached various youth sports while raising his whatever hat he was called to wear he served 2nd Place finish in Mr. Niziolek’s final school two sons, Mike and Chris. with all his heart and mind. Hello brother year. Mr. Niziolek has demonstrated his dedi- Madam Speaker, I have appreciated work- . . . T.A. Stallworth . . . hearty, honest, cation to education year round, teaching an ing with Supervisor Brown on the many issues positive . . . direct! T.A. Stallworth . . . astonishing 36 summer school sessions. pleased to meet you. There wasn’t a preten- faced by the Marin community, and I look for- tious bone in his body. What you saw, what Mr. Niziolek dutifully served for over four ward to continuing our partnership. you heard, what you learned over time all decades and demonstrated a passion for serv- Congratulations, Hal, on your 25 years of lined up. T.A. Stallworth. Clear in what he ice in a school system with students from a dedicated service. believed . . . courageous in taking a stance wide array of backgrounds. Throughout his ca- f on principle . . . available to serve. Thomas reer, he has demonstrated an interest in his Aurelius Stallworth. I believe he liked students, a desire to help them succeed, and DEATH OF THOMAS A. Aurelius . . . in fact it is the only time I saw the ability to achieve outstanding results. All STALLWORTH a twinge of hubris in the eyes of this saint. students, faculty and parents who have been Thomas Aurelius Stallworth, God’s humble and persistent servant. PC’s man for all sea- in one of his classrooms have expressed an HON. JOHN M. SPRATT, JR. sons. appreciation for his dedicated service to our OF SOUTH CAROLINA There are so many wonderful stories about Nation’s youth. IN THE HOUSE OF REPRESENTATIVES this man and his ministry. They have come Madam Speaker, in closing, I would like to Thursday, June 7, 2007 flooding in from folks near and far, always take the opportunity to recognize Mr. Edward laced with humor. Niziolek for his tireless service and contribu- Mr. SPRATT. Madam Speaker, for years, Athletics! Tom loved sports and found in tions as a mathematics teacher for Fairfax Thomas A. Stallworth was a pillar of Pres- them a way to connect with God’s people. County Public Schools. His legacy of success byterian College in Clinton, SC, serving as He was on the way to lunch on campus and is found in each student who has traveled into chaplain, professor of religion, soccer coach, Cally Gault was on the way back. Cally dean of students, dean of alumni affairs, and leaned out of his car window and asked, his classrooms, taken his tests, and who have ‘‘How would you like to be our soccer moved on to become productive members of after retirement, as interim director of church relations. He died suddenly on May 14, 2007. coach?’’ Tom said ‘‘I believe they have 11 the community. I call upon my colleagues to men on a team, depending on how you count join me in applauding Edward A. Niziolek for I offer for the record the following tribute from the goalie.’’ Cally said, ‘‘You’re our man!!’’ his service and wishing him the best in a well John V. Griffith, president of Presbyterian Col- He was always an athlete . . . in college deserved retirement. lege: and as an adult. The last real team he played on was the faculty Intramural volleyball f TOM STALLWORTH: OUR MAN FOR ALL SEASONS team named the ‘‘Good Old Boys.’’ They TRIBUTE TO HAL BROWN God’s saints come in interesting sizes and were very serious about their volleyball and shapes. They are agents of God’s grace in the Tom is remembered by teammates Ramsey, most unexpected of ways. So it is with Tom Stidham, Weaver, Womble, Gaines, HON. LYNN C. WOOLSEY Rischbieter, Hill, Burnside and others as a OF CALIFORNIA Stallworth. In the fall of 1951, Tom Stallworth was a great ‘‘set man’’ on the court and in life. IN THE HOUSE OF REPRESENTATIVES freshman at PC from the south side of At- When asked his most interesting experience Thursday, June 7, 2007 lanta. As an undergraduate he joined and he said ‘‘playing on a championship loved the PC choir under the direction of volleyball team with an average age of 43 Ms. WOOLSEY. Madam Speaker, it is with that continually beats teams with an aver- great pleasure that I join you here today to Eduard Patte, was involved in student gov- ernment, led the Student Christian Associa- age age of 19 is interesting enough!’’ honor our colleague, Hal Brown, on his 25 tion, enjoyed athletics, belonged to Pi Kappa Music! Music is another way Tom praised years of service to Marin County. Since 1983 Alpha fraternity, was the leader of The Scot- God and celebrated life. The PC Choir served when he was first appointed to the Board of tish Highlander Battalion of ROTC, and was as his primary social group as an under- Supervisors to represent the Second District, enjoyed by his classmates for his sense of graduate. He became a star of stage in 1981 Hal has demonstrated a caring, thoughtful, humor, love of life, and humble faith. when Dr. Charles Gaines and Dr. Dale Raines and committed approach to addressing the After graduating from Columbia Theo- recruited him to play the part of Bellamy in logical Seminary and a short stint at the the Fantasticks. He and Randy Randall have issues facing the residents of Marin. sung ‘‘Never say No’’ for many audiences Hal’s priorities have been clear from the First Presbyterian Church of Rome, Georgia, Dr. Marshall Brown asked Tom to come to since then. It occurred to me that ‘‘Never start. He focuses on families, education, envi- the College to teach for two years. Pete Hay Say No’’ became the mantra of Tom’s life. ronment, responsible government and eco- was on leave. Tom retired 36 years later, al- Never say no to what God calls you to do. To nomic vitality. His own vitality and dedication though the way I look at it, Tom worked at my knowledge, he never said no to PC. have led him to serve on more than 25 boards or for PC for a total of 56 years. He has been Tom and Chuck Gaines lead the singing at and organizations, from the Marin Conserva- PC’s man for all seasons. men’s prayer breakfast belting out the old tion League to the Rape Crisis Center, from In the 1973 yearbook, one of three dedi- favorites in a manner that upstages Gilbert the county Flood Control and Water District to cated to Tom, he wrote prophetic words, and Sullivan. Tom sang in an infamous singing group the Disabled Students Advisory Board. which I have come to see as autobiographical . . . ‘‘There is an ingredient in and of this called ‘‘The Faculty Four and the Big One’’ This work has resulted in a long list of nota- community which few miss. It’s not obvious. with George Ramsey, Ron Burnside, Ted ble accomplishments—for example, preserving Many take some time to see it. You may not Hunter, and Ken Orr (the big one). One of more than 1,500 acres of open space, pro- even want to look for awhile. They do not their most forgettable songs was Grandma moting free bus rides for students, and author- leave the way they came. Look them up got Run over by a Reindeer, with Dean ing Marin’s Family Medical Leave law. three, five, ten years from now. Won’t we all Thompson playing the banjo. One person said After the New Year’s Eve flood of 2005, Hal be surprised? They will have a plus; it will that the group was really good . . . and no moved to make his district safer by estab- show!’’ one has ever said otherwise . . lishing the first regional flood warning system Tom’s plus showed. In him we saw much of Just doing his Job! It is here at PC as a minister of Word and Sacrament that Tom in the Ross Valley. For long-range safety, he what the College seeks to nurture in the hearts and minds of those who pass our way: served God’s people most fully. The entire has spearheaded efforts for towns and organi- a man for God, a man for God’s people, and PC network was his congregation. zations to work with the county, State and a man for PC. Tom and Major General Jimmy Allen Federal governments to implement a com- Jack Edmunds, his senior year roommate started the ROTC Alumni Association. But prehensive flood control plan. remarked on Tom’s call to ministry: ‘‘It was Tom always liked to remind Jimmy that

VerDate Mar 15 2010 10:27 May 28, 2010 Jkt 059102 PO 00000 Frm 00006 Fmt 0689 Sfmt 0634 E:\BR07\E11JN7.000 E11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15344 EXTENSIONS OF REMARKS, Vol. 153, Pt. 11 June 11, 2007 even though Jimmy was a two star general, HONORING SPEAKER NANCY That is why I rise today to introduce the Tom was his Battalion Commander at PC. PELOSI ON SERVING 20 YEARS IN Healthier Lifestyles and Prevention America And together they set out to save ROTC THE HOUSE Act, also known as the HeLP America Act. when it was in danger of being closed by the This important bill, which is companion legisla- Army. HON. STENY H. HOYER tion to a bill recently introduced by Senator Anyone who ever traveled with Tom knows OF MARYLAND HARKIN, is designed to reduce health care that he did not like to travel on the Inter- IN THE HOUSE OF REPRESENTATIVES costs and improve health outcomes by reori- states or any four lane highway. He knew the enting our nation’s health care system towards back roads and always took them even if it Thursday, June 7, 2007 prevention, wellness, and self care. took longer . . . although he always thought his way was quicker. One morning he inter- Mr. HOYER. Madam Speaker, on June 9, The HeLP America Act is a comprehensive vened in my travel up Interstate 26 from Ed- 1987, NANCY PELOSI was sworn in to rep- approach to prevention and health promotion. isto. Due to a traffic jam, I had to take the resent the people of California’s 8th District. It provides tools and incentives for schools to Dixiana exit and enjoy the scenery along This week we recognize and commend her for improve their nutrition programs. It provides route 176. It was shorter! 20 years of distinguished service in the House tax incentives for employers to implement ‘‘The two years I spent as Dean of Students of Representatives, where she has served wellness programs. It provides grants for com- were the ten longest years of my life,’’ Tom both her constituents and this Nation proudly. munities to implement activities to prevent and told me once. ‘‘I didn’t get closer to stu- During her 20 years in the House, NANCY reduce the incidence of obesity, and chronic dents; I got closer to meetings and paper- has been a true leader on important issues, diseases associated with this condition. It es- work. I had to go back into the classroom to including promoting human rights, protecting tablishes a federal taskforce on childhood obe- get back with the students.’’ the environment, and expanding health care. sity to provide a coordinated leadership in ‘‘I never considered myself an ivory tower She has remained focused on the needs of Federal effort to prevent and reduce childhood scholar,’’ he reflected on his 31 years as a her district, including preserving the Presidio obesity. professor. ‘‘My method was to mix it up with of San Francisco as the Nation’s largest urban These are just a few of the many provisions students. I could give them their money’s national park, fighting for increased funding for included in the HeLP America Act, all aimed worth in the classroom, but I think my main HIV/AIDS research, and improving the lives of squarely at attacking the problem of sky- ability was communicating the information children. rocketing health care costs associated with the to them in a manner that sunk in, and I en- In the 110th Congress, NANCY has ushered increasing rates of obesity, diabetes, and joyed the give-and-take inside the classroom in a new era as the first woman Speaker of other chronic illnesses. as well as out.’’ the House, setting an agenda that promotes With a greater focus on prevention, we will Tom has conducted the marriage cere- the priorities of the American people and ad- be able to greatly reduce the number of indi- monies of more PC people than anyone in the dresses the key challenges present in today’s viduals who suffer from all types of ailments. history of the College. He knew more PC peo- world. Her drive and determination make her It will improve health outcomes, improve peo- ple and their relatives than anyone I know a strong leader and legislator, and she has ple’s lives, and help cut down on our explod- . . . in every city and every little town across the South. worked tirelessly to represent her constituents ing healthcare expenditures. and to move our Nation in a new, positive di- Madam Speaker, as is noted in the findings And through all of this, Mary was his part- rection. of this bill, per capita health spending in the ner. ‘‘One of my most memorable times at NANCY has been a devoted public servant, United States is 56 percent greater than the PC,’’ wrote a 1990s graduate, ‘‘was the Easter weekend I spent writing a term paper at both in California and in the House. She is a median for countries in the Organization for their kitchen table. That was one of the best devoted wife, mother, and grandmother. It is Economic Cooperation and Development. This weekends of my life because of the comfort I an honor to serve with her in the House, and is unacceptable. We need to get more bang felt from Mary and Tom. I am proud to call her my friend. for our healthcare buck and we need to look Every Homecoming cars are parked outside f no further than focusing on prevention. As the their house . . . people stopping by to visit saying goes, an ounce of prevention is worth INTRODUCTION OF THE HeLP a pound of cure. and reconnect. ‘‘I think the PC Spirit is an AMERICA ACT infection I have,’’ said Tom, ‘‘whether it is I urge my colleagues to join me in seeking contagious or not I don’t know. I’m 150 per- a new and more effective approach to curing cent for PC and have tried to answer the call HON. TOM UDALL our nation’s ills by cosponsoring the HeLP Act. of whatever the College has wanted me to OF NEW MEXICO f do.’’ IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION The Class of 1963 dedicated their yearbook Thursday, June 7, 2007 to Tom. Bob Piephoff, the editor, summed up the class’s feelings about this good man: ‘‘We Mr. UDALL of New Mexico. Madam Speak- HON. CHRISTOPHER S. MURPHY come to Presbyterian College and we leave er, adaptable lifestyle factors such as smok- OF CONNECTICUT . . . We leave taking a part of Tommy ing, sedentary lifestyle, poor nutrition, IN THE HOUSE OF REPRESENTATIVES Stallworth with us.’’ unmanaged stress, and obesity account for Anne told me this morning that Tom took approximately half of premature deaths in the Thursday, June 7, 2007 Andy and her aside several years ago to talk United States. Spending on chronic diseases Mr. MURPHY of Connecticut. Madam about this day and his wishes. Tom will be related to lifestyle and other preventable dis- Speaker, on May 24, 2007, I inadvertently cremated and has asked on some weekday eases accounts for an estimated 75 percent of missed the vote on passage of H.R. 2317, the evening at 10:00 p.m. that they, his children, total healthcare spending and it is estimated Lobbying Transparency Act, rollcall vote 420. sprinkle his ashes along the walk he took that by 2014 our country’s total health care ex- every evening of his college career from the It was my strong intention to vote ‘‘Aye’’ on penditures will be $3.6 trillion. old library, now the administration building, passage. diagonally across the West Plaza to Smythe Clearly we cannot continue down this path. f where he lived. We must shift the focus of our nation’s health care system to prevention and wellness pro- A TRIBUTE TO THE REVEREND And so it shall be . . . Mary, Anne, Andy, grams. In so doing, we can reduce health care EDMUND M. O’BRIEN Becky Mary Frances, Cooper, Max and Katie Brice . . . that Thomas Aurelius Stallworth costs, improve health, improve quality of life, leaves a part of himself with all those he and boost productivity. Unfortunately, a very HON. JOE COURTNEY touched. small percentage of health care spending is OF CONNECTICUT Man of God’s people, Man for God’s people, devoted to health promotion. The national in- IN THE HOUSE OF REPRESENTATIVES vestment in prevention is currently estimated Man for PC. T.A. Stallworth: PC’s Man for Thursday, June 7, 2007 All Seasons. Thank God for the life and to be less than 5 percent of annual health works of this saint, who walked, played, care costs. Our nation needs a new approach Mr. COURTNEY. Madam Speaker, I rise laughed, sang, preached, and stood next to us to healthcare—-one that puts prevention front today to recognize the Reverend Edmund M. each day. Amen! and center. O’Brien, a resident of Connecticut’s Second

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These ther O’Brien has faithfully tended to the people greater understanding of Judaism. new programs represent the university’s un- of Connecticut as a pastor, teacher, principal, Committed participants not only in temple derstanding of the needs of the community and friend. life but in the larger world as well, the mem- outside of it, and help distinguish the City of Father O’Brien was ordained on February 2, bers of Temple Beth David have recently Rochester as a center for innovation and en- 1957, after completing his education at the St. joined the interfaith chorus calling for U.S. trepreneurship. John Seminary in Boston. Over the past 50 Government intervention in Darfur. Along with Dr. Simone led RIT’s largest capital cam- years, he has served as a dedicated pastor Rabbi Lachtman, the 195 families of the tem- paign, raising $310 million which enabled the and educator to many Connecticut congrega- ple, mindful of their own community’s history, university to add over 210 new scholarships, tions. Currently, he is pastor of St. Adalbert are activists for the civilians in Darfur. name three colleges, add seven new endowed parish in Enfield and director of the parish It is my privilege to honor Temple Beth professorships, build nine new campus facili- school. David on its anniversary of 60 years of active ties, add $90 million in new applied research He once said of his profession, ‘‘a teacher community and fulfillment in Judaism. I ask all initiatives, and add $34 million to the RIT en- affects eternity.’’ As a counselor and consum- members to join me in wishing the Temple dowment. This capital campaign enhanced mate supporter of his students, Father O’Brien Beth David and its congregants continued suc- RIT’s reputation, made college education more embodies the compassionate, nurturing, and cess. accessible for more students, and gave stu- dedicated values characteristic of our Nation’s f dents and faculty better resources to pursue greatest educators. their academic endeavors. A die hard fan of the celebrated Boston Red IN HONOR OF THE CAREER AND Thanks to Dr. Simone and the programs he Sox, Father O’Brien is well-known for deliv- ACHIEVEMENTS OF DR. ALBERT has cultivated at RIT, the university has be- ering score updates to his parishioners when J. SIMONE come a strong partner in regional economic a game has been inconveniently scheduled development efforts. His endeavors have con- during a mass celebration. HON. LOUISE McINTOSH SLAUGHTER sistently reflected his belief that the ‘‘ ‘R’ in RIT I am honored to pay tribute to the Reverend OF NEW YORK means something.’’ Aside from creating aca- Edmund M. O’Brien. Father O’Brien’s dedica- IN THE HOUSE OF REPRESENTATIVES demic programs at the university to address tion to his faith, his community, and the chil- Thursday, June 7, 2007 the business needs of Rochester and the sur- dren under his care has been, and continues rounding region, Dr. Simone served as chair- to be, an inspiration to myself and the resi- Ms. SLAUGHTER. Madam Speaker, I rise man of the board of the Greater Rochester dents of eastern Connecticut. today to celebrate the achievements of a dis- Metropolitan Chamber of Commerce, and cur- f tinguished academic who I am privileged to rently serves on the boards of the Rochester call my friend, Dr. Albert J. Simone. Dr. Business Alliance, the Center for Government A TRIBUTE TO TEMPLE BETH Simone has served as the President of Roch- Research, and the Finger Lakes Partnership DAVID ester Institute of Technology since September for the WIRED initiative. His involvement in 1, 1992, and during that time I have had the these and countless other community organi- HON. ADAM B. SCHIFF pleasure of working with him as he advanced zations has benefited not only the organiza- OF CALIFORNIA the university’s reputation as a leading career- tions themselves, but also the university and IN THE HOUSE OF REPRESENTATIVES oriented institution. He is retiring his post this its students by establishing important net- year, and his vision and leadership will be Thursday, June 7, 2007 working opportunities and using the knowl- sorely missed. edge from those relationships to inform the di- Mr. SCHIFF. Madam Speaker, I rise today Before taking the helm at RIT, Dr. Simone rection of the university. to honor Temple Beth David, which will be served as president of the University of Hawaii Dr. Simone has been recognized by several celebrating its 60th anniversary this year. In System and chancellor of the University of Ha- organizations throughout Western New York the past 60 years, the temple has grown into waii at Manoa. He also taught at several well- and the Nation for his outstanding leadership a vibrant community dedicated to the values of respected institutions for higher education, in- and community involvement. He was the re- Judaism including spiritual discovery, edu- cluding the Massachusetts Institute of Tech- cipient of the Entrepreneurial American Lead- cational richness, and the love and kindness nology, Tufts University, Northeastern Univer- ership Award from Partners or Livable Com- of community and personal responsibility. sity, Boston College, Boston University, Uni- munities (2006), the YWCA of Rochester and Founded by 10 families in 1947, Temple versity of Cincinnati, and the University of Ha- Monroe County Racial Justice Award (2005), Beth David was the first reform synagogue in waii. But his achievements go far beyond ad- the Rochester International Council Inter- the San Gabriel Valley. The original founder, ministration and instruction. national Citizen Award (2004), the National Flora Kahn, is still a member of the congrega- Dr. Simone has authored countless publica- Association of Student Affairs Professionals tion. Since its inception, the temple has seen tions, including books and journal articles on President’s Award (2001), and the Rochester its membership grow to 195 families, spanning the application of mathematics, statistics, and Business Alliance Civic Medal among many, the generations. The community welcomes all computers to economics and business. He is many others. Jews as well as interfaith couples and encour- a founding editor of Decision Sciences and is RIT and the community surrounding it owe ages non-Jewish spouses to participate in a past president and fellow of the Institute of a debt of gratitude to Dr. Simone, and I am temple life. Decision Sciences. And, although he is retir- honored today to have the opportunity to pay Rabbi Alan Lachtman has been with the ing, he will continue to make contributions to tribute to his service. His legacy will live on at temple in his current position since 1976. A re- academia as he is currently in the process of RIT, and I look forward to seeing the univer- tired Lieutenant Colonel from the Army Re- collecting data for a book he will be writing on sity continue to flourish. I wish Dr. Simone and serves, Rabbi Lachtman has a degree in Mar- higher education. his wife Carolie, their four children, and five riage Family Therapy and received the Doc- A true trailblazer, Dr. Simone was the first grandchildren the best during his retirement. torate of Divinity from Hebrew Union College American university president to officially visit f in 1999. He currently teaches at the University North Korea, Vietnam, and Vladivostok when of Judaism, and works closely with the Amer- these regions were closed to the United TRIBUTE TO JAMES O. RICH ican Jewish Committee and the Archdiocese States except for cultural and educational ex- of Los Angeles. change. He oversaw the launch of three Ph.D. HON. JAMES E. CLYBURN A dynamic and active temple, Temple Beth programs at RIT in the areas of microsystems OF SOUTH CAROLINA David encourages congregant participation engineering, computing and information IN THE HOUSE OF REPRESENTATIVES and offers a wide variety of programs from sciences, and color science. And, under his interfaith programs and social action projects stewardship, six bachelor’s degree programs Thursday, June 7, 2007 to religious and Hebrew schools. Dem- have been added to the university’s offerings, Mr. CLYBURN. Madam Speaker, it is my onstrating a commitment to all members of the including programs in information technology, honor to congratulate one of South Carolina’s

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Founder’s Day Award given by Benedict Col- Unlike other proposals, this bill does not J.O. was born in Sumter, SC, where he at- lege, the Jefferson Award conferred by criticize the President’s handling of the war. It tended Lincoln High School and went on to WYFF–TV, the Howard McClain Christian Ac- does not cut off funds for the troops. Nor does earn a bachelor’s in divinity from Morris Col- tion Award issued by the Christian Action this bill set a timetable for our withdrawal. I lege. His dedication to the ministry led him to Council, and the Pastor of the Year Award strongly believe that this legislation will enjoy earn a master’s in divinity from the Inter- granted by the Progressive National Baptist broad support among both those in favor of national Theological Center, Morehouse Convention. our action in Iraq and those who favor ending School of Religion in Atlanta, GA. He com- His leadership of St. Paul Baptist Church the war, and I am encouraged by the bipar- pleted further study at the Lutheran Southern has been an inspiration, and his accomplish- tisan support I have received when seeking Seminary, and was awarded an honorary doc- ments there are too numerous to mention. Yet original cosponsors. Congress is obligated to torate from Morris College in 1975. throughout his service, his loving wife, consider anew the authority for Iraq sooner Dr. Rich truly committed himself to the Arabella, their children Stanley and Stephanie, rather than later and I hope more of my col- teachings of the church and sought leadership and now their daughter-in-law Phyllis and leagues will join me as cosponsors of this leg- positions to help share his faith with a wider grandson Stanford, have been fully supportive islation. audience. He served as president of Baptist of his efforts. f education bodies on the State and national Madam Speaker, I ask you to join me in levels including the South Carolina Baptist commending Rev. Dr. J.O. Rich for his tre- HONORING THE TUSKEGEE Congress of Christian Education and the Pro- mendous service to his faith and his commu- AIRMEN gressive National Baptist Congress of Chris- nity. He is a living testament to the Bible’s ad- tian Education. monition ‘‘to whom much is given, much is re- HON. MARK UDALL Within in his own church, Dr. Rich helped quired.’’ Dr. Rich has been given extraordinary OF COLORADO expand the educational outreach opportunities. talents, and he has used them to honor his IN THE HOUSE OF REPRESENTATIVES He oversaw the construction of St. Paul Bap- faith and his fellow man. I applaud the exam- tist Church’s Educational Center as a testa- Thursday, June 7, 2007 ple he has set for others to follow, and wish ment to the church’s investment in spiritual him a wonderful retirement and Godspeed. Mr. UDALL of Colorado. Madam Speaker, I and human growth. The center cost $600,000 f rise today to honor the Army Air Corps’ leg- to build in 1977, but stands today as a central endary Tuskegee Airmen. On March 29, 2007, part of the community and the church’s out- INTRODUCING A BILL TO ESTAB- in the U.S. Capitol Rotunda, the surviving reach ministries. LISH A SUNSET FOR THE AU- Tuskegee Airmen were awarded the Congres- Throughout his career, Dr. Rich has been a THORIZATION FOR THE USE OF sional Gold Medal, the most prestigious rec- lecturer and author as well. He has spoken on MILITARY FORCE AGAINST IRAQ ognition that Federal lawmakers can bestow. college and university campuses in South RESOLUTION OF 2002 (PUBLIC Tuskegee Airmen, from Colorado, that re- Carolina and across the Nation. He also LAW 107–243) ceived the Congressional Gold Medal include: served as the compilation editor of Founda- James E. Harrison, James H. Harvey III, Sam- tions of Worship, a developmental meditation uel C. Hunter Jr., Franklin J. Macon, John W. for families. Other publications by Dr. Rich in- HON. RON PAUL Mosley, Fitzroy ‘‘Buck’’ Newsum, Marion R. clude, Help, a study guide for Baptists, BTU OF TEXAS Rodgers, David A. Smith and William A. Wal- Report, and articles in the Quiet Hour, the IN THE HOUSE OF REPRESENTATIVES ters. Worker, and In-Teen magazines. Thursday, June 7, 2007 His work and dedication are not just isolated The first African-American airmen unit in the to the church. Dr. Rich believes strongly in Mr. PAUL. Madam Speaker, today I am in- U.S. military trained in Tuskegee, Alabama. A giving back to the community. He did so by troducing a bill to establish a sunset for the total of 450 Tuskegee Airmen served overseas serving as president of the Anderson Branch 2002 Authorization for the Use of Force on various missions. During WWII, the Airmen of the NAACP for more than 20 years. He Against Iraq (P.L. 107–243). There are several flew missions over North Africa, Italy and Sic- chaired the City of Anderson Community De- active pieces of legislation that would rescind ily. Collectively, they flew more than 15,000 velopment Corporation, and is a member of the authorization to use force against Iraq, but combat sorties, shot down 111 German the Alston Wilkes Society, Inc., the South the approach of this legislation is quite dif- planes, and disabled 150 German planes on Carolina Christian Action Council, and Alpha ferent. This legislation would sunset the origi- the ground. Thirty-three Airmen were shot Phi Alpha Fraternity, Inc. nal authorization 6 months after it is enacted, down and held as POWs, and 66 of the Air- Governor Dick Riley recognized Dr. Rich’s which would give Congress plenty of time to men were killed. dedication and honored him with South Caro- consider anew the authority for Iraq. The Tuskegee Airmen got their start in 1941 lina’s highest honor, the Palmetto Award. Gov- The rationale for this sunset is that accord- after the NAACP filed a lawsuit. President ernor Riley also appointed Dr. Rich to serve ing to the 2002 authorization for Iraq, the Franklin Roosevelt started the Army Air Corps as the Third Congressional District’s rep- President was authorized to use military force training program as the first African-American resentative to the State Council on Maternal, against Iraq to achieve the following two spe- training program. The Airmen were segregated Infant and Child Health. It was a position for cific objectives only: ‘‘( 1) defend the national from other units and endured blatant racism which Governor Carroll Campbell re-appointed security of the United States against the con- and discrimination while helping win World him. tinuing threat posed by Iraq; and (2) enforce War II and change our Nation for the better. In 1986, while serving as president of the all relevant United Nations Security Council Their achievements helped contribute to the Baptist E&M Convention of South Carolina, resolutions regarding Iraq.’’ eventual integration of African-Americans into the Ford Foundation awarded the organization It should be obvious to both supporters and the military and also helped lead the way for a $180,000 grant to fight teenage pregnancy. critics of our military action in Iraq that our further desegregation throughout the Nation. Housing issues are also very important to military has achieved both legal objectives. I ask my colleagues to join me in congratu- Dr. Rich. He served as the chairman of the Our military quickly removed the regime of lating James E. Harrison, James H. Harvey III, Baptist Service Inc., the housing arm of the Saddam Hussein, against whom the United Samuel C. Hunter Jr., Franklin J. Macon, John Baptist E&M Convention. And while serving as Nations resolutions were targeted. And a gov- W. Mosley, Fitzroy ‘‘Buck’’ Newsum, Marion R. the moderator of the Rocky River Baptist As- ernment has been elected in post-Saddam Rodgers, David A. Smith and William A. Wal- sociation, Dr. Rich initiated the building of the Iraq that has met with U.S. approval, fulfilling ters for their patriotism and service to the Rocky River Residential Care Home, a 60–unit the first objective of the authorization. United States of America. Their triumph over complex for the elderly and handicapped in With both objectives of the original author- racism and discrimination, along with their out- Anderson. ization completely satisfied, Congress has a standing service, is inspirational, and they are

VerDate Mar 15 2010 10:27 May 28, 2010 Jkt 059102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR07\E11JN7.000 E11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 11 15347 a source of pride for America and for all of tlefield. Coalition Forces are grappling with whom we are attempting to secure and Colorado. I wish them continued health and a multi-faceted insurgency—divided along whose trust we are working to earn. Our happiness. different ethno-sectarian and ideological military has been largely built and trained lines. The fight for key terrain and the push to fight high-intensity conflicts using tech- f to force the enemy to formally surrender nological superiority and mobility to combat IN HONOR OF OUR FALLEN have been replaced with the fight for the nation states. My unit is a cavalry troop HEROES IN THE ARMED FORCES hearts and minds of the Iraqi local nation- composed of field artilleryman, cavalry als—the people upon whom the burden of a scouts, and infantrymen—all of whom were free and secure Iraq will ultimately rest. initially trained to play specific roles in a HON. CHRISTOPHER SHAYS What I’m talking about is our effort to di- conventional fight. But, every day, I am OF CONNECTICUT versify the scope of the ‘‘fight’’ in order to amazed at how our Soldiers have been able create a foundation upon which the Iraqi to adapt to the changing nature of the fight. IN THE HOUSE OF REPRESENTATIVES people can rebuild a society less vulnerable My preceding remarks were an effort to Thursday, June 7, 2007 to virulent strands of militant Islam and sec- provide the context necessary for you all to Mr. SHAYS. Madam Speaker, on May 28, tarian antipathy. More specifically, we now appreciate the service of the Soldiers along- complement our combat operations with four side whom I proudly serve. General Robert E. 2007, millions of Americans across the country additional lines of operation: training Iraqi Lee once described duty—the close cousin of recognized the brave men and women who Security Forces; promoting local govern- service—as the most sublime word in the made the ultimate sacrifice while fighting to ance; restoring essential services; and devel- English language. I would argue that he was protect the citizens and freedom of our great oping the economy. This is a long, tough, un- trying to explain that duty and service as Nation. predictable process that is at times frus- concepts are impossible to understand in an In recognition of Memorial Day, LT. Zach trating and at other times exhilarating. Over abstract intellectual sense; rather, in order Alessi-Friedlander gave an address at a Me- the last nine months, my troop has been able to wrap our minds around this simple but morial Day Ceremony at Hillside Cemetery in to develop our sector through a strategy that crucial civic value, we need to discuss spe- depends fundamentally upon earning the cific examples—and that will be the intent of Wilton, Connecticut. I submit the text of LT. genuine trust of the local nationals living the balance of my remarks. Alessi-Friedlander’s remarks to be entered into within our sector. Many of you, I am sure, The key to the success that my unit has the RECORD. have heard about many of these new empha- experienced has been the influence of our ex- We come together on this solemn occasion ses—especially after the recent appointment traordinary non-commissioned officers. For to commemorate the sacrifice and celebrate of General David Petreaus as the new the- those of you with prior military experience, the legacy of those Soldiers, Marines, Sail- ater commander in Iraq. However, experi- you know that at troop or company levels, ors, and Airmen who have lost their lives encing it on the ground is a truly perspec- NCOs have dramatically more time in serv- while serving our great Nation. tive-altering experience. My unit’s ice—and thus experience—than their com- When the leaders of the Wilton Memorial progress—especially over the past 5 missioned-officer counterparts. Therefore, Day parade committee—especially Mr. months—has been startling. In this period, the key to a successful unit is to develop a Toothaker and Mr. Brautigam as well as Mr. we have poured several million dollars worth synergy between the NCO and Officer Corps. Dartley of the VFW—invited me to speak at of projects into the small villages dotting Each officer-NCO pair must understand the this ceremony, I embraced the opportunity our sector—providing services like trash col- role that the other plays in training, plan- because it would give me a forum through lection and replacing dilapidated infrastruc- ning, and operations and must then work to which to speak with you all about service— ture such as a drinking-water tower and complement their counterpart in every phase a truly timeless value that is integral to the power-line transformers. But our most suc- of mission preparation and execution. In my vibrancy of our society. My purpose here cessful-civil military initiatives have been troop, the only Soldiers with previous com- today is to provide a Soldiers’-eye-view on those which have integrated our Soldiers, bat experience are the NCOs. Two in par- the value of service—drawn not only from members of either the Iraqi Army or Iraqi ticular come to mind: SFC Richardson and my own experiences but from those of the ex- National Police, and the local nationals into SSG Mont-Eton, the platoon sergeant and traordinary Soldiers with whom I have had combined community projects. Examples of senior scout for our 2nd platoon—the ele- the great privilege of serving alongside. such initiatives include: Two medical-assist- ment whom I would argue has helped to es- Nine years ago, I was 17 years old and a ance visits during which our medics and doc- tablish the model by which a counter- week from my high school graduation. To tors were able to provide medicine, care, di- insurgency must be fought. Perhaps the me, the world seemed pregnant with oppor- agnoses, and treatment advice to almost 400 most illuminating parts of my deployment tunity and possibility. Over much of these local nationals; as well as something called a have come while riding alongside SSG Monty last nine years, my personal journey has ‘‘VET CAP’’ during which an Army veteri- in his truck. Over the course of any given pa- been largely defined by abstract intellectual narian was able to treat and de-worm 150 trol, he spends time instructing his gunner pursuits—college, internships, and even a se- sheep and 20 cows. on how to more effectively scan the key mester of graduate school. But in early 2004, But, the civil-military initiatives of which pieces of terrain with his optics; teaching his I felt a growing sense of discomfort. So much I am most proud are the efforts that have en- driver on how to scan the road for the com- was unfolding outside the classrooms and li- abled us to promote truly indigenous forms mand-wire-IED initiators that are carefully braries in which I spent so much of my time. of self-government. In December, when we concealed alongside the routes in our sector; I was almost 23 and I felt the need to be a recognized that local nationals residing in and positioning his dismount on where he part of something that was larger and more our sector were unwilling to participate in must stand to establish the most effective important than me. I then made the decision the regional branches of the Iraqi govern- security when the platoon gets out of the to pursue a commission in the Army. At the ment—called Nahia and Qada councils—we trucks. But SSG Monty’s true gift is his un- time, in response to the queries of friends decided to host a series of village-level town- canny ability to establish rapport with the and family, I could only describe my motiva- hall meetings. At these meetings, we were local nationals upon whose trust the entire tions in an abstract sense. But over the last able to identify community leaders with the troop depends in order to rebuild the commu- two and half years, the reasons for my deci- initiative, technical expertise, and will to nities and counter the insurgent threats. sion to serve have been made clearer through represent the other members of the villages. Smoking cigarettes and drinking coffee con- the crucible of experience. These town-hall meetings served as jumping- stantly, SSG Monty can approach any indi- After attending Basic Training and Officer off points for two major developments. A vidual in our sector, and, within a matter of Candidate School, I was commissioned as a group of local nationals in our largest village minutes, they are exchanging stories about Field Artillery lieutenant. Sixty-five years now regularly attend the Nahia council their children or talking about how to im- ago, on the conventional battlefields of meetings, which allows them to interface prove water flow in a nearby irrigation World War II, I would have been responsible with the Iraqi government. But, perhaps canal. Never in my life, not at Columbia nor for planning and coordinating the artillery, more impressively, this same group created a at Harvard, have I ever encountered an indi- mortars, aerial firepower, and naval gunfire Farmers’ Cooperative, whose leaders now vidual with more practical intelligence— needed to support my troop commander’s represent farmers from throughout our en- with the ability to adapt doctrine or theory scheme of maneuver. However, the battle- tire area of operations. to a real-world operating environment, fields of Iraq are—at this stage of the war— But, make no mistake, our unit has been which, in our case, carries life and death sig- decidedly different from their World War II forced to combat an adaptive, innovative, nificance. As for SFC Richardson, he is sim- counterparts. Conventional schemes of ma- patient, and committed insurgent threat in- ply a force of nature. He is the tactical ex- neuver have been replaced with the uncon- tent on disrupting our efforts through a se- pert upon whom his platoon leader relies to ventional strategies and tactics needed to ries of persistent attacks against us and— carefully plan any deliberate operation. manage an elusive and adaptive enemy with- perhaps more ominously—by casting a spec- Riding in the 4-truck, the platoon’s trail ve- in an asymmetric and three-dimensional bat- ter of fear over the local-national population hicle, he has managed the evacuation of all

VerDate Mar 15 2010 10:27 May 28, 2010 Jkt 059102 PO 00000 Frm 00010 Fmt 0689 Sfmt 0634 E:\BR07\E11JN7.000 E11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15348 EXTENSIONS OF REMARKS, Vol. 153, Pt. 11 June 11, 2007 Soldiers injured on patrol with a sense of cern for his wife, he declined the offer, un- his unwavering desire to serve his country as calm and poise that has allowed the platoon derstanding that his previous combat experi- a Soldier during wartime. His sacrifice and to address potentially catastrophic situa- ence and deep knowledge were essential to sense of duty should be an inspiration to his tions with the speed and efficiency needed to helping his platoon transition to operations fellow Soldiers and to the country he proud- ensure the safety of all involved. The Sol- in theater. And then, in January, when my ly served, but these are no comfort to his diers in his platoon trust him implicitly and commander returned to Fort Drum, where family and friends. The memory of his loss is would literally follow him wherever he de- my unit is based, for his mid-tour leave, he still too fresh. The loss of each service mem- cided to go. He is the most senior Soldier in visited SSG Hurlbutt, who is still recovering ber sends ripples of pain throughout commu- the entire troop, with even more years in from his injuries. In the months between sus- nities; those closest to him are touched in a service than our first sergeant; he has used taining the injury and my commander’s way that is impossible for most of us to this seniority to be the forceful and articu- visit, SSG Hurlbutt had received skin grafts imagine. Most can sympathize but not really late voice on all Soldier issues. When his to replace the skin and tissue destroyed by empathize. This is the fundamental chal- guys are smoked, he goes to my commander the mine’s intense heat and he was under- lenge of Memorial Day: once a year, we have and first sergeant, and tells them the pla- going excruciating physical therapy to re- the opportunity to congregate as a commu- toon needs a day of refit . . . and they listen. cover from the chunk of flesh and muscle nity and as a society to commemorate their SFC Richardson was the one who insisted that he lost from his left thigh. Despite all sacrifice—but perhaps more importantly—to upon explaining to the local-national chil- this and despite the fact that he was barely celebrate their legacy. I would encourage ev- dren, who gathered to receive their soccer ambulatory at the time of my commander’s eryone to find the name of an individual Sol- balls, why Nick’s name had been inscribed on visit, he amazingly started campaigning to dier, Marine, Airman, or Sailor, who has lost each of their gifts. Into his leadership style, return to sector before we redeployed. their life while serving their country; give SFC Richardson has managed to fold tough- And then there’s SPC Jonathan Cadavero. that name and the magnitude of their sac- ness, moral authority, compassion, and in- SPC Cadavero was my good friend and we rifice specific attention. This will help us to telligence—or, more specifically, the ability were in the same company at Officer Can- humanize the sacrifice that spans genera- to think critically about and to respond didate School. Throughout the first half of tions. This sacrifice and service connect us swiftly to unpredictable and challenging sit- the course, he began to have reservations all in a tragic but crucial narrative. Ours is uations. And then there’s the amazing sym- about continuing his pursuit of an officer’s a country built upon the value of service and biosis that my commander and first sergeant commission—but never once questioned his it should be celebrated—even if it must be have been able to establish. They are the desire to serve. After successfully com- done with a somber tone and painful heart. I only command pair in my entire squadron pleting the land-navigation course and re- know that on every Memorial Day from this not to have previously deployed to either Af- ceiving top marks on his academic testing day forward, I’ll take the opportunity to re- ghanistan or Iraq since combat operations and leadership evaluations, he recognized flect on the life and sacrifice of SPC began in those places in 2001 and 2003, respec- that he had met and exceeded the standards Cadavero. tively. However, they have not allowed this required to become an officer. He then felt Rare is this profession of arms for its relative inexperience to adversely affect our that he could leave Officer Candidate School whole essence is built upon a foundation of troop’s operations. Rather, they have ap- without feeling that he was dodging a chal- specifically conceptualized values that are proached our campaign plan with a refresh- lenge. He decided that he preferred to fulfill intended to discipline individual Soldiers ing open-mindedness, rigorous planning his obligations to the Army as an enlisted into a coherent and selfless team. The only process, and strict attention to detail that medic rather than as an officer, which meant constants that Soldiers will ever have are have helped to keep our Soldiers safe and our less pay and decision-making authority; but, the support of their fellow Soldiers, the unit mission effective. he did not care about that; he simply wanted value of their service, and the appreciation I have still only spoken in relatively gen- to serve his country in Iraq. I remember hav- of the grateful nation whom they serve. Sol- eral terms thus far, but I want to share with ing long conversations with him about his diers have always been asked to sacrifice you a specific example from our deployment decision in our barracks at Ft Benning. I their comforts and desires for the sake of the that I believe demonstrates the courage and told him that he needed to make the decision team and for the mission. Unlike the civilian discipline of our Soldiers and, more gen- with which he felt most comfortable; either world, Soldiers are required to see their com- erally, illuminates the value of service. In way, he would have the opportunity to mitment through to the end regardless of the mid-October, after only a month in our sec- serve—a motivation we both proudly shared extenuating circumstances that may arise tor, our infantry platoon was conducting dis- and embraced. The next time we met was at after making the oath of enlistment or com- mounted night-time reconnaissance of a Bradley’s, the tailor shop just outside of Ft mission. I am awed by the courage and serv- piece of key terrain. The 8-man dismounted Drum; we were both having nametapes sewn ice of my Soldiers, by their ability to man- element had just embarked on their patrol on our boonie caps, assault packs, and ruck age their myriad personal and family con- when their senior scout, SSG Hurlbutt, sacks in preparation for the deployment of cerns while negotiating the constant threats stepped on an anti-tank mine. He was blown our brigade. We talked informally about our to their safety that lurk ominously every off the ground and sent hurtling 15 feet families; about finally being in the regular time we leave the wire in Iraq. The purpose through the air into a reed-choked and half- Army after more than a year in various of Memorial Day is for our nation to recog- filled irrigation canal. Without hesitating, Army schools; about the long and chal- nize and express their appreciation for this the dismounted team leader, SGT Love, and lenging deployment that hovered on the ho- service, in general, and the sacrifice of those one of the other members of the patrol, SPC rizon. Over the next 6 months, we met ran- that have lost their lives while serving, more Conolly, immediately jumped into the canal domly on Camp Striker—at the gym, at the specifically. I ask only that we, as a commu- and extracted—up its steep and slippery chow hall, around our living quarters—each nity, embrace this opportunity to con- banks—their severely injured platoon mate— time sharing warm conversation, sometimes template seriously what this service and sac- who, between the weight of his body, protec- about the Army, but usually just about base- rifice have meant in the development of our tive armor, weapon, and gear weighed more ball. On February 27th, while acting as the country and in the expression of our shared than 300 pounds. While they administered platoon medic for a route-clearance element values. first aid, the platoon leader, lLT Kimes, who operating in support of my unit’s sister f was the trail man in the patrol, positioned troop, he was killed when an IED detonated the balance of the element in a security pe- under the truck in which he was riding. This HONORING GEOFFREY SEFFENS rimeter and coordinated for the MEDEVAC. device was buried deep under the paved sur- (And, this provides me with an opportunity face of the road on which he was traveling, to praise again the technical skill and cour- and, when it detonated, it completely de- HON. TOM DAVIS age of Chief Reeves and the other MEDEVAC stroyed his truck and killed all of the occu- OF VIRGINIA pilots upon us guys on the ground constantly pants. I remember seeing his name listed IN THE HOUSE OF REPRESENTATIVES rely.) Some people may be inclined to at- among the casualties. At first, everything Thursday, June 7, 2007 tribute the way in which the ‘‘rock lizards’’ seemed to collapse with the pain I felt for his were able to handle this situation to their loss, for his family, friends, and fellow Sol- Mr. TOM DAVIS of Virginia. Madam Speak- training, but I am more inclined to attribute diers. And then everything seemed to ex- er, I rise today to honor Mr. Geoffrey Seffens it to their courage and commitment to one plode in a rush of memories—wandering for 32 years of dedicated service to the Fairfax another. As for SSG Hurlbutt, he is an ex- through the woods of Ft Benning in our des- County Public School system. traordinary Soldier among many extraor- perate attempts to find our points on the dinary Soldiers. Just prior to the deploy- land-navigation course or cracking jokes be- After graduating from the Cincinnati College ment, he was given. the option of deploying fore the dreaded arrival of our supervisors at Conservatory of Music in Ohio, Mr. Seffens late or not deploying at all in order to care the ridiculous light-out ritual each night. I began his career as an elementary band for his wife, who had only recently recovered remember his distinctive New York accent, teacher in Northern Virginia. Not one to shy from a very serious illness. Despite his con- his infectious smile, his wit, his intelligence, away from a challenge, Mr. Seffens spent his

VerDate Mar 15 2010 10:27 May 28, 2010 Jkt 059102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR07\E11JN7.000 E11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 11 15349 first 4 years as a teacher engaging students RECOGNIZING THE OPENING OF System and chancellor of the University of Ha- from five different schools. Not only did he rise THE CENTER ON HALSTED waii at Manoa. He also taught at several well- to this challenge but he pushed himself even respected institutions for higher education, in- further, teaching more than 400 students from HON. RAHM EMANUEL cluding the Massachusetts Institute of Tech- nology, Tufts University, Northeastern Univer- nine schools over the course of the next 2 OF ILLINOIS sity, Boston College, Boston University, Uni- years. Mr. Seffens’s hard work was recog- IN THE HOUSE OF REPRESENTATIVES nized in 1979 when he was selected as the versity of Cincinnati, and the University of Ha- new band director at Lanier Middle School. Thursday, June 7, 2007 waii. But his achievements go far beyond ad- Ever since joining the faculty at Lanier, Mr. Mr. EMANUEL. Madam Speaker, I rise ministration and instruction. Seffens has continued to guide students to- today to commemorate the opening of the Dr. Simone has authored countless publica- wards musical achievement while becoming Center on Halsted, a new gay and lesbian tions, including books and journal articles on an indispensable member of the school’s com- community center at 3656 N. Halsted, in the the application of mathematics, statistics, and munity. heart of the northside of the Fifth District. This computers to economics and business. He is new facility will give the surrounding commu- a founding editor of Decision Sciences and is As a native of Northern Virginia and a prod- a past president and fellow of the Institute of uct of the Fairfax County Public School sys- nity a state of the art building for youth serv- ices, mental health services and community/ Decision Sciences. And, although he is retir- tem himself, Mr. Seffens and his successful ing, he will continue to make contributions to teaching career stand as a testament to the cultural programming and more. The Center on Halsted has actually served academia as he is currently in the process of region’s firm commitment to academic excel- collecting data for a book he will be writing on lence. Upon his retirement after years of com- Chicago’s gay and lesbian community for more than three decades. Unfortunately, higher education. mendable work, Mr. Seffens will certainly be A true trailblazer, Dr. Simone was the first though, they had to make do with temporary missed by students and faculty alike. American university president to officially visit facilities for a number of years. Today, the Madam Speaker, in closing, I would like to North Korea, Vietnam, and Vladivostok when community has a place to call home. take the opportunity to recognize Mr. Seffens’s these regions were closed to the United This grand opening has been a long time in steadfast devotion to raising the standard of States except for cultural and educational ex- coming, with planning dating back to 2001. I musical education and personally thank him change. He oversaw the launch of three Ph.D. am proud to have worked closely with the for his dedication to the Fairfax County Public programs at RIT in the areas of microsystems leadership at the Center on Halsted, Mayor School system. I call upon my colleagues to engineering, computing and information join me in applauding Geoffrey Steffens for his Daley, Alderman Tunney, and many other sciences, and color science. And, under his service to our Nation and wishing him the best local leaders to make the dream of a new cen- stewardship, six bachelor’s degree programs in a well-deserved retirement. ter a reality. have been added to the university’s offerings, The Center on Halsted focuses their pro- including programs in information technology, gramming into three areas: mental health, f software engineering, chemistry and polymer youth and community outreach, and cultural chemistry, biochemistry, advertising and public PERSONAL EXPLANATION programming. One of the center’s goals is to relations, and new media publishing. These provide role models for young members of the new programs represent the university’s un- gay and lesbian community. derstanding of the needs of the community HON. BILL SHUSTER The three-story facility is a proud home for outside of it, and help distinguish the city of OF PENNSYLVANIA a proud community, and the end product is al- Rochester as a center for innovation and en- most as remarkable as the hard work of all the IN THE HOUSE OF REPRESENTATIVES trepreneurship. people who made it happen. The roof deck, Dr. Simone led RIT’s largest capital cam- Thursday, June 7, 2007 computer lab, theater facilities, Whole Foods, paign, raising $310 million which enabled the cafe´, and more will make the Center on Hal- university to add over 210 new scholarships, Mr. SHUSTER. Madam Speaker, on sted a welcoming location for its neighbors name three colleges, add seven new endowed Wednesday, June 6, 2007, I could not be and an engine for economic development on professorships, build nine new campus facili- present for rollcall votes 431, 432, 433, 434, the northside of Chicago. ties, add $90 million in new applied research 435, 436, 437, 438, and 439 because I was Madam Speaker, I am thrilled that the Cen- initiatives, and add $34 to the RIT endowment. attending my daughter’s high school gradua- ter on Halsted has opened its doors. I want to This capital campaign enhanced RIT’s reputa- tion. congratulate everyone involved on a job well tion, made college education more accessible Had I been present, I would have cast the done, and I know the center will be an impor- for more students, and gave students and fac- following votes: tant part of Chicago for a long time to come. ulty better resources to pursue their academic ‘‘No’’ on rollcall 431, H. Res. 435—Providing f endeavors. for the consideration of H.R. 2446, Afghani- Thanks to Dr. Simone and the programs he IN HONOR OF THE CAREER AND stan Freedom and Security Support Act; has cultivated at RIT, the university has be- ACHIEVEMENTS OF DR. ALBERT come a strong partner in regional economic ‘‘Yes’’ on rollcall 432, H.R. 1716—Green J. SIMONE Energy Education Act; development efforts. His endeavors have con- sistently reflected his belief that the ‘‘ ‘R’ in RIT ‘‘Yes’’ on rollcall 433, H.R. 632—To author- HON. LOUISE McINTOSH SLAUGHTER means something.’’ Aside from creating aca- ize the Secretary of Energy to establish mone- OF NEW YORK demic programs at the university to address tary prizes for achievements in overcoming IN THE HOUSE OF REPRESENTATIVES the business needs of the Rochester and the scientific and technical barriers associated Thursday, June 7, 2007 surrounding region, Dr. Simone served as with hydrogen energy; chairman of the board of the Greater Roch- ‘‘No’’ on rollcall 434, H.R. 964—Securely Ms. SLAUGHTER. Madam Speaker, I rise ester Metropolitan Chamber of Commerce, Protect Yourself Against Cyber Trespass Act; today to celebrate the achievements of a dis- and currently serves on the boards of the ‘‘Yes’’ on rollcall 435, H.R. 2446—Kirk tinguished academic who I am privileged to Rochester Business Alliance, the Center for Amendment; call my friend, Dr. Albert J. Simone. Dr. Government Research, and the Finger Lakes ‘‘No’’ on rollcall 436, H.R. 2446—Kucinich Simone has served as the president of Roch- Partnership for the WIRED initiative. His in- Amendment; ester Institute of Technology since September volvement in these and countless other com- 1, 1992, and during that time I have had the munity organizations has benefited not only ‘‘Yes’’ on rollcall 437, H.R. 2446—Motion to pleasure of working with him as he advanced the organizations themselves, but also the uni- Recommit with Instructions Afghanistan Free- the university’s reputation as a leading career- versity and its students by establishing impor- dom and Security Support Act; oriented institution. He is retiring his post this tant networking opportunities and using the ‘‘Yes’’ on rollcall 438, H.R. 2446—Afghani- year, and his vision and leadership will be knowledge from those relationships to inform stan Freedom and Security Support Act; sorely missed. the direction of the university. ‘‘No’’ on rollcall 439, H.R. 2560—Human Before taking the helm at RIT, Dr. Simone Dr. Simone has been recognized by several Cloning Prohibition Act. served as president of the University of Hawaii organizations throughout western New York

VerDate Mar 15 2010 10:27 May 28, 2010 Jkt 059102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR07\E11JN7.000 E11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15350 EXTENSIONS OF REMARKS, Vol. 153, Pt. 11 June 11, 2007 and the Nation for his outstanding leadership 2007. The measure is now before the Senate TRIBUTE TO MONUMENTS MEN and community involvement. He was the re- and is an important milestone on DC’s road to AND WOMEN OF WORLD WAR II cipient of the Entrepreneurial American Lead- full and equal representation. ership Award from Partners for Livable Com- This one success is a reminder of the pend- HON. SHEILA JACKSON-LEE munities—2006, the YWCA of Rochester and ing legislation that the 110th Congress must OF TEXAS Monroe County Racial Justice Award—2005, pass: The Clarification of Federal Employment IN THE HOUSE OF REPRESENTATIVES the Rochester International Council Inter- Protections Act, The Early Treatment for HIV Thursday, June 7, 2007 national Citizen Award—2004, the National Act, The Employment Non-Discrimination Act, Association of Student Affairs Professionals The Local Law Enforcement Enhancement Ms. JACKSON-LEE of Texas. Madam President’s Award—2001, and the Rochester Act, The Military Readiness Enhancement Act, Speaker, on this 63rd anniversary of D-day, I Business Alliance Civic Medal among many, The Responsible Education About Life Act, am proud to pay tribute to the men and many others. The Tax Equity for Health Plan Beneficiaries women who served in the Monuments, Fine RIT and the community surrounding it owe Act, and The Uniting American Families Act. Arts and Archives program, MFAA, under the a debt of gratitude to Dr. Simone, and I am Civil Affairs and Military Government Sections I ask the House to join me in welcoming the honored today to have the opportunity to pay of the United States Armed Forces for their celebrants attending the 32nd Annual Capital tribute to his service. His legacy will live on at heroic role in the preservation, protection, and Pride Festival in Washington, DC, and I take RIT, and I look forward to seeing the univer- restitution of monuments, works of art, and this opportunity to remind the celebrants that sity continue to flourish. I wish Dr. Simone and other priceless artifacts in Europe and Asia U.S. citizens who reside in Washington, DC his wife Carolie, their four children, and five during and following World War II. are taxed without full voting representation in grandchildren the best during his retirement. That is why I am proud to be a sponsor of Congress. f H. Con. Res. 48, which provides much needed recognition to the ‘‘Monuments Men and HONORING THE 32ND ANNUAL f Women’’ who did so much to preserve many CAPITAL PRIDE FESTIVAL RECOGNIZING LIUNA LOCAL 777 of the world great cultural treasures. Without their dedication and service, many HON. ELEANOR HOLMES NORTON more of the world’s artistic and historic treas- OF THE DISTRICT OF COLUMBIA HON. JOE BACA ures would have been destroyed or lost for- IN THE HOUSE OF REPRESENTATIVES ever amidst the chaos and destruction of OF CALIFORNIA World War II. Thursday, June 7, 2007 IN THE HOUSE OF REPRESENTATIVES I wish to give special thanks and apprecia- Ms. NORTON. Madam Speaker, I rise to tion to the ‘‘Monuments Men’’ for establishing Thursday, June 7, 2007 pay tribute to the 32nd Annual Capital Pride the precedent of protecting cultural property in Festival, a celebration of the National Capital Mr. BACA. Madam Speaker, I stand here the event of armed conflict, and by setting a Area’s Gay, Lesbian, Bisexual and today to commemorate a significant milestone standard not just for one country, but for peo- Transgender, GLBT, communities, their fami- and to commend the leadership of the Labor- ple of all nations to acknowledge and uphold. lies, and friends. ers International Union of North America, In 1943, the United States Government es- The Capital Pride Festival has grown from a LIUNA, Local 777 and its International Union, tablished the American Commission for the small block party in 1975 to the current week- for their unyielding dedication to fight for the Protection and Salvage of Artistic and Historic long celebration. This year Capital Pride cul- rights of working Americans. Monuments in War Areas to promote and co- minates with the Pride Parade on June 9th This year marks the 10th anniversary of the ordinate the protection and salvage of works and ‘‘The Main Event,’’ a street fair on Penn- county workers in Riverside County joining of art and cultural and historical monuments sylvania Avenue in the shadow of the Capitol, LIUNA Local 777. and records in countries occupied by Allied ar- June 10th. mies during World War II. The chairman of the I have marched in the Pride parades since Thanks to the profound efforts and devotion Commission was Supreme Court Associate coming to Congress to emphasize the uni- of the original organizing committee and sub- Justice Owen J. Roberts. versality of human rights and the importance sequent rank and file leaders, Local 777 has In connection with the establishment of the of enacting federal legislation to secure those become a powerful, dynamic, and active orga- Roberts Commission, the Monuments, Fine rights for the GLBT community. nization committed to improving the quality of Arts, and Archives program, MFAA, was es- This year’s theme, ‘‘Together we can, To- life for workers. tablished under the Civil Affairs and Military gether we will,’’ holds special meaning for the Local 777 continues to grow today. From its Government Sections of the United States citizens of the District of Columbia and its humble roots of 57 founding members working Armed Forces. GLBT community in particular. Washing- for the City of Indio in 1993, Local 777 boasts The Roberts Commission and the MFAA tonians live in distinct diverse neighborhoods a current membership of nearly 9,000. provide an example for other countries, work- such as Colonial Village to the North, Fort LIUNA’s membership, which includes work- ing in conjunction with the United States, to Drum to the South, Northeast Boundary to the ers in the health sector, construction, mail develop similar programs. More than 100 for- East, and Spring Valley to the West. Together handlers, school employees, higher education eign MFAA personnel, representing at least 17 we can unite in our quest for all the rights employees, and more, have had a positive im- countries, contributed to this international ef- guaranteed U.S. citizens by the Constitution. pact on the community in Riverside, and fort. In 1994 the District of Columbia lost the first throughout the whole state of California. The MFAA was comprised of both men and vote it ever won on the floor of the House of women, commissioned officers and civilians, The organization has remained dedicated to Representatives, the delegate vote in the who were appointed or volunteered to serve their mission of ensuring hard-working Ameri- Committee of the Whole. The Republicans re- as representatives of the Roberts Commission cans are given fair wages, good benefits, a tracted the District’s vote when they assumed and as the official guardians of some of the safe work environment, and a chance to fulfill control of the House and this right was re-es- world’s greatest artistic and cultural treasures. the American dream. tablished under Speaker NANCY PELOSI. Our Members of the MFAA, called the ‘‘Monu- city of 550,000 residents, 10 percent more Besides protecting worker’s rights, LIUNA ments Men,’’ often joined frontline military residents than the entire State of Wyoming, also is very active in communities throughout forces and some even lost their lives in com- who pay more taxes per capita than 49 of the California. The organization sponsors inform- bat during World War II. For years following 50 states, remains the only jurisdiction in the ative training, education, and safety programs the Allied victory in World War II, members of United States subject to Taxation Without that benefit all citizens. the MFAA worked tirelessly to locate, identify, Representation. Our Nation’s Capital is enti- It is with great pride that I recognize the La- catalogue, restore, and repatriate priceless tled full voting rights in the House and the borers International Union Local 777 of River- works of art and irreplaceable cultural artifacts, Senate. On April 19, 2007, the U.S. House of side County. On this important anniversary, including masterpieces by Da Vinci, Michelan- Representatives passed H.R. 1905, The Dis- we rise to thank them for all they do to protect gelo, Rembrandt and Vermeer, that had been trict of Columbia House Voting Rights Act of working American families. stolen or sequestered by the Axis powers.

VerDate Mar 15 2010 10:27 May 28, 2010 Jkt 059102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR07\E11JN7.000 E11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 11 15351 The heroic actions of the MFAA in saving The Mental Health for Our Wounded War- bama and across the country to follow. I rise priceless works of art and irreplaceable cul- riors Act, a companion to legislation intro- today to celebrate his life and honor his tural artifacts for future generations cannot be duced by Senator LIEBERMAN, will establish achievements, which continue to have a pro- overstated. It set a moral precedent and es- Centers of Excellence within the DoD to re- found impact on north Alabama today. tablished standards, practices, and procedures search strategies to prevent, identify and treat f for the preservation, protection, and restitution combat related mental health injuries. of artistic and cultural treasures in future Equally as important, each center will seek PERSONAL EXPLANATION armed conflicts. to develop strategies to counter the stigma Members of the MFAA went on to become that surrounds PTSD and mental health in HON. CHRISTOPHER SHAYS renowned directors and curators of preeminent general in the military. OF CONNECTICUT international cultural institutions, including the The bill will also include language on treat- IN THE HOUSE OF REPRESENTATIVES National Gallery of Art, the Metropolitan Mu- ing mental health professionals who are ex- Thursday, June 7, 2007 seum of Art, the Museum of Modern Art, the posed to combat related stress, as well as Toledo Museum of Art, and the Nelson-Atkins study the unique needs of female service Mr. SHAYS. Madam Speaker, on May 17 Museum of Art, as well as professors at insti- members serving in combat situations. through May 22 I missed votes due to my tutions of higher education, including Harvard, The military needs help dealing with this being out of the country to conduct oversight Yale, Princeton, New York University, Williams very complex issue. We cannot expect our of our operations in Iraq. College, and Columbia University. service members to go out and do the job Had I been present for rollcall 378, the Other members of the MFAA were founders, they do without providing adequate mental Bachus Amendment to H.R. 1427, the Federal presidents, and members of associations, health services we know they will need. Housing Finance Reform Act, I would have such as the New York City Ballet, the Amer- The battle against combat-related mental voted ‘‘no.’’ ican Association of Museums, the American health injuries will be an ongoing issue. It is Had I been present for rollcall 379, the Association of Museum Directors, the Archae- our obligation to provide the resources nec- Hensarling Amendment No. 29 to H.R. 1427, ological Institute of America, the Society of Ar- essary to address the absence of a des- the Federal Housing Finance Reform Act, I chitectural Historians, the American Society of ignated center to study the mental health care would have voted ‘‘no.’’ Landscape Architects, the National Endow- needs of service members and to provide a Had I been present for rollcall 380, the ment for the Humanities, and the National En- solution to the shortage of DoD mental health McHenry Amendment to H.R. 1427, the Fed- dowment for the Arts, as well as respected professionals. eral Housing Finance Reform Act, I would artists, architects, musicians, and archivists. f have voted ‘‘no.’’ Madam Speaker, it bears repeating that the Had I been present for rollcall 381, the Kan- heroic actions of the MFAA in saving priceless TRIBUTE TO WILLIAM KLING, SR. jorski Amendment to H.R. 1427, the Federal works of art and irreplaceable cultural artifacts Housing Finance Reform Act, I would have for future generations cannot be overstated. It HON. ROBERT E. (BUD) CRAMER, JR. voted ‘‘no.’’ established the standards, practices, and pro- OF ALABAMA Had I been present for rollcall 382, the cedures for the preservation, protection, and IN THE HOUSE OF REPRESENTATIVES Roskam Amendment to H.R. 1427, the Fed- saved for the world artistic and cultural treas- eral Housing Finance Reform Act, I would ures of inestimable value. Thursday, June 7, 2007 have voted ‘‘no.’’ I salute the ‘‘Monuments Men and Women,’’ Mr. CRAMER. Madam Speaker, I rise today Had I been present for rollcall 383, the Gar- who by their example provide further proof of to pay tribute and celebrate the life of Hunts- rett Amendment to H.R. 1427, the Federal why we call theirs the ‘‘Greatest Generation.’’ ville businessman, Mr. William Kling, Sr. Housing Finance Reform Act, I would have f Madam Speaker, Mr. Kling and his wife voted ‘‘no.’’ Margaret Anne ‘‘Peggy’’ Rothschild moved to Had I been present for rollcall 384, H.R. MENTAL HEALTH CARE FOR OUR Huntsville in 1950 and formed the Valley Pride 698, the Industrial Bank Holding Company WOUNDED WARRIORS ACT OF 2007 Packing Company. Prior to his retirement in Act, I would have voted ‘‘yes.’’ 1966, Mr. Kling served as president of the Ala- Had I been present for rollcall 385, H.R. HON. SUSAN A. DAVIS bama Meat Packers Association and as a 1425, the Staff Sergeant Marvin Rex Young OF CALIFORNIA member of the board of directors for the Ala- Post Office Building, I would have voted ‘‘yes.’’ IN THE HOUSE OF REPRESENTATIVES bama Cattlemen’s Association and the Amer- Had I been present for rollcall 386, the Thursday, June 7, 2007 ican Meat Institute. Feeney Amendment to H.R. 1427, the Federal Mrs. DAVIS of California. Madam Speaker, In addition to his leadership in state and Housing Finance Reform Act, I would have I rise today to introduce the Mental Health local business communities, Mr. Kling shared voted ‘‘no.’’ Care for Our Wounded Warriors Act of 2007. his kindness and vision to help nurture the cul- Had I been present for rollcall 387, the Price This important legislation will address the sig- tural development of our region. After his re- (GA) Amendment No. 8 to H.R. 1427, the nificant mental health care issues faced by our tirement, Mr. Kling became the first individual Federal Housing Finance Reform Act, I would brave service men and women. to serve 3 consecutive years as president of have voted ‘‘yes.’’ According to recent reports from the Gov- the Huntsville Symphony Orchestra Board of Had I been present for rollcall 388, the Ses- ernment Accountability Office, 22 percent of Directors. Under his leadership, the Von Braun sions Amendment to H.R. 1427, the Federal returning OEF/OIF service members were re- Center, a world-class concert hall and enter- Housing Finance Reform Act, I would have ferred for further mental health evaluations for tainment center, was constructed. For more voted ‘‘yes.’’ post-traumatic stress disorder (PTSD) and an than 25 years, the Von Braun Center has Had I been present for rollcall 389, the estimated one in six service members will re- hosted numerous internationally acclaimed Brady Amendment to H.R. 1427, the Federal ceive a diagnosis of PTSD. musical performances and events. Housing Finance Reform Act, I would have As a member of the Armed Services Per- Mr. Kling also served as a member of the voted ‘‘no.’’ sonnel Subcommittee, I have been working first Huntsville-Madison County Airport Author- Had I been present for rollcall 390, the Price hard to understand how mental health issues, ity. During his time with the authority, he (GA) Amendment No. 9 to H.R. 1427, the especially PTSD, are affecting our service played an influential role in the establishment Federal Housing Finance Reform Act, I would men and women. We know that PTSD and of the Huntsville International Airport. This air- have voted ‘‘no.’’ TBI are the signature injuries of this war. port has since become an economic engine Had I been present for rollcall 391, the Doo- Unfortunately, the DoD has neither the facili- for north Alabama and it continues to support little Amendment to H.R. 1427, the Federal ties nor the personnel to meet the needs of re- our region’s remarkable growth. Housing Finance Reform Act, I would have turning service members with mental health Madam Speaker, Mr. Kling passed away in voted ‘‘yes.’’ care diagnoses. We have no research clear- November 2006. He was a successful busi- Had I been present for rollcall 392, the inghouse to study and facilitate mental health nessman, humanitarian, and civic leader. His Hensarling Amendment No. 30 to H.R. 1427, services and develop effective mental health willingness to help others and dedication to his the Federal Housing Finance Reform Act, I care policies. community is an inspiration for all in north Ala- would have voted ‘‘no.’’

VerDate Mar 15 2010 10:27 May 28, 2010 Jkt 059102 PO 00000 Frm 00014 Fmt 0689 Sfmt 9920 E:\BR07\E11JN7.000 E11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15352 EXTENSIONS OF REMARKS, Vol. 153, Pt. 11 June 11, 2007 Had I been present for rollcall 393, the Program, Big Brothers Big Sisters nurtures public or non-profit facilities located in HPSAs Neugebauer Amendment to H.R. 1427, the children as they grow up both socially and are eligible to apply for a loan repayment. The Federal Housing Finance Reform Act, I would academically. The After-School Enrichment State Loan Repayment Program is a collabo- have voted ‘‘no.’’ program assists children in their academic life ration of Federal, State, and community ef- Had I been present for rollcall 394, the by providing after-school tutoring in an array of forts. The Federal Government provides up to Neugebauer Amendment No. 4 to H.R. 1427, topics including math, science, and writing. 50 percent of the funds to make loan repay- the Federal Housing Finance Reform Act, I Additionally, the program brings in guest ment funds to primary health care profes- would have voted ‘‘no.’’ speakers to discuss issues involving aca- sionals. The remaining 50 percent of the fund- Had I been present for rollcall 395, on the demic, social, and leadership development. ing comes from State and local community re- Motion to Recommit H.R. 1427, the Federal I would like to thank the many volunteers sources. Housing Finance Reform Act, I would have and staff who give their time and commitment The District of Columbia has 13.8 percent voted ‘‘no.’’ to this wonderful program. Without their sup- underinsured residents compared to 15.7 per- Had I been present for rollcall 396, on final port, this program would not have been able cent of individuals that are uninsured across passage of H.R. 1427, the Federal Housing to achieve the level of success it has over the the country. Approximately 17 percent of non- Finance Reform Act, I would have voted past 25 years. elderly adults and l0.4 percent of children are ‘‘yes.’’ Madam Speaker, on this joyous and historic uninsured. Had I been present for rollcall 397, S. 214, occasion, it gives me great pleasure to Today, millions of Americans lack access to I would have voted ‘‘yes.’’ present the congratulations of my colleagues health insurance. In 2005, more than 46 mil- Had I been present for rollcall 398, H.R. in the House to Big Brothers Big Sisters of lion persons were uninsured for the entire 2264, the No Oil Producing and Exporting Santa Cruz County. year. There are several reasons for the lack of Cartels Act, I would have voted ‘‘yes.’’ f health coverage for Americans among all unin- Had I been present for rollcall 399, S. 1104, sured persons under age 65, more than half I would have voted ‘‘yes.’’ THE INTRODUCTION OF THE DIS- were underprivileged and 34 percent lacked Had I been present for rollcall 400, H.R. TRICT OF COLUMBIA LOAN RE- health coverage. 2399, the Alien Smuggling and Terrorism Pre- PAYMENT EQUITY TECHNICAL Improving the health care system is a huge vention Act, I would have voted ‘‘yes.’’ AMENDMENT ACT OF 2007 priority for Congress. The Institute of Medicine Had I been present for rollcall 401, H.R. found that the insurance status of parents af- 1722, the Leonard W. Herman Post Office, I HON. ELEANOR HOLMES NORTON fects the amount of health care that their chil- would have voted ‘‘yes.’’ OF THE DISTRICT OF COLUMBIA dren receive. By amending the Public Health Had I been present for rollcall 402, a motion IN THE HOUSE OF REPRESENTATIVES Service Act, this bill would provide eligibility to to table H. Res. 428, I would have voted ‘‘no.’’ Thursday, June 7, 2007 the District of Columbia for the State Loan Re- f payment Program. It is extremely important Ms. NORTON. Madam Speaker, today I in- that underserved populations have access to IN HONOR OF BIG BROTHERS BIG troduce the ‘‘District of Columbia Loan Repay- primary health services regardless of their low- SISTERS OF SANTA CRUZ COUNTY ment Equity Technical Amendment Act of income status. I urge my colleagues to sup- 2007.’’ This bill will ensure that undeserved port this important measure. HON. SAM FARR communities in the District of Columbia have f OF CALIFORNIA access to adequate health care services in se- SABINOSO WILDERNESS ACT OF IN THE HOUSE OF REPRESENTATIVES lected health professional shortage areas, HPSAs, identified by the Secretary of the De- 2007 Thursday, June 7, 2007 partment of Health and Human Services under Mr. FARR. Madam Speaker, I rise today to the State Loan Repayment Program, as Con- HON. TOM UDALL call attention to the 25th anniversary of Big gress intended. This bill does not involve any OF NEW MEXICO Brothers Big Sisters of Santa Cruz County, new funds. It will make the District eligible to IN THE HOUSE OF REPRESENTATIVES founded in 1982. Big Brothers Big Sisters is receive assistance through the Public Health the oldest and largest youth mentoring organi- Service Act grants system, as would already Thursday, June 7, 2007 zation in the United States, and its Santa Cruz be the case if the District had a matching pro- Mr. UDALL of New Mexico. Madam Speak- County chapter has served over 3,000 chil- gram. Until 2006 there was no matching pro- er, I rise today to introduce the Sabinoso Wil- dren in the last 25 years. gram in the District thus making it ineligible to derness Act of 2007. New Mexico is filled with For more than a quarter century this organi- apply for assistance. This bill is revenue neu- extraordinary landscapes and, as a represent- zation has created and nurtured one-on-one tral. Adding the District of Columbia to this ative of this beautiful State, it is an honor to mentoring relationships between children and program will not have any effect on federal work to conserve these scenic and historic carefully screened adult mentors. The shared funding because the District will be required to areas for future generations. One of New experiences between a Big Brother or Big Sis- compete for the Federal funds exactly as Mexico’s special places is the Sabinoso Wil- ter and his or her Little Brother or Sister have every other State competes for the grants. derness Study Area. Last year, I had the op- a documented Positive outcome in the child’s The State Loan Repayment Program, portunity to explore this unique area on horse- life. SLRP, was implemented in 1987 in response back. While traveling through deep canyons Research and anecdotal evidence show that to Section 3381 of the Public Health Service covered with indigenous trees such as pin˜on- Little Brothers and Sisters are less likely to do Act, which authorizes the Secretary, U.S. De- juniper, cottonwood, willow, and ponderosa drugs, drink alcohol, skip school, or engage in partment of Health and Human Services to pine, it was evident that Sabinoso is an excep- acts of violence. They have greater self-es- make grants to States to help recruit and re- tional setting that deserves to be protected teem, more success at school, and better rela- tain primary health care professionals in and accessible to all. That is why I am intro- tionships with their friends and family. HPSAs. Under the State Loan Repayment ducing legislation to designate as wilderness In their testimonials, Big Brothers and Big Program, clinicians provide primary care the lands in and near the Sabinoso WSA. Sisters also report a positive impact on their health services in HPSAs in exchange for The Sabinoso WSA comprises approxi- life. They say that they find a sense of pur- funds for the repayment of their qualifying mately 20,000 acres and is situated in San pose and satisfaction by helping and men- educational loans. These individuals are fully Miguel County, 40 miles east of Las Vegas, toring a young child through the difficulties of trained and licensed primary health care clini- NM, and 25 miles northwest of Conchas Dam growing up. They value their experiences as cians dedicated to meeting the health care State Park. Roaming the canyons last year, I highly as we value their service to the commu- needs of medically underserved communities. was struck by the ecological, scenic and rec- nity. Thus, these relationships benefit every- Under the State Loan Repayment Program, reational values of the area. Sabinoso over- one involved, including the mentor, the child, grants are made to States to operate their lays a thick section of colorful sedimentary the family, and the community. own loan repayment programs. Primary care rocks, typical of desert rock formations Through its One-on-One Mentoring Program health professionals who are providing a min- throughout the West. The area’s scenic and and After-School Enrichment and Mentoring imum of 2 years of full-time clinical services in densely vegetated landscape is also home to

VerDate Mar 15 2010 10:27 May 28, 2010 Jkt 059102 PO 00000 Frm 00015 Fmt 0689 Sfmt 9920 E:\BR07\E11JN7.000 E11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 11 15353 a rich diversity of wildlife, such as red-tailed and father, and an honorable American. As HONORING THE SERVICE OF hawks, western scrub-jays, broad-tailed hum- the Lord called his servant home; his gen- ARTHUR C. NERIANI mingbirds, mule deer, bobcats, and gray erosity, compassion, and commitment to his foxes. All of these natural resources will pro- community will live on forever in the memories HON. CHRISTOPHER S. MURPHY vide outstanding opportunities to hunt, hike, of all who had the high honor knowing Arnold OF CONNECTICUT horseback ride, take photographs, and simply ‘‘Nub’’ Porterfield. IN THE HOUSE OF REPRESENTATIVES experience the unspoiled lands of our ances- Thursday, June 7, 2007 tors. f During the 2007 session of the New Mexico Mr. MURPHY of Connecticut. Madam State Legislature, House Memorial 53, which TRIBUTE TO THE 440TH AIRLIFT Speaker, as we celebrate the 63rd anniversary calls on the New Mexico congressional dele- WING BASED IN MILWAUKEE, of the D-Day invasion, I rise today to honor gation to support the establishment of the WISCONSIN the service and valor of all veterans, and es- Sabinoso Wilderness Area, was introduced by pecially the contributions of Arthur Neriani, State Representative Thomas Garcia and who served bravely in World War II. The son of two Italian immigrants, Arthur passed unanimously by a vote of 66–0. HON. GWEN MOORE Neriani grew up in Avon, CT, when Avon was Unfortunately, this beautiful piece of land is OF WISCONSIN still considered a farm town. As a young man, currently inaccessible to the general public. Art spent much of his time with a group of 15 Designating the area will help open it to every- IN THE HOUSE OF REPRESENTATIVES boys from the same neighborhood. Organized one and provide access to all of these activi- by Gildo Consolini, the boys played softball on ties. Opening Sabinoso will also create impor- Thursday, June 7, 2007 a local team called the Avon Tigers. Bonded tant new economic development opportunities Ms. MOORE of Wisconsin. Madam Speak- through friendship and love of country, 14 of for the surrounding communities. Madam er, I rise today to recognize the 440th Airlift these young men went on to serve their coun- Speaker, I urge my colleagues to join me in Wing’s long and distinguished history. It was try during World War II. passing this legislation and creating the formed in 1943 at Baer Field in Indiana, but At the age of 21, Art’s name was at the top Sabinoso Wilderness Area so that everyone has been based at General Mitchell Inter- of the list at the Draft Board 2B in Unionville. will be able to experience its natural and national Airport—Air Reserve Station located As the first from the Farmington Valley to be unique beauty for generations to come. in the Fourth Congressional District, since drafted, Art’s unique status was covered in the f 1957. The airport and Air Reserve Station are Hartford Courant. In 1940, Art joined the Na- RECOGNITION OF ARNOLD ‘‘NUB’’ both named in honor of Brig. Gen. William tional Guard, Company M, 169th Regiment, PORTERFIELD Mitchell, the Milwaukeean who is considered 43rd Division in New Britain. In 1941, the divi- the ‘‘father’’ of the modern Air Force. sion was federalized and sent to train in Camp Blanding in Starke, FL. After his year of serv- HON. NICK J. RAHALL II After moving to Milwaukee, the 440th Troop ice was almost complete on December 7, OF WEST VIRGINIA Carrier Group became the 440th Airlift Wing 1941, it was soon made clear he was not IN THE HOUSE OF REPRESENTATIVES and in 1967, underwent another name change going home. Soon after Pearl Harbor, all of Thursday, June 7, 2007 becoming the Reserve Tactical Airlift Wing. the soldiers at Camp Blanding were asked to The 440th has received many honors includ- sign up for Officer Candidate School. It was Mr. RAHALL. Madam Speaker, I rise today ing: the Air Force Association’s Outstanding not Corporal Neriani, but rather a friend, who to honor the memory of Arnold G. ‘‘Nub’’ Reserve Unit during 1963, 1964, 1966 and signed Art’s name in for consideration. Of the Porterfield of Bluefield, WV. Arnold was a spe- 1968; the Republic of Vietnam Gallantry Cross 26 candidates who stepped forward, only 2 cial and caring man whose commitment to his with Palm, 1968: 14 Feb—11 Mar for airlift op- were accepted—one of which was Art Neriani. community could only be rivaled by his com- erations to the Vietnam Theater; the Air Force After completion of candidate school, Art ar- mitment to his family. He was a loving son, a Outstanding Unit Award for the period Oct rived on the beaches of Normandy as the 2nd loving husband, brother, and uncle. He was, in 1985—30 Sep 1987; the Air Force Out- Lieutenant of the 8th Infantry Division on July short, a loving man. standing Unit Award for the period 2 Oct 4, 1944, referred to as D plus 28 (28 days Anyone who knew Arnold, or ‘‘Nub’’ as 1992—2 Oct 1993; the Air Force Outstanding after D-day). those closest to him referred to him, could not Unit Award for the period 1 Jun 1997—30 Sep In 1945, after the gruesome battle in help but be touched by his generous and car- Huertgen Forest, Germany, Officer Neriani re- ing nature. He took a special interest in the 1998; and in 1998 received the highest score for a Reserve Unit in two years. In 1989, the ceived a battlefield promotion from 2nd Lieu- lives of others, and he often made those lives tenant to 1st Lieutenant. When he was award- a part of his own. He had an uncanny ability 440th was equipped with eight new C–130s. The first C–130H was dubbed ‘‘The Spirit of ed the Bronze Star medal for his leadership to connect with people, to make them feel and courage in battle he refused it. He felt he Wisconsin.’’ comfortable in his presence. He was a good had not earned the decoration. To him, this friend and a great man. The 440th has performed admirably in vir- type of honor and recognition was better Arnold was very dedicated to his country tually every US combat theater and tactical served in honoring the other men—the ones and his community. He served in the U.S. Ma- operation including: the Cuban Missile Crisis; who paid the greatest sacrifice with their lives. rine Corps and served with distinction in both Vietnam Conflict; Operation Desert Storm and 1st Lt. Neriani battled through Europe, liber- World War II and the Korean war. He served Desert Shield in the Persian Gulf States; and ated German and Polish political prisoners the city of Bluefield, WV as a postmaster, a was the first wing unit to deploy members on from Nazi concentration camps, and reached fireman, and as the chief of police. His com- Anti-Terror Operations after the September 11, the end of the war when meeting with Russian mitment to his community exemplified the 2001 assault on America. In fact, ‘‘The Flying allies in May 1945. Of the 14 servicemen from motto of the Marine Corps, ‘‘semper fidelis’’, Badgers’’ have been constantly available to Avon that were sent to war, all but one re- always faithful. provide airlift support, superb aircraft mainte- turned home—Gildo Consolini. It is in honor of After retiring from this distinguished career, nance and security training and support. him that the Avon’s Veterans of Foreign War Nub dedicated his life to spreading his love of Post is named. In 2006 the Base Realignment and Closure books and opened the Appalachian Bookstore A man of honor and courage, Captain Commission (BRAC) ordered the 440th to be in Bluefield. He was a man who loved to read Neriani saw many battles, lost friends and and had a deep desire to share that passion reassigned to Pope Air Force Base in North brothers, and was one of many to bring free- with others. When Nub decided to retire, he Carolina. Flight operations in Milwaukee will dom to Europe. We owe our veterans, those donated the contents of his bookstore, an esti- end in June, 2007 and will resume at the here and now gone, this country’s greatest mated 40,000 volumes, to a very grateful Con- Wing’s new location at Pope AFB. debt of gratitude. I call on my colleagues to cord College Foundation. Madam Speaker, for these reasons, I am join me in paying tribute to men like Art Madam Speaker, in closing, I want to ask honored to pay tribute to the 440th for their Neriani—to the dedicated men and women in this great body to reflect for a moment to stellar performance, dedication and service to our military our proudly serve this Nation and honor the life of a great man, faithful husband my district and to the nation. protect our freedom.

VerDate Mar 15 2010 10:27 May 28, 2010 Jkt 059102 PO 00000 Frm 00016 Fmt 0689 Sfmt 9920 E:\BR07\E11JN7.000 E11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15354 EXTENSIONS OF REMARKS, Vol. 153, Pt. 11 June 11, 2007 THE JUBILEE ACT OF 2007 The Jubilee Act will expand debt cancella- teacher who challenged students to think and tion to all needy and deserving poor countries to commit their thoughts to action. HON. MAXINE WATERS and preserve the benefits that debt cancella- Not only was Buzz an extraordinary teacher OF CALIFORNIA tion has provided to impoverished people and coach, but he was also an involved figure IN THE HOUSE OF REPRESENTATIVES worldwide. I urge all of my colleagues to sup- in the community. He was an active member Thursday, June 7, 2007 port this important legislation to reduce pov- of the Diogenes Club, the Knights of the Vine, erty through much needed debt cancellation and the local International Club of Carmel. Ms. WATERS. Madam Speaker, I am proud reforms. Serving as a volunteer for the Carmel High- to introduce the Jubilee Act for Responsible f lands Fire Dept. was just another hobby of Lending and Expanded Debt Cancellation of Buzz’s and he was later appointed to their 2007. This bill will expand existing debt can- PERSONAL EXPLANATION Board of Directors. cellation programs for the world’s poorest However, Buzz’s greatest gift and passion in countries and ensure that the benefits from HON. RUSH D. HOLT life was his love for literature. He composed debt cancellation will not be eroded by future OF NEW JERSEY hundreds of poems and recited them to his lending to these impoverished nations. many friends. A great accomplishment of Existing debt cancellation programs have IN THE HOUSE OF REPRESENTATIVES freed up resources to reduce poverty in some Thursday, June 7, 2007 Buzz’s was having one of his beautiful poems published in a book illustrated by Eldon of the world’s poorest countries. Cameroon is Mr. HOLT. Madam Speaker, because I was using its savings of $29.8 million from debt Dedini. He had been writing two books as voting in elections in the State of New Jersey well. One of the books was about the joy he cancellation in 2006 for national poverty re- I was not in attendance on June 5th. Had I duction priorities, including infrastructure, so- received from being a teacher; inspired from been in attendance, I would have voted ‘‘yea’’ hundreds of letters he’s received from past cial sector and governance reforms. Uganda is on rollcall No. 426, ‘‘yea’’ on rollcall No. 427, using its savings of $57.9 million on improving students describing the impact he’s made on ‘‘yea’’ on rollcall No. 428, ‘‘yea’’ on rollcall No. them. energy infrastructure to ease acute electricity 429, and ‘‘yea’’ on rollcall No. 430. shortages, as well as primary education, ma- Madam Speaker, Frederic ‘‘Buzz’’ Edward laria control, healthcare, and water infrastruc- f Rainer lived a life that we can all be envious of. Through his admirable life, our community ture. Zambia is using its savings of $23.8 mil- IN HONOR OF FREDERIC ‘‘BUZZ’’ grew greater and stronger with every person lion to increase spending on agricultural EDWARD RAINER projects and to eliminate fees for healthcare in that Buzz came in contact with. His love of rural areas. However, there are many needy life, and of people, will be remembered by all. and deserving poor countries that have yet to HON. SAM FARR Buzz may no longer be with us but his mem- benefit from the cancellation of their debts. OF CALIFORNIA ory will carry on in all those whose lives that The Jubilee Act will make 67 of the world’s IN THE HOUSE OF REPRESENTATIVES Buzz touched. I am honored to have been poorest countries eligible for complete debt Thursday, June 7, 2007 able to have had him as my coach at Carmel cancellation by the United States, the World High School and to have known such an ex- Mr. FARR. Madam Speaker, I rise today to Bank, the International Monetary Fund (IMF), traordinary person. honor Frederic ‘‘Buzz’’ Edward Rainer, an ex- and other bilateral and multilateral creditors. In ceptional teacher and coach who passed order to receive debt cancellation, the govern- f away May 11, 2007. Buzz lived his life to its ments of these countries will be required to al- TRIBUTE TO CRAIG C. MELLO, locate the savings from debt cancellation to- fullest and fought with passion. I offer his wife Barbara, sons Ted and Scott, and daughter Ph.D., 2006 NOBEL LAUREATE IN wards spending on poverty-reduction pro- PHYSIOLOGY OR MEDICINE grams. They will also have to engage inter- Grace, my sincerest condolences. ested parties within their societies, including a Buzz grew up in Claremont, CA, and grad- broad cross-section of civil society groups, in uated from Claremont High School. He met HON. JAMES P. McGOVERN the spending allocation process; produce an his wife of 54 years, Barbara, in the 6th grade OF MASSACHUSETTS annual report on this spending; and make it and they were later married in 1952. Buzz at- IN THE HOUSE OF REPRESENTATIVES tended the University of Southern California publicly available. Thursday, June 7, 2007 Countries would be excluded from receiving where he earned a Bachelor’s Degree and debt cancellation under the Jubilee Act if they Master’s Degree in Education. He was active Mr. MCGOVERN. Madam Speaker, as the have an excessive level of military expendi- in sports, especially track, where he set school House prepares today to vote on final pas- tures; provide support for acts of international records. After gaining his Master’s, Buzz and sage of S.5, the Stem Cell Research En- terrorism; fail to cooperate on international Barbara moved to Carmel, CA, where Buzz hancement Act, I am again reminded of the narcotics control matters; or engage in a con- began a long and passionate career as a extraordinary contributions one of my constitu- sistent pattern of human rights violations. teacher and coach. Buzz taught at Carmel ents has made to the life sciences. Dr. Craig Countries also would be excluded if they lack High School for 33 devoted years and 8 years C. Mello of Shrewsbury, Massachusetts won transparent and effective budget execution at The York School in Monterey. He coached the 2006 Nobel Prize in the field of Physiology and public financial management systems to a range of sports at Carmel High including or Medicine for his revolutionary discovery of ensure that the savings from debt cancellation football, track, basketball, and golf. RNA interference and the gene silencing proc- would be spent on reducing poverty. Buzz’s teaching career was extensive and ess. Earlier this year, the University of Massa- The Jubilee Act will establish a framework was not confined to the Monterey Bay. In chusetts Medical School honored its most fa- for responsible lending in order to preserve 1963 he took a one year sabbatical to Cam- mous faculty member with a tribute that I was the benefits that debt cancellation has pro- bridge University in England and later in 1978 regretfully unable to attend. However, on May vided to poor countries and their people. The he spent a year at the University of Edinburgh 2nd I had the distinct privilege of introducing Jubilee Act requires the United States Sec- in Scotland. Taking a 2-year leave of absence Dr. Mello at a luncheon for all of the 2006 retary of the Treasury to take action to end the from Carmel High School in 1967, Buzz taught Nobel Laureates hosted by my colleagues and predatory practices of ‘‘vulture funds,’’ private English at the American Community School of the Science Coalition here in the Capitol. investment funds that buy up the debts of poor Athens in Greece. His love for teaching was It seems only fitting on this historic day in countries at reduced prices just before these truly a gift and he was often caught saying ‘‘I the United States House of Representatives countries receive debt cancellation and then never really worked a day in my life.’’ that I humbly submit for the RECORD my intro- sue these countries to recover the original He had a passion for using his gift of poetry duction of Dr. Mello at that recent program. I value of the debts plus interest. Finally, the to motivate school spirit and its athletic teams. do this not only to highlight his achievement Jubilee Act will require the Secretary of the I remember, during my school years, Coach but to also to emphasize the fact that this vi- Treasury to develop and promote policies to Rainer getting all the ‘‘jocks’’ in his class and tally important research is being led by Amer- prevent bilateral, multilateral and private credi- turning them into English majors. He knew ica’s most brilliant, thoughtful and committed tors from eroding the benefits of debt cancella- how to put passions to words, and meaning to scientists who are dedicated to improving the tion through irresponsible or exploitive lending. learning, that no one ever forgot. He was a lives of all people everywhere.

VerDate Mar 15 2010 10:27 May 28, 2010 Jkt 059102 PO 00000 Frm 00017 Fmt 0689 Sfmt 9920 E:\BR07\E11JN7.000 E11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 11 15355 CONGRESSMAN JAMES P. MCGOVERN— It is now my distinct pleasure to introduce honors their service and respects their sac- INTRODUCTION OF CRAIG C. MELLO, PHD. Dr. Craig Mello, the winner of the 2006 Nobel rifice. You can’t put a price on that. Good afternoon. I want to begin by thank- Prize in Physiology or Medicine and to On June 12, as the Defense Department ing all of my colleagues who are here today present him with this resolution. marks the return of the 500,000th soldier and, in particular, Chairman Bart Gordon f home for R&R, it is fitting that D/FW Inter- and Congressman McNerney for their work in organizing this Nobel Laureate Luncheon INTRODUCTION OF THE NORTH national Airport has been selected to host this as well as the House Resolution honoring our MAUI COASTAL PRESERVATION celebration, precisely because of the success distinguished guests. I also want to thank ACT of the ‘‘Welcome Home a Hero’’ program and the Science Coalition for their assistance in the outpouring of support that Texans have coordinating this program and all of the ac- shown for our men and women in uniform. tivities our Nobel Laureates are partici- HON. MAZIE K. HIRONO I salute our soldiers, their families, and the OF HAWAII pating in today. great Americans who have volunteered to You know, if you work in this building IN THE HOUSE OF REPRESENTATIVES long enough you come in contact with some honor them. Thank you for your dedicated very impressive people; world leaders, movie Thursday, June 7, 2007 service to country. actors, artists, authors and every kind of ce- Ms. HIRONO. Madam Speaker, I rise today f lebrity. to introduce the North Maui Coastal Preserva- Well, I’ve now worked in this building for MENTORING AMERICA’S CHILDREN more than half my life—fourteen years as an tion Act of 2007, a bill directing the National ACT OF 2007 aide to the late Congressman Joe Moakley Park Service to study the suitability and feasi- and ten years as a member of Congress my- bility of designating certain lands along the self—and I’m here to tell you that few people northern coast of Maui, between Sprecklesville HON. SUSAN A. DAVIS have impressed me more than Dr. Craig and Paia, as a unit of the National Park Sys- OF CALIFORNIA Mello. That’s not just because he is my con- tem. IN THE HOUSE OF REPRESENTATIVES stituent and works at the finest medical The citizens of Maui strongly support pres- school—public or private—in the world, the Thursday, June 7, 2007 ervation of this coast, which provides impor- University of Massachusetts Medical School Mrs. DAVIS of California. Madam Speaker, in my hometown of Worcester. It is also not tant open space and public beach areas. Thousands of post cards in support of creating I rise today to introduce legislation strength- just because Craig Mello and I have so much ening the link between high-quality mentoring in common. We are both tall with full heads- a national park or national seashore along this of-hair as you can tell. Notwithstanding coast have been sent to me and to my prede- and public education in the United States. these similarities, I am—in all seriousness— cessor. The Mentoring America’s Children Act of very proud to be here today to introduce and This beautiful coastline is under significant 2007 will improve upon the current efforts to congratulate Dr. Mello for far less obvious development pressure. Its closeness to major match high-quality and responsible mentors but much more important reasons. with children in need of a strong role model. He and his colleague, Dr. Andrew Fire, population centers in Maui and its popularity with both visitors and residents makes pro- In 2002, the U.S. Department of Education have blown open a whole new field of bio- began granting funding directly to community medical research with their revolutionary tecting access a major concern. discovery of RNA interference and the gene Supporters of this park have asked that it be organizations and schools to establish or ex- silencing process. Together, they have named after Congresswoman Patsy Takemoto pand mentoring opportunities. Since then, over brought renewed hope to millions of people Mink, a native of Maui who grew up in the $200 million has been allocated contributing to who are suffering from countless debilitating Hamakua Poko/Paia area. While this bill, a 20 percent increase in the number of chil- diseases and genetic disorders. The potential which authorizes a study, does not direct what dren benefiting from a mentor. for new therapies for cancer, heart disease, The Mentoring America’s Children Act sets and diabetes among several other diseases the prospective national park would be named, I would certainly support naming it after Patsy out to expand and build upon this success. By has never been greater as a result of their ex- increasing the availability and quality of the traordinary achievement. Mink, whose commitment to the people of the In fact, their research may one day even island and state was without question. grants available through the Department of have the added benefit of helping one of Dr. I urge my colleagues to join me in sup- Education, the mentoring program will reach Mello’s own children who is diabetic. I can’t porting this bill. more children in need while enhancing quality. even imagine how gratifying that must be The bill will also tie mentoring programs f for Dr. Mello and it is surely a source of funding more closely with the important role pride that extends even beyond the prestige RECOGNIZING D/FW INTER- mentors can play in improving a young per- of winning a Nobel Prize. It is also a poign- NATIONAL AIRPORT’S ‘‘WELCOME son’s academic standing and the learning en- ant reminder for all us in public service about how deeply personal and incredibly HOME A HERO’’ PROGRAM vironment. The legislation would broaden the important it is for this research to continue. reach of mentoring to include a number of You know, I’m not aware of any other HON. CHET EDWARDS specific populations of young people who Nobel Laureates in my congressional district OF TEXAS could benefit from a strong role model. but that’s not to say it hasn’t been home to IN THE HOUSE OF REPRESENTATIVES Finally, the legislation also authorizes the other distinguished figures in our nation’s Department of Education to conduct high-qual- history. Horace Mann, widely regarded as Thursday, June 7, 2007 ity research into successful school-based the father of the American education sys- Mr. EDWARDS. Madam Speaker, I rise mentoring programs. Through this research, tem, served first in the Massachusetts Legis- lature and later as a member of this House, today to offer some well-deserved thanks to plus improved data collection and tracking, we was born in Franklin, Massachusetts—in my those involved in the ‘‘Welcome Home a will better understand the impact of mentoring congressional district. Hero’’ program. These patriotic ambassadors and can continue to refine program practices After serving in Congress, Horace Mann of good will volunteer at the Dallas-Fort Worth to best meet the needs of children. ended his career as President of Antioch Col- International Airport to welcome home the Mentoring is a critical element in a child’s lege and in his final valedictory address to brave service men and women who protect social, cognitive and emotional development. the graduating class of 1859, he said this: ‘‘Be ashamed to die until you have won America abroad. When it comes to education, a healthy rela- some victory for Humanity.’’ As I travel through my district, constituents tionship with a mentor plays a key role in im- Well, Dr. Mello, there is no doubt that you ask me what they can do to show appreciation proving the learning environment for a young have scored a triumphant victory for all of for the service and sacrifices of our military. person. Students with a responsible mentor Humanity. I am both humbled and inspired ‘‘Welcome Home A Hero’’ volunteers at the have better attendance and are more con- by what you have accomplished. And, I am Dallas- Fort Worth International Airport are nected to their school, schoolwork, and teach- also deeply grateful for all that you’ve done great examples of how to give back to the ers. They perform better in school and are since winning the Nobel Prize to support funding for public education in Shrewsbury, community and help our soldiers start their 2 more likely to graduate and go on to higher Massachusetts and elsewhere. Your gen- weeks of rest and recuperation at home on a education. erosity and commitment to that cause is high note. Because of the compassion and It is an honor to introduce this legislation even further evidence that you are deserving good cheer of ‘‘Welcome Home A Hero’’ vol- with a number of my colleagues on the House of the accolades you have rightly received. unteers, our troops know that a grateful nation Mentoring Caucus and others dedicated to the

VerDate Mar 15 2010 10:27 May 28, 2010 Jkt 059102 PO 00000 Frm 00018 Fmt 0689 Sfmt 9920 E:\BR07\E11JN7.000 E11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15356 EXTENSIONS OF REMARKS, Vol. 153, Pt. 11 June 11, 2007 noble cause of mentoring. It was also an national award celebrates innovators who through scouting, scholarships and anti-drug honor to work directly with the MENTOR/Na- have made significant contributions to improv- programs; and assist oppressed Jews world- tional Mentoring Partnership, Big Brothers Big ing the quality of medication delivery for pa- wide. Sisters of America and the National Collabora- tients and caregivers. Mr. Rosenshein served in the U.S. Army on tion for Youth to develop this legislation. Los Angeles County is home to more than active duty from December 8, 1964 until De- Madam Speaker, I urge consideration of this 2.7 million uninsured residents, many of whom cember 7, 1966. He joined the Jewish War legislation. rely on their local health care clinic for needed Veterans of the United States of America in f health services. USC’s Community Pharmacy January 1970. Since 1970, he has been an Group earned this honor for their work to active member of David Blick Post 63 of Eliza- RECOGNIZING NINA TINARI serve patients in eight safety-net clinics in un- beth, NJ. During that time Mr. Rosenshein has derserved neighborhoods in Los Angeles, in- held all of the post offices until finally in Au- HON. PATRICK J. MURPHY cluding the JWCH Medical Clinic at the gust of 2006 when he was elected National OF PENNSYLVANIA Weingart Center located in the heart of down- Commander. In addition to the Jewish War Veterans, Mr. IN THE HOUSE OF REPRESENTATIVES town Los Angeles’ Skid Row. Recognizing that community pharmacists Rosenshein is active in his congregation, hav- Thursday, June 7, 2007 are often the most accessible health care pro- ing served as their Vice President. Because of Mr. PATRICK J. MURPHY of Pennsylvania. fessionals for many underserved patients, his expertise, Mr. Rosenshein was appointed Madam Speaker, I rise today to recognize the USC has trained pharmacists along with resi- to the New Jersey Healthcare System Vet- achievements of Nina Tinari, who was recently dents and students to provide disease man- erans Stakeholder Advisory Group in 1995 selected by Women Making a Difference, Inc. agement services to high-risk patients, and and presently serves on their committees. I as one of Philadelphia’s Next Generation of has helped community clinics purchase lower- applaud Mr. Rosenshein’s whole hearted com- Women Leaders. cost medication. USC pharmacists work di- mitment to the Jewish War Veterans. He has Madam Speaker, Nina began her career in rectly with patients with chronic diseases re- proved himself a tenacious advocate and his government as an intern in the Press Office of quiring ongoing medication and lifestyle continuous contribution for their welfare and Mayor Martin O’Malley of Baltimore, Maryland. changes. By implementing pharmacist-based wellbeing is truly commendable. Upon graduation from college, she worked as disease management services and education f a volunteer in the campaign office of Mayor at these clinics, the USC Community Phar- FIRST PRESBYTERIAN CHURCH OF Rendell who was running for Governor of macy Group has demonstrated significant im- MARQUETTE Pennsylvania. After his successful bid for Gov- provements in health outcomes directly attrib- ernor, she transferred to Harrisburg to serve uted to pharmacist interventions. HON. BART STUPAK as Assistant to the Executive Director of the Prior to the start of the project, none of the OF MICHIGAN Inaugural Committee. eight clinics had a pharmacist available to pro- IN THE HOUSE OF REPRESENTATIVES Nina was then offered the position of Spe- vide pharmaceutical care to patients in the cial Assistant in the Office of Public Liaison. clinic. Pharmacists have reduced drug costs at Thursday, June 7, 2007 Soon thereafter, she became Deputy Director the clinics by utilizing patient assistance pro- Mr. STUPAK. Madam Speaker, I rise to of Scheduling and Advance in the Governor’s grams and formulary products. The results honor faithful people and an important historic Office. She advanced to the position of Deputy were outstanding; patients with chronic condi- landmark in my district, the First Presbyterian Press Secretary and Communications Man- tions increased their use of appropriate medi- Church of Marquette, Michigan. For a century ager where she served as a liaison between cations and improved control of their illnesses. and a half, the First Presbyterian Church of State agencies and the Governor’s Office, Madam Speaker, I applaud USC for their Marquette has served as a place of worship managed releases and press briefings, and commitment to improving health outcomes for for the residents of Marquette and surrounding pro actively promoted the policy agenda of low-income patients in Los Angeles. It is my communities in Michigan’s Upper Peninsula Governor Rendell. hope that the recognition USC receives (U.P.). Throughout its rich history, the church Ms. Tinari has a B.A. in Communications through the Pinnacle Award will prompt other and its congregation have served as an an- with a concentration in Public Relations from communities to try similar successful interven- chor to the community and offered important Loyola College in Maryland, a Certificate in tions. Together, through these types of efforts, social services to those in the area. Non Profit Leadership and Management from we can improve the quality of life for millions In October of 1855, a small group of people the Fels Institute of Government—University of of underserved Americans in need of quality met and considered putting together an orga- Pennsylvania, and is presently a candidate for health care. nization for a Presbyterian Society in Mar- a masters in Government Administration from f quette. A month after this initial meeting, this the Fels Institute of Government—University of small group purchased a piece of land on Pennsylvania. RECOGNIZING AND HONORING which to erect a church. Called the ‘‘Session Madam Speaker, as the first woman Speak- NORMAN ROSENSHEIN, NA- House,’’ the building originally stood on the er and someone who is extremely proud of TIONAL COMMANDER OF THE corner of Baraga Avenue and Fourth Street in her Italian heritage, I ask you and all of our JEWISH WAR VETERANS OF THE Marquette. In June of 1857, the original 18 colleagues to congratulate an up-and-coming UNITED STATES OF AMERICA members of the Presbyterian Society called a leader. A woman who is working hard to blaze meeting and elected its first elders. The Rev- a trail for her generation—Nina Tinari. HON. DEBBIE WASSERMAN SCHULTZ erend Jonathan A. Woodruff was named the f OF FLORIDA first temporary pastor. During these early IN THE HOUSE OF REPRESENTATIVES years of the church, a Sunday School was COMMENDING THE UNIVERSITY OF started and common functions such as bap- Thursday, June 7, 2007 SOUTHERN CALIFORNIA FOR tisms and marriages were performed. WINNING THE PINNACLE AWARD Ms. WASSERMAN SCHULTZ. Madam By 1865, the size of the First Presbyterian Speaker, I would like to recognize and honor Church’s congregation had increased dramati- HON. LUCILLE ROYBAL-ALLARD Norman Rosenshein, Commander of the Jew- cally and the congregation determined that a OF CALIFORNIA ish War Veterans of the United States of larger church was necessary. In 1867, a large IN THE HOUSE OF REPRESENTATIVES America for his tireless efforts and dedication brick and stone structure was erected on the on behalf of America’s veterans. Jewish War corner of Front and Bluff Streets in Marquette, Thursday, June 7, 2007 Veterans of the USA, is the oldest active vet- Michigan. In the summer of 1868, a horrific Ms. ROYBAL-ALLARD. Madam Speaker, I erans association in the United States, found- fire swept through the downtown area of Mar- rise today to congratulate the University of ed by civil war veterans in 1896. Today, the quette, destroying practically every building in Southern California School of Pharmacy, lo- Jewish War Veterans of the USA is dedicated the area. Nonetheless, the structure of the cated in my Congressional district, on receiv- to those programs that support the needs of First Presbyterian Church survived and the ing the 2007 Pinnacle Award from the Amer- our veterans’ community; combat anti-Semi- church was finished and dedicated in Novem- ican Pharmacists Association Foundation. This tism and bigotry; support American youth ber of 1868.

VerDate Mar 15 2010 10:27 May 28, 2010 Jkt 059102 PO 00000 Frm 00019 Fmt 0689 Sfmt 9920 E:\BR07\E11JN7.000 E11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 11 15357 Sadly, this structure was destroyed in a sec- RECOGNITION OF SPC JEREMIAH the IT operations at the Baseball Hall of ond fire that occurred in 1931. Nonetheless, ‘‘JEREMY’’ DAVID COSTELLO Fame. The Mitzvah group seeks out opportu- the congregation of the First Presbyterian nities to make the community a better place, Church remained united in their faith and con- HON. JOHN SHIMKUS with particular emphasis on brightening the lives who really need it—much as Marc tinued to hold services in various locations. OF ILLINOIS Appelbaum did for Nathan LeBron in his Two faithful church members left a bequest, IN THE HOUSE OF REPRESENTATIVES youth. allowing the church to be rebuilt in 1935. The Thursday, June 7, 2007 I commend the men and women who work 1935 structure exhibits the architecture of the Mr. SHIMKUS. Madam Speaker, I rise today with this scholarship fund and who make the English Gothic period and stained glass win- to recognize the life of Army Specialist Jeremy social action mission of the Michelle Mitzvah dows inspired by 13th century churches. The Costello. Spc. Costello was a motor transport Group come to life. And, I commend Andrea 1935 building still stands today. operator who was recently killed by an impro- and Deniss for their accomplishments. There is little doubt that they, in turn, will do tremen- Throughout its history, the church has pro- vised explosive device while fighting for free- dom in Iraq. dous things to brighten the lives of others as vided not only a place to worship, but a valu- well. able center of social services to the entire Costello was a 22 year-old from Carlinville, Illinois who was assigned to 5th Battalion, f Marquette community. In the late 1970s, an 82nd Field Artillery Regiment, 4th Brigade, 1st adult day care center was started at the RECOGNIZING MINNA ZHOU OF Cavalry Division out of Fort Bliss, TX. WOODBURY, MINNESOTA church for elderly community members in Costello is survived by his 4-year old daugh- rooms furnished to meet a variety of needs. ter of Alton. I am proud of the service this The program remains active today and serves young man gave to our country and the serv- HON. MICHELE BACHMANN OF MINNESOTA approximately thirty people a week, providing ice his fellow troops perform everyday. Not IN THE HOUSE OF REPRESENTATIVES vital services to some of the most vulnerable enough can be said about Spc. Costello. members of the Marquette community. Some of his awards and decorations speak to Thursday, June 7, 2007 what a great soldier and man he was; the Mrs. BACHMANN. Madam Speaker, I rise The genesis of the adult day care center Combat Action Badge and Driver and Me- today to recognize Minna Zhou of Woodbury, stemmed from another valuable program at chanic Badge. It is troops like Costello that are Minnesota, who was recently chosen as a the church, the ‘‘Lunch Bunch,’’ a social event risking their lives day in and day out to ensure 2007 Young Woman of Distinction by the Girl at the church targeting elderly residents. Mem- our freedom here at home and to others Scouts of the United States of America. bers of the congregation cook lunch and make throughout the rest of the world. My best wish- Minna has proven herself to be an out- it available to anyone who wishes to attend, es go out to his family and all the troops fight- standing young woman through her involve- primarily elderly members of the community. ing to ensure freedom and democracy. May ment in Girl Scouts, for which she has re- ceived their highest honor, the Gold Award. One of the church’s newer programs, ‘‘Ste- God bless him and may God continue to bless America. She has also become involved. in her com- phen Ministry,’’ was brought to the church in f munity by developing and teaching biweekly 1984. The program trains congregation mem- classes to adopted Chinese children focusing bers in pastoral counseling. Individuals under- HONORING THE ACCOMPLISH- on Chinese language, culture, holidays, music going emotional stress due to bereavement or MENTS OF ANDREA WATKINS and dance. divorce can seek a Stephen Ministry counselor AND DENISS QUINTANILLA- At the same time, Minna has published a and receive confidential one-on-one advice. In CERON newsletter sharing this information with her short, the program has enlisted members of students’ parents, to create a mutual under- the First Presbyterian Church of Marquette to HON. SCOTT GARRETT standing and appreciation of their children’s background, and helped her students organize counsel friends and neighbors during difficult OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES a recital showcasing their knowledge. times in their lives. Madam Speaker, I applaud the important By organizing and hosting panel discus- Thursday, June 7, 2007 goals of Minna’s classes, and I am extremely sions, the church has also served as a forum Mr. GARRETT of New Jersey. Madam proud of Minna’s dedication to volunteerism in where social problems in the community can Speaker, I rise today to commend two out- her community. She is a remarkable young be debated and discussed. In some cases, standing seniors at Eastside High School in leader, and I hope my colleagues will join me these discussions have yielded important inno- Paterson, Andrea Watkins and Deniss in recognizing her accomplishments. vative solutions. For example, one panel dis- Quintanilla-Ceron. These young people are f this year’s recipients of the Nathan LeBron cussion resulted in the founding of the Medical RECOGNIZING BORDEN Scholarship Fund for their commitment to their Care Access Coalition, a collaboration of phy- education and to their futures. sicians and pharmacists throughout the area Eastside High School may sound familiar— HON. SAM GRAVES willing to offer free services to uninsured resi- it is the school featured in the 1989 movie, OF MISSOURI dents in Marquette County. Lean On Me. Many of the young men and IN THE HOUSE OF REPRESENTATIVES Madam Speaker, on Saturday, the First women who attend that school face a wide va- Friday, June 8, 2007 Presbyterian Church of Marquette will cele- riety of challenges and must overcome much Mr. GRAVES. Madam Speaker, I rise today brate 150 years of dedicated service to the to achieve their goals for a brighter future. The to join Borden as they celebrate their 150th LeBron scholarship is one way that the com- Marquette community. The church and its con- anniversary. munity can demonstrate its support for their For those who are not familiar with Borden, gregation have been blessed with dedicated endeavors. Both Andrea and Deniss possess it was founded in 1857 by Gail Borden and pastors who have demonstrated great vision in the brilliance of spirit that will turn this small was originally known as the New York Con- building upon the teachings of Jesus Christ show of support into an extraordinary future. densed Milk Company. Borden invented the and the principles found in the Bible to offer a The scholarship is given in partnership with innovative process of condensing milk, allow- place of worship as well as critical social serv- the Michelle Mitzvah Group of Beth Haverim. ing for the first time, milk to be kept pure and ices to their brothers and sisters of Marquette Both are named for people who exemplify per- storable without refrigeration. This allowed for County. I would ask that you, Madam Speak- severance and love of life. Nathan LeBron milk to be safely distributed over long dis- er, and the entire U.S. House of Representa- was a cancer survivor. Michelle was a young tances. Borden’s condensed milk played an in- tives join me in saluting the First Presbyterian girl he met before she succumbed to leu- tricate role in sustaining the Union Army dur- Church and its faithful congregation upon its kemia. Nathan came from a troubled home, ing the Civil War. but with the love and support of Michelle’s fa- Borden revolutionized the dairy industry sesquicentennial celebration. ther, Marc Appelbaum, he went on to graduate again in 1900 with the ‘‘Dairyman’s Ten Com- college, earn a masters at Harvard, and head mandments,’’ which taught dairymen how to

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Borden’s lovable spokesman, Elsie the Cow, enforcement tool to address the most serious Madam Speaker, I proudly ask you to join was created in 1938 by David William Reid. child labor violations, deter repeat occurrences me in commending Charles Crowe for his ac- Through appearances in magazines, news- and further strengthen its enforcement of laws complishments with the Boy Scouts of Amer- papers and tours around the country Elsie that protect children. ica and for his efforts put forth in achieving the gained popularity, rivaling Mickey Mouse, and There is much that must be done to highest distinction of Eagle Scout. she made her film debut in the classic Little strengthen our child labor laws, and this bill is f Men. Today, she ranks in the top 10 adver- the foundation for future action that I hope my tising icons of the 20th century. Subcommittee on Workforce Protections of the ZACHERY R. BODE FOR THE In 1995 Borden Inc. was sold to the invest- Committee on Education and Labor will take AWARD OF EAGLE SCOUT ment firm of Kohlberg Kravis Roberts & Co. on these issues. Then, in 1997 the Borden brand and Elsie’s f HON. SAM GRAVES image were bought by Mid-America Dairymen OF MISSOURI CHARLES T. ORTMAN FOR THE Inc., which would eventually merge with other IN THE HOUSE OF REPRESENTATIVES cooperatives to form Dairy Farmers of Amer- AWARD OF EAGLE SCOUT Friday, June 8, 2007 ica. Madam Speaker, I proudly ask you to join HON. SAM GRAVES Mr. GRAVES. Madam Speaker, I proudly me in recognizing Borden on their 150th anni- OF MISSOURI pause to recognize Zachery R. Bode, a very versary and their many accomplishments and IN THE HOUSE OF REPRESENTATIVES special young man who has exemplified the contributions to the dairy industry over the finest qualities of citizenship and leadership by years. Friday, June 8, 2007 taking an active part in the Boy Scouts of f Mr. GRAVES. Madam Speaker, I proudly America, Troop 1395, and by earning the most pause to recognize Charles T. Ortman, a very prestigious award of Eagle Scout. RECOGNIZING TYLER FREDERICK special young man who has exemplified the Zachery has been very active with his troop, FOR ACHIEVING THE RANK OF finest qualities of citizenship and leadership by participating in many scout activities. Over the EAGLE SCOUT taking an active part in the Boy Scouts of years Zachery has been involved in scouting, America, Troop 1395, and by earning the most he has earned 32 merit badges and held nu- HON. SAM GRAVES prestigious award of Eagle Scout. merous leadership positions, serving as assist- OF MISSOURI Charles has been very active with his troop, ant senior patrol leader, assistant patrol lead- IN THE HOUSE OF REPRESENTATIVES participating in many Scout activities. Over the er, patrol leader, and chaplains aide. Zachery Friday, June 8, 2007 years Charles has been involved in Scouting, is also a member of the Tribe of Mic-O-Say he has earned 28 merit badges and held nu- and a Brotherhood member of the Order of Mr. GRAVES. Madam Speaker, I proudly merous leadership positions, senior patrol the Arrow. pause to recognize Tyler Frederick, a very leader, patrol leader, den chief, Order of the For his Eagle Scout project, Zachery placed special young man who has exemplified the Arrow representative, and instructor. Charles safety signs and evacuation procedures finest qualities of citizenship and leadership by is also a member of the Tribe of Mic-O-Say. throughout the church and school at Pine taking an active part in the Boy Scouts of Charles is also a Brotherhood member of the Ridge Presbyterian Church and School. America, Troop 69, and in earning the most Order of the Arrow. Madam Speaker, I proudly ask you to join prestigious award of Eagle Scout. For his Eagle Scout project, Charles poured me in commending Zachery R. Bode for his Tyler has been very active with his troop, a concrete sidewalk around the side of Pine accomplishments with the Boy Scouts of participating in many scout activities. Over the Ridge Presbyterian Church. America and achieving the highest distinction many years Tyler has been involved with Madam Speaker, I proudly ask you to join of Eagle Scout. scouting, he has not only earned numerous me in commending Charles T. Ortman for his merit badges, but also the respect of his fam- f accomplishments with the Boy Scouts of ily, peers, and community. America and for his efforts put forth in achiev- SEAN TYLER COWDEN FOR THE Madam Speaker, I proudly ask you to join AWARD OF EAGLE SCOUT me in commending Tyler Frederick for his ac- ing the highest distinction of Eagle Scout. f complishments with the Boy Scouts of Amer- HON. SAM GRAVES ica and for his efforts put forth in achieving the CHARLES CROWE FOR THE AWARD OF MISSOURI highest distinction of Eagle Scout. OF EAGLE SCOUT f IN THE HOUSE OF REPRESENTATIVES Friday, June 8, 2007 THE CHILD LABOR PROTECTION HON. SAM GRAVES ACT OF 2007 OF MISSOURI Mr. GRAVES. Madam Speaker, I proudly IN THE HOUSE OF REPRESENTATIVES pause to recognize Sean Tyler Cowden, a HON. LYNN C. WOOLSEY very special young man who has exemplified Friday, June 8, 2007 the finest qualities of citizenship and leader- OF CALIFORNIA Mr. GRAVES. Madam Speaker, I proudly ship by taking an active part in the Boy Scouts IN THE HOUSE OF REPRESENTATIVES pause to recognize Charles Crowe, a very of America, Troop 1395, and by earning the Friday, June 8, 2007 special young man who has exemplified the most prestigious award of Eagle Scout. Ms. WOOLSEY. Madam Speaker, the Child finest qualities of citizenship and leadership by Sean has been very active with his troop, Labor Protection Act of 2007 is a narrowly taking an active part in the Boy Scouts of participating in many scout activities. Over the drafted bipartisan bill that amends the Fair America, Troop 1395, and by earning the most years Sean has been involved in scouting, he Labor Standards Act, FLSA, to increase civil prestigious award of Eagle Scout. has earned 29 merit badges and held numer- penalties for those who violated child labor Charles has been very active with his troop, ous leadership positions, serving as assistant provisions. Specifically, it would: Increase pen- participating in many Scout activities. Over the patrol leader, patrol leader, den chief, and his- alties from $11,000 to $50,000 for violations years Charles has been involved in Scouting, torian. Sean is also a member of the Tribe of that cause death or serious injury; provide that he has earned 33 merit badges and held nu- Mic-O-Say and Brotherhood member of the the penalty can be doubled when the violation merous leadership positions, serving as assist- Order of the Arrow. causing death or serious injury is repeated or ant senior patrol leader, assistant patrol lead- For his Eagle Scout project, Sean painted willful; and provide that the $50,000 penalty er, patrol leader, quartermaster, and librarian. house numbers on the street of a local hous- can be assessed for each violation. Charles is also a member of the Tribe of Mic- ing division. This legislation does not make the imposi- O-Say. Charles is also a Brotherhood member Madam Speaker, I proudly ask you to join tions of penalties mandatory—whether or not of the Order of the Arrow. me in commending Sean Tyler Cowden for his

VerDate Mar 15 2010 10:27 May 28, 2010 Jkt 059102 PO 00000 Frm 00021 Fmt 0689 Sfmt 9920 E:\BR07\E11JN7.000 E11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 11 15359 accomplishments with the Boy Scouts of many years Shane has been involved with sponsored an anti-gun ordinance in 1991 and America and for his efforts put forth in achiev- scouting, he has not only earned numerous was instrumental in including gay, lesbian, bi- ing the highest distinction of Eagle Scout. merit badges, but also the respect of his fam- sexual, and transgender people in anti-dis- f ily, peers, and community. crimination laws. Mr. Kelly was also influential Madam Speaker, I proudly ask you to join in revamping a tax abatement ordinance which 200TH ANNIVERSARY OF THE me in commending Shane Darwin Pope II for has fostered millions of dollars of new invest- TOWN OF CICERO, NEW YORK his accomplishments with the Boy Scouts of ment in our community. Committees he sat on America and for his efforts put forth in achiev- included the Information and Technology com- HON. JAMES T. WALSH ing the highest distinction of Eagle Scout. mittee and the Community and Economic De- OF NEW YORK f velopment committee, and he was chairperson IN THE HOUSE OF REPRESENTATIVES of the Community Relations committee. For RECOGNIZING WILLIAM PAYNE Friday, June 8, 2007 his dedication to the community, Mr. Kelly was FOR ACHIEVING THE RANK OF inducted into the South Bend Community Hall Mr. WALSH of New York. Madam Speaker, EAGLE SCOUT of Fame in 2001. I rise today in recognition of the town of Cic- Our community has lost a beloved family ero’s 200th anniversary. Located on the south- member, generous friend, devoted father, dot- ern shore of Oneida Lake, the town of Cicero HON. SAM GRAVES OF MISSOURI ing grandfather, and Notre Dame’s most en- serves as a northern suburb of metropolitan thusiastic fan. He was described as a ‘‘ham at Syracuse. The town was named after the IN THE HOUSE OF REPRESENTATIVES heart’’ and was often seen performing in the- great Roman orator Marcus Tullius Cicero. Friday, June 8, 2007 The town of Cicero was one of the town- atre and music groups. Off-stage, Mr. Kelly Mr. GRAVES. Madam Speaker, I proudly never missed an opportunity to share a witty ships of the former Central New York Military pause to recognize William Payne, a very spe- Tract. The CNY Military Tract was land re- story. cial young man who has exemplified the finest Mr. Kelly leaves behind three children, served for soldiers who served in the Amer- qualities of citizenship and leadership by tak- seven grandchildren, a great-grandson, and ican Revolution. Cicero became a part of the ing an active part in the Boy Scouts of Amer- countless friends. His ever-present energy and town of Lysander when Onondaga County ica, Troop 75, and in earning the most pres- humor will be dearly missed. It is with great was formed in 1794. The town of Cicero split tigious award of Eagle Scout. pride that I celebrate the life and service of from the town of Lysander in 1807. The town William has been very active with his troop, Roland Kelly. of Cicero also included the town of Clay until participating in many scout activities. Over the f 1827 when the township was divided. many years William has been involved with The town contains a rich history on involve- scouting, he has not only earned numerous RECOGNIZING THE TRAVIS RE- ment within Central New York. The town of merit badges, but also the respect of his fam- GIONAL ARMED FORCES COM- Cicero was crucial to the building of the Erie ily, peers, and community. MITTEE ON THE OCCASION OF Canal. The construction of the canal brought Madam Speaker, I proudly ask you to join THEIR 10-YEAR ANNIVERSARY many settlers into the town, expanding its me in commending William Payne for his ac- growth. The town of Cicero was also exten- complishments with the Boy Scouts of Amer- sively involved within the salt industry. The HON. ELLEN O. TAUSCHER ica and for his efforts put forth in achieving the salt industry provided many people with jobs, OF CALIFORNIA highest distinction of Eagle Scout. either making barrels or in furnishing lumber. IN THE HOUSE OF REPRESENTATIVES When the salt mines dried up, the town’s resi- f Monday, June 11, 2007 dents turned to the agriculture and dairy in- CELEBRATING THE LIFE OF RO- Mrs. TAUSCHER. Madam Speaker, I rise to dustries. LAND KELLY OF SOUTH BEND, recognize the Travis Regional Armed Forces Over its history, the town of Cicero has INDIANA Committee (TRAFC) as they celebrate their changed drastically. From a small farming 10-year anniversary. community, Cicero has transformed into one HON. JOE DONNELLY The TRAFC is comprised of over 150 busi- of the fastest growing suburbs of the region. ness and civic leaders who work together to It has been an honor for me to represent OF INDIANA support the men and women of Travis Air the town of Cicero and its citizens for close to IN THE HOUSE OF REPRESENTATIVES Force Base. The mission of the TRAFC is to 20 years. The town of Cicero has provided the Monday, June 11, 2007 ‘‘maintain liaison with personnel at Travis Air Central New York region with a prime example Mr. DONNELLY. Madam Speaker, today I Force Base, promote the mission of the base of a successful township filled with great peo- rise to honor the life of Roland Kelly, a 16- to the community, and enhance the impor- ple. The residents of the town of Cicero year member of the South Bend Common tance of the facility as an instrument of na- should be proud of their rich heritage. I con- Council, World War II veteran, and beloved tional security.’’ gratulate them as they celebrate their first 200 member of the community. Mr. Kelly lost his The TRAFC meets monthly on base to re- years, and wish them nothing but the best for battle with a strep infection on May 26, 2007. ceive updates from the Commanders of the next 200 more. Born and raised in Port Chester, New York, 60th AMW, 349 AMW Reserve, and 615 CRW f Mr. Kelly enlisted in the United States Navy at and to recognize airmen from the various RECOGNIZING SHANE DARWIN age 17 to serve in WWII. He graduated from wings for going ‘‘above and beyond’’ in their POPE II FOR ACHIEVING THE the University of Notre Dame in 1950 and re- service. RANK OF EAGLE SCOUT mained in South Bend to work in broadcasting In addition, the TRAFC hosts various events until 1972. At WSBT–TV, Mr. Kelly served as throughout the year to bring the communities HON. SAM GRAVES the news anchor and the news director. surrounding the base and base personnel Though a natural in front of the camera, Mr. closer together. Events include the Military OF MISSOURI Kelly began a new career at the local bank Recognition Night, NCO Night, and Com- IN THE HOUSE OF REPRESENTATIVES where he served as the Vice President and mander’s Night. The TRAFC also hosts a Friday, June 8, 2007 Director of Marketing, and he would retire as Contractor’s Breakfast to educate businesses Mr. GRAVES. Madam Speaker, I proudly the Director of Business Development. about bidding for contracts on base. pause to recognize Shane Darwin Pope II, a Throughout his life, he dedicated himself to Moreover, the TRAFC was instrumental in very special young man who has exemplified bettering the community through volunteering working with the local community to ensure the finest qualities of citizenship and leader- and mentoring. the Base Realignment and Closure Panel un- ship by taking an active part in the Boy Scouts Mr. Kelly was a member of many boards derstood the vital role of Travis AFB in secur- of America, Troop 946, and in earning the and committees, but most notably he sat on ing the Nation. most prestigious award of Eagle Scout. the South Bend Common Council as Vice- A great deal of the TRAFC’s success is due Shane has been very active with his troop, President until his death. Described as the in part to the leadership of the Fairfield-Suisun participating in many scout activities. Over the ‘‘peacemaker’’ by fellow council members, he and Vacaville Chambers of Commerce and

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RON LEWIS service to the children of Contra Costa Coun- 2002, Dale Baumler, 2002–2003, Ben Huber, OF KENTUCKY ty. 2003–2004, Bud Ross, 2004–2005, Ray IN THE HOUSE OF REPRESENTATIVES Among these are: the first ‘‘Peacemaker of Schoch, 2005–2006, and Foy McNaughton, Monday, June 11, 2007 the Year Award’’ from the California Depart- 2006–2007. ment of Education; the ‘‘Outstanding Adminis- Over the years I have had the opportunity to Mr. LEWIS of Kentucky. Madam Speaker, I trator of the Year Award’’ presented by the As- work with the TRAFC to support Travis AFB, rise today to pay tribute to Rev. Richard P. sociation of California School Administrators; a both locally and in Washington, and have had Oldham, an exemplary citizen and friend from certificate of Appreciation awarded by Contra the opportunity to support their nomination as my Congressional District. Rev. Oldham will Costa Children and Adults with Attention Def- the best base support organization in the Air celebrate his 50th anniversary this month as icit Hyperactivity Disorder; and the first Alter- Mobility Command. Pastor of Glendale Baptist Church in Bowling native Dispute Resolution grant from the Cali- As the TRAFC celebrates their 10-year an- Green, Kentucky. fornia Department of Education in 1993, and niversary, I would like to thank current and A native of Louisville, KY, Rev. Oldham in each year to follow. past members of TRAFC for their dedication began his ministry at the First Baptist Church Johnny W. Welton’s outstanding service to to the men and women of Travis AFB and rec- in Savannah, TN while attending nearby Union special education and dispute resolution more ognize them for their support of the base and University. He later earned an advanced de- than validates his awards. He assisted in the its vital mission. gree from the Southern Baptist Theological reorganization and establishment of the Cali- f Seminary and served various churches in fornia Department of Education Procedural Kentucky, Michigan, and Arkansas. Safeguards Unit, Compliance Monitoring Unit; IN HONOR OF COLONEL RONALD A. In 1957, he came back to Kentucky to be- RUTLAND he built partnerships between Education and come pastor of Glendale Baptist Church. Dur- other local agencies serving children with spe- ing his five decades of spiritual leadership, cial needs; and he chaired the state of Cali- HON. MICHAEL N. CASTLE over 250 young men and women have gone fornia Alternative Dispute Resolution Steering OF DELAWARE on to serve in the pastorate and in other mis- Committee. IN THE HOUSE OF REPRESENTATIVES sion assignments all over the world. He has As Johnny W. Welton retires, I would like to Monday, June 11, 2007 also presided over an estimated 4,000 bap- thank him for his dedication to the quality of tisms. Mr. CASTLE. Madam Speaker, it is with education of the children of Contra Costa Rev. Oldham has remained very active in great pleasure that I rise today to recognize County, and his leadership in the field of spe- the Glendale community throughout his tenure the accomplishments and career of Colonel cial education as an exceptional educator and including over 30 years as director of the An- Ronald A. Rutland. Colonel Rutland is the SELPA Director. I wish him the best of luck in nual Youth Bible Conference at Camp Joy; nu- commander of the 512th Airlift Wing at the his future endeavors. merous speaking roles at the annual Kentucky Dover Air Force Base. Colonel Rutland is a Baptist Convention; and past service as Presi- f distinguished member of the Reserves Offi- dent of the Kentucky Baptist Pastor’s Con- IN HONOR OF THE 100TH ANNIVER- cers Association with more than 6,500 flying ference. Rev. Oldham is also the founder of SARY OF MINQUAS FIRE COM- hours in training, airlift and tanker experience. Anchored Christian School in Bowling Green. PANY NO. 1 OF NEWPORT, DE I commend Colonel Rutland for his years of It is my great privilege to honor Rev. Rich- public service defending our Nation. ard P. Oldham today before the entire U.S. Colonel Rutland received a Bachelor De- House of Representatives for his dedicated HON. MICHAEL N. CASTLE gree of Political Science at Mississippi State OF DELAWARE service to the spiritual needs of members of University in 1973, and in 1977 attended the the Baptist faith and the Warren County com- IN THE HOUSE OF REPRESENTATIVES Squadron Officer School at Maxwell Air Force munity at large. He is an outstanding citizen Monday, June 11, 2007 Base in Alabama. Colonel Rutland’s passion worthy of our collective honor and apprecia- for learning never subsided, and in 1988, he Mr. CASTLE. Madam Speaker, it is with tion. went back to school to receive his Masters of great pleasure that I rise today to commemo- Aeronautical Science at Embry-Riddle Univer- f rate an important anniversary of service to the sity. RECOGNIZING THE DEDICATION OF Town of Newport and the entire State of Dela- Colonel Rutland received his undergraduate JOHNNY W. WELTON ware. pilot training at the Columbus Air Force Base On May 21, 1907, concerned citizens met in in 1973. From 1977 until the present, Colonel the historic town of Newport to discuss the for- HON. ELLEN O. TAUSCHER mation of a fire company. At the time, there Rutland has served in various areas of com- OF CALIFORNIA had been numerous fires which destroyed mand, including Air Training, Strategic Air IN THE HOUSE OF REPRESENTATIVES Command, and Air Mobility Command, at six properties before the already established fire different Air Force Bases within the United Monday, June 11, 2007 companies in Wilmington, New Castle and States. Most recently, Colonel Rutland served Mrs. TAUSCHER. Madam Speaker, I rise to Newark could arrive and fight the blazes. After in Iraq as the commander of the 447th Air Ex- recognize Johnny W. Welton, as he retires as much discussion and debate, Lt. Governor peditionary Group at Sather Air Base. the director of Contra Costa Special Education John M. Mendinhall suggested to the 68 Ronald has served as a distinguished mem- Local Plan Area (SELPA), after 40 years of founders that the company should be named ber of the United States Air Force for 34 years serving students in special education. the Minquas Fire Company No. 1 commemo- and has been honored on several occasions Johnny W. Welton’s career in special edu- rating a tribe of Native American Indians who for his service. He has received countless cation encompasses 12 years as a classroom traded with early settlers along the Christiania awards such as the Legion of Merit, the teacher, 3 years as a resource teacher, 8 River. Bronze Star, the Global War on Terrorism years as a site and central office administrator From its genesis, the Minquas Fire Com- Service Medal, and the Air Force Longevity and 16 years as the Director of the Contra pany has taken great pride in providing volun- Service Award with six oak leaf clusters. Costa SELPA. teer fire rescue and emergency medical serv- I join with the people of Delaware to thank In his role as director of SELPA, Welton es- ices to the citizens of greater Newport. They Colonel Rutland for his continued dedication to tablished a Resource Parent Program, initiated began by purchasing property in the unit block the Air Force. He has served in a role that can Facilitation Skills training for staff IEP teams, of North James Street. Several extensions and be difficult at times, but is a necessity to the and introduced Solutions Panel mediation expansions have taken place over the years security of our Nation. I commend him for a training. Throughout his career, Johnny W. the most recent being the erection of an ultra life of service and thank him for his tireless Welton has worked for equity, quality, reforms, modern facility in 2005. dedication to Delaware and the United States and results in special education and conflict Minquas’ first President Howard P. Weldin of America. resolution. and Chief Thomas Bullen oversaw the original

VerDate Mar 15 2010 10:27 May 28, 2010 Jkt 059102 PO 00000 Frm 00023 Fmt 0689 Sfmt 9920 E:\BR07\E11JN7.000 E11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 11 15361 building project and the construction of the sory Committee; and the Holmes Partnership, ON THE PASSING OF THE HONOR- first fire house. In 1908, a horse drawn chem- a network of professional organizations work- ABLE JUDGE RALPH M. BUR- ical engine was purchased from Radnor Fire ing to improve teaching and learning for all NETT Company of Pennsylvania for $1,000 and put children. in service at the brand new station. During Mr. Carmen’s tenure, the MTEA es- Today President Curtis Clifton and Chief Mi- tablished annual community outreach activities HON. ROSCOE G. BARTLETT chael Saggione command the Fire Company. including: an art show and awards program for OF MARYLAND Through their leadership, Minquas has contin- MPS students; a scholarship program for MPS ued to acquire the latest fire, rescue, ambu- graduates, particularly those pursuing teaching IN THE HOUSE OF REPRESENTATIVES lance apparatus and equipment to respond to careers; and the Food for Our Future partner- the emergency service needs of their commu- ship with Hunger Task Force, a food drive and Monday, June 11, 2007 nity. The Company’s Motto ‘‘We go where advocacy program. Mr. BARTLETT of Maryland. Madam Speak- duty calls’’ exemplifies the volunteer spirit of Madam Speaker, for these reasons, I am er, I rise today in honor and memory of a the men and women of the Minquas Fire honored to rise and pay tribute today to Sam great constituent of the 6th District of Mary- Company No. 1. Carmen’s contributions to educational reform land—The Honorable Ralph M. Burnett, Jr. I am proud of the contributions the volun- in the Fourth Congressional District. Ralph M. Burnett was a Maryland district court teers of Minquas have made to Delaware over f judge and pioneer in the fight against prostate all these years and I congratulate them on this cancer. Judge Burnett died from the disease important milestone of 100 years of service. HONORING THE 46TH ANNUAL YMCA YOUTH GOVERNOR’S CON- on May 9, 2007 at the age of 64. f FERENCE Judge Burnett was born in 1943 in Seneca IN TRIBUTE TO SAM CARMEN Falls, NY, to the late Ralph M. Burnett, Sr., HON. PETE SESSIONS and Betty Burnett. He graduated from St. HON. GWEN MOORE OF TEXAS Paul’s High School in 1961 and earned a BA OF WISCONSIN IN THE HOUSE OF REPRESENTATIVES from Dickinson College, in 1965. A Vietnam IN THE HOUSE OF REPRESENTATIVES Monday, June 11, 2007 Veteran, Judge Burnett was sent to Korea and Monday, June 11, 2007 served as First Lieutenant in the U.S. Army Mr. SESSIONS. Madam Speaker, I rise until 1969. He then enrolled in the Baltimore Ms. MOORE of Wisconsin. Madam Speak- today to honor the 46th annual YMCA Youth School of Law and received a degree in 1972. er, I rise today to recognize a leader and vol- Governor’s Conference that began in Wash- unteer from the Fourth Congressional District, ington, DC, this past weekend and continues Judge Burnett began practicing law in Oak- Sam Carmen. Mr. Carmen is a recognized throughout this week. I am pleased to have land, MD, and served as Garrett County’s leader at the national and local level for his the distinct honor of being one of the congres- State Attorney from 1974–1978. In December work in the area of educational innovation and sional hosts for the YMCA Youth Governor’s of 1993, he was appointed an associate dis- reform. Mr. Carmen is retiring from the Mil- breakfast with my House colleagues this trict court judge. He was also a member of the waukee Teacher’s Education Association Wednesday morning. Executive Committee of the Maryland Judicial (MTEA) after 28 years of faithful service. The YMCA Youth Governor’s Conference Conference, and served on the Editorial Board Sam Carmen graduated from Cornell Uni- brings together some of the most outstanding of Justice Matters until his passing. versity with a bachelor’s degree in Industrial youth leaders in America. YMCA Youth and Diagnosed with prostate cancer in 1996, and Labor Relations. Following graduation, he Government is a nationwide program that al- Judge Burnett became a devoted advocate for worked for both public sector and private sec- lows thousands of teenagers to simulate State the prostate cancer community. He served as tor unions in various capacities. and national government. chairman of the National Prostate Cancer Co- Mr. Carmen joined the staff of MTEA in Madam Speaker, I would like to personally alition, NPCC, from 1999–2001. Under his 1979. In 1986, he became MTEA’s chief recognize each of this year’s YMCA Youth leadership, federal funding for prostate cancer spokesperson in contract negotiations with the Governors for their dedication and service to research doubled and the NPCC tripled in Milwaukee Public School (MPS) Board. While America’s youth: size. he was serving as chief negotiator, MTEA de- Lillian Wilson of Alabama, Emile Gordon of veloped a portfolio of educational reforms that Arizona, David Murdter of California, Alex After stepping down as chairman, Judge were incorporated into the collective bar- Chandler of Colorado, Samantha Free of Con- Burnett stayed on as a board member and gaining agreement and became national mod- necticut, Anna Galati of Delaware, Bradley doggedly pursued more prostate cancer treat- els. For example, Mr. Carmen negotiated an Pough of Florida, Kristin Graham of Georgia, ment options for patients. He was also an ad- interview process for filling teacher vacancies Tiana Maruyama of Hawaii, Elise Marchant of vocate for the Johns Hopkins University’s Spe- replacing the traditional seniority model. MPS Idaho, Sean Tompkins of Illinois, Martin cialized Program of Research Excellence and utilizes this process to select teachers who Turman of Indiana, Will Webb of Louisiana, served on several panels within the Depart- best fit their needs with the input of teachers, Jay Gobeil of Maine, Arnell Limberry of Mary- ment of Defense where he worked to leverage administration, and parent representatives. land, Alexis Morin of Massachusetts, Trenton the DOD’s investment in prostate cancer re- In 1994, Sam Carmen was selected as the Swank of Michigan, Dilara Uskup of Michigan, search and participated in discovering the le- MTEA Executive Director while continuing as Eric Kunkel of Minnesota, Josh Travis of Mis- thal phenotype that causes the disease. the chief negotiator. As Executive Director, he souri, Olaniyi Solebo of the Model United Na- Judge Burnett is survived by his former wife, was a leader in the successful establishment tions Program, David Colaco of New Jersey, Lucy Burnett, a son, P. Chase Burnett and his of the MPS/MTEA Teacher Mentor Program, Matthew Scarvie of New Mexico, Matthew wife Jaime, three grandchildren, Ian, Eli, and the Joint Teacher Evaluation and Mentoring Vigliotta of New York, Tucker Piner of North Sophie Burnett, a daughter, Catherine Burnett, Program, the Milwaukee Teacher Education Carolina, Stuart Downey of Oklahoma, Greg- and one sister, Clara Tordella. Center (MTEC), and the Milwaukee Partner- ory Murray of Oregon, Jeff Mitch of Pennsyl- Ralph M. Burnett’s funeral was held on Sat- ship Academy. Most recently, Mr. Carmen was vania, Neel Mehta of South Carolina, Matt urday, May 12, at St. Paul’s United Methodist instrumental in the development and imple- Robinson of Tennessee, Tyler Thomason of mentation of a collaborative strategic planning Tennessee, Dave Harris of Texas, Marco Church in Oakland. process with MPS and the Greater Milwaukee Leung of Virginia, Erik Ashida of Washington, On behalf of the residents of the Sixth Dis- Committee entitled ‘‘Working Together, Damien White of the District of Columbia, trict, I am honored but humbled to offer this Achieving More.’’ Caroline Kitchens of Wisconsin. token of appreciation for the distinguished Sam Carmen has been active in organiza- I wish all of the 2007 YMCA Youth Gov- service of Ralph M. Burnett to others and his tions including: Citizen Action of Wisconsin; ernors a very successful conference here in many accomplishments. I hope that this sim- the Urban Directors’ Association, a national Washington, and encourage them to continue ple testament provides some comfort to ease network of urban union executives; the UWM their sincere devotion to leadership and public the grief of his family, neighbors and friends School of Education Dean’s Community Advi- service in this and their future endeavors. over his loss.

VerDate Mar 15 2010 10:27 May 28, 2010 Jkt 059102 PO 00000 Frm 00024 Fmt 0689 Sfmt 9920 E:\BR07\E11JN7.000 E11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15362 EXTENSIONS OF REMARKS, Vol. 153, Pt. 11 June 11, 2007 IN HONOR OF JUDGE DAVID F. wife Nancy and their sons William and Joseph she was one of the most caring people I have LEVI continued success and happiness in all of ever met. Born on July 17, 1938 to John and their future endeavors. Ruth Stephens, of Atlanta, Georgia and chris- HON. DORIS O. MATSUI f tened Alice Ruth. Alice Barham was one of the most caring OF CALIFORNIA HONORING THE ALFRED E. IN THE HOUSE OF REPRESENTATIVES people I have ever met, and so it was natural ZAMPELLA SCHOOL for her to choose a profession in which she Monday, June 11, 2007 could help people in pain and in need of com- Ms. MATSUI. Madam Speaker, I rise today HON. STEVEN R. ROTHMAN fort, and in a very personal way. She began in honor of Judge David Levi, one of our Na- OF NEW JERSEY her career in nursing at Jackson Memorial tion’s respected judges and a true friend. After IN THE HOUSE OF REPRESENTATIVES Hospital in the Pediatric Nursing Unit in the 17 years of service on the Federal bench Monday, June 11, 2007 Skaggs and Woodard building. Later in her ca- Judge Levi is retiring to become the next dean reer, she became a Public Health Nurse for Mr. ROTHMAN. Madam Speaker, I rise of Duke University’s Law School. As his col- the Miami Dade County Health Department today in recognition of the Alfred E. Zampella leagues, friends and family gather to celebrate and worked in Liberty Square and James E. School, whose outstanding work has been re- the next chapter of his life, I ask all of my col- Scott housing projects providing health serv- warded with the Heart of Gold Award for the leagues to join me in saluting this outstanding ices to the underserved residents in the com- Second Kindest School in New Jersey for the public servant. munity. Alice was also employed at Mt. Sinai third year in a row. The son of Edward and Kate Levi, Judge Hospital before eventually going to the Miami Levi was born into a distinguished family that The Kindness is Contagious program began in New Jersey several years ago as a way to Dade County Public Schools System as a valued pubic service and the pursuit of knowl- Public Health Nurse and biology teacher and edge to serve others. His father was the Presi- encourage students, teachers, parents, and the community to work together to perform retiring. dent of the University of Chicago and served Mrs. Barham had the ability to soothe peo- ‘‘acts of kindness.’’ At the beginning of the as the United States Attorney General under ple who were hurt, calm people who were school year, students are taught about the val- President Gerald Ford, while his mother was worried and bring comfort to people who were ues of compassion and generosity; they are equally committed to a variety of worthy pur- afflicted. Children were naturally attracted to then given journals to record their individual suits. In 1972, Judge Levi graduated from Har- her, as was she to them. She had a remark- acts of kindness at home and at school while vard, magna cum laude, with a degree in his- able gift, and she was generous in sharing it teachers, administrators, school personnel, tory and literature. Upon graduating from Stan- so freely with so many people in our commu- and parents recognize and reinforce these ford Law School in 1980, he clerked for Judge nity. I could not begin to estimate the number acts. By the end of the school year, these im- Ben Duniway of the Ninth Circuit Court of Ap- of people whose lives she touched and whose portant values are integrated into the daily peals and followed that by clerking for Su- path she made a little easier. preme Court Justice Lewis Powell. education of students. The students in the Alfred E. Zampella Mrs. Alice Barham was also my dear friend, After his tenure with Justice Powell ended, School—from the Pre-Kindergarten class to and a dear friend to my family, and she played Judge Levi returned to California and began a the Eighth Grade—have performed 53,926 a very instrumental role in the lives of my chil- renowned career with the U.S. Attorney’s Of- acts of benevolence, empathy, thoughtfulness, dren. I am deeply saddened by her passing, fice in Sacramento. From 1983 to 1986 he and compassion in the past school year. It is but I am grateful for having had her in my life. served as Assistant United States Attorney clear by the sheer number of acts, that kind- My heart goes out to her family and I thank and worked in the office’s criminal division. In ness is truly contagious in this school. These them for sharing this phenomenal woman with 1986 Judge Levi was appointed by President individual acts ranged from picking up a piece us. Indeed, the legacy she leaves behind will Ronald Reagan as the United States Attorney of trash in the cafeteria to a school-wide live on in the people she helped throughout for the Eastern District of California. As the penny collection to raise money for leukemia her career and life. U.S. Attorney, Judge Levi led one of the most research. The students not only learned how f successful public corruption prosecutions in to improve their school community but also the state’s history. HONORING THE WORK OF DEBRA In 1990 Judge Levi was nominated by discovered the valuable life lesson of doing STEINBERG, RECIPIENT OF THE President George H.W. Bush to become a good works for other people—not for the rec- NATIONAL ETHNIC COALITION OF U.S. District Judge of the Eastern District of ognition, but because it makes another per- ORGANIZATIONS’ 2007 ELLIS IS- California. Since 2003, he has served as the son’s life better. LAND MEDAL OF HONOR Madam Speaker, I ask my colleagues to join Chief Judge of the District. After over a dec- with me today in commending Principal San- ade and half on the federal bench he has dra Frierson, the staff, and students of the Al- HON. JERROLD NADLER earned a reputation as one who still ap- fred E. Zampella School for the tens of thou- OF NEW YORK proaches each case, large and small, with a sands of acts of kindness they have per- IN THE HOUSE OF REPRESENTATIVES commitment to tirelessly examine all of the formed. They are a great credit to our country facts and treat each case with the utmost of Monday, June 11, 2007 and its steadfast spirit of generosity and good- importance. Mr. NADLER. Madam Speaker, I rise today Judge Levi also is a national leader on legal will. to congratulate Debra Brown Steinberg for her reform. Recognizing his keen intellect, former f reception of the 2007 Ellis Island Medal of Chief Justice William Rehnquist appointed him TRIBUTE TO ALICE R. BARHAM Honor. to the Advisory Committee on the Federal Through its Ellis Island Medals program, the Rules of Civil Procedure in 1994, which Judge HON. KENDRICK B. MEEK National Ethnic Coalition of Organizations Levi chaired from 2000–2003. Four years ago, (NECO) honors United States Citizens whose OF FLORIDA Justice Rehnquist named Judge Levi as Chair- life and work show dedication to community IN THE HOUSE OF REPRESENTATIVES man of the Judicial Conference Committee on service and the preservation of ethnic herit- Rules of Practice and Procedure. In these Monday, June 11, 2007 age. Ms. Steinberg joins an elite group of roles he has revised and brought a much Mr. MEEK of Florida. Madam Speaker, I rise medalists, who represent several industries needed dose of reform to the rules of proce- today to pay tribute to the late Alice R. and come from many different backgrounds. dure in federal courts, making the courts more Barham, a warm and wonderful person who Debra Steinberg is an accomplished attor- efficient, accurate and fair. passed away on Tuesday, June 5, 2007. ney who has devoted time in her professional Madam Speaker, as Judge David Levi Her family and friends will memorialize her life to advancing civil rights. Most commend- leaves the bench to become the dean of Duke at a ‘‘going home’’ celebration to be held on able is her pro bono representation of families University’s prestigious law school, I am truly Saturday, June 9, 2007 at Mt. Tabor Baptist of 9/11 victims. Determined to protect the honored to pay tribute to a friend and dedi- Church in Miami, FL. rights of this group in need, Ms. Steinberg as- cated public servant. I ask all of my col- Mrs. Barham was a mother, grandmother, sisted in drafting The September 11th Family leagues to join with me in wishing David, his sister, and nurse. However, more than that, Humanitarian Relief and Patriotism Act, H.R.

VerDate Mar 15 2010 10:27 May 28, 2010 Jkt 059102 PO 00000 Frm 00025 Fmt 0689 Sfmt 9920 E:\BR07\E11JN7.001 E11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD June 11, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 11 15363 1071. I am proud to be an original co-sponsor Colonel Heeter represented the best that formative years, when they were girls. Al- of this bill. As a founding member of ‘‘Project this country has to offer. His selfless dedica- though many of her friends disagreed, arguing 9/11,’’ a consortium of lawyers formed in Octo- tion to the United States, to his community that advocating for girls weakened the wom- ber 2001, Ms. Steinberg provided legal serv- and to his family will always be remembered. en’s movement, she followed her heart. Her ices for families of victims of the September It is with great pride that I celebrate the life commitment to leveling the playing field for 11th attacks, including those seeking citizen and service of COL Owen A. Heeter. girls laid the foundation for Girls Incorporated status. Collectively, these lawyers devoted f of Alameda County and contributed to the or- many hours of their lives to this fight. ganization’s impressive growth. Once again, I offer my heart-felt congratula- TRIBUTE TO BILL AND BETH Pat Loomes saw Girls, Inc. as a vital oppor- tions to Ms. Steinberg at the time of this ven- HANKS tunity to set girls’ lives on the right track and erable distinction, the 2007 Ellis Island Medal give them the skills needed to lead productive of Honor. As representative of the 8th Con- HON. JOHN J. DUNCAN, JR. and fulfilling lives. Among her first accomplish- gressional District of New York, I am honored OF TENNESSEE ments was a grant from the Department of to have such a distinguished citizen working in IN THE HOUSE OF REPRESENTATIVES Labor that allowed girls to learn about car- my district to improve the lives of all Ameri- pentry, construction and other non-traditional Monday, June 11, 2007 cans and their families. jobs from women already in the industry. f Mr. DUNCAN. Madam Speaker, I rise today Soon, she realized that girls’ programs re- to recognize Bill and Beth Hanks on the occa- ceived far fewer funds from United Way than HONORING THE LIFE OF COLONEL sion of their 50th wedding anniversary, which boys’ programs and embarked on a campaign OWEN A. HEETER OF ROCH- they will celebrate June 15. to end the discrimination. She recalls, ‘‘ I ESTER, INDIANA The story of Beth Ballentine Hanks and Wil- wrote a letter every week to the president of liam ‘‘Bill’’ Franklin Hanks is one of love at first the board asking to increase funding until I got HON. JOE DONNELLY sight and the American Dream. Beth grew up a response.’’ Pat Loomes’ campaign led to eq- OF INDIANA in South Carolina and Bill grew up in Char- uitable funding, not only for Girls Inc. of Ala- IN THE HOUSE OF REPRESENTATIVES lotte, North Carolina. The couple met while at- meda County, but also for other girls’ pro- Monday, June 11, 2007 tending Furman University in Greenville, South grams such as Campfire Girls, YWCA and the Mr. DONNELLY. Madam Speaker, today I Carolina. Girl Scouts. rise to honor the life of COL Owen A. Heeter, At Furman, Bill, a sophomore at the time, In 1983, she created a formal program to who faithfully served our country in the United spotted Beth, a freshman, waiting in line for treat child victims of sexual abuse. When gov- States Air Force for 30 years. Colonel Heeter the freshman orientation tea. He knew she ernment funds were discontinued for pregnant passed away on February 17, 2007. was the one. Bill and his fraternity brothers teens across the country, Girls Inc. moved to Colonel Heeter was born in Athens, Indiana showed up at the freshman dance to see fill the gap and provided sex education and life in 1936. He graduated from Rochester High Beth. He had his friends continually cut in on options beyond high school, such as college, School in 1954 as an accomplished athlete Beth and her date so that they never had the work, and travel. and went on to attend DePauw University in opportunity to dance together. Eventually, her Ms. Loomes achievements and success Greencastle, Indiana. At DePauw, Colonel date got mad and left. This was when Bill with the myriad of programs at Girls, Inc. have Heeter played baseball and was a member of made his move. Bill and Beth were married on been recognized by numerous organizations, Phi Gamma Delta Fraternity. However, it was June 15, 1957 in Beth’s hometown of Walter- such as United Way and then, Seaton Man- his experiences in the Reserve Officers Train- boro, SC. Today, the couple splits their time ning Outstanding Agency Professional Award ing Corps that led him to a career dedicated between homes in Knoxville, TN and Fripp Is- for her leadership and advocacy on behalf of to serving our country. land, SC. They enjoy attending UT football girls. After graduation in 1958, Colonel Heeter and basketball games and spending time with I join the community in thanking Pat Loomes joined the United States Air Force, becoming friends and family. The Hanks have 4 grown for her outstanding legacy. She has molded one of our country’s most successful pilots. He children, Linda, William, Wallace, and Lucille, and shaped the girls’ movement in a profound was stationed at various bases within the and 10 grandchildren. After 50 years, Bill and way that will be felt for generations. United States and overseas, including Spain, Beth are very supportive of one another and f Thailand, and Panama. Some of his most no- still do their daily devotion together before CONGRATULATIONS TO MR. JAMES table accomplishments include becoming the they go to bed, no matter how late or how DETHERAGE first pilot to fly an HH–53 helicopter across the tired they may be. Madam Speaker, in closing, Pacific Ocean, flying rescue missions over I am pleased to honor Bill and Beth’s Golden HON. JOHN A. BOEHNER Vietnam, and recovering bodies from the mass Anniversary and urge my colleagues to join OF OHIO suicide in Jonestown, Guyana. me in celebrating this very special milestone. IN THE HOUSE OF REPRESENTATIVES Colonel Heeter received numerous awards f in recognition of his outstanding service during Monday, June 11, 2007 his tours of duty. Included in these are the TRIBUTE TO PAT LOOMES Mr. BOEHNER. Madam Speaker, I rise Bronze Star, the Silver Star, the Legion of today to congratulate, thank, and recognize Merit, the Distinguished Flying Cross, the De- HON. FORTNEY PETE STARK my constituent Mr. James Detherage for 35 fense Meritorious Service Medal, the Meri- OF CALIFORNIA years of service and 30 years as Chief with torious Service Medal with Four Oak Leaf IN THE HOUSE OF REPRESENTATIVES the West Chester Fire Department. Clusters, the Air Medal with Four Oak Leaf As a husband, father and Fire Chief, James Monday, June 11, 2007 Clusters, and the Air Force Commendation has given outstanding service and support to Medal. Mr. STARK. Madam Speaker, I rise today to the people of West Chester. His lengthy and After retiring from the Air Force, Colonel pay tribute to Pat Loomes, upon her retire- tireless work in West Chester over three dec- Heeter was a member of the international ment from Girls Inc. after 30 years of distin- ades is a constant source of pride and uncon- sales department at Bell Helicopter in Fort guished service to girls in Alameda County, ditional praise. As Chief of the West Chester Worth, Texas. After retiring 10 years later, he California. This fall, Ms. Loomes will retire Fire Department, James has seen the depart- returned to Rochester, Indiana, eventually from Girls, Inc. leaving an organization that ment grow from a volunteer staff to its current marrying his high school sweetheart. In the now serves more than 7,000 girls, has more state of 40 full-time firefighters. Outside of his last decade of his life, Colonel Heeter was an than 90 staff members and a $5 million budg- post as Chief, he has also served as Presi- active member of Grace United Methodist et. dent of the Butler County Fireman’s Associa- Church, the Kiwanis Club, the LeRoy Shelton While feminists across the country marched tion, President of the Southwest District of American Legion Post #36, and many other to demand equal rights in the workplace, in Ohio Fire Chiefs Association and President of organizations. He enjoyed working on his golf the classroom, and at home, Pat Loomes real- the Butler County Fire Chief’s Association. game and spending time with his grand- ized that improving the quality of women’s James’ attitude, fierce determination, and children. lives meant empowering them in their most community spirit are a source of energy for all

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DOZIER strong training program, both at the apprentice Mr. ACKERMAN. Madam Speaker, I rise level and upgrades for Journeymen as well. today in recognition of the retirement of Rabbi HON. JOHN D. DINGELL The members of Local 318 are also contrib- Jerome Davidson after nearly 50 years of uting members of their respective communities OF MICHIGAN dedicated service to the community of Great and, through their local, they support a num- IN THE HOUSE OF REPRESENTATIVES Neck, New York. ber of area charities and provide a scholarship Rabbi Jerome Davidson is no ordinary Monday, June 11, 2007 fund to support their dependents who attend rabbi. He has successfully fused his life as a Mr. DINGELL. Madam Speaker, I rise today college. religious leader and a Jewish mentor together to honor Mr. Booker T. Dozier, of Inkster, With union membership struggling in many with his commitment to a life of civic engage- Michigan, on the occasion of his 90th birthday. areas of the country, Local 318 boasts a 98 ment and Tikkun Olam, or repairing the world. percent union membership for their covered Mr. Dozier is a pillar of the Inkster commu- Throughout his years of service, Rabbi David- trades. This speaks well of the benefits that nity, where he has lived for over 50 years. son has effectively transcended the walls of the members realize through their union mem- Time and again, Inkster has turned to Mr. Temple Beth-El of Great Neck in Nassau bership and also the increased productivity for Dozier for guidance, organization and leader- County, New York, establishing himself as an the contractors who use the skilled workers of ship. In 1993 he led the effort to create Local 318. inspirational leader for both his congregation Inkster’s Memorial Day parade, culminating in In 1996 Local 318 moved its headquarters and community. a successful annual event which continues to Marion, IL. They continue to provide quality Jerome Davidson joined Temple Beth-El, a today. His organizational skills were put to use representation for their members and, through member congregation of the Union for Reform again when he was called on by the Mayor of their training and community involvement, they Judaism, as an assistant rabbi in 1958, and Inkster to spearhead a successful effort to are a positive example of organized labor in became its senior rabbi in 1971. Rabbi David- raise $100,000 for young man in need of a southern Illinois. son soon impressed the congregation with his heart transplant. Madam Speaker, I ask my colleagues to join dynamic sermons, driven enthusiasm and There are also many different organizations me in congratulating the leadership and mem- compelling sense of humor. Rabbi Davidson’s which have benefited from Mr. Dozier’s guid- bers of Local 318 of the International Union of brilliance and erudition were key in shaping ance. He has been involved with the Inkster Operating Engineers as they celebrate their the congregation’s future. The educational op- Summerfest Festival Committee; the Because 75th anniversary. portunities presented by the Temple’s com- Inkster Cares Committee; the Optimist Club; f prehensive library and historical museum were the Inkster Dance Club; and the Inkster Good- central to Rabbi Davidson’s success in teach- fellows, who work to ensure that there will be TRIBUTE TO ELEANOR McGOVERN ing his congregants. Under his devoted tute- ‘‘no child without a Christmas.’’ Mr. Dozier lage, Temple Beth-El grew to become a thriv- also served as the Chairman of the Inkster HON. STEPHANIE HERSETH SANDLIN ing beacon of Jewish life in Great Neck; an Commission on Aging for over 20 years and OF SOUTH DAKOTA arena of countless Bnai Mitzvah, weddings, has been a member of the Wayne County IN THE HOUSE OF REPRESENTATIVES other life-cycle events and social affairs. Board of Directors for Meals on Wheels for the Monday, June 11, 2007 Rabbi Davidson also laid the foundations of elderly. a successful Religious School and Early Child- Ms. HERSETH SANDLIN. Madam Speaker, hood Education Center that addressed the Booker T. Dozier has consistently served I rise today to introduce legislation honoring needs of the diversified and growing con- his community. His efforts to improve Inkster the life of Eleanor McGovern by officially des- gregation. Rabbi Davidson’s exceptional cre- have not gone unnoticed, as one of the most ignating the post office in her home town of ativity and boundless imagination confirmed well known and used facilities within the city is Woonsocket, South Dakota, as the Eleanor the Booker T. Dozier Recreation Center. I McGovern Post Office. Temple Beth-El, with its impressive member- thank Mr. Dozier for all of his efforts to better The wife of Presidential nominee and United ship of over 1200 families, as one of the most his community and I congratulate him on the States Senator George McGovern, Eleanor innovative and energetic Reform congrega- milestone of his 90th birthday. made headlines of her own while campaigning tions in America. His uncoupled wisdom and f solo across the country for her husband. Elea- unbridled inspiration served as a source of nor engaged crowds on the campaign trail strength and encouragement in the aftermath HONORING THE 75TH ANNIVER- of a devastating fire that struck the Temple in SARY OF LOCAL 318 OF THE with her eloquence and frequently participated in network television and radio discussions 1991. INTERNATIONAL UNION OF OP- Rabbi Davidson’s steady rise to Jewish na- ERATING ENGINEERS concerning national and international policy. Her high profile helped transform public per- tional iconography is no surprise considering ception of the role and value of women in poli- the unique leadership qualities he dem- HON. JERRY F. COSTELLO tics. onstrated in serving Temple Beth-El. Rabbi OF ILLINOIS Aside from politics, Eleanor worked as a Davidson’s service as President of the Syna- IN THE HOUSE OF REPRESENTATIVES tireless advocate for children and families. She gogue Council of America, as well as past president of the Rabbinic Alumni Association Monday, June 11, 2007 served on the boards of directors for Dakota Wesleyan University, the Psychiatric Institute of Hebrew Union College–Jewish Institute of Mr. COSTELLO. Madam Speaker, I rise Foundation, the Child Study Association, the Religion only cemented Rabbi Davidson as a today to ask my colleagues to join me in hon- Erickson Institute of Chicago and Odyssey true Jewish leader. oring the 75th anniversary of Local 318 of the House of New York. She founded the Martha Madam Speaker, Rabbi Davidson’s commit- International Union of Operating Engineers, Movement and was a development officer for ment to Reform Judaism informed and com- headquartered in Marion, IL. the Child Development Associates Consor- plemented his involvement in pluralism and 1932, our Nation was mired in the depths of tium. Eleanor and her family also established social justice. Rabbi Davidson’s multiple terms the Great Depression. Prices were low. The the McGovern Family Foundation in Wash- as President of the Great Neck Clergy Asso- average new car cost $610 and you could fill ington, DC, to raise funds for alcoholism re- ciation, and his groundbreaking efforts in de- up the tank for 10 cents a gallon. However, search. veloping interfaith dialogue, have served to few could afford the car or the gas as employ- Madam Speaker, I urge all Members to sup- better the lives of those around him, success- ment was over 23 percent nationally with over port the passage of this legislation that honors fully realizing his lofty goals of building a com- 13 million Americans having lost their jobs the life of Eleanor McGovern. munity of tolerance and understanding. Rabbi

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He has American hero. likewise advocated for religious pluralism in I recently had the chance to meet Keith’s HON. CHARLES B. RANGEL Israel. Today, Rabbi Davidson continues to mother and stepfather, Maureen and Arthur, at OF NEW YORK serve on the faculty of the Hebrew Union Col- their home in Norwich. After meeting them it IN THE HOUSE OF REPRESENTATIVES was clear to me where Keith developed his lege-Jewish Institute of Religion and as a Monday, June 11, 2007 member of its Board of Governors. Rabbi Da- penchant for service—his mother. As an em- vidson also serves on the Advisory Board of ployee for the Connecticut Department of Chil- Mr. RANGEL. Madam Speaker, I rise today the Tanenbaum Center for Interreligious Un- dren and Families, Maureen has dedicated her to recognize National Minority Cancer Aware- derstanding, and is deeply involved in a pleth- life to helping those in need. Keith carried on ness Week. This week of awareness gave us ora of other local and national Jewish organi- her legacy in the U.S. Army where he bravely the opportunity to highlight the issues and zations. Rabbi Davidson’s adept ability for served his country and made the ultimate sac- concerns that minority cancer patients and translating his values into action by positively rifice. their families face on a daily basis. It is impor- affecting the world around him is truly an in- Madam Speaker, please join me in honoring tant that we acknowledge the challenges spiration to all of those whose lives he has 1st Lt. Keith Heidtman and his service to our present for minorities who suffer with cancer touched. great Nation. Keith and his sacrifice will for- so that we can take the necessary steps to al- Madam Speaker, the accolades bestowed ever be remembered by me, a mourning Con- leviate these barriers. upon Jerome Davidson for his almost 50 years necticut, a grateful Nation, and family mem- Cancer patients endure chemotherapy, radi- of outstanding service to the Long Island com- bers who will never forget. ation therapy, surgical operations and other munity are well deserved. I ask all of my col- f forms of medical treatment to fight the numer- leagues to join me in honoring Rabbi Jerome ous types of cancer. The medical community Davidson for his outstanding work and wishing HONORING DR. MANUEL LOPEZ’S continues to conduct research to find cures for him many more years of success as he be- 80TH BIRTHDAY cancer and develop more effective ways to comes Rabbi Emeritus of Temple Beth-El of treat individuals struggling with the disease. Great Neck, New York. HON. LOIS CAPPS Unfortunately these medical advances are out f OF CALIFORNIA of reach for many minorities dealing with can- IN THE HOUSE OF REPRESENTATIVES cer. The American Cancer Society has docu- TRIBUTE TO 1ST LT. KEITH mented that the advances in cancer preven- Monday, June 11, 2007 HEIDTMAN tion, early detection, and treatment has Mrs. CAPPS. Madam Speaker, today I rise evaded minority groups: HON. JOE COURTNEY to pay tribute to Dr. Manuel (Manny) Lopez as Minority populations often face numerous OF CONNECTICUT he celebrates his 80th birthday. Dr. Lopez has obstacles receiving equal access to preven- IN THE HOUSE OF REPRESENTATIVES served the Oxnard community as a doctor, an tion, early detection, and quality treatment and activist, a community volunteer and as an tend to receive lower quality health care than Monday, June 11, 2007 elected official. I am pleased to recognize Dr. white patients even when insurance status, in- Mr. COURTNEY. Madam Speaker, today I Lopez on this special day. come, age, and severity of conditions are rise in tribute of an American patriot and fallen Born in Oxnard in 1927, Dr. Lopez attended comparable. Connecticut son. A native of Norwich, 1st Lt. local schools through high school, attended Racial and ethnic minorities may lack health Keith Heidtman was killed in Iraq on Memorial Ventura Community College and went on to insurance, earn lower incomes, and experi- Day, May 28, 2007 while piloting a helicopter attend DC Berkeley for his undergraduate ence language barriers, racial bias, and north of Baghdad. education and as a student of optometry. He stereotyping which can affect interactions be- I spent Memorial Day in Iraq with the troops returned to his community and has practiced tween patients and physicians and contribute and witnessed firsthand the dangers they face Optometry in Oxnard since 1962. to miscommunication or delivery of sub- every minute. To later learn that the day of my Before serving on the Oxnard City Council standard care. visit would also be the same as Keith’s pass- for 12 years and then serving as mayor for 14 Eighteen percent of African Americans and ing was particularly painful. years, Dr. Lopez was involved with the Oxnard 35 percent of Hispanic/Latinos are uninsured, Keith was a 2001 graduate of Norwich Free Planning Commission, the Housing Authority, while only 12 percent of whites lack health in- Academy where he was an all-conference the Redevelopment Agency, the Community surance. baseball player, talented basketball player, Relations Commission and the Economic De- I applaud the American Cancer Society and and honor student. He then attended the Uni- velopment Commission. While serving as a the American Cancer Society Cancer Action versity of Connecticut where he participated in Member of the Council and as mayor, Dr. Network for bringing national awareness to the ROTC, graduating cum laude in 2005 with a Lopez represented the city on a number of issues faced by minority cancer patients and bachelor’s degree in resource economics. local and regional committees dealing with for their efforts in celebrating National Minority After graduation, Keith joined the army. At such issues as transportation planning, waste- Cancer Awareness Week. the top of his class, he chose to attend the water treatment, local airport policy and agri- f United States Army Aviation Warfighting Cen- cultural land preservation. He has also partici- ter where he became a helicopter pilot. He pated in many community groups such as the IN RECOGNITION OF SERGEANT was deployed to Iraq in December as part of Oxnard Chamber of Commerce, the Hispanic BRANDON HADAWAY Task Force Lightning. Chamber of Commerce, the Oxnard Optimist Keith Heidtman represents the promise of Club, the Oxnard Boys and Girls Club and HON. MIKE ROGERS America. A talented and dedicated young many others. OF ALABAMA man, he laid down his life to serve his country. As a result of his dedication to his commu- IN THE HOUSE OF REPRESENTATIVES While his smile may no longer brighten the nity, Dr. Lopez was chosen as the 1991 lives of those around him, the memory of his Oxnard Distinguished Citizen of the Year and, Monday, June 11, 2007 life shall always endure. Young men and in 1992, he received the Patrick Henry Award. Mr. ROGERS of Alabama. Madam Speaker, women are serving our Nation with honor and In 2006 Dr. Lopez was the Grand Marshal of Sergeant Brandon Hadaway, 25, of Valley, distinction every day. They are on the the Oxnard Christmas Parade. It is my honor, Alabama, died on May 30, 2007, in Afghani- frontlines, defending those in need of help. Madam Speaker, to recognize and commend stan. Sergeant Hadaway was assigned to the There is no job nobler. Keith understood this Dr. Manuel Lopez for his ongoing service to 3rd Battalion, 82nd General Support Aviation

VerDate Mar 15 2010 10:27 May 28, 2010 Jkt 059102 PO 00000 Frm 00028 Fmt 0689 Sfmt 9920 E:\BR07\E11JN7.001 E11JN7 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 15366 EXTENSIONS OF REMARKS, Vol. 153, Pt. 11 June 11, 2007 Brigade, 82nd Airborne Division stationed in of his desire to nourish himself. He survives Fame. He and his wife Sheila live in Philadel- Fort Bragg, North Carolina. on barely on a few spoonfuls of putrid food phia’s West Oak Lane section. Sergeant Hadaway was serving on his third each day. At age 73, Bob continues his weeknight and tour when his helicopter took fire from enemy In the face of such horrific mistreatment, the Sunday broadcasts, offering his insights, his combatants, He was a proud graduate of Val- regime’s henchmen refuse to provide Mr. Dı´az stories, and his love on ‘‘the G.M.’’ And so I ley High School and will be dearly missed in or his family with medical diagnoses. Madam rise in recognition for a lifetime of achieve- his community. As a testament to his sacrifice, Speaker, let me be very clear, Mr. Dı´az ment. On behalf of all your grateful fans, thank the City of Valley has already declared a flag Sa´nchez is suffering at the whim of a mon- you Bob Perkins, native son and Philadelphia day in his honor. strous regime just 90 miles from our shore, al- civic treasure. Words cannot express the sense of sadness though he has done nothing other than desire f we have for his family, and for the gratitude that his children and the long-suffering people AGRICULTURAL PRODUCERS our country feels for his service. Sgt. of Cuba live in freedom with fundamental VALUE-ADDED INVESTMENT TAX Hadaway, like other brave men and women human rights and dignity. CREDIT ACT OF 2007 who have served in uniform, died serving not Madam Speaker, Mr. Dı´az Sa´nchez has just the United States, but the entire cause of courageously risked his life in order to bring a liberty. Indeed, like those who have served be- semblance of humane treatment to those con- HON. JOHN M. McHUGH fore him, he was a true American. fined in the nightmare that is the totalitarian OF NEW YORK We will forever hold him closely in our gulag. His example shines a light of courage IN THE HOUSE OF REPRESENTATIVES hearts, and remember his sacrifice and that of on the abominable disregard for human rights Monday, June 11, 2007 his family as a remembrance of his bravery in that oppressed island. My Colleagues, we Mr. MCHUGH. Madam Speaker, I rise today and willingness to serve our nation. Thank must demand the immediate and unconditional to introduce the Agricultural Producers Value- you, Madam Speaker, for the House’s remem- release of Antonio Ramo´n Dı´az Sa´nchez and Added Investment Tax Credit Act of 2007, brance at this mournful occasion. every political prisoner in totalitarian Cuba. which is designed to give agricultural pro- f f ducers an incentive to invest in value-added enterprises. Through such investment, agricul- FREEDOM FOR ANTONIO RAMO´ N HONORING BOB PERKINS FOR AD- tural producers would not only realize a great- DI´AZ SA´ NCHEZ VANCING JAZZ THROUGH HIS er share of the profits generated by their prod- BROADCAST AND WRITING CA- ucts, but would also further economic develop- HON. LINCOLN DIAZ-BALART REER ment efforts, particularly in rural areas like my OF FLORIDA Central and Northern New York Congressional IN THE HOUSE OF REPRESENTATIVES HON. CHAKA FATTAH District. Monday, June 11, 2007 OF PENNSYLVANIA Specifically, the Agricultural Producers IN THE HOUSE OF REPRESENTATIVES Value-Added Investment Tax Credit Act would Mr. LINCOLN DIAZ-BALART of Florida. Monday, June 11, 2007 provide a 50-percent tax credit, up to $30,000 Madam Speaker, I rise today to speak about annually, for producers who invest in value- Antonio Ramo´n Dı´az Sa´nchez, a prisoner of Mr. FATTAH. Madam Speaker, I rise today added enterprises. To allow for the cyclical na- conscience in totalitarian Cuba. to recognize and commend Bob Perkins, an ture of farm incomes, this legislation would Mr. Dı´az Sa´nchez, an electrician by profes- outstanding Philadelphian who has devoted allow the tax credit to be applied over a 20- sion, is a member of the Christian Liberation more than four decades as a radio host and year period. In the case of a farmer-owned en- Movement and a peaceful pro-democracy ac- commentator to the advancement and enjoy- tity, the credit would be allocated on a pro rata tivist who desires to exercise his basic human ment of Jazz. basis among eligible persons holding qualified rights and who supports freedom, democracy ‘‘B.P. with the G.M.’’ has been the radio sig- interests in the entity. and the Rule of Law for the people of Cuba. nature for Bob Perkins bringing the Good Sadly, American farmers often get the Unfortunately, the nightmare that is the totali- Music of Jazz to grateful Philadelphia listeners smallest portion of the profit generated by the tarian regime continues to oppress the men for the past ten years from WRTI–FM, the raw product they produce. As the agricultural and women of Cuba, especially those who Temple University flagship station. product is transported, processed, and mar- work to shed light on the vicious crimes com- Bob Perkins has entertained and informed keted before it arrives on the grocery shelf, mitted against the Cuban people by the tyrant. listeners for 42 years as a radio newscaster, several middlemen cash in on the product. By In March 2003, as part of the tyrant’s con- commentator and jazz host, 37 of those years offering this tax credit, we can provide farmers demnable crackdown on peaceful, pro-democ- in Philadelphia, while writing opinion pieces and farmer-owned entities with an added in- racy activists, Mr. Dı´az Sa´nchez was arrested and jazz commentary for numerous local pub- centive to produce value-added products and simply for expressing his opinions. Mr. Dı´az lications. move toward greater financial independence. Sa´nchez was subjected to a sham trial where Bob was born and raised in South Philadel- They will be able to earn more by reaching up he was ‘‘sentenced’’ to 20 years of confine- phia, where he listened night and day to the the agricultural marketing chain to capture ment in the infernal totalitarian dungeons of radio that was on constantly in the Perkins more of the profits their product generates. In the brutal regime. household. His career took him briefly to De- addition, producer investment in value-added Mr. Dı´az Sa´nchez has continued to advo- troit, but by 1969 he was back in Philadelphia enterprises will help American farmers adapt cate for freedom and justice while locked in at WDAS as newscaster, news director and to the challenges of marketing their products the hellish squalor of the dictatorship’s gulag. editorial director. Meanwhile he was hosting a in an increasingly global economy. He has participated in various hunger strikes popular Saturday night Jazz program on public Finally, the Agricultural Producers Value- to draw attention to the horrific conditions that radio’s WHYY–FM. Added Investment Tax Credit Act would fur- political prisoners are subjected to in the Ten years ago Bob moved to WRTI–FM, ther economic development efforts in and help gulag. He is routinely denied medical treat- where he shares his encyclopedic knowledge stem migration from rural areas. This aspect ment although he currently suffers from painful of Jazz, and the men and women who perform of the legislation is very important to all of my colitis and has been denied a biopsy for a rap- it, with his devoted audience. It is program- constituents as seven of the 11 counties I rep- idly growing tumor on his prostrate. ming that brings prestige and listeners to resent have poverty rates greater than the na- According to Mr. Dı´az Sa´nchez’s nephew, WRTI–FM while keeping alive this unique and tional rate of 12.7 percent. In addition, 5 of my NGOs have offered Mr. Dı´az anti-inflammatory indigenous American art form. constituent counties have experienced a de- medications to relieve his symptoms but as of Bob Perkins has been the deserving recipi- crease in their populations since 2000. yet neither he nor his family have received ent of more than three dozen awards for jour- Thus, it is my hope that my colleagues will any such medications to relieve his symptoms. nalistic, broadcast and community excellence. join with me to enact this important legislation. The burden of the cruel treatment he has re- He is the recipient of a Mellon Jazz Commu- It not only would help American farmers, but ceived and the physical strain of the sub- nity Service Award and the Kal Rudman Mile- it would provide yet another tool in our effort human conditions in which Mr. Dı´az Sa´nchez stone in Radio Award. In 2003, he was in- to further economic opportunities and increase is forced to live have completely drained him ducted into the Philadelphia Broadcast Hall of the quality of life in our nation’s rural areas.

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IN THE HOUSE OF REPRESENTATIVES say that we need to accomplish something And yet, time and time again, I hear from this Congress to get us on the path toward the early education community in Hawaii that Monday, June 11, 2007 mandatory emissions cuts. I truly hope that we even with more classrooms and more money, Mr. ENGEL. Madam Speaker, I rise today to enact a strong cap and trade bill, but unfortu- they could not make real progress toward announce the introduction of the Greenhouse nately the President has made quite clear that serving every family who wants to send their Gas Accountability Act of 2007. This legisla- he will veto any efforts to enact such legisla- children to preschool because they don’t have tion can serve as an essential first step in a tion. If the President insists on such an unwise enough qualified teachers. comprehensive policy to combat climate decision I hope that at the very least he would We know that a highly qualified teacher change. consider backing the Greenhouse Gas Ac- makes a huge difference for children. We owe When constructing a comprehensive, econ- countability Act. Global warming is simply too it to them to have a teacher who knows what omy-wide global warming policy, what is the important for us to play politics with this issue. he or she is doing. Unfortunately, there are first thing we have to know? It is what we are f strong economic barriers to increasing the currently emitting, who is emitting it, and data number of qualified early education workers. on where in the economy it makes sense to INTRODUCING THE EARLY CHILD- When students are choosing a career, it is un- regulate. The biggest mistake the EU made in HOOD EDUCATOR LOAN FOR- likely that they will decide to take on the thou- creating its cap and trade system was distrib- GIVENESS ACT OF 2007 sands of dollars in educational debt for a job uting credits without having a good idea of its that will pay so little. The average preschool emissions first. This resulted in power compa- HON. MAZIE K. HIRONO teacher makes less than janitors, secretaries, nies being given more credits they needed. In OF HAWAII and many other workers with only a high turn these power companies were able to sell IN THE HOUSE OF REPRESENTATIVES school diploma. As the saying goes, ‘‘it just their excess credits and gain a windfall rather Monday, June 11, 2007 doesn’t add up.’’ than being forced to reduce emissions. We can change the equation. We can start This comprehensive registry will give us all Ms. HIRONO. Madam Speaker, I rise today by providing loan forgiveness to students who the data we need to craft future legislation and to introduce the Early Childhood Educator get a degree in early childhood education or a intelligently decide how to allocate credits. I Loan Forgiveness Act of 2007. related field and then teach in low income am not suggesting that this legislation act as We have paid a lot of attention to reauthor- communities, where the real need is, for 5 a substitute to a cap and trade program, how- izing the No Child Left Behind Act so far this years. This bill will do just that. ever. Speaker PELOSI, Chairman DINGELL and year. One of the disturbing things we often Cost is not the only prohibitive factor for Chairman BOUCHER have all pledged to bring hear in these discussions is how far behind prospective early education teachers. In some a comprehensive cap and trade bill to the our students are when compared with their places there are simply no training programs House floor by the end of this year. I applaud peers around the world. Another problem we available. Our teachers’ colleges are not pre- these efforts and that is why I am a cosponsor have talked a lot about is the persistent pared to turn out the number of quality teach- of two of the most prominent cap and trade achievement gap between well-off, White chil- ers we will need if we are to make a real in- bills in the House today. At the very least I dren and everyone else in this country. vestment in early education. Further, even hope the Greenhouse Gas Accountability Act Last month Speaker PELOSI hosted a Na- with a more robust workforce, States would can become an amendment to one of these tional Summit for America’s Children, where not have the money they need to implement worthy cap and trade proposals. we heard from leading child development ex- high-quality early education standards, build Not only will this bill lay the groundwork for perts about the importance of providing high- the facilities, and run the programs. I am work- future legislation on climate change, but the quality early education opportunities to boost ing with Chairman MILLER and others on the bill will serve other important functions as well. success in school and in life. Education and Labor Committee to address For instance, by requiring greenhouse gas re- Science shows definitively that a majority of these problems in other pieces of legislation. ports by entity and by facility investors will be brain development occurs in the first few years But while we work on all the other issues, able accurately assess the risks and opportu- of life, and that influences—positive or nega- we cannot wait to pass this bill. It is a nec- nities of various companies. Currently all in- tive—in these formative years can last a life- essary first step because its benefits will not vestors know that carbon regulation is coming. time. We were reminded at the summit that accrue immediately—training new teachers will But despite heroic efforts by the Carbon Dis- ‘‘getting it right’’ in the early years is ‘‘far more take time. closure Project, many companies still do not advantageous than trying to fix things later.’’ I urge my colleagues to support this bill so disclose their carbon emissions to their inves- Kindergarten teachers know from first-hand that we do not miss a chance to make real tors. This bill will require all large publicly trad- experience what scientists know from their re- progress toward closing the disturbing ed companies to finally let their investors know search: Often when 5 year olds enter school, achievement gaps our children face—both what they are doing about the climate. there is already a noticeable achievement gap amongst themselves and when compared with Further, the public will be able to hold com- between those students from more privileged their peers around the world. panies accountable for their actions to address backgrounds and those from disadvantaged f global warming. Just as we saw with the suc- households. cessful Toxics Release Inventory program, Too often, working families cannot afford to INTRODUCTION OF THE BLAIR many companies will see the light once they send their children to a high quality preschool, HOLT FIREARM LICENSING AND truly become aware of their own impacts. This so the youngsters end up spending their form- RECORD OF SALE ACT OF 2007 increased awareness will almost assuredly ative years in the care of family members— lead to reduced emissions. often untrained in early childhood develop- HON. BOBBY L. RUSH Perhaps the most important aspect of the ment. The resulting hours in front of a tele- OF ILLINOIS legislation is that it would require international vision certainly do not stimulate the positive IN THE HOUSE OF REPRESENTATIVES companies who trade on American stock ex- neural activity needed for healthy brain devel- changes to report their emissions abroad as opment. Monday, June 11, 2007 well. No longer will we be in the dark about Not only does this experience limit the Mr. RUSH. Madam Speaker, today I intro- how foreign operations in developing countries child’s potential for success in school, it also duce the Blair Holt Firearm Licensing and are adding to the world’s accumulation of hurts our country. Children without a high Record of Sale Act of 2007. greenhouse gases. This means that we could quality early education experience are less I introduce this bill in tribute to a brave finally have a window into what the true emis- likely to contribute to the economy, more likely young hero, Blair Holt, who sacrificed his life sions of greenhouse gases are in countries to commit crimes, and more likely to experi- in an attempt to protect the life of a friend.

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My son lost his SR–301 MEETINGS SCHEDULED 2 p.m. life back in 1999 due to senseless gun vio- Foreign Relations JUNE 13 lence and my nephew sits in jail today, con- To hold hearings to examine the nomina- victed of fatally shooting someone. 9:30 a.m. tions of Anne Woods Patterson, of Vir- I am sick and tired of shooting and the loss Veterans’ Affairs ginia, to be Ambassador to the Islamic of innocent lives over and over again in our To hold an oversight hearing to examine Republic of Pakistan, Nancy J. Powell, neighborhoods. Department of Veterans Affairs, De- of Iowa, to be Ambassador to Nepal, In Chicago, since the beginning of this partment of Defense, and Department Joseph Adam Ereli, of the District of school year alone, over 31 children have lost of Labor cooperation on employment Columbia, to be Ambassador to the their life by violence, and the great majority issues. Kingdom of Bahrain, Richard Boyce were killed with guns. SD–562 Norland, of Iowa, to be Ambassador to This bill will assist law enforcement in track- 10 a.m. the Republic of Uzbekistan, and Ste- ing the flow of guns and require those who Homeland Security and Governmental Af- phen A. Seche, of Virginia, to be Am- fairs possess guns to be trained in gun safety, han- bassador to the Republic of Yemen. Business meeting to consider S. 1257, to SD–419 dling, and storage. provide the District of Columbia a vot- Appropriations The purpose of this bill is to restrict the ing seat and the State of Utah an addi- Homeland Security Subcommittee availability of firearms to criminals, youth, and tional seat in the House of Representa- Business meeting to markup proposed gang members, and to protect the public tives, S. 274, to amend chapter 23 of legislation making appropriations for against the unreasonable risk of injury and title 5, United States Code, to clarify Homeland Security for the fiscal year death associated with the unrecorded sale and the disclosures of information pro- ending September 30, 2008. transfer of guns. tected from prohibited personnel prac- S–128, Capitol I know that the powerful gun lobby will at- tices, require a statement in nondisclo- tack this bill for restricting the availability of sure policies, forms, and agreements JUNE 14 guns, but all of us who live in the inner cities that such policies, forms, and agree- 9:30 a.m. where our children and family members are ments conform with certain disclosure Armed Services protections, provide certain authority losing their lives on a weekly or daily basis un- Business meeting to markup an original for the Special Counsel, H.R. 1254, to bill entitled ‘‘Dignified Treatment of derstand the need to implement a common amend title 44, United States Code, to sense federal law that will inform law enforce- Wounded Warriors Act’’. require informationon contributors to SR–325 ment of where the guns are and who is pos- Presidential library fundraising organi- Small Business and Entrepreneurship sessing them. zations, S. Res. 22, reaffirming the con- To hold hearings to examine the impact This bill will implement the same type of stitutional and statutory protections of rising gas prices on America’s small system that we have in place for licensing accorded sealed domestic mail, S. 967, businesses. drivers and registering cars. No sensible indi- to amend chapter 41 of title 5, United SR–428A vidual can argue with the fact that with over States Code, to provide for the estab- 10 a.m. 200 million guns in the United States, we need lishment and authorization of funding Commerce, Science, and Transportation a uniform system to keep track of these weap- for certain training programs for su- To hold hearings to examine public safe- pervisors of Federal employees, S. 1046, ty and competition issues, focusing on ons. Mayors and law enforcement officials to modify pay provisions relating to across the country have been calling for this the 700MHz auction. certain senior-level positions in the SR–253 type of legislation for years and I hope that we Federal Government, S. 1099, to amend Judiciary will be successful in making Blair’s Bill federal chapter 89 of title 5, United States Business meeting to consider S. 535, to law. Code, to make individuals employed by establish an Unsolved Crimes Section Madam Speaker, the future of our children, the Roosevelt Campobello Inter- in the Civil Rights Division of the De- our families, and our communities is at stake. national Park Commission eligible to partment of Justice, and an Unsolved I encourage my colleagues to join my efforts obtain Federal health insurance, S. 597, Civil Rights Crime Investigative Office to increase accountability in our firearm policy to extend the special postage stamp for in the Civil Rights Unit of the Federal and support H.R. 2666—the Blair Holt Firearm breast cancer research for 2 years, H.R. Bureau of Investigation, S. 456, to in- 1255, and S. 886, bills to amend chapter Licensing and Record of Sale Act of 2007. crease and enhance law enforcement 22 of title 44, United States Code, popu- resources committed to investigation f larly known as the Presidential and prosecution of violent gangs, to SENATE COMMITTEE MEETINGS Records Act, to establish procedures deter and punish violent gang crime, to for the consideration of claims of con- Title IV of Senate Resolution 4, protect law-abiding citizens and com- stitutionally based privilege against munities from violent criminals, to re- agreed to by the Senate on February 4, disclosure of Presidential records, and vise and enhance criminal penalties for 1977, calls for establishment of a sys- S. 381, to establish a fact-finding Com- violent crimes, to expand and improve tem for a computerized schedule of all mission to extend the study of a prior gang prevention programs, S. 1145, to meetings and hearings of Senate com- Commission to investigate and deter- amend title 35, United States Code, to mittees, subcommittees, joint commit- mine facts and circumstances sur- provide for patent reform, S. Res. 105, tees, and committees of conference. rounding the relocation, internment, designating September 2007 as ‘‘Cam- and deportation to Axis countries of This title requires all such committees pus Fire Safety Month’’, S. Res. 215, Latin Americans of Japanese descent to notify the Office of the Senate Daily designating September 25, 2007, as ‘‘Na- from December 1941 through February tional First Responder Appreciation Digest—designated by the Rules Com- 1948, and the impact of those actions by Day’’, the nomination of Leslie South- mittee—of the time, place, and purpose the United States, and to recommend wick, of Mississippi, to be United of the meetings, when scheduled, and appropriate remedies. States Circuit Judge for the Fifth Cir- any cancellations or changes in the SD–342 cuit, and possible authorization of sub- meetings as they occur. Appropriations poenas in connection with the inves- As an additional procedure along Military Construction and Veterans’ Af- tigation of the legal basis for the with the computerization of this infor- fairs, and Related Agencies Sub- warrantless wiretap program. mation, the Office of the Senate Daily committee SD–226 Business meeting to markup proposed Digest will prepare this information for Joint Economic Committee legislation making appropriations for To hold hearings to examine importing printing in the Extensions of Remarks Military Construction, Veterans Af- success, focusing on work-family poli- section of the CONGRESSIONAL RECORD fairs, and Related Agencies for the fis- cies from aboard make economic sense on Monday and Wednesday of each cal year ending September 30, 2008. for the United States. week. SD–124 SH–216

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