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

Vol. 153 WASHINGTON, THURSDAY, SEPTEMBER 20, 2007 No. 140 House of Representatives The House met at 10 a.m. and was THE JOURNAL for host country resident personal services contractors of the Peace Corps. called to order by the Speaker pro tem- The SPEAKER pro tempore. The pore (Ms. DEGETTE). Chair has examined the Journal of the f f last day’s proceedings and announces ANNOUNCEMENT BY THE SPEAKER to the House her approval thereof. DESIGNATION OF THE SPEAKER PRO TEMPORE Pursuant to clause 1, rule I, the Jour- PRO TEMPORE nal stands approved. The SPEAKER pro tempore. The The SPEAKER pro tempore laid be- Mr. WILSON of South Carolina. Chair will entertain up to five 1-minute fore the House the following commu- Madam Speaker, pursuant to clause 1, speeches per side. nication from the Speaker: rule I, I demand a vote on agreeing to f WASHINGTON, DC, the Speaker’s approval of the Journal. September 20, 2007. The SPEAKER pro tempore. The JENA, LOUISIANA I hereby appoint the Honorable DIANA question is on the Speaker’s approval (Ms. KILPATRICK asked and was DEGETTE to act as Speaker pro tempore on of the Journal. given permission to address the House this day. The question was taken; and the NANCY PELOSI, for 1 minute.) Speaker of the House of Representatives. Speaker pro tempore announced that Ms. KILPATRICK. Madam Speaker, the ayes appeared to have it. Members of Congress, people of the f Mr. WILSON of South Carolina. United States of America, I stand this PRAYER Madam Speaker, I object to the vote on morning as chairperson of the Congres- the ground that a quorum is not The Chaplain, the Reverend Daniel P. sional Black Caucus to say thank you present and make the point of order Coughlin, offered the following prayer: to the thousands of people who are in that a quorum is not present. Lord God Almighty, people approach Jena, Louisiana as we speak, and the The SPEAKER pro tempore. Pursu- You, the infinite source of life and tens of thousands around this country ant to clause 8, rule XX, further pro- love, through various faith traditions. standing for liberty and justice for all. ceedings on this question will be post- This Nation rejoices and protects the Unfortunately, a tragic accident hap- poned. freedom of religious expression of its pened in Jena, Louisiana. A gentleman The point of no quorum is considered people as a basic human right. Such has been incarcerated since December; withdrawn. tolerance and mutual respect may well the appeals court has thrown out the prove to be America’s greatest export f conviction; he is still incarcerated. Six to the rest of the world. PLEDGE OF ALLEGIANCE young men attacked, two days before Lord, in our day, as in the past, all the incident that they are in jail for, The SPEAKER pro tempore. Will the and now we ask for justice. religious traditions help individuals, gentleman from Missouri (Mr. AKIN) societies, and cultures combat three This is an important day in the his- come forward and lead the House in the tory of our country. We rise, as we just poisons that the ancients thought Pledge of Allegiance. would always threaten to destroy us. said the Pledge of Allegiance, justice Mr. AKIN led the Pledge of Alle- and liberty for all. Congratulations to The three poisons are greed, anger, and giance as follows: ignorance. the attorneys, to the coalition, to the I pledge allegiance to the Flag of the families. Let’s retry this in juvenile With religious insight and righteous United States of America, and to the Repub- discipline, Lord, You empower faith- court where it ought to be and bring lic for which it stands, one nation under God, justice to the Jena 6. Congratulations, filled people to fight off such internal indivisible, with liberty and justice for all. young men. Stand strong. We are with disease and become healthy again. f Lord, help Your people in these des- you. God bless. MESSAGE FROM THE SENATE perate times to find and live into ‘‘a f cure.’’ A message from the Senate by Ms. The antidote for greed is justice for Curtis, one of its clerks, announced HONORING THE RETIREMENT OF all; anger is converted by compassion that the Senate has passed without DR. PASCAL SPINO for others; and ignorance is overcome amendment a bill of the House of the (Mr. TIM MURPHY of Pennsylvania by knowledge of others and from oth- following title: asked and was given permission to ad- ers. Heal us who call upon Your holy H.R. 3528. An act to provide authority to dress the House for 1 minute and to re- name, now and forever. Amen. the Peace Corps to provide separation pay vise and extend his remarks.)

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

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VerDate Aug 31 2005 00:12 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.000 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN H10630 CONGRESSIONAL RECORD — HOUSE September 20, 2007 Mr. TIM MURPHY of Pennsylvania. Mr. POE. Madam Speaker, ‘‘I do not House for 1 minute and to revise and Madam Speaker, I rise today to recog- believe that the men who served in uni- extend his remarks.) nize the career of Dr. Pascal Spino of form in Vietnam have been given the Mr. KLINE of Minnesota. Madam Greensburg, Pennsylvania, a remark- credit they deserve. It was a difficult Speaker, I rise today in recognition of able physician. war against an unorthodox enemy.’’ the 46th anniversary of the United After serving 60 years as a pediatri- These are the words of General West- States Peace Corps. Saturday, Sep- cian, Dr. Spino is retiring after this moreland in the war where ‘‘all gave tember 22, marks the date on which long career. In 1954, he founded the some and some gave all.’’ But the dis- Congress approved legislation formally first well baby clinic in Westmoreland respect continues. Now, despicable van- authorizing the Peace Corps to pro- County, which provides free exams and dals have desecrated the sacred black mote world peace and friendship. immunizations to children up to 6 granite Vietnam Wall. An oily, slimy, Since that time, more than 187,000 years old. In 1972, Dr. Spino started the greasy substance was smeared over the Peace Corps volunteers have been in- Render Any Needy Child Help program Wall and the walkway. The Park Serv- vited by 139 host countries to work on to provide medical care for abused chil- ice is attempting to remove the dam- issues ranging from education to agri- dren. He then went on to create a Level age, but the monument desecraters run cultural support and environmental II nursery and modern pediatric de- free. preservation. Today’s Peace Corps is partment at Westmoreland Regional This monument bears the name of more vital than ever, working and Hospital. 56,000 warriors. They answered the call emerging in essential areas such as in- Dr. Spino has received a number of for America and they died in their formation technology and business de- recognitions, including Dr. Spino Day youth. I grew up with friends whose velopment, and committing more than in Westmoreland County, for his life- names are on that wall. 1,000 new volunteers as part of the time commitment to helping others. The unpatriotic, cowardly, abusing President’s Emergency Plan for Aids More than 4,000 people were in attend- criminals should be tracked down, Relief. I am proud that Minnesota’s Second ance, despite a downpour of rain. prosecuted, and put in jail somewhere I ask my colleagues to join me in off the shores of America, maybe Guan- District is home to Carleton and St. Olaf Colleges. Both schools, located in honoring Dr. Spino’s career, personal tanamo Bay. It has been said that ‘‘Vietnam was a Northfield, Minnesota have been recog- sacrifice, and devotion to improving war that asked everything of a few and nized nationally for the large number our health care system and helping nothing of most in America.’’ Now of their graduates serving in the Peace children. America must be resolved to capture Corps. These volunteers continue to f these outlaws and restore dignity to help countless individuals who want to ARMY STAFF SERGEANT those who died for the rest of us. build a better life for themselves, their GREGORY RIVERA-SANTIAGO And that’s just the way it is. children, and their communities. It is (Mrs. CHRISTENSEN asked and was f an honor to stand before you to recog- nize the Corps and their volunteers. given permission to address the House CHIP f for 1 minute and to revise and extend (Ms. SCHWARTZ asked and was her remarks.) given permission to address the House TIME FOR A REAL CHANGE AND Mrs. CHRISTENSEN. Madam Speak- for 1 minute.) DIRECTION IN IRAQ er and colleagues, I rise today bearing Ms. SCHWARTZ. As one of the origi- (Mr. PERLMUTTER asked and was the grief of our community at the loss nal architects of CHIP in Pennsyl- given permission to address the House of yet another of our sons in the Iraq vania, I have seen firsthand that it is for 1 minute.) war. Army Staff Sergeant Gregory Ri- possible to bring together public and Mr. PERLMUTTER. Madam Speaker, vera-Santiago was 26 years old. He was private stakeholders and expand health I rise today to encourage all of my col- killed when his vehicle overturned in coverage to millions of children, chil- leagues in the House and the Senate to Baghdad. An Honor Guard of the 82nd dren of working families who cannot exercise the courage to begin a true Airborne Division escorted his body afford the increasing cost of coverage. new direction in Iraq. home this Monday. It was his third And now, the Democratic majority is Our brave men and women serving in tour; he would have returned home in poised to ensure that 10 million unin- our military are completing every mis- November. sured children in this country get the sion they have been asked; and for that In the midst of our deep sadness, I health care they need and deserve. The I thank them and America thanks also come to the well of this House Democratic majority is delivering on them. But the President keeps moving with great pride in this young man. An our promise, and I am proud of the the goalposts and redefining the mis- excellent student while at the St. Croix work that we have accomplished to ex- sion. Educational Complex, a courageous pand health care to working families. Last week, the President announced soldier, a devoted husband, son, father, The American people understand the a potential drawdown of troops from and friend. importance of getting health care to Iraq by July of 2008, leaving approxi- Staff Sergeant Rivera-Santiago is the America’s children. 270 organizations mately 130,000 troops in Iraq. This is no seventh soldier we have lost in Iraq representing our Nation’s seniors, change, and it is unacceptable. from our small territory. It is a tragic nurses, unions, businesses have put The American people will not be reminder of a war gone wrong and gone aside their differences to urge for CHIP fooled by these smoke-and-mirror tac- on for far too long. It is time to begin reauthorization. American families tics. The President said the surge was the process of bringing our men and want and need us to maintain and ex- intended to provide time for the Iraqis women home. pand CHIP. Their children are counting to make political progress; yet, there Madam Speaker and colleagues, we on us. has been no political progress and no are eternally grateful for Gregory’s life The next step is for Congress to ap- improvement in the situation in Iraq. and service, and extend our heartfelt prove this commonsense, compromise The Iraqis have only met 3 of 18 bench- condolences to his family, his mother legislation, hopefully with Republican marks for success, all the while they Mrs. Carmen Santiago, his wife support, and send a strong message to are mired in a religious civil war. Brooke, and their children. God bless the President to support our efforts to- Enough is enough. It is time for real them, God bless Gregory, and God bless wards the goal of insuring every Amer- change and direction in Iraq. all who are serving in our Armed ican child. f Forces. f A STRONG BULGARIA-INDIA f FORTY-SIXTH ANNIVERSARY OF RELATIONSHIP THE WALL DESECRATERS THE CREATION OF THE PEACE (Mr. WILSON of South Carolina (Mr. POE asked and was given per- CORPS asked and was given permission to ad- mission to address the House for 1 (Mr. KLINE of Minnesota asked and dress the House for 1 minute and to re- minute.) was given permission to address the vise and extend his remarks.)

VerDate Aug 31 2005 00:12 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.003 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10631 Mr. WILSON of South Carolina. the 35th anniversary of his distin- the bill are waived except those arising Madam Speaker, I rise today to recog- guished broadcasting career at WJR, under clause 9 or 10 of rule XXI. General de- nize the recent trip by Bulgarian Prime the great voice of the Great Lakes. bate shall be confined to the bill and the Minister Sergei Stanishev to India to Since 1972, Frank Beckmann has amendments considered as adopted by this resolution and shall not exceed one hour highlight the growing relationship be- steadily risen through the station’s equally divided and controlled by the chair- tween these two democracies. As co- ranks until today he stands as a be- man and ranking minority member of the chair of both the Bulgaria Caucus and loved, in most quarters, Detroit radio Committee on Transportation and Infra- the Caucus on India and Indian Ameri- personality. Frank’s iconic status was structure. After general debate the bill shall cans, I am encouraged by this good cemented in February of 2003 when the be considered for amendment under the five- news. ‘‘Frank Beckmann Show’’ debuted. minute rule. In lieu of the amendment in the This visit marks a continuation of Over the ensuing years, Frank’s com- nature of a substitute recommended by the the economic relationship both nations mitment to providing fair and candid Committee on Transportation and Infra- structure now printed in the bill, the amend- have fostered by expanding their trade news has earned him a legion of fans ment in the nature of a substitute printed in and investment opportunities. America and countless awards, which he, no part A of the report of the Committee on will be a key ally of Bulgaria and India doubt, is at the present time trying to Rules accompanying this resolution, modi- in providing growth for their partner- count regardless. fied by the amendment printed in part B of ship. Madam Speaker, over the years, such report, shall be considered as adopted in As a member of NATO and the Euro- Frank has enlightened and entertained the House and in the Committee of the pean Union, Bulgaria is a friend of the radio audiences with his laid back Whole. The bill, as amended, shall be consid- United States. We are in a unique posi- humor, his probing interviews and his ered as the original bill for the purpose of further amendment under the five-minute tion to strengthen their relationship male pattern baldness. rule and shall be considered as read. All with our allies throughout the world. I ask my colleagues to join me in points of order against provisions in the bill, Additionally, India remains one of our honoring Frank Beckmann’s loyalty to as amended, are waived. Notwithstanding strategic partners in Asia under the his listeners, dedication to the truth, clause 11 of rule XVIII, no further amend- leadership of Prime Minister and enduring contribution to broad- ment to the bill, as amended, shall be in Manmohan Singh. I am pleased that casting, our community, and our coun- order except those printed in part C of the the United States and India are final- try. report of the Committee on Rules. Each such izing the civilian nuclear agreement amendment may be offered only in the order f printed in the report, may be offered only by that will expand the use of a clean en- a Member designated in the report, shall be ergy source for India and fulfill our RESIGNATION AS MEMBER OF COMMITTEE ON SCIENCE AND considered as read, shall be debatable for the nonproliferation efforts. time specified in the report equally divided TECHNOLOGY In conclusion, God bless our troops, and controlled by the proponent and an op- and we will never forget September the The SPEAKER pro tempore laid be- ponent, shall not be subject to amendment, 11th. fore the House the following resigna- and shall not be subject to a demand for divi- sion of the question in the House or in the f tion as a member of the Committee on Science and Technology: Committee of the Whole. All points of order IRAQ against such amendments are waived except HOUSE OF REPRESENTATIVES, those arising under clause 9 or 10 of rule XXI. (Ms. WATSON asked and was given Washington, DC, September 19, 2007. At the conclusion of consideration of the bill permission to address the House for 1 Hon. NANCY PELOSI, for amendment the Committee shall rise and minute.) Speaker of the House, House of Representatives, report the bill, as amended, to the House Ms. WATSON. Madam Speaker, dur- Washington, DC. with such further amendments as may have DEAR MADAM SPEAKER: This letter is to ad- been adopted. The previous question shall be ing the course of the war in Iraq, the vise you that, effective today, I am resigning American people have paid a very considered as ordered on the bill and amend- my seat on the House Committee on Science ments thereto to final passage without inter- heavy price, not just financially, al- and Technology. vening motion except one motion to recom- though the war has already cost over Thank you for your attention to this mat- mit with or without instructions. 400 billion taxpayer dollars, but also ter. SEC. 2. During consideration in the House through the tragic loss of at least 3,775 Sincerely, of H.R. 2881 pursuant to this resolution, not- American lives, with countless more MICHAEL M. HONDA, withstanding the operation of the previous injured. And under the President’s plan Member of Congress. question, the Chair may postpone further to continue our failed policy in Iraq, The SPEAKER pro tempore. Without consideration of the bill to a time designated these immense sacrifices will continue. objection, the resignation is accepted. by the Speaker. According to General Petraeus, if we There was no objection. The SPEAKER pro tempore. The gen- go forward with this war as the Presi- f tleman from Vermont is recognized for 1 hour. dent wants us to, on average, two U.S. PROVIDING FOR CONSIDERATION men and women will die every day; an- Mr. WELCH of Vermont. Madam OF H.R. 2881, FAA REAUTHORIZA- Speaker, for the purpose of debate other 15 will be wounded each day; and TION ACT OF 2007 we will spend $300 million each and only, I yield the customary 30 minutes every day we are there. Mr. WELCH of Vermont. Madam to the gentleman from Florida (Mr. It seems that these massive losses do Speaker, by direction of the Com- LINCOLN DIAZ-BALART). not register with some of my Repub- mittee on Rules, I call up House Reso- All time yielded during consideration lican colleagues who continue to sup- lution 664 and ask for its immediate of the rule is for debate only, and I ask port an open-ended commitment in consideration. unanimous consent that all Members Iraq. In fact, Republican Leader The Clerk read the resolution, as fol- have 5 legislative days within which to BOEHNER even said recently, when lows: revise and extend their remarks and in- asked how much longer we should stay H. RES. 664 sert extraneous materials into the in Iraq, that the sacrifice being made Resolved, That at any time after the adop- RECORD. will be a small price. I don’t think so. tion of this resolution the Speaker may, pur- The SPEAKER pro tempore. Is there suant to clause 2(b) of rule XVIII, declare the objection to the request of the gen- f House resolved into the Committee of the tleman from Vermont? b 1015 Whole House on the state of the Union for There was no objection. consideration of the bill (H.R. 2881) to amend Mr. WELCH of Vermont. I yield my- HONORING FRANK BECKMANN title 49, United States Code, to authorize ap- self such time as I may consume. (Mr. MCCOTTER asked and was given propriations for the Federal Aviation Admin- Madam Speaker, H. Res. 664 provides permission to address the House for 1 istration for fiscal years 2008 through 2011, to for consideration of H.R. 2881, the FAA improve aviation safety and capacity, to pro- minute and to revise and extend his re- vide stable funding for the national aviation Reauthorization Act of 2007, under a marks.) system, and for other purposes. The first structured rule. The resolution pro- Mr. MCCOTTER. Madam Speaker, I reading of the bill shall be dispensed with. vides 1 hour of debate, equally divided rise to honor Frank Beckmann upon All points of order against consideration of and controlled by the chairman and

VerDate Aug 31 2005 00:12 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.006 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN H10632 CONGRESSIONAL RECORD — HOUSE September 20, 2007 ranking minority member of the funding programs to increase runway tribution of over $25 billion annually, Transportation and Infrastructure safety inspectors, funding programs to generating almost 300,000 jobs, $638 mil- Committee. The rule makes four increase runway safety, and requiring lion in Federal aviation tax revenue, Democratic amendments and four Re- regular inspections of foreign repair and $956 million in State, county, and publican amendments in order. stations. municipal tax revenue. These are all H.R. 2881 is a very important piece of I was especially encouraged to see attributable to MIA. legislation last updated in 2003. We are there are provisions within the bill rec- If MIA is going to continue to play here today to make very critical rein- ognizing the impact that the aviation such an important role as a trade gate- vestments in aviation. And I want to industry has on the environment. This way, it obviously must continue to thank, on behalf of the Rules Com- bill establishes landmark new environ- grow. The airport is currently in the mittee, the excellent work of Chairman mental provisions to reduce emissions midst of a $6.22 billion capital improve- OBERSTAR, the excellent work of sub- and energy consumption. ment program that has seen delays and committee Chair COSTELLO and Rank- I urge my colleagues to support the large cost increases due to construc- ing Member PETRI. rule and the underlying bill. tion material and labor in south Flor- This bill authorizes $37.2 billion for Madam Speaker, I reserve the bal- ida. Federal Aviation Administration oper- ance of my time. This capital program has expanded ations, $13 billion for FAA facilities Mr. LINCOLN DIAZ-BALART of the terminal and concourses by 2.7 mil- and equipment, $15.8 billion for the Air- Florida. Madam Speaker, I would like lion square feet and added cargo facili- port Improvement Program, and $1.8 to thank my good friend, the gen- ties which now measure 2.7 million billion for research and engineering de- tleman from Vermont (Mr. WELCH), for square feet of space in 17 new buildings. velopment. The $13 billion provided for the time; and I yield myself such time I’d like to thank the authorizing FAA facilities and equipment is signifi- as I may consume. committee for authorizing $15.8 billion cant and will work to accelerate the Who would have thought, back in for the airport improvement program. implementation of the next generation 1903, at Kitty Hawk, that an experi- These much-needed funds will go a long air transportation system. This enables ment could have had such an incredible way in helping, for example, MIA com- the FAA to make needed repairs and series of effects on our daily lives. plete its capital improvement program. upgrades. This is very important to Today, air travel helps make the world H.R. 2881, the underlying legislation, small airports across the country, in- a smaller place, allowing for an ease of would also authorize appropriations of cluding 18 State, municipal, and pri- travel and commerce that incentivates $51 billion, mainly over the 2008–2011 vate airports in my State of Vermont extraordinary economic growth and job period for activities of the FAA. The that were all satisfied with the work of creation. bill authorizes funding for FAA oper- this committee, that balanced the But if U.S. air travel is to continue ations, facilities and equipment, and needs of small, medium and large air- its fundamental role in the global for the FAA to hire additional staff to ports. Quite an accomplishment. economy, we have to make certain that inspect various aspects of the aviation I recently read the Department of we have the safest, most modern and system. Transportation estimates up to a tri- efficient transportation system in the b 1030 pling of passengers, operations and world. By reauthorizing the Federal cargo by 2025. This obviously will re- Aviation Administration funding and Currently there is a contract dispute quire airports across the country to safety oversight programs, the under- between the air traffic controllers and make capital improvements, as well as lying bill takes an important step to- the Federal Aviation Administration. to make readjustments to compensate wards addressing those needs. Air traffic controllers are highly for this growth. Too many Americans have faced too trained and hardworking people. I am H.R. 2881 takes action to decrease many flight delays recently, Madam honored to know those in South Flor- delays. All of us will welcome that im- Speaker. According to the FAA, those ida and I am very proud of them for provement in the current system. The delays are, unfortunately, on the rise, their extraordinary work. Under great funding levels will allow the FAA to re- up almost 20 percent from last summer. pressure with no room for error, they place and repair existing facilities and Part of that, obviously, is due to in- manage our skies and keep the trav- equipment to prevent outages and creased passenger traffic at airports. eling public safe. I am pleased that the other equipment failures that are a That issue is particularly prevalent at Transportation Committee has ac- cause of delay. airports such as the one that I’m hon- knowledged the dispute and taken The bill adjusts for inflation the pas- ored to represent. The district that I’m steps to resolve the issue. senger facility charges for the first honored to represent includes within it Madam Speaker, I have some con- time in 7 years. These fees, essentially Miami International Airport. And so cerns with the rule that brings the un- user fees, are used at airports all over airports that are experiencing growth, derlying legislation to the floor. The the country to make important facility such as Miami International and Ft. bill does not include any financing pro- improvements that would otherwise Lauderdale International, are facing visions to comply with the majority’s not be possible. This has been very this issue of how to deal with increased PAYGO rule. So in order to get around helpful again in small airports like traffic. PAYGO, the Rules Committee self-exe- Burlington in Vermont where the fund- For example, in 2006, almost 33 mil- cuted a provision to pay for the bill. A ing stream has made this a modern air- lion passengers passed through Miami self-executing amendment is a way of port, very convenient for the people, International Airport; 45 percent of circumventing the democratic process and a competitive airport for the re- those passengers were international by automatically making an amend- gion. passengers, going to destinations be- ment part of a bill without a vote on The rule makes in order Mr. OBER- yond south Florida. the amendment on the floor. And that STAR’s amendment, which includes the But MIA is not only a hub for inter- is not, in my view, an appropriate way Essential Air Service Program, some- national travel; but it also plays an in- to include provisions into bills, espe- thing that helps small regional air- tegral role in trade, in global trade. cially tax-increasing provisions. ports get service that otherwise they The airport leads the Nation in inter- This rule also only makes in order, wouldn’t have. I speak from my own national cargo, with almost 2 million Madam Speaker, less than half, eight experience: the Rutland Southern tons, a record 2 million tons of cargo out of 22 amendments, that were sub- Vermont Regional Airport has used processed in 2006. Also, MIA handled 80 mitted to the Rules Committee. This is this to provide service and help create percent of all air imports and almost 80 an important bill that is being brought economic growth in the Rutland Coun- percent of all air exports between U.S. to the floor today, and in my view, the ty area. and Latin America and the Caribbean. Rules Committee should have per- Perhaps most importantly, the bill Because it is both an international mitted a full and open debate allowing also takes steps towards ensuring our hub for passengers and cargo, it pro- discussion by the membership of this continued safety by increasing the vides the community that I’m honored House on all of the amendments sub- number of aviation safety inspectors, to represent with an economic con- mitted to the committee.

VerDate Aug 31 2005 00:12 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.009 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10633 Madam Speaker, at this time it is my This rules change would simply allow NAYS—265 privilege to yield 3 minutes to the dis- the House to openly and honestly de- Abercrombie Green, Al Olver tinguished gentleman from Wisconsin bate the validity and accuracy of as- Ackerman Green, Gene Ortiz Allen Grijalva Pallone (Mr. PETRI). serted earmarks contained in all bills, Altmire Gutierrez Pascrell Mr. PETRI. Madam Speaker, I thank not just appropriations bills. If we de- Andrews Hall (NY) Pastor my colleague for yielding. feat the previous question, we can ad- Arcuri Hall (TX) Paul I support this rule to provide for con- dress that issue today and restore the Baca Hare Payne sideration of H.R. 2881, the FAA Reau- Baird Harman Perlmutter credibility of this Congress when it Baldwin Hastings (FL) Peterson (MN) thorization Act of 2007. Aviation pro- comes to the enforcement of its own Barrow Herseth Sandlin Peterson (PA) gram authorizations expire at the end earmarking rules. Bartlett (MD) Higgins Petri of this month, and it is essential that a Madam Speaker, I ask unanimous Becerra Hill Platts new authorization is in place in the Berkley Hinchey Poe consent to have the text of the amend- Berman Hinojosa Pomeroy near future. ment and extraneous material appear Berry Hirono Rahall Fortunately, aviation has bounced in the RECORD just prior to the vote on Bishop (GA) Hodes Rangel Bishop (NY) Holden Richardson back from the troubles experienced in the previous question. the aftermath of the 9/11 attacks. While Blumenauer Holt Rodriguez The SPEAKER pro tempore. Is there Boozman Honda Rogers (MI) this is good news, it also is placing a objection to the request of the gen- Boren Hooley Ross strain on our air transportation sys- tleman from Florida? Boswell Hoyer Rothman tem. And it is only estimated to get Boucher Hunter Roybal-Allard There was no objection. Boustany Inslee Royce worse. Boyd (FL) Israel Ruppersberger For example, 1 billion passengers are f Boyda (KS) Jackson (IL) Rush estimated by 2015, a 52 percent increase Brady (PA) Johnson (IL) Ryan (OH) over the 2005 levels. It is estimated Braley (IA) Johnson, E. B. Salazar MOTION TO ADJOURN Brown, Corrine Jones (NC) Sa´ nchez, Linda that the number of aircraft handled by Buchanan Jones (OH) T. air traffic control will increase from 45 Mr. LINCOLN DIAZ-BALART of Burgess Kagen Sanchez, Loretta million in 2004 to over 58 million by Florida. Madam Speaker, I move that Butterfield Kanjorski Sarbanes 2015. the House do now adjourn. Buyer Kaptur Saxton Capps Keller Schakowsky Aviation is vital to our economy. The SPEAKER pro tempore. The Capuano Kildee Schiff U.S. airlines employed nearly 600,000 question is on the motion to adjourn. Cardoza Kilpatrick Schmidt people in the United States in 2003. The The question was taken; and the Carnahan King (NY) Schwartz industry helps to create and sustain Carter Kingston Scott (GA) Speaker pro tempore announced that Castle Klein (FL) Scott (VA) more than 10 million jobs across our the noes appeared to have it. Castor Knollenberg Serrano country and supports 8 percent of our Mr. LINCOLN DIAZ-BALART of Chandler Kucinich Sestak gross national domestic product. Florida. Madam Speaker, on that I de- Clarke Kuhl (NY) Shea-Porter It’s estimated that we need capital Clay LaHood Sherman mand the yeas and nays. Cleaver Lampson Shuler investments of $9 to $15 billion each The yeas and nays were ordered. Clyburn Langevin Sires year in order to accommodate this The vote was taken by electronic de- Coble Larsen (WA) Skelton ever-growing demand. The FAA Reau- vice, and there were—yeas 137, nays Cohen Larson (CT) Slaughter thorization Act increases infrastruc- Conyers Latham Smith (NJ) 265, not voting 30, as follows: Cooper Lee Smith (WA) ture investment, provides for contin- [Roll No. 886] Costa Levin Snyder ued progress in the modernization of Costello Lewis (CA) Solis the air traffic control system, in- YEAS—137 Courtney Lewis (GA) Space creases safety, and enhances environ- Aderholt Foxx Murphy, Tim Cramer Lipinski Spratt Akin Franks (AZ) Musgrave Crowley LoBiondo Stark mental protection. Alexander Frelinghuysen Myrick Cuellar Loebsack Stupak It is essential that we get a good re- Bachmann Garrett (NJ) Neugebauer Davis (AL) Lofgren, Zoe Sutton authorization program in place. While Bachus Gerlach Nunes Davis (CA) Lowey Tanner there are some provisions in this bill Baker Gingrey Pearce Davis (IL) Lynch Tauscher Davis, Lincoln Mahoney (FL) Taylor that I believe still need further discus- Barrett (SC) Gohmert Pence Biggert Goode Pickering DeFazio Maloney (NY) Thompson (CA) sion and negotiation, we need to move Bilbray Goodlatte Pitts DeGette Markey Thompson (MS) the process forward, and, therefore, I Bilirakis Granger Porter Delahunt Matheson Towns DeLauro Bishop (UT) Graves Price (GA) Matsui Udall (CO) support adoption of this rule today. Dicks McCarthy (NY) Udall (NM) Blackburn Hastings (WA) Pryce (OH) Mr. WELCH of Vermont. Madam Dingell McCollum (MN) Van Hollen Blunt Hayes Putnam Doggett McCotter Vela´ zquez Speaker, I reserve the balance of my Boehner Heller Regula Donnelly McDermott Visclosky time. Bonner Hensarling Rehberg Bono Herger Doyle McGovern Walden (OR) Mr. LINCOLN DIAZ-BALART of Reichert Brady (TX) Hobson Edwards McIntyre Walsh (NY) Reynolds Florida. Madam Speaker, I yield my- Broun (GA) Hoekstra Ehlers McNerney Walz (MN) Rogers (AL) self such time as I may consume. Brown (SC) Hulshof Ellison McNulty Wasserman Rogers (KY) Brown-Waite, Inglis (SC) Ellsworth Meek (FL) Schultz I will be asking Members to oppose Rohrabacher the previous question so that I may Ginny Issa Emanuel Meeks (NY) Watson Burton (IN) Johnson, Sam Ros-Lehtinen Emerson Melancon Watt amend the rule to allow for the consid- Calvert Jordan Roskam Engel Michaud Waxman eration of House Resolution 479, the Camp (MI) King (IA) Ryan (WI) Eshoo Miller (NC) Weiner Campbell (CA) Kirk Sali Etheridge Miller, George Welch (VT) earmark accountability rule. Sensenbrenner At the beginning of this Congress, we Cannon Kline (MN) Everett Mitchell Weldon (FL) Cantor Lamborn Sessions Farr Mollohan Weller all heard about the new majority’s so- Capito LaTourette Shadegg Ferguson Moore (KS) Wexler called improved earmark rules. As the Chabot Lewis (KY) Shays Filner Moore (WI) Whitfield Congress has worn on, we have noticed Cole (OK) Linder Shimkus Fortenberry Moran (KS) Wicker Conaway Lucas Shuster Fossella Moran (VA) Wilson (NM) that while the new majority’s rules Crenshaw Lungren, Daniel Simpson Frank (MA) Murphy (CT) Wilson (OH) changes perhaps look good on paper, Culberson E. Smith (NE) Gallegly Murphy, Patrick Wolf they haven’t actually accomplished Davis (KY) Mack Smith (TX) Giffords Nadler Woolsey much since the majority has turned Davis, David Manzullo Souder Gilchrest Napolitano Wu Davis, Tom Marchant Stearns Gillibrand Neal (MA) Wynn the other way when it comes to the ac- Deal (GA) McCarthy (CA) Sullivan Gonzalez Oberstar Yarmuth tual enforcement of the new earmark Dent McCaul (TX) Tancredo Gordon Obey Young (FL) rules. Granted, the majority has had to Diaz-Balart, L. McCrery Terry Diaz-Balart, M. McHenry Tiahrt NOT VOTING—30 acquiesce to several demands of the Doolittle McKeon Tiberi Barton (TX) Drake Jindal minority when it came to appropria- Dreier McMorris Turner Bean Fattah Johnson (GA) tion conference reports; yet we have Duncan Rodgers Upton Carney Feeney Kennedy continued to hear reports of nondis- English (PA) Mica Walberg Carson Hastert Kind Fallin Miller (FL) Wamp Cubin Jackson-Lee Lantos closed earmarks appearing in all sorts Flake Miller (MI) Westmoreland Cummings (TX) Marshall of bills, not just appropriations bills. Forbes Miller, Gary Wilson (SC) Davis, Jo Ann Jefferson McHugh

VerDate Aug 31 2005 00:12 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.011 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN H10634 CONGRESSIONAL RECORD — HOUSE September 20, 2007 Murtha Renzi Waters fore the House. Cannon cites the Speaker’s [Roll No. 887] Price (NC) Reyes Young (AK) ruling of January 13, 1920, to the effect that YEAS—223 Radanovich Thornberry ‘‘the refusal of the House to sustain the de- Ramstad Tierney Abercrombie Green, Gene Oberstar mand for the previous question passes the Ackerman Grijalva Obey b 1103 control of the resolution to the opposition’’ Allen Gutierrez Olver Messrs. CARNAHAN, ELLISON, in order to offer an amendment. On March Altmire Hall (NY) Ortiz 15, 1909, a member of the majority party of- Andrews Hare Pallone DONNELLY, NEAL of Massachusetts, fered a rule resolution. The House defeated Arcuri Harman Pascrell DOGGETT, FILNER, and MEEK of the previous question and a member of the Baca Hastings (FL) Pastor Florida changed their vote from ‘‘yea’’ opposition rose to a parliamentary inquiry, Baird Herseth Sandlin Payne Baldwin Higgins Perlmutter to ‘‘nay.’’ asking who was entitled to recognition. Bean Hill Peterson (MN) So the motion to adjourn was re- Speaker Joseph G. Cannon (R–Illinois) said: Becerra Hinchey Pomeroy jected. ‘‘The previous question having been refused, Berkley Hinojosa Price (NC) The result of the vote was announced the gentleman from New York, Mr. Fitz- Berman Hirono Rahall Berry Hodes Rangel as above recorded. gerald, who had asked the gentleman to yield to him for an amendment, is entitled to Bishop (GA) Holden Reyes f the first recognition.’’ Bishop (NY) Holt Richardson Blumenauer Honda Rodriguez PROVIDING FOR CONSIDERATION Because the vote today may look bad for Boren Hooley Ross OF H.R. 2881, FAA REAUTHORIZA- the Democratic majority they will say ‘‘the Boswell Hoyer Rothman TION ACT OF 2007 vote on the previous question is simply a Boucher Inslee Roybal-Allard vote on whether to proceed to an immediate Boyd (FL) Israel Ruppersberger The SPEAKER pro tempore. The vote on adopting the resolution . . . [and] Boyda (KS) Jackson (IL) Rush Chair recognizes the gentleman from Brady (PA) Johnson, E. B. Ryan (OH) has no substantive legislative or policy im- Braley (IA) Jones (OH) Salazar Florida. plications whatsoever.’’ But that is not what Brown, Corrine Kagen Sa´ nchez, Linda Mr. LINCOLN DIAZ-BALART of they have always said. Listen to the defini- Buchanan Kanjorski T. Florida. Madam Speaker, reiterating tion of the previous question used in the Butterfield Kaptur Sanchez, Loretta Floor Procedures Manual published by the Capps Kennedy Sarbanes our opposition to the previous question Capuano Kildee Schakowsky and the rule, urging all of our col- Rules Committee in the 109th Congress, (page 56). Here’s how the Rules Committee Cardoza Kilpatrick Schiff Carnahan Kind Schwartz leagues to vote ‘‘no’’ on the previous described the rule using information from question and the rule, I yield back the Castor Klein (FL) Scott (GA) Congressional Quarterly’s ‘‘American Con- Chandler Kucinich Scott (VA) balance of my time. gressional Dictionary’’: ‘‘If the previous Clarke Langevin Serrano Mr. WELCH of Vermont. Madam question is defeated, control of debate shifts Clay Lantos Sestak Speaker, I will just close by saying this to the leading opposition member (usually Cleaver Larsen (WA) Shea-Porter is an important bill. It makes signifi- the minority Floor Manager) who then man- Clyburn Larson (CT) Sherman ages an hour of debate and may offer a ger- Cohen LaTourette Shuler cant improvements to the aviation in- Conyers Lee Sires dustry. I urge a ‘‘yes’’ vote on the rule, mane amendment to the pending business.’’ Cooper Levin Skelton H. Res. 664. Deschler’s Procedure in the U.S. House of Costa Lewis (GA) Slaughter Costello Lipinski Smith (WA) The material previously referred to Representatives, the subchapter titled ‘‘Amending Special Rules’’ states: ‘‘a refusal Courtney Loebsack Snyder by Mr. LINCOLN DIAZ-BALART of Florida Cramer Lofgren, Zoe Solis to order the previous question on such a rule is as follows: Crowley Lowey Space [a special rule reported from the Committee Cuellar Lynch Spratt AMENDMENT TO H. RES. 664 OFFERED BY MR. on Rules] opens the resolution to amend- Cummings Mahoney (FL) Stark LINCOLN DIAZ-BALART OF FLORIDA ment and further debate.’’ (Chapter 21, sec- Davis (AL) Maloney (NY) Stupak At the end of the resolution, add the fol- tion 21.2) Section 21.3 continues: ‘‘Upon re- Davis (CA) Markey Sutton lowing: jection of the motion for the previous ques- Davis (IL) Matheson Tanner tion on a resolution reported from the Com- Davis, Lincoln Matsui Tauscher SEC. 3. That immediately upon the adop- DeFazio McCarthy (NY) Taylor tion of this resolution the House shall, with- mittee on Rules, control shifts to the Mem- DeGette McCollum (MN) Thompson (CA) out intervention of any point of order, con- ber leading the opposition to the previous Delahunt McDermott Thompson (MS) sider the resolution (H. Res. 479) to amend question, who may offer a proper amendment DeLauro McGovern Tierney the Rules of the House of Representatives to or motion and who controls the time for de- Dicks McIntyre Towns provide for enforcement of clause 9 of rule bate thereon.’’ Dingell McNerney Udall (CO) XXI of the Rules of the House of Representa- Doggett McNulty Udall (NM) Clearly, the vote on the previous question Donnelly Meek (FL) Van Hollen tives. The resolution shall be considered as on a rule does have substantive policy impli- Doyle Meeks (NY) Vela´ zquez read. The previous question shall be consid- cations. It is one of the only available tools Edwards Melancon Visclosky ered as ordered on the resolution to final for those who oppose the Democratic major- Ellison Michaud Walz (MN) adoption without intervening motion or de- ity’s agenda and allows those with alter- Ellsworth Miller (NC) Wasserman mand for division of the question except: (1) native views the opportunity to offer an al- Emanuel Miller, George Schultz one hour of debate equally divided and con- ternative plan. Engel Mitchell Watson trolled by the chairman and ranking minor- Eshoo Mollohan Watt Mr. WELCH of Vermont. I yield back Etheridge Moore (KS) Waxman ity member of the Committee on Rules; and Farr Moore (WI) Weiner (2) one motion to recommit. the balance of my time, and I move the Filner Moran (VA) Welch (VT) previous question on the resolution. Frank (MA) Murphy (CT) Wexler (The information contained herein was Giffords Murphy, Patrick Wilson (OH) provided by Democratic Minority on mul- The SPEAKER pro tempore. The Gillibrand Murtha Woolsey tiple occasions throughout the 109th Con- question is on ordering the previous Gonzalez Nadler Wu gress.) question. Gordon Napolitano Wynn Green, Al Neal (MA) Yarmuth THE VOTE ON THE PREVIOUS QUESTION: WHAT The question was taken; and the IT REALLY MEANS Speaker pro tempore announced that NAYS—189 This vote, the vote on whether to order the the ayes appeared to have it. Aderholt Brady (TX) Conaway previous question on a special rule, is not Akin Broun (GA) Crenshaw Mr. LINCOLN DIAZ-BALART of Alexander Brown (SC) Culberson merely a procedural vote. A vote against or- Florida. Madam Speaker, on that I de- Bachmann Brown-Waite, Davis (KY) dering the previous question is a vote Bachus Ginny Davis, David against the Democratic majority agenda and mand the yeas and nays. Baker Burgess Davis, Tom a vote to allow the opposition, at least for The yeas and nays were ordered. Barrett (SC) Burton (IN) Deal (GA) the moment, to offer an alternative plan. It Barrow Buyer Dent is a vote about what the House should be de- The SPEAKER pro tempore. Pursu- Bartlett (MD) Calvert Diaz-Balart, L. bating. ant to clause 9 of rule XX, this 15- Biggert Camp (MI) Diaz-Balart, M. minute vote on ordering the previous Bilbray Campbell (CA) Doolittle Mr. Clarence Cannon’s Precedents of the Bishop (UT) Cannon Drake House of Representatives, (VI, 308–311) de- question will be followed by a 5-minute Blackburn Cantor Dreier scribes the vote on the previous question on vote on adoption of H. Res. 664, if or- Blunt Capito Duncan the rule as ‘‘a motion to direct or control the dered. Boehner Carter Ehlers consideration of the subject before the House Bonner Castle Emerson being made by the Member in charge.’’ To The vote was taken by electronic de- Bono Chabot English (PA) defeat the previous question is to give the vice, and there were—yeas 223, nays Boozman Coble Everett Boustany Cole (OK) Fallin opposition a chance to decide the subject be- 189, not voting 20, as follows:

VerDate Aug 31 2005 02:10 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.005 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10635 Ferguson Latham Rehberg Clarke Kagen Rangel Kuhl (NY) Paul Shays Flake Lewis (CA) Reichert Clay Kanjorski Reyes LaHood Pearce Shimkus Forbes Lewis (KY) Renzi Cleaver Kaptur Richardson Lamborn Pence Shuler Fortenberry Linder Reynolds Clyburn Kennedy Rodriguez Lampson Peterson (PA) Shuster Fossella LoBiondo Rogers (AL) Cohen Kildee Ross Latham Pickering Simpson Foxx Lucas Rogers (KY) Conyers Kilpatrick Rothman Lewis (CA) Pitts Smith (NE) Franks (AZ) Lungren, Daniel Rogers (MI) Cooper Kind Roybal-Allard Lewis (KY) Platts Smith (NJ) Frelinghuysen E. Ros-Lehtinen Costa Klein (FL) Ruppersberger Linder Poe Smith (TX) Gallegly Mack Royce LoBiondo Porter Costello Kucinich Rush Souder Garrett (NJ) Manzullo Ryan (WI) Courtney Langevin Lucas Price (GA) Ryan (OH) Stearns Gerlach Marchant Sali Lungren, Daniel Pryce (OH) Cramer Lantos Salazar Gilchrest McCarthy (CA) Saxton E. Putnam Sullivan Crowley Larsen (WA) Sa´ nchez, Linda Gingrey McCaul (TX) Schmidt Mack Radanovich Tancredo Cuellar LaTourette T. Gohmert McCotter Sensenbrenner Cummings Lee Manzullo Ramstad Terry Sanchez, Loretta Goode McCrery Sessions Davis (AL) Levin Marchant Regula Tiahrt Sarbanes Goodlatte McHenry Shadegg Davis (CA) Lewis (GA) McCarthy (CA) Rehberg Tiberi Schakowsky Granger McKeon Shays Davis (IL) Lipinski McCaul (TX) Reichert Turner Graves McMorris Shimkus Davis, Lincoln Loebsack Schiff McCotter Renzi Upton Hall (TX) Rodgers Shuster DeFazio Lofgren, Zoe Schwartz McCrery Reynolds Walberg Hastings (WA) Mica Simpson DeGette Lowey Scott (GA) McHenry Rogers (AL) Walden (OR) Hayes Miller (FL) Smith (NE) Delahunt Mahoney (FL) Scott (VA) McKeon Rogers (KY) Walsh (NY) Heller Miller (MI) Smith (NJ) DeLauro Maloney (NY) Serrano McMorris Rogers (MI) Wamp Hensarling Miller, Gary Smith (TX) Dicks Markey Sestak Rodgers Rohrabacher Weldon (FL) Herger Moran (KS) Souder Dingell Matheson Shea-Porter Mica Ros-Lehtinen Weller Hobson Murphy, Tim Stearns Donnelly Matsui Sherman Miller (FL) Roskam Westmoreland Hoekstra Musgrave Sullivan Doyle McCarthy (NY) Sires Miller (MI) Royce Whitfield Hulshof Myrick Tancredo Miller, Gary Edwards McCollum (MN) Skelton Ryan (WI) Wicker Hunter Neugebauer Terry Ellison McDermott Moran (KS) Sali Slaughter Wilson (NM) Inglis (SC) Nunes Tiahrt Ellsworth McGovern Murphy, Tim Saxton Smith (WA) Wilson (SC) Issa Paul Tiberi Emanuel McIntyre Snyder Musgrave Schmidt Wolf Johnson (IL) Pearce Turner Engel McNerney Solis Myrick Sensenbrenner Young (AK) Johnson, Sam Pence Upton Eshoo McNulty Space Neugebauer Sessions Young (FL) Jones (NC) Peterson (PA) Walberg Etheridge Meek (FL) Spratt Nunes Shadegg Jordan Petri Walden (OR) Farr Meeks (NY) Stark NOT VOTING—18 Keller Pickering Walsh (NY) Filner Melancon Stupak King (IA) Pitts Wamp Frank (MA) Michaud Sutton Carney Inslee Lynch King (NY) Platts Weldon (FL) Giffords Miller (NC) Tanner Carson Jackson-Lee Marshall Kingston Poe Weller Gonzalez Miller, George Tauscher Cubin (TX) McHugh Kirk Porter Westmoreland Gordon Mitchell Taylor Davis, Jo Ann Jefferson Thornberry Kline (MN) Price (GA) Whitfield Green, Al Mollohan Thompson (CA) Doggett Jindal Waters Knollenberg Pryce (OH) Wicker Green, Gene Moore (KS) Thompson (MS) Fattah Johnson (GA) Kuhl (NY) Putnam Wilson (NM) Grijalva Moore (WI) Tierney Hastert Larson (CT) LaHood Radanovich Wilson (SC) Gutierrez Moran (VA) Towns Lamborn Ramstad Wolf Hall (NY) Murphy (CT) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Udall (CO) Lampson Regula Young (FL) Hare Murphy, Patrick Udall (NM) The SPEAKER pro tempore (during Harman Murtha the vote). The Chair notes a disturb- NOT VOTING—20 Hastings (FL) Nadler Van Hollen Vela´ zquez Barton (TX) Feeney Marshall Herseth Sandlin Napolitano ance in the gallery in contravention of Visclosky Bilirakis Hastert McHugh Higgins Neal (MA) the law and rules of the House. Carney Jackson-Lee Rohrabacher Hill Oberstar Walz (MN) Wasserman The Sergeant at Arms will remove Carson (TX) Roskam Hinchey Obey the persons responsible for the disturb- Cubin Jefferson Thornberry Hinojosa Olver Schultz Davis, Jo Ann Jindal Waters Hirono Ortiz Watson ance and restore order to the gallery. Fattah Johnson (GA) Young (AK) Hodes Pallone Watt Holden Pascrell Waxman b 1131 ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Holt Pastor Weiner So the resolution was agreed to. Welch (VT) The SPEAKER pro tempore (during Honda Payne The result of the vote was announced the vote). Members are advised 2 min- Hooley Perlmutter Wexler Hoyer Peterson (MN) Wilson (OH) as above recorded. utes remain in this vote. Israel Petri Woolsey A motion to reconsider was laid on Jackson (IL) Pomeroy Wu the table. b 1121 Johnson, E. B. Price (NC) Wynn So the previous question was ordered. Jones (OH) Rahall Yarmuth f The result of the vote was announced NAYS—196 ELECTION OF MEMBERS TO CER- as above recorded. TAIN STANDING COMMITTEES OF Aderholt Capito Gallegly The SPEAKER pro tempore (Mr. Akin Carter Garrett (NJ) THE HOUSE CUELLAR). The question is on the reso- Alexander Castle Gerlach Mr. WELCH of Vermont. Mr. Speak- lution. Bachmann Chabot Gilchrest Bachus Coble Gillibrand er, by direction of the Democratic Cau- The question was taken; and the Baker Cole (OK) Gingrey cus, I offer a privileged resolution (H. Speaker pro tempore announced that Barrett (SC) Conaway Gohmert Res. 667) and ask for its immediate con- the ayes appeared to have it. Bartlett (MD) Crenshaw Goode sideration. Mr. LINCOLN DIAZ-BALART of Barton (TX) Culberson Goodlatte Biggert Davis (KY) Granger The Clerk read the resolution, as fol- Florida. Mr. Speaker, on that I demand Bilbray Davis, David Graves lows: the yeas and nays. Bilirakis Davis, Tom Hall (TX) H. RES 667 The yeas and nays were ordered. Bishop (UT) Deal (GA) Hastings (WA) Blackburn Dent Hayes Resolved, That the following named Mem- The SPEAKER pro tempore. This Blunt Diaz-Balart, L. Heller bers be, and are hereby, elected to the fol- will be a 5-minute vote. Boehner Diaz-Balart, M. Hensarling lowing standing committees of the House of The vote was taken by electronic de- Bonner Doolittle Herger Representatives: Bono Drake Hobson vice, and there were—yeas 218, nays (1) COMMITTEE ON ARMED SERVICES.—Mr. Boozman Dreier Hoekstra 196, not voting 18, as follows: Boustany Duncan Hulshof Langevin. [Roll No. 888] Brady (TX) Ehlers Hunter (2) COMMITTEE ON HOMELAND SECURITY.— Broun (GA) Emerson Inglis (SC) Mr. Pascrell. YEAS—218 Brown (SC) English (PA) Issa (3) COMMITTEE ON SCIENCE AND TECH- Abercrombie Becerra Boyda (KS) Brown-Waite, Everett Johnson (IL) NOLOGY.—Ms. Richardson (to rank imme- Ackerman Berkley Brady (PA) Ginny Fallin Johnson, Sam diately after Mr. McNerney). Allen Berman Braley (IA) Buchanan Feeney Jones (NC) (4) COMMITTEE ON SMALL BUSINESS.—Mr. Altmire Berry Brown, Corrine Burgess Ferguson Jordan Andrews Bishop (GA) Butterfield Burton (IN) Flake Keller Higgins and Ms. Hirono. Arcuri Bishop (NY) Capps Buyer Forbes King (IA) (5) COMMITTEE ON TRANSPORTATION AND IN- Baca Blumenauer Capuano Calvert Fortenberry King (NY) FRASTRUCTURE.—Ms. Richardson. Baird Boren Cardoza Camp (MI) Fossella Kingston The resolution was agreed to. Baldwin Boswell Carnahan Campbell (CA) Foxx Kirk Barrow Boucher Castor Cannon Franks (AZ) Kline (MN) A motion to reconsider was laid on Bean Boyd (FL) Chandler Cantor Frelinghuysen Knollenberg the table.

VerDate Aug 31 2005 00:12 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.008 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN H10636 CONGRESSIONAL RECORD — HOUSE September 20, 2007 THE JOURNAL Last year, over a billion people trav- We had a responsibility to move for- The SPEAKER pro tempore. Pursu- eled by air worldwide, and 750 million ward legislation to renew that Federal ant to clause 8 of rule XX, the unfin- of that travel was in the U.S. air space. law, and that’s why we are here today. ished business is the question on agree- We are seeing increasing delays. Only I think that is an important responsi- ing to the Speaker’s approval of the 72 percent of flights arrived on time in bility. Journal which the Chair will put de this last year. That indicates conges- I have tried to work with Mr. OBER- novo. tion in the air space and congestion on STAR, who now chairs the full com- The question is on the Speaker’s ap- the ground and congestion in our air mittee. He chaired the Aviation Sub- proval of the Journal. traffic control system. committee, ironically, when I was a Pursuant to clause 1, rule I, the Jour- We bring to the House, we bring to freshman in Congress. And as he men- nal stands approved. the country, historic funding levels of tioned, I had the opportunity to chair $68 billion over the next 4 years. We that subcommittee for the past 6 years f bring you a 4-year bill, not 3 years like and developed a great working rela- GENERAL LEAVE we have done in years past, to address tionship with him. the needs of creating capacity on the I am pleased to work with my rank- Mr. OBERSTAR. Mr. Speaker, I ask air side of airports: $15.8 billion for the ing member, the gentleman from Wis- unanimous consent that all Members airport improvement program; $13 bil- consin (Mr. PETRI), who has done yeo- may have 5 legislative days in which to lion to invest in the air traffic control man’s work to try to bring this legisla- revise and extend their remarks on technology and making room for and tion forward in a responsible manner, H.R. 2881. accelerating the development of the working with the now-chairman of the The SPEAKER pro tempore. Is there Next Generation air traffic control subcommittee, the gentleman from Il- objection to the request of the gen- technology; and $37.2 billion to fund linois (Mr. COSTELLO), who likewise has tleman from Minnesota? the operations of the FAA, essentially put his full efforts towards this impor- There was no objection. paying air traffic controllers and those tant reauthorization. f who maintain the system. We have been fortunate, too, to have FAA REAUTHORIZATION ACT OF These are all-time high investments. great staff on both sides of the aisle 2007 I have served in the House for 33 years. working together to meet that respon- I have been deeply engaged in aviation sibility. I am pleased that we could The SPEAKER pro tempore. Pursu- for over 25 years of those years, and I bring the bill forward. ant to House Resolution 664 and rule have never seen this kind of invest- However, I have to say, in all hon- XVIII, the Chair declares the House in ment that Congress has made, this esty, I have some mixed emotions. I the Committee of the Whole House on deeply, this extensively, and so far out must also state that when we come to the state of the Union for the consider- into the future. final passage, and I have told Mr. OBER- ation of the bill, H.R. 2881. I want to thank the gentleman from STAR and Mr. COSTELLO and others, b 1134 Illinois (Mr. COSTELLO), the chairman that I will cast a vote not in support of of our Subcommittee on Aviation who this FAA reauthorization, and really IN THE COMMITTEE OF THE WHOLE has seized the issue, mastered the sub- for two reasons. Accordingly, the House resolved ject matter, conducted extensive in- First of all, when we introduced the itself into the Committee of the Whole depth hearings on a broad range of bill, there were several objectionable House on the State of the Union for the issues considered by the committee, provisions that had been proposed that consideration of the bill (H.R. 2881) to and has played a critical role in shap- I opposed, and I do respect the gentle- amend title 49, United States Code, to ing the bill. men from Minnesota and also Illinois, authorize appropriations for the Fed- I want to express my appreciation to in working cooperatively to introduce eral Aviation Administration for fiscal the gentleman from Florida (Mr. MICA), the bill without those objectionable years 2008 through 2011, to improve the ranking member of the full com- provisions. However, right after we in- aviation safety and capacity, to pro- mittee, who has served previously as troduced it and we marked up the bill, vide stable funding for the national the Chair of the Aviation Sub- we started sort of piling on, and there aviation system, and for other pur- committee and is fully engaged in the are two provisions which I cannot sup- poses, with Ms. DEGETTE in the chair. issues of aviation and who committed port, two major provisions, and I made The Clerk read the title of the bill. himself every step of the way to the them aware of my opposition. The CHAIRMAN. Pursuant to the shaping of this legislation, including The first one involves an unprece- rule, the bill is considered read the working together with us on the Demo- dented reach-back, and it is for the air first time. cratic side, with the DOT and the traffic controllers. Let me say there The gentleman from Minnesota (Mr. White House and the air traffic con- are men and women, some 15,000 of OBERSTAR) and the gentleman from trollers in an attempt to resolve a very them, who do an incredible job serving Florida (Mr. MICA) each will control 30 knotty problem of the air traffic con- our air traffic control system. And minutes. trollers’ contract. back in the 1990s, I believe that they The Chair recognizes the gentleman And I also express appreciation to were underpaid, undercompensated for from Minnesota. the gentleman from Wisconsin (Mr. their responsibilities. But through a Mr. OBERSTAR. Madam Chairman, I PETRI), the ranking member on the contract that was negotiated then yield myself such time as I may con- Aviation Subcommittee, for the enor- under the Clinton administration, they sume. mous amount of time he devoted and did receive for the next 7 years an aver- Madam Chairman, the Committee on for his always thoughtful and intellec- age increase of about 10 percent a year. Transportation and Infrastructure tual contributions to the work of the In fact, it totals 75 percent over those brings to the House today an historic committee. 7 years. bill to address the needs of aviation Madam Chairman, I reserve the bal- Now, I would love to have it 10 per- today and into the future. At a time ance of my time. cent guaranteed increase. I think peo- when we are seeing aviation recover Mr. MICA. Madam Chairman, I yield ple who work here in the Congress from the devastating aftereffects of myself such time as I may consume. would like to have a 10 percent pay in- September 11, the flood of bankruptcies Madam Chairman, I am pleased to be crease every year; 1.2 million Federal that occurred in the years subsequent here this morning to bring to the floor employees, maybe another 20,000 that to that tragic assault on America, and the FAA reauthorization legislation work at FAA would all like to have the retiring of aircraft, laying off of that is before us. As Members know, this deal, and that deal wasn’t to be. tens of thousands, even hundreds of and those who follow this subject, our This past Congress had the difficult thousands of airline workers and work- authorization runs out, I believe, the task of receiving the contract that was ers in related fields, we are now seeing end of next week. That is our Federal being negotiated and the final offer aviation return to and exceed all-time policy and projects’ financing ability that was made by FAA because the previously registered highs. to run our Nation’s air traffic system. contract reached an impasse. And in an

VerDate Aug 31 2005 00:12 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.021 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10637 unprecedented fashion also, the terms the manager’s amendment. Again, it’s structure. This legislation provides a of that contract offer was brought to not always how much money you record $68 billion over the next 4 years Congress, and the air traffic controllers spend, but how you spend that money, to improve our Nation’s aviation infra- lost in that vote here on the floor. and we have a responsibility to spend structure, modernize our air traffic Now, I sympathize with Mr. OBER- that wisely and very efficiently for control system, and maintain the high- STAR and also with Mr. COSTELLO. The hardworking Americans who are pay- est level of safety in this ever-changing appropriators turned down the air traf- ing in to also help finance this system. aviation environment. fic controllers in the House. We had And then, of course, the final point is Further, the legislation applies a several CRs where they attempted to the President has issued a veto state- four-part approach to the FAA Joint reopen this contract; it was turned ment, and he will veto this based on Planning and Development Office. We down. It was turned down by the appro- spending, based on the overreach by provide more funding, more authority, priators in the Senate. It was turned labor for their contract and other more accountability and more over- down in the bill that is now before the terms that have been put into this leg- sight. These changes will ensure our other body. Each time that they have islation. Even though I have opposi- ability to meet our modernization gone to the Democrat side, which now tion, I have pledged to work to move goals and objectives. controls this body, they have been the process forward and continue to The first half of 2007, as the gen- turned down. renew that pledge at this time as we tleman from Minnesota pointed out, Now, they did manage to put this move forward with the bill. has been the worst as far as delays in provision to which I object in the bill, Madam Chairman, I reserve the bal- the last 13 years. We have addressed and it is unfortunate. It has a huge fi- ance of my time. that situation in this legislation and nancial impact. It is estimated to be Mr. OBERSTAR. Madam Chairman, I we address the problems with airlines $1.9 billion, if this is allowed to go for- yield 3 minutes to the distinguished scheduling more flights than the sys- ward. And the money is one thing, but gentleman from Illinois (Mr. tem currently can handle. To help air- reaching back in an unfair manner to COSTELLO), the Chair of the Aviation ports increase capital needs and reduce other Federal employees. We have Subcommittee. airline delays, like the administration, some 20,000 professionals, engineers, Mr. COSTELLO. I thank the chair- our legislation would increase the pas- people with Ph.D.s, a whole host of man of the full committee, the gen- senger facility charge cap from $4.50 to staff in FAA that aren’t going to be tleman from Minnesota, for recog- $7. According to the FAA, if every air- treated in an equitable manner. nizing me and yielding this time. port currently collecting a $4 or $4.50 And then the bad precedent it sets Today is an important day for the fu- PFC raised its PFC to $7, it would gen- for Congress. Folks, any time you get ture of aviation. We are considering erate $1.1 billion in additional revenue into a labor dispute, just bring it to this legislation, which was introduced to develop airports each year. Congress and we will up your salary in a bipartisan manner. I do want to The bill also provides significant in- when we are pressured. That can’t be thank the gentleman from Minnesota, creases in the AIP fund. Giving the the way we operate. I have agreed to the gentleman from Florida and the ability to raise the PFC and the AIP change the mechanism. Nobody in Con- gentleman from Wisconsin for all of funding will provide the necessary fi- gress likes to be the negotiator of sala- their hard work in bringing the legisla- nancing of capacity-enhancing airport ries or contracts, and we shouldn’t be, tion to the floor today. improvements that will be necessary to and I am committed to that. The issues we address in this legisla- reduce delays. tion are important, and they will de- b 1145 Let me conclude by saying that our termine our ability to continue to legislation also contains passenger and I will also say that since we took up maintain the world’s safest aviation consumer protections, a passenger bill this bill and knowing that this is a system. There is a provision in this bill of rights that, in fact, will protect pas- pending controversial matter, I have that the gentleman from Florida re- sengers. worked day and night to try to get the ferred to that addresses FAA’s imposed I urge passage. administration and NATCA union rep- work rules on the air traffic control- The CHAIRMAN. The Committee will resentatives together to resolve those lers. We spent many hours working to- rise informally. differences. I appreciate the work of all gether with the FAA and the air traffic The Speaker pro tempore (Mr. CHAN- of those involved. The gentleman from controllers trying to bring together an DLER) assumed the chair. Ohio (Mr. LATOURETTE) has also joined agreement. Unfortunately, an agree- f the gentleman from Wisconsin (Mr. ment could not be reached and that PETRI) and myself and the Democrat only left us with one clear choice, and MESSAGE FROM THE PRESIDENT members in that effort. Unfortunately, that is binding arbitration. A message in writing from the Presi- it’s jammed into this bill and that’s I strongly believe in collective bar- dent of the United States was commu- not fair. gaining and bargaining in good faith nicated to the House by Ms. Wanda There are other provisions that have with a fair dispute resolution process Evans, one of his secretaries. been put in here for big labor. Now, I for both sides. Unfortunately, that did The SPEAKER pro tempore. The know labor won a big vote with the not happen in 2006, but it was corrected Committee will resume its sitting. election and is attempting to increase with the T&I Committee markup by f its membership. I respect that, but I adopting the Costello amendment with think that the grab they have at- a strong bipartisan vote of 53–16. The FAA REAUTHORIZATION ACT OF tempted here goes beyond what I feel is approach in H.R. 2881 will ensure fair 2007 reasonable, not only in expanding orga- treatment of FAA employees and re- The Committee resumed its sitting. nizational opportunities that I think stores two fundamental principles: the Mr. MICA. Madam Chairman, I am go beyond again a reasonable level but rights of workers and the right to col- pleased to yield 5 minutes to the Re- some of the other provisions in here lectively bargain. publican leader of the Aviation Sub- that will add cost, that will add regula- H.R. 2881 also allows us to increase committee, the gentleman from Wis- tions, that will add complications to capacity and safety within our aviation consin (Mr. PETRI). operating our system and not give us a system, modernize our air traffic con- Mr. PETRI. I thank my colleague fair return. Not only do we have a re- trol system, and continue to reduce en- from Florida. sponsibility to bring forth this legisla- ergy consumption and improve our en- All of us who are frequent travelers tion that runs this system but we have vironment. Our Next Generation sys- as we go back and forth to our districts an obligation and responsibility to tax- tem can be absorbed by the existing know the strain that is on our air traf- payers and others, the travelers who fi- FAA financing structure, and that is fic system. We all hear from outraged nance the system, that their funds be exactly what we did in this bill. constituents who have had enough of spent wisely. Our bill does not impose user fees as delays and of cancellations. The Amer- I do also have some reservations the administration recommended. In- ican Society of Civil Engineers periodi- about provisions that will be added in stead, our bill uses the current tax cally issues an infrastructure report

VerDate Aug 31 2005 00:12 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.022 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN H10638 CONGRESSIONAL RECORD — HOUSE September 20, 2007 card. In 2005, aviation received only a Second, an amendment was adopted It increases investment in aviation infrastruc- D-plus. We’re in a bad situation and it that would move express carriers from ture, authorizing $15.8 billion over 4 years for is only going to get worse. being covered by the Railway Labor the Airport Improvement Program (AlP) which Traffic is predicted to grow over 4 Act to the National Labor Relations provides grants to airports for needed airport percent per year until we reach 1 bil- Act. This provision is really targeted expansion and development. The Facilities lion passengers by 2015. Air cargo is at one company, FedEx. FedEx Express and Equipment program provides needed air growing at a rate of more than 5 per- was organized as and still is an air car- navigation systems and funding is increased in cent per year. We have a general avia- rier, in particular an express carrier. this bill to $13 billion over 4 years. tion community that is unique and As such, it has been covered by the While we need to expand capacity on the more active than any other country in Railway Labor Act since its creation in ground, we also need to do so in the air. The the world. 1971. Yes, it has trucks, but it is a fully air traffic control modernization program, The bill before us increases Federal integrated system which was re- known as NextGen, will move us from a investment in aviation infrastructure affirmed by the Ninth Circuit Court of ground-based radar system to a satellite- with funding for the Airport Improve- Appeals. Some draw comparisons to based system. Rather than verbally direct ment Program which provides grants UPS, another great and innovative every movement of every plane, air traffic con- from the aviation trust fund for airport company for which we all have the trollers will manage traffic and become in- improvements, increased to a total of greatest respect and, yes, even affec- volved with specific aircraft only as needed. $15.8 billion over 4 years. The Facilities tion. But UPS organized a hundred We will be able to handle the increasing air and Equipment program is increased to years ago as a truck company and as traffic that we know is coming without a huge $13 billion. We also increase the cap on such is rightly covered by the National increase in controllers. the level of passenger facility charges Labor Relations Act. I would note that H.R. 2881 also addresses the issue of pas- that an airport can impose for capacity other companies within the FedEx fam- senger rights, as has been demanded by and safety projects. This cap was last ily such as FedEx Freight are also cov- angry passengers who feel they have been raised 7 years ago and the $4.50 then is ered by the NLRA. These are two dif- abused. The issue of delays, flight schedules now only worth $2.86 due to the incred- ferent companies with two different and flight diversions is a complicated one. The ibly high construction cost inflation. corporate structures, and I regret that bill includes a variety of consumer provisions, One of the most important initiatives this change is included in the bill be- including requiring airlines to have contingency under way at the FAA is the mod- fore us. plans on how they will respond when planes ernization of our air traffic control sys- I would like to thank Chairman are excessively delayed, including ensuring tem, known as NextGen. We must move OBERSTAR, Chairman COSTELLO, and that trapped passengers are properly cared away from an antique 50-year-old Ranking Member MICA for working to- for. The FAA must approve the plans and can ground-based technology to a modern gether as best we could, sometimes impose civil penalties. The FAA administrator satellite-based system in order to in- working through basic philosophical also is directed to work with airlines when crease capacity, lower costs and in- differences. I thank the staff for the there is clear evidence that the number of crease safety. The bill seeks to move many hours they have put into helping flights scheduled exceeds the maximum ca- this process along while instilling ac- to produce this bill. Finally, I appre- pacity of the airport—a situation that almost countability. Congress will need to pro- ciate the cooperation of the Science guarantees excessive delays. vide effective oversight to be sure the Committee for its contribution of the In addition, H.R. 2881 will improve safety program stays on track and that we research provisions and the Ways and and enhance environmental protection. The have the financial resources for this $15 Means Committee for extending the number of aviation safety inspectors will be in- to $20 billion multi-year program to aviation taxes that fund much of this creased, funds for runway incursion reduction keep it moving forward. program. programs are increased and other safety pro- Madam Chairman, there are a variety Madam Chairman, today we are considering grams are strengthened. of other provisions too numerous to H.R. 2881, which will reauthorize our aviation We are addressing environmental issues by enumerate which improve on safety, programs for the next 4 years. requiring the phase-out in 5 years of noisy provide for noise mitigation and en- Most of us here are experienced air trav- Stage II jet aircraft so those who live around hance other environmental initiatives. elers, as we fly back and forth to our districts airports can enjoy at least a little more peace The mandatory retirement age for pi- each week. We all know the capacity crunch and less noise overhead. lots would be increased from age 60 to our air system is experiencing—both on the In an effort to increase fuel efficiency and 65. Passenger rights would be enhanced ground and in the air. All of us are dealing decrease emissions, several innovative pro- by ensuring that airlines plan for the with outraged constituents who are tired of grams and pilots are established. For exam- care of passengers who are held hostage delays, cancelled flights, or being held hos- ple, the Aircraft Departure Queue Manage- on tarmacs and will seek to avoid such tage for hours at a time while a plane sits on ment Pilot Program authorizes 5 airports to occurrences by establishing a process the tarmac. employ new traffic flow management tech- We need to invest and make improvements to avoid clear overscheduling that in- nologies to better manage the movement of to our air transportation system: evitably leads to delay. aircraft on the ground. The goal is to reduce However, I am placed in the rather Air passenger demand is predicted to grow 4.3 percent each year through 2015—resulting ground holds and idling times—leading to re- odd position of voting ‘‘no’’ on final duced emissions and increased fuel savings. passage for my subcommittee’s bill. in 1 billion passengers annually by 2015. The number of aircraft to be handled by air The CLEEN Partnership is a 10-year coop- Though the base bill was put together erative agreement for the development and on a bipartisan basis, two amendments traffic control is expected to grow from 45.1 million in 2004 to 48.5 million in 2015. certification of lower energy, emissions and were adopted by the committee which Air cargo is growing at a rate of more than noise, engine and airframe technology. cause me grave concern for the long- 5 percent a year. One of the more popular provisions would term prospects of this bill. We have it According to the FAA and other experts, $9 raise the age at which commercial pilots must on good authority that the bill will be billion to $15 billion in capital investment is retire from the current age 60 to age 65. This vetoed if section 601 regarding contract needed per year. will put the United States in line with inter- impasse procedures is not revised. The Aviation is critical to our economic vitality. national standards. In this day and age, age current provision provides for changes The commercial aviation industry is respon- 60 retirement is really an anachronism, and in future impasse procedures, which I sible for 8 percent of our GDP. It creates and we need to update and modernize this re- don’t object to; but then it also reopens sustains more than 10 million jobs. quirement. the currently imposed contract and in- For a sector that is so critical to our future, While I support the vast majority of the pro- cludes back pay under terms of the 1998 you would think a safe and efficient air trans- visions in this bill, and we did work together contract. According to the Congres- portation system would be one of our top na- on a bipartisan basis to develop the base bill, sional Budget Office, the cost of this tional priorities. And yet, the American Society I find myself in the odd position of having to provision in 2008 is $179 million, and of Civil Engineers’ 2005 infrastructure report vote ‘‘no’’ on final passage of our reauthoriza- $477 million over the life of the bill. card gives aviation a grade of only a D+. tion bill. This is primarily because of two provi- The FAA estimates a total cost as high The FAA Reauthorization Act of 2007 will sions. as $1.9 billion over 5 years and $7.5 bil- take important steps to address these prob- First, section 601 of H.R. 2881 amends con- lion over 10 years. lems. tract impasse procedures and also effectively

VerDate Aug 31 2005 00:12 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 9920 E:\CR\FM\K20SE7.025 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10639 overturns a contract implemented last year. I general aviation and corporate jets, and we He had the people explain that, yes, agree that the current contract impasse proce- should note that these groups are accepting we have problems with General Avia- dures that were instituted in the 1996 per- and supportive of the increase, knowing that tion, but these commercial airlines are sonnel reforms needs to be revised. I will not the system requires it. having these routes being filled with oppose revising the impasse procedure. In Again, I am pleased that we are moving for- smaller planes and so they are filling fact, a binding arbitration resolution solution ward. We need to invest in aviation infrastruc- the air. And then FAA was saying that may be the right solution. ture. We need to modernize our air traffic con- we have a plan that will go in effect for The problem is that the provision also re- trol system to increase capacity and improve 2020, but we don’t have enough money opens the currently imposed contract and in- safety. We need to address the environmental to implement it. And then the air traf- cludes back pay from 2005 until negotiations challenge facing the industry today. We need fic controller said, and we need 2 or 3 are completed. According to the Congres- to ensure that our aviation system remains years to train our people and they sional Budget Office, the cost of this provision safe. won’t pay us for it. And then they said in fiscal year 2008 is $179 million and $477 The United States has always been the that they could handle twice the con- million over the life of the bill. FAA estimates leader around the world in aviation innova- gestion in the air if only they had more a total cost as high as $1.9 billion over 5 tion—but I fear that position may be threat- landing fields, but geographically there years and $7.5 billion over 10 years. ened. We must continue to lead and set the was no space for additional landing If we want a reauthorization enacted—and I standard for the rest of the world. fields. And so then we said: What is it do—this provision jeopardizes that goal. It has Mr. OBERSTAR. Mr. Chairman, at you really want, Chairman OBERSTAR? been made pretty clear to us that including the this time I yield 5 minutes to the dis- And we have really walked away retroactive provisions will invite a presidential tinguished chairman of the Ways and thanking them for incorporating some veto. And we may even have a problem get- Means Committee, the gentleman from of the ideas of our committee, as MIKE ting to conference, based on the comments of New York (Mr. RANGEL). I thank him THOMPSON and LLOYD DOGGETT, and some Senators. for the cooperation and the splendid having the Passengers Bill of Rights. So when this bill passes today—as I expect support the committee has given in the But we want the FAA to know that it will—we need to realize that more negotia- furtherance of this legislation in their these long-ranged plans of moderniza- tion and compromise will be needed to actu- extremely important responsibility. tion, for those of us that are in ad- ally get a bill that can be signed into law. (Mr. RANGEL asked and was given vanced years, we don’t really believe Second, section 806 would amend the labor permission to revise and extend his re- that we are going to have to wait in law that covers the employees of FedEx Ex- marks.) order for us to be treated as human press. This has been an issue that has arisen Mr. RANGEL. Fellow Members, I beings. Not as congresspeople, not as on occasion here in the Congress. The simple want to thank Chairman COSTELLO and big shots, not as VIPs, but we know fact is that FedEx Express, since its inception Chairman OBERSTAR for their coopera- that changes can be made. And we will in 1971, has been and remains an air car- tion and working together as a team be depending on the Transportation rier—in particular an express carrier. FedEx with our Republican colleagues to get and Infrastructure Committee to con- trucks are fully integrated into the air express this job done. tinue to work with us to make certain activities—and even the Ninth Circuit Court Quite frankly, I thought it was al- that we fulfill our commitment to the has found this to be the case. most going to be pro forma when I American people to make it easier for The press enjoys characterizing this as a knew that the Ways and Means Com- us to use the airways. FedEx versus UPS fight. It is not. No member mittee was going to receive this bill for I want to thank you for your co- wants to pick sides between two innovative the purposes of providing revenue. So I operation, and I look forward to work- and successful companies. But UPS is a was a little surprised that when the ing with you. motor carrier subject to the National Labor Re- issue actually came before the full Mr. MICA. Mr. Chairman, I am lations Act. It has been for the last 100 years. committee, rather than dealing with pleased to yield 2 minutes to the dis- The two companies have a very different cor- the question of revenue, I had to deal tinguished gentleman from New Jersey porate structure. with the question of outrage. There (Mr. GARRETT). Some continue to make reference to 1996 was not a liberal, conservative, Repub- Mr. GARRETT of New Jersey. Mr. law that ‘‘changed’’ coverage of FedEx Ex- lican or Democrat that didn’t believe Chairman, I want to stand and say I am press to the Railway Labor Act. This is mis- that this was our time to tell these pleased today that the rule will provide leading. In fact, a conforming amendment in aviation people that we passengers one amendment that CHRIS SHAYS from the ICC Termination Act of 1995 had the inad- have been suffering in such a way that Connecticut and myself also brought to vertent effect of potentially changing the labor we were going to express it through the the committee yesterday, but I also law that would apply to FedEx Express from tax system. want to take this 1 minute to say that the Railway Labor Act to the National Labor I had been hopeful that we could have 1200 Relations Act. No discussion on this issue was b had a vote on another amendment ever held during consideration of the bill, and People on the tarmac for 3, 4, 5 hours; which would have delayed the FAA’s there was no conscious decision made to ef- flights being cancelled; weather condi- New York-New Jersey-Philadelphia air- fect that change in the ICC Termination Act. tions we never heard of; overcrowding. space redesign until a further study The 1996 legislation—which was championed And we were of the belief that when could have concluded. by former Democratic Senator Fritz Hollings of they came to raising the revenue, that You see, Mr. Chairman, the air South Carolina—simply corrected that inad- General Aviation, these small planes routes, in an attempt to cut delays, vertent error. FedEx has been covered by the were congesting the airs and we were means that thousands of residents will Railway Labor Act since 1971. It is unfortunate going to make them pay dearly for it, be exposed to new levels of aircraft this bill would ignore all that has gone on be- and Chairman OBERSTAR and Chairman noise and pollution. There is great con- fore. COSTELLO was asking us to take a deep cern in townships throughout my dis- In closing, let me commend my Committee breath. I told them it wasn’t me. But trict that these new routes will nega- leadership for working together under what the committee said that this bill is not tively impact upon the quality of life. has frequently been some difficult times. going to leave our committee unless we The FAA claims to have looked into There are some issues that we simply dis- have some fingerprints on this thing to alternative options to decrease airline agree on, but we have tried to continue to let them know that we feel the outrage delays, but all those options dealt with work toward the goal of getting a reauthoriza- for our constituents and we want them changing the design of the airspace and tion in place. to know it. And so we made the polit- reroutes over quiet neighborhoods; yet I also want to express thanks to the Science ical mistake of having Chairman OBER- the FAA has admitted that many of Committee for its contribution of the research STAR and Chairman COSTELLO come to the frustrating delays are caused not title and to the Ways and Means Committee a caucus and to share with us what the by airplane congestion but by airline for the tax title. I am pleased that Ways and problem was. It was one of those times overscheduling. The amendment that Means rejected moving to a user fee-based fi- that you really felt better if you didn’t unfortunately did not come out of nancing scheme in favor of the current more know the extent of the problem and Rules would have required that the efficient fuel tax program. Taxes are raised for just did what you were supposed to do. FAA look into those matters before

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proceeding. But, again, I am appre- Minnesota has 171⁄2 minutes. The gen- a strong desire to use PFCs to cover ciative of the fact that what did come tleman from Florida has 141⁄2 minutes. the remainder of the cost. out of Rules, an amendment that we Mr. MICA. Mr. Chairman, I reserve I respectfully ask the distinguished will be discussing a little later on to the balance of my time. chairman to work with me to ensure allow for further studies by the GAO. Mr. OBERSTAR. Mr. Chairman, at that Dallas Love Field Airport receives Mr. OBERSTAR. Mr. Chairman, I this time I yield myself 23⁄4 minutes priority consideration for the program yield 2 minutes to the distinguished and recognize the distinguished gen- outlined in section 114 of the bill. gentleman from Kentucky (Mr. CHAN- tleman from Michigan, the dean of the Mr. DINGELL. Whatever time I have DLER), speaking on behalf of the Com- House, Mr. DINGELL. remaining, I yield to my beloved friend mittee of Science and Technology, and Mr. DINGELL. Mr. Chairman, I ac- from Minnesota. thank them for their contributions to cept the time with thanks to my be- Mr. OBERSTAR. Mr. Chairman, I as- the legislation. Their role is the re- loved friend from Minnesota for whom sure the gentleman from Michigan, the search and development portion of I have enormous affection and respect. gentlewoman from Michigan, and the FAA’s operations, and they made a sig- Mr. Chairman, southeastern Michi- gentlewoman from Texas that these nificant and very healthy beneficial gan is the home for two major airports projects are of great importance. They contribution. The gentleman from Ken- that accommodate large amounts of air are examples of the type of projects we tucky will speak on behalf of the Com- and cargo traffic, Detroit Metro and envisioned when we crafted section 114. mittee. Willow Run Airport. Dallas Love Field and Wayne County Mr. CHANDLER. Mr. Chairman, I Southeast Michigan has made strong Airport Authority are well suited to thank the chairman, the gentleman efforts to develop an aerotropolis be- participate in the pilot project, and I from Minnesota, for all his good work tween the two airports, and we meet would urge FAA to give consideration on this bill. We think it is an excellent all of the tests that would be required to both applications. bill. And I thank the chairman of the for this, including rail, truck, highway, Mr. DINGELL. I thank my good subcommittee, the gentleman from Il- water, and other kinds of access. We friend. linois, for all of his good work. believe that these would be very useful Mr. MICA. Mr. Chairman, I reserve I rise today to express the support of in establishing an intermodal access the balance of my time. the Science Committee for this bill. I program which would complement Mr. OBERSTAR. Mr. Chairman, I am especially pleased that this legisla- these efforts by facilitating the many yield myself 2 minutes, and yield to the tion includes the FAA Aviation Safety public transit plans in southeast Michi- distinguished gentleman from Cali- Research Assessment Act, which I in- gan. fornia (Mr. WAXMAN). troduced this past June. This bill is I request at this time the assurance Mr. WAXMAN. I thank Chairman now section 913 of H.R. 2881. of my beloved friend, the chairman of OBERSTAR for yielding to me. Aviation safety is extremely impor- the subcommittee, that he will be help- I am rising out of concern about a se- tant to me, particularly after the trag- ing us on this, and I assure him that I rious safety problem at the Santa ic Comair crash that occurred in my will be requesting the assurance of the Monica General Aviation Airport in my own district in Lexington, Kentucky chairman of the Wayne County Airport congressional district. last August, which saw 49 dearly loved Authority that he will cooperate fully The Santa Monica Airport is a people lose their lives. unique facility. It was built in 1922 and The Comair crash made it clear that in giving priority consideration to this has no runway safety areas which are improved safety measures are needed matter to move it forward. now required by the FAA to enable a to save lives. Section 913 calls for an I would now yield to the distin- safe landing in the event that an air- independent assessment of the FAA’s guished gentlewoman from Michigan craft overshoots the runway or fails to aviation safety-related research pro- (Mrs. MILLER) who has been so active grams, in particular, those that focus in this matter. lift off. The airport’s single runway is bor- on preventing runway incursions and Mrs. MILLER of Michigan. Mr. dered by steep hills, public streets, and lessening air traffic control workloads. Chairman, Detroit Metropolitan Air- The NTSB’s investigation of the port is a prime candidate for both an densely populated neighborhoods, with Comair crash brought to light several aerotropolis and participation in this homes as close as 250 feet from the run- safety advisories that were not being program due to its importance as the way. As traffic has increased, so have followed, including the FAA’s rec- Midwest jumping off point to South- concerns that any plane overshooting ommendation that two controllers east Asia, as a world-renowned manu- the runway would be at great risk of should have been in the tower instead facturing center, and as an inter- landing in the neighborhood. of one. national highway crossroads. At its For more than 7 years, I have worked Repeatedly, I have called for en- peak, the aerotropolis could create up with the City of Santa Monica and the hanced safety measures, better staff- to 60,000 jobs for southeast Michigan. Airport Administration to push the ing, and improved working conditions I would also request the support of FAA to address this serious safety for our air traffic controllers. Thank- the chairman in assuring that Wayne problem. Regrettably, the FAA has fully, this bill provides funding for air County Airport Authority receives pri- been unwilling to take meaningful ac- traffic control equipment and facility ority consideration under section 114, tion. The FAA recently issued a final upgrades, and also includes language and I thank the gentleman from Michi- decision to permit only minor runway that would send the National Air Traf- gan, the dean of the House, for the changes that are far below FAA stand- fic Controllers Association and the time. ards and would do little to change the FAA back to the negotiating table. Mr. DINGELL. I yield now to the dis- status quo. Furthermore, the bill provides $42 tinguished gentlewoman from Texas I want to ask Chairman OBERSTAR to million for runway incursion reduction (Ms. EDDIE BERNICE JOHNSON). work with me and the FAA to find a so- programs, $74 million for runway light Ms. EDDIE BERNICE JOHNSON of lution that is consistent with FAA de- improvements, and requires the FAA Texas. I thank the gentleman from sign guidelines for the Santa Monica to implement systems to alert control- Michigan for yielding. Airport and adequately addresses the lers and flight crews of potential run- The Federal Transit Administration safety needs of all aircraft categories way incursions. recently approved a $700 million Full that use the airport. This is precisely the type of safety Funding Grant Agreement for the con- Mr. OBERSTAR. I thank the gen- technology that we need to prevent struction of a new Dallas area rapid tleman for raising that issue. Lack of a these tragedies, and I thank the gentle- transit rail line that will provide ac- runway safety area on an airport is a men for all of their good work. cess to the vicinity of Dallas Love critical gap, a serious gap in the safety Mr. OBERSTAR. Mr. Chairman, may Field Airport, not direct access to the features of an airport, and I assure the I inquire of the time remaining on both main terminal. So to remedy this con- gentleman we will invite the Santa sides? nection lapse, the city of Dallas and Monica Airport Authority, with the The Acting CHAIRMAN (Mr. MEEKS the Council of Governments have com- gentleman’s participation, and the Of- of New York). The gentleman from mitted some funding, but the city has fice of Airports of FAA to come in to

VerDate Aug 31 2005 00:12 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.027 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10641 have a discussion about the safety question, and ask the chairman if he other carrier employees and employers, needs of this airport and funding them would please work with us on this and it could have been addressed dur- within the airport’s master plan into issue. ing a hearing on the subject. Unfortu- the future. Mrs. LOWEY. Reclaiming my time, I nately, in a marked departure from Mr. WAXMAN. I thank you for your yield to the chairman of the com- T&I Subcommittee’s normal practice, willingness to try to bring us all to- mittee, the distinguished chairman of no hearings were held on this issue. gether. I just want to emphasize that the Committee on Transportation and Mr. Chairman, I speak in opposition time is of the essence here. We need to Infrastructure. to FedEx Express language, not as an do all we can to make operations at Mr. OBERSTAR. I thank the gentle- opponent of workers’ rights to collec- Santa Monica Airport safer for the pi- woman for raising this issue, and the tive bargaining, but as an advocate of lots, passengers, and people on the gentleman from New York (Mr. HALL) what I believe are the best economic ground. We may need legislative as well. This is a matter of very great interests of Tennessee’s Ninth Congres- changes in that regard. concern, and you’ve raised a matter of sional District and this Nation, which Mr. MICA. Mr. Chairman, I yield my- national security significance. needs a steady stream of interstate self 30 seconds. The FAA does have administrative commerce provided through the Rail- I just want to add to the colloquy, authority to declare a no fly zone, but way Labor Act. and pledge to the gentleman from Cali- would do so in this situation, in co- However, I signed on as an original fornia that I look forward to working operation with the Department of cosponsor of this legislation because I with the Chair of the full committee to Homeland Security to identify the support the vast majority of its provi- address the safety issues of the Santa threat, establish the need for restric- sions, including the language added by Monica Airport that you have raised tions on aircraft operations, and the Aviation Subcommittee Chairman here before the House today. FAA would then issue the order. I COSTELLO, which provides for consumer So you have our commitment on this pledge to the gentlewoman and to the rights, environmental and noise con- side of the aisle. It is a safety issue, gentleman that we’ll bring both De- cerns, safety issues and flight attend- and we appreciate the gentleman bring- partments, Transportation and Home- ant, air traffic controller and pilot ing this matter before the House and land Security, together with the dele- work conditions. we assure again our cooperation. gation from New York to discuss this Mr. Chairman, I would like to thank I reserve the balance of my time. matter and to do so in a bipartisan the committee chairman and the Avia- Mr. OBERSTAR. Mr. Chairman, I fashion, because there are Republican tion Subcommittee chairman, as well yield 21⁄2 minutes to the distinguished Members who have asked about this as the committee ranking members for gentlewoman from New York (Mrs. matter as well, and begin the process, their hard work on this bill in bringing LOWEY). orderly and appropriately, of desig- together an effective measure that in- Mrs. LOWEY. It is my pleasure to nating a no fly zone. cludes input from a great number of ex- thank our distinguished chairman, Mr. Mr. MICA. Mr. Chairman, we have a pert stakeholders across the airline in- OBERSTAR, for your expertise on these distinguished Member from Tennessee dustry. The overall content of this bill very important issues. on the other side of the aisle who needs is sound, and I believe the few provi- On September 11, 2001, American Air- some time, and we have some extra sions about which I remain concerned lines Flight 11 flew directly over New time, so I’m pleased to yield 21⁄2 min- will be addressed in the conference. York’s Indian Point Nuclear Facility utes to the distinguished gentleman I urge my colleagues to support this on its way to the World Trade Center. from Tennessee (Mr. COHEN) and wel- measure. come his commentary. Mr. COSTELLO. Mr. Chairman, at b 1215 Mr. COHEN. Mr. Chairman, I thank this time I would yield 2 minutes to One year later, a taped interview on the ranking member. the distinguished gentlelady from Flor- al-Jazeera indicated that al Qaeda ini- I rise in support of H.R. 2881, the Fed- ida (Ms. CORRINE BROWN). tially planned to include a nuclear eral Aviation Administration Reau- Ms. CORRINE BROWN of Florida. plant as one of its targets. The Indian thorization Act of 2007, which would Mr. Chairman, I want to thank Chair- Point nuclear power plant is less than authorize $66 billion for Federal avia- men OBERSTAR and COSTELLO and 50 miles from New York City. tion programs. Ranking Members MICA and PETRI for The FAA’s post-September 11 no fly This legislation would provide for the their hard work in bringing this bill to zone around the plant was lifted in No- Airport Improvement Program, for the floor. This bill could not come at a vember 2001. Since that time, I’ve FAA facilities and equipment to accel- better time for the traveling public. worked with my Hudson Valley col- erate the implementation of NextGen, Airlines on-time performance is at leagues to protect Indian Point from which will enable the FAA to replace its lowest rate since the Department of any potential terrorist threat, includ- and repair existing air traffic control Transportation began keeping records ing calling for a no fly zone around the facilities and equipment, as well as to in 1995. And this is happening at the facility. provide for the development of high same time that the Department of Will the chairman commit to work- priority safety-related systems. Transportation is predicting a tripling ing with me to ensure that both the I must say, however, Mr. Chairman, of passenger and cargo by 2025. This is Department of Homeland Security and that I’m extremely disappointed that why we need this bill passed so we can the Federal Aviation Administration this legislation includes language that provide funds for increased capacity, are protecting the airspace around this would abolish 80 years of legislative safety enhancements, and overall sys- facility and protecting the more than and legal precedent by allowing FedEx tem improvements. 20 million people who live near Indian Express workers to unionize under the This bill addresses an important Point from all aviation threats? National Labor Relations Act, as op- issue in my district by preserving the Mr. HALL of New York. Will the gen- posed to the Railway Labor Act which Military Airport Program, MAP, as a tlewoman from New York yield? has traditionally covered all airline set-aside within the Airport Improve- Mrs. LOWEY. It is a pleasure for me employees. And the Ninth Circuit ment Program. The MAP program pro- to yield to the gentleman from New United States District Court in Cali- vides critical support to those commu- York (Mr. HALL). fornia has reemphasized that, and it’s nities which have been given the re- Mr. HALL of New York. I thank the the law of the land. sponsibility of converting closed mili- gentlelady and associate myself with FedEx Express is the largest em- tary bases to civilian use. The partici- my colleague’s remarks and thank her ployer and economic driving force of pation of the Cecil Field Airport, which for her leadership. the city of Memphis, which is predomi- is just outside of Jacksonville, is a Indian Point’s location in the most nantly the Ninth Congressional Dis- prime example of how this program can populated, most targeted area of the trict, which I represent. successfully translate former military country, makes it absolutely critical This provision raises a number of airfields to commercial service that, in that we take every step to secure the questions and concerns regarding the turn, have strengthened the Nation’s plant. I would reiterate my colleague’s consequences of this precedent for aviation system and, in the case of

VerDate Aug 31 2005 00:12 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.029 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN H10642 CONGRESSIONAL RECORD — HOUSE September 20, 2007 Cecil Field, also continues to include and try to do something that’s not fair forward to working with my colleagues uses by the Air National Guard and Re- to everyone. to advance these critical workplace serve units, making this a win-win for Mr. Chairman, I reserve the balance and consumer protections, so that peo- the community and for the military. of my time. ple can breathe the air and not faint MAP grants also support projects Mr. OBERSTAR. Mr. Chairman, I from the heat. And I urge support for that are generally not eligible for AIP yield 2 minutes to the distinguished this bill. funds, but which are typically needed gentleman from New York (Mr. NAD- Mr. MICA. Mr. Chairman, I would for successful civilian conversion such LER). like to yield, at this time, 31⁄2 minutes, as surface parking lots, fuel farms, Mr. NADLER. Mr. Chairman, I rise in and ask also the Chair of the full com- hangars, utility systems, access roads, support of this bill which contains mittee, Mr. OBERSTAR, if he would join and cargo buildings. many excellent provisions. But I would me in this time as I yield to Mr. GAR- Again, I want to thank the chairman like to thank Chairman OBERSTAR and RETT for the purpose of a colloquy. for guiding this bill to the floor, and I Subcommittee Chairman COSTELLO, in Mr. GARRETT of New Jersey. Mr. would encourage my colleagues to sup- particular, for including in the man- Chairman, I thank the Chair and I port this legislation. ager’s amendment two provisions that thank the ranking member and I thank Mr. MICA. Mr. Chairman, I reserve are particularly important to me. the chairman as well for this oppor- the balance of my time. The first requires the FAA to con- tunity to engage in this colloquy. I’d Mr. OBERSTAR. Mr. Chairman, I duct a study to determine if tempera- like to thank my friend from Florida yield 1 minute to the distinguished ture standards are necessary to protect for your advice and your assistance on gentleman from Oregon (Mr. DEFAZIO), crew members and passengers from ex- this matter with regard to the New Chair of the Surface Transportation cessive heat on board aircraft. We’ve Jersey and New York airspace rede- Subcommittee. all heard the news reports about pas- sign. Mr. DEFAZIO. Mr. Chairman, the ad- sengers on planes grounded for hours The gentleman from Florida (Mr. ministration proposed a punitive fee sometimes in the heat without fresh MICA) knows the issue firsthand be- structure aimed at the heart of general air and necessary supplies. cause he has traveled up to New Jersey aviation; and, ironically, they would The Association of Flight Attendants last year and knows of its importance have decreased the funding needed for reports that many crew members have as a top concern for the residents of an already congested and overburdened had to work in dangerously high tem- north Jersey. system. peratures during ground operations for I need to reiterate my concerns with This bill gets us the investment we long periods of time with no ability to the FAA’s record of decision-making need to deal with congestion, to deal obtain relief. regarding this design plan. The alter- with the Next Generation air traffic Now, this is not just a matter of dis- native chosen by the FAA will reroute control. It would allow us to partner comfort. Heat-related illness can be se- planes over areas that used to be quiet with the airports who need to deal with vere, can even lead to death, particu- communities in an effort to reduce their problems through an increase in larly for sensitive populations. delays and air congestion. But because passenger facility charge. It has fair My first inclination was to require of this, thousands of residents in north Jersey will soon have planes flying treatment for the most critical compo- that the temperature in the aircraft over their homes for the first time nent of the people who keep us alive, must not exceed 80 degrees during ever. And these citizens are justifiably the air traffic controllers of America ground operations, but various oper- concerned that the increase in noise who are being demeaned by petty work ational issues make it clear that such and pollution and affecting their qual- rules by this administration and hav- a requirement would be premature. I ity of life will be negative. ing their pay cut. hope that this study will inform Con- Just recently, over 1,400 of these con- It gives long overdue protection to gress of what options are available to cerned citizens showed up at an FAA cabin flight attendants and the pas- us and that it will force the FAA to meeting to make their concerns known sengers who fly in those cabins in take seriously this serious problem. to the design plan. Unfortunately, the terms of workplace health and cabin The second provision would mandate FAA did not listen to their concerns safety. It has critical consumer protec- the FAA to complete a study of the and they published their record any- tion for the first time, something cabin air quality that we required in way earlier this month. The FAA chose that’s been ignored for years here on the last FAA reauthorization bill this plan because they believe it will the Hill under the Republican leader- passed in 2003. Aircraft in the current achieve their goal of reducing delays. ship. commercial fleet are equipped with air Despite all attempts by myself, other It will provide security for overseas circulation systems that bleed air off colleagues, local officials, there was no repair. Most Americans would be the engines and are subject to contami- attempt at all to balance this goal with shocked to know that people, we don’t nation of the air by engine oil and hy- the needs of the citizens of the area. know who they are, overseas are doing draulic fluids. We continue to hear re- There was also no attempt to consider the majority of heavy work on our air- ports from crew members and pas- other factors such as airline over- planes. This bill would begin to turn sengers who have developed long-term scheduling and the size of the planes that around. And this bill does much, neurological problems after docu- flying in and out of the area. much more. Congratulations to the mented exposure to oil smoke in the committee on their great work. cabin or on the flight deck. In the last b 1230 Mr. MICA. Mr. Chairman, I yield my- reauthorization bill, we included a Only air routes were studied. self 1 minute and say I have the great- study to sample and analyze the air on I understand that the legislation we est respect for the gentleman who just board the cabin aircraft. Unfortu- have before us today attempts to deal spoke, but I think the facts are a little nately, the FAA never completed the with the problem of overscheduling, bit different on cutting the air traffic study. and it would be my hope that the FAA controllers’ compensation. This chart, My preference, again, would be to set will continue to review the New Jersey in fact, shows an 81 percent salary in- standards for cabin air quality now or airspace issues with an eye towards crease since 1998. to require that aircraft use certain fil- these less-intrusive solutions to the Unfortunately, also, there’s a dis- ters that can clean the outside air delay problems. parity now of almost 40 percent be- more efficiently. But every time we I would appreciate, then, the support tween air traffic controllers and other raise this issue, we hear that the prob- and assistance of the chairman and the FAA employees in what they receive as lem has not been properly documented. ranking member to determine if there far as increases. So that just doesn’t It is time, and this bill requires that are other practical steps that can be jibe with the facts. And I have the re- the FAA complete this research. taken to decrease the noise and, there- spect of the air traffic controllers, and I would like to thank Mr. OBERSTAR fore, to increase the quality of life that they should be adequately com- and Mr. COSTELLO for their support of this will incur. pensated, and I’ll support that. But we these provisions and for including them I yield now to the gentleman from can’t do an unprecedented reach-back in the manager’s amendment. I look Florida.

VerDate Aug 31 2005 00:12 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.033 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10643 Mr. MICA. Mr. Chairman, I appre- den and Gloucester Counties in Rep- which are critical, and also passenger ciate the gentleman from New Jersey’s resentative ANDREWS’ congressional rights. concern. Mr. GARRETT has been a tire- district. I also want to speak about three spe- less advocate on behalf of his constitu- As the 2005 Department of Transpor- cific provisions. I would like to thank ents and he faces a difficult time, as tation Inspector General report and as the chairman for working with me on does Mr. SHAYS from Connecticut. I former FAA Administrator Marion two provisions to invest in R&D for have been in both of their districts and Blakely indicated to us, the cost effec- new, cleaner fuels in aviation. talked to the constituents, and as FAA tiveness and operational efficiency The first is a provision for an FAA moves forward, he has my commit- gained by the airspace redesign is still Center of Excellence focused on alter- ment, during this colloquy and after largely unknown, and, quite frankly, native jet fuel research and develop- this colloquy, to work with him to try ‘‘the juice is not worth the squeeze.’’ ment, as we work to address global to encourage FAA to see what we can I would like to thank my colleagues warming and cut down on our use of do to minimize the impact on his con- Chairman OBERSTAR and Chairman foreign fossil fuels. stituents. COSTELLO for supporting a Government Second, R&D funding for alternative Mr. OBERSTAR. Mr. Chairman, will Accountability Office study to provide avgas for piston engine planes. Piston the gentleman yield? a comprehensive assessment of the New engine planes currently use leaded gas. Mr. GARRETT of New Jersey. I yield York/New Jersey/Philadelphia metro- It’s important that we work to find an to the gentleman from Minnesota. politan area airspace redesign, includ- alternative. I want to thank Chairman Mr. OBERSTAR. Mr. Chairman, I ing its cost, schedule, estimate reli- GORDON also for working with me on thank the gentleman from New Jersey ability, environmental impact, and les- that in the Science Committee. for raising the issue. Mr. GARRETT’s sons learned for improvement. This is And, third, I’m pleased with the in- right on. particularly important since GAO pro- clusion of report language on the Qual- Mr. SESTAK from Pennsylvania, Mr. vides an independent cost-benefit anal- ification Based Selection process for HALL from New York, Mr. SHAYS from ysis of this plan. PFC-funded airport projects. I look for- Connecticut, obviously this is a bipar- Mr. MICA. I continue to reserve the ward to working with the big four on tisan, nonpartisan issue. It’s a wide- balance of my time, Mr. Chairman. this issue as the bill moves forward in Mr. OBERSTAR. Mr. Chairman, at spread concern. conference. this time I yield 1 minute to the distin- You have my assurance that I will I urge support for this legislation. talk to the FAA, will talk to GAO, ask guished gentleman from California Mr. MICA. Mr. Chairman, I continue them to accelerate the work on their (Mr. THOMPSON). to reserve the balance of my time. Mr. THOMPSON of California. Mr. report, and GAO’s findings need to be Mr. OBERSTAR. Mr. Chairman, I Chairman, I would like to thank the reviewed prior to the redesign of the yield 1 minute to the distinguished chairman and subcommittee chairman, airspace. gentleman from New York (Mr. Mr. OBERSTAR and Mr. COSTELLO, and Mr. GARRETT of New Jersey. Mr. ARCURI). their staff for the good work they did Chairman, I thank the chairman for his Mr. ARCURI. Mr. Chairman, I thank on this bill, but, more specifically, for assistance. As indicated before, this is the chairman for allowing me the op- including provisions from my pas- extremely important to our districts. portunity to discuss this vital eco- sengers’ bill of rights legislation into We are completely frustrated over the nomic development issue for Upstate the manager’s amendment, which will months with the FAA for their lack of New York. become part of the bill. Chairman OBERSTAR, thank you first response, lack of consideration for al- These provisions are going to set a for your leadership on the Transpor- ternative methods, and I appreciate standard that will ensure the flying tation and Infrastructure Committee that. We look forward to the amend- public will be treated appropriately and for bringing forward this bill. ment later on today with regards to when they experience delays. It will re- As you know, this past February the GAO report that will finally put quire a deplaning plan and standard. GAO reported that the very unique air- the information right before the FAA. And when delayed on the tarmac, it port which is closest to our Nation’s They can’t look any other way. They will ensure that these folks have clean capital, National Airport, is underuti- haven’t listened to our constituents. and safe water, proper air circulation, lized. In fact, the GAO reported that Maybe they will listen to the GAO re- and clean and working restrooms. port, and I am sure, absolutely sure, This is a great success for the flying National Airport is the least congested that they will listen to the chairman public, and I want to thank everyone airport of the top 30 in the Nation. and the ranking member. for making this happen. But I want to Residents of my Upstate New York Thank you again for your assistance. remind everyone that our job is not district want to continue visiting our Mr. OBERSTAR. Mr. Chairman, I done. We are going to have to continue Nation’s capital for business or pleas- yield 2 minutes to the distinguished to provide the oversight to ensure that ure at a reasonable airfare. However, gentleman from Pennsylvania (Mr. the airlines and Department of Trans- because a very few airlines control the SESTAK). portation do their jobs and that these vast majority of landing and takeoff Mr. SESTAK. Mr. Chairman, I appre- provisions do, in fact, provide the pro- slots at National, that is artificially ciate the support of the chairman and tections that these people flying de- limited. ranking member. Mr. Chairman, like all of my col- serve. For the past 10 years, the FAA has So thank you very much, and I look leagues, I appreciate your strong lead- been working on the New York/New forward to voting in favor of this bill. ership and guidance on aviation issues Jersey/Philadelphia metropolitan area Mr. OBERSTAR. Mr. Chairman, if and your genuine concern for regional airspace redesign project. In the time the gentleman would yield, I thank the interests. I therefore respectfully re- that I and Representative ANDREWS gentleman for his contribution. It has quest that you strongly consider adopt- from New Jersey have been working on been a very substantial one. ing findings of GAO’s conclusive report this issue, it has become increasingly Mr. MICA. Mr. Chairman, I reserve and increase flying at National Airport clear to us that the process by which it the balance of my time. by a very modest two round trips per was conducted is deeply flawed. We are Mr. OBERSTAR. Mr. Chairman, I hour so that new competition can be gravely concerned that the FAA has yield 1 minute to the distinguished added, so that fares can be decreased. failed to conduct an accurate cost-ben- gentleman from Illinois (Mr. LIPINSKI). The Acting CHAIRMAN. The time of efit analysis that takes into account Mr. LIPINSKI. Mr. Chairman, I am in the gentleman from New York has ex- the full cost of this project, including strong support of this bill and com- pired. social costs such as the impact of noise mend Chairman OBERSTAR and Chair- Mr. OBERSTAR. Mr. Chairman, I on the educational development, man COSTELLO for their work on this yield myself 15 seconds. health, safety, and property values to bill and Ranking Members PETRI and I want to express appreciation to the dense residential communities, includ- MICA for their work. gentleman for raising this issue and for ing many in Delaware County in my This is a very important bill for mod- his forbearance as we work through the congressional district, as well as Cam- ernization and safety improvements, legislative process.

VerDate Aug 31 2005 00:12 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.035 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN H10644 CONGRESSIONAL RECORD — HOUSE September 20, 2007 The GAO report is on the mark. The commodate the growth, to increase ef- bled since last year. My central New Jersey gentleman’s concerns are right. We will ficiency and safety in that system, be constituents who use Newark Liberty Inter- work with him and with all of our col- it a 15-, 20-, maybe 25-year multimillion national Airport suffer from the worst delays in leagues who depend on National Air- dollar system. Doing that will increase the country with only 55 percent of flights ar- port to increase capacity at that air- the capacity of the system. We will riving on time. port. maintain America’s lead in aviation on The legislation before us today will give the Mr. MICA. Mr. Chairman, could I in- a global basis and having that frame- FAA the tools it needs in order to reduce quire about the remaining time on work in place so that the administra- these delays and help increase flight safety. It both sides? tors and the industries involved can will provide the much needed funding to mod- The Acting CHAIRMAN. The gen- plan with reduced uncertainty, which ernize our aging air traffic control system and tleman from Florida has 7 minutes re- is very, very important. We are already to strengthen and rebuild airport infrastructure. maining, and the gentleman from Min- late with this legislation. The current It will require the FAA to meet with airport offi- nesota has 45 seconds remaining. program is scheduled to expire at the cials and airlines to ensure flight reductions in Mr. MICA. Mr. Chairman, I believe end of this month. We will probably be areas where over-scheduling is causing chron- the gentleman from Minnesota has the doing a short-term extension. But we ic delays. This bill will make sure that there right to close. He deserves more than do need a reauthorization to proceed in are the adequate consumer protections in 45 seconds. I would like to, at the ap- a way that can be brought to a success- place to protect our Nation’s airline pas- propriate time, yield him 45 additional sengers. 1 ful conclusion and signed by our Presi- seconds, which would give him 1 ⁄2 min- dent. And we look forward to working Few of us have forgotten the February 14, utes. through the process with our col- 2007 and December 29, 2006 incidents where Mr. Chairman, I yield myself 1 leagues on the other side of this build- hundreds of airline passengers were held on minute at this time. tarmacs for up to 10 hours in appalling condi- Just in closing for my part, again I ing and on the other side of this aisle. want to thank the chairmen of both I thank the gentleman for yielding. tions. These passengers were held in planes the subcommittee and the full com- Mr. OBERSTAR. Mr. Chairman, I with foul air, backed up toilets, little food and mittee and our ranking member, Mr. yield myself the balance of my time. water, and no information. The legislation be- I thank the gentleman from Florida fore us today will ensure that these situations PETRI, for their work. And I said at the beginning, we have for yielding a few additional seconds to will be avoided in the future. an obligation to move this process for- close. H.R. 2881 requires airlines and airports to ward. Mr. PETRI and I are committed This has been, all through the hear- have emergency contingency plans to take to that. ing process, an open and inclusive proc- care of passengers that are involved in long Now, we do disagree with some of the ess that we conducted in the best tradi- tarmac delays. Through these plans it will provisions that have been incorporated tion of the Committee on Transpor- mandate that these passengers have access into this measure. We will cast our tation and Infrastructure. We appre- to food, water, clean restrooms, medical care votes in opposition. But we are trying ciate the participation of the members and requires that passengers are allowed to to move this forward. We have a re- on the Republican side. Mr. MICA has deplane. It also requires the Department of sponsibility. We have an aviation sys- given a considerable amount of his Transportation to enact regulations that will re- tem that is approaching a meltdown. time from all the other issues that we quire airlines to fairly compensate passengers We have an increase in passengers, and have to deal with in committee. The whose flights are cancelled. These common- we want the safest possible system. So gentleman from Wisconsin has been a sense protections will make sure that the air- in that spirit we are going to move for- quick learner and a very astute partici- lines respect the basic needs and rights of ward, and I hope that we can improve pant in both the hearings and the passengers. the bill if we can get it to conference markup process. And the gentleman The Federal Aviation Administration Reau- and if we can move forward. from Illinois (Mr. COSTELLO) has really thorization bill of 2007 contains a number of Mr. Chairman, with that pledge, I am put his arms around the subject of other provisions which will improve the way pleased now to yield the balance of my aviation, mastered the issues, and that our aviation industry operates. It will help time to Mr. PETRI minus the 45 seconds brought forth an extraordinary piece of protect our environment through requiring the I allotted to the other side. legislation that will serve aviation well development of more efficient engines that re- The Acting CHAIRMAN. The gen- and serve the Nation well out into the lease less greenhouse gases into the air as tleman from Wisconsin is recognized future. well as directs the FAA to develop more en- for 51⁄4 minutes. Yes, we have disagreement prin- ergy efficient routes. Our Nation’s air traffic Mr. PETRI. Mr. Chairman, I thank cipally on two issues, and we have been controllers work long and stress-filled hours to my colleague for giving me an oppor- open and candid about that right from ensure that we have the safest air travel in the tunity to again express my apprecia- the outset. We have worked coopera- world. This bill ensures that the FAA will be tion not only to him but to the staff tively, bipartisanly to try to resolve forced to come back to the contract negoti- and to the chairman of our committee, the air traffic controller issue. Both ating table. It will also increase the number of Mr. OBERSTAR; the chairman of the parties seemed irreconcilable. We have aviation safety inspectors by one third, require subcommittee, Mr. COSTELLO; all the created a process in this legislation by the FAA to be more accountable, and improve members as well as members in the which the air traffic controller issue the security of aircraft repair stations. leadership of what is called powerful can be resolved with an arbitration I urge my colleagues to support the FAA Ways and Means Committee around process. Reauthorization bill of 2007. here and the Science Committee for Ms. BEAN. Mr. Chairman, as we debate 1245 their contribution to this bill. b H.R. 2881, the FAA Reauthorization Act of The fact of the matter is that we And I think that’s in the best inter- 2007, I want to highlight a critical flight safety have approached the bulk of our work est of the Nation. and water quality issue—glycol recovery. As in a strong bipartisan way. We worked As we go forward from here, I look airports work to comply with existing and fu- on the underlying bill in that spirit. forward to the amendments that will ture stormwater requirements under the Clean Unfortunately, there are several provi- be forthcoming, and I think in a very Water Act, there is a critical need to find a sions that are controversial and would constructive manner we can conclude cost-effective means of reducing the impact of impede our ability to actually get work the action on this bill today. deicing operations on water quality without through the whole process and signed Mr. HOLT. Mr. Chairman, I rise today in compromising safety. Glycol recovery vehicles by the President that were added in the support of the Federal Aviation Administration are an available, cost-effective solution that full committee. But let there be no Reauthorization bill of 2007, H.R. 2881. provides superior environmental protection. doubt that our country needs to get This summer’s record delays at many of our In its Source Water Protection Bulletin re- this legislation passed to accommodate Nation’s airports have made it evident that our garding airport deicing, the EPA states that new investment in our aviation sys- air traffic control system is in desperate need ‘‘vacuum vehicles are a cost-effective alter- tem. of reform. According to the FAA, 25 percent of native to installing traditional drainage collec- We are at the brink of rolling out a flights arrived late, nearly 3 percent of flights tion systems or deicing pads.’’ In addition, gly- new generation of technology to ac- were cancelled and customer complaints dou- col recovery vehicles reduce airport delays by

VerDate Aug 31 2005 00:12 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 9920 E:\CR\FM\K20SE7.038 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10645 allowing deicing to occur at the gate rather cost-effective solution that provides superior tion aircraft have flown into National. The re- than requiring planes to travel through a deic- environmental protection. quirements of this security program have been ing facility. Thank you in advance for your prompt ac- unduly burdensome, while at other New York tion to clarify confusion among AIP users as Unfortunately, there appears to be confusion to the eligibility of glycol recovery vehicles. airports, general aviation has returned to its among the airports as to whether the pur- Sincerely, previous levels. chase of glycol recovery vehicles is an eligible JERRY COSTELLO, The Aviation Subcommittee will hold hear- expense under the AlP. I have been advised Chairman, Aviation ings on this issue so we can continue to work by the FAA that glycol recovery vehicles are Subcommittee. with MWAA on a balanced approach that will currently eligible for purchase using AlP fund- MELISSA L. BEAN, benefit the region and the country. ing under existing statutory authority. How- Member of Congress. Ms. JACKSON-LEE of Texas. Mr. Chair- ever, despite this interpretation, FAA grant TIMOTHY JOHNSON, man, I rise today in strong support of H.R. Member of Congress. summaries show that over the last 7 years, 2881, the Federal Aviation Administration Re- there has been only one case where a glycol Ms. NORTON. Mr. Chairman, the Nation’s authorization Act of 2007. This important legis- recovery vehicle was purchased using AlP aviation system is in crisis. Delays have lation would usher in important modernizations funds and that was classified as snow removal reached the highest levels in 13 years and the to our Nation’s aging air travel system, bring- equipment. air traffic control system is groaning under the ing air travel in a new direction while making In order to confirm that glycol recovery vehi- weight of a system based on 1950s tech- important safety improvements. cles are in fact eligible for AlP funding, I joined nologies. The Federal Aviation Administration Mr. Chairman, after 9/11, we feared that Aviation Subcommittee Chairman JERRY Reauthorization Act of 2007 takes the first tragedy would lead to large-scale declines in COSTELLO and Representative TIMOTHY JOHN- steps towards reducing these delays, improv- air travel. Six years later, airline traffic is in- SON in sending a letter to FAA Acting Adminis- ing airport infrastructure and creating a sat- stead growing, but with this boom have come trator Sturgell. Our letter dated September 20, ellite-based air traffic control system. I want to some negative consequences for passengers. which I will submit to the RECORD, asked for thank Chairman OBERSTAR and Subcommittee Key among these have been airline delays: a response in writing describing the means by Chairman COSTELLO for their leadership in The first half of 2007 saw record high num- which airports have been informed that glycol bringing this bipartisan legislation to the floor. bers of airline delays. Through July, over one- recovery vehicles are eligible for AlP funding, In 1986 Congress granted ‘‘full power and quarter of all flights were delayed, and over 6 as well as actions that the FAA plans to take dominion over, and complete discretion in, op- percent of flights arrived more than 1 hour in the future to inform airports of such eligi- eration and development of the Airports’’ to a late. Projections indicate this problem is likely bility. regional authority. In return the District of Co- only to get worse, with numbers of pas- I want to thank my colleagues for their sup- lumbia, Maryland and Virginia agreed to take sengers, operations, and cargo expected to tri- port and look forward to a prompt response operational control and have raised more than ple by 2025. from the FAA. $3 billion to modernize National and Dulles We need to invest now to improve our Na- airports. All agree that the regional authority, CONGRESS OF THE UNITED STATES, tion’s air-travel infrastructure. Even more crit- Washington, DC, September 20, 2007. the Metropolitan Washington Airport Authority, ical than these increasingly inconvenient Hon. ROBERT A. STURGELL, has done an excellent job. However, FAA Re- delays are the growing deficiencies in our Acting Administrator, Federal Aviation Admin- authorization legislation is almost always dog- aging air traffic control systems. As chair- istration, Department of Transportation, ged by attempts, usually in the Senate, to in- woman of the Subcommittee on Transpor- Washington, DC. crease flights outside the perimeter and inside tation Security arid Infrastructure Protection of DEAR ACTING ADMINISTRATOR STURGELL: As the perimeter for Reagan Washington National the Committee on Homeland Security, I am Congress continues the process of reauthor- Airport. MWAA has balanced concerns of committed to ensuring a maximum level of izing the Federal Aviation Administration safety, security and efficiency at these air- (FAA), we are seeking clarification of our safety and security for Americans traveling the understanding that glycol recovery vehicles ports. National has avoided some of the skies. To this end, I believe that the mod- are eligible for Airport Improvement Pro- delays that plague other airports and served ernization of air traffic control and airport infra- gram (AIP) funding. Unfortunately, there ap- the region in a comprehensive way, while Dul- structure needs to be a higher priority. pears to be confusion among the airports as les has thrived as an international and national This legislation recognizes this crucial need. to whether their purchase of glycol recovery hub. We must allow professionals to do what It provides $13 billion to accelerate the imple- vehicles is an eligible expense under the AIP. only professionals are equipped to do. mentation of the Next Generation Air Trans- We have been advised by the FAA that such As the only regional member of the Aviation portation System. This program will enable the vehicles are currently eligible for purchase Subcommittee I have argued to maintain the using AIP funding under existing statutory FAA to repair and replace existing facilities authority. We concur and respectfully re- current perimeter and slot system and thank and equipment, and will also make funds quest that you respond to this letter in writ- both Chairman OBERSTAR and Subcommittee available for implementing other high-priority ing describing the means by which airports Chairman COSTELLO for supporting me and safety-related systems. In addition, this bill in- have been informed that glycol recovery ve- the region. Regional members and I have cludes a fiscally responsible increase in the hicles are eligible for AIP funding, as well as been successful in keeping amendments from general aviation jet fuel tax rate from 21.8 actions that the FAA plans to take in the fu- being brought today and now it is time for cents per gallon to 35.9 cents per gallon, and ture to inform airports of such eligibility. Members to cease interfering for their own it increases the aviation gasoline tax rate from As you are aware, aircraft and runway de- convenience. icing operations are a critical element of 19.3 cents per gallon to 24.1 cents per gallon. aviation safety. Currently, glycol-based air- The current reauthorization legislation shifts Crucially, the funds secured by these in- craft deicing fluid is the most widely used some outside-the-perimeter slots to better creases will be dedicated to air traffic control technique for maintaining Federal Aviation times and offers the slots to new entrants at modernization. Administration (FAA) deicing safety stand- National. This reordering of slots could in- Mr. Chairman, I believe that safety must lie ards. However, glycol runoff, if not con- crease competition and entice low-cost car- at the heart of our efforts to improve air travel. tained, can pose a significant threat to water riers to National, an airport where current air- You cannot put a price on the value of keep- systems. In its Source Water Protection Bul- lines command a premium disadvantaging ing American travelers safe. This legislation letin regarding airport deicing, the Environ- residents of the region. I hope that new en- mental Protection Agency states, ‘‘Vacuum will make important strides toward this impor- vehicles are a cost-effective alternative to trants will help this region obtain quality low- tant goal by increasing the number of aviation installing traditional drainage collection fare carriers at National Airport for residents of safety inspectors by more than one-third. It will systems or deicing pads.’’ In addition, glycol the District of Columbia and the region who also strengthen efforts to reduce runway incur- recovery vehicles can reduce airport delays use National but are priced out of the major sions. by allowing deicing to occur at the gate destinations inside the perimeter such as New In addition, this legislation will increase ac- rather than requiring planes to travel York, Miami and Boston. countability, by requiring detailed plans for the through a deicing facility. Other unfinished business of the Transpor- Next Generation Air Transportation System. It Therefore, as airports work to maintain tation and Security Administration that affects also authorizes GAO and Inspector General these safety standards and protect water quality while performing deicing operations, the FAA at National Airport still remains at Na- audits and reports, which will help reduce cost we believe it is important that they be made tional. Before 9/11 National averaged 600 overruns and delays in the air traffic control aware of all tools available for funding general aviation/charter operations a week. modernization program. through the AIP. Glycol recovery vehicles However, since the new security program initi- Mr. Chairman, I support this legislation, and are one of these tools and are an available, ated in October 2005 only 200 general avia- I am extremely pleased that it will include the

VerDate Aug 31 2005 02:10 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\CR\FM\A20SE7.014 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN H10646 CONGRESSIONAL RECORD — HOUSE September 20, 2007 amendment offered by my colleagues Mr. Rights, which provides for emergency contin- The JPDO is a unique federal collaboration LAMPSON and Mr. POE. This amendment elimi- gency plans and greater oversight by the FAA originally authorized in the R&D title of the Vi- nates a 55 percent increase in passenger fa- into flight delays. In the area I represent, sion 100 legislation signed by the President cility charges, which are imposed whenever a southern California, flight delays and conges- during the 108th Congress. It is led by the passenger passes through an airport. These tion are a major problem. H.R. 2881 provides FAA and includes a number of other federal taxes create a substantial financial burden on much needed reforms to help my local airport, agencies, and its role is to coordinate and travelers, particularly those who must pass the LA/Ontario International Airport, improve manage the research, development and imple- through several airports in transit. While I do its infrastructure—so it may accommodate mentation of technologies needed to meet fu- not minimize the need for funds to improve much of the expected increase in air traffic for ture capacity, safety, efficiency, and security airport facilities, I believe there are far more the area in the coming years. requirements for our national airspace system. equitable ways of obtaining this funding. These reforms will reduce delays, increase H.R. 2881 strengthens management oversight Mr. Chairman, as we work to ensure funding capacity, enhance security, and promote new and accountability, and directs participating for our Nation’s vital air transit system, I look competition at Ontario airport and ultimately federal agencies to assign a senior agency of- forward to working with the airports to in- help generate much needed economic devel- ficial to be specifically responsible for that crease contracting opportunities for minority- opment and job growth in my district. agency’s role in the development and imple- owned business. As airports embark on impor- Mr. Chairman, H.R. 2881 is vital to modern- mentation of NextGen. It also creates a more tant programs of improvement, I call on them izing America’s air traffic system, reducing transparent budgeting process to help Con- to create an even playing field, in which small- flight delays, and ensuring our Nation is pre- gress determine if the Administration is pro- and minority-owned businesses can compete pared for the massive increases in number of viding amounts needed and requested by for contracts. flights we will see over the next decade. JPDO participating agencies. With regard to Again, I express my full support of this bill Mr. Chairman, air travel is crucial to many JPDO’s budget, the bill before us is silent on and urge my fellow colleagues to adopt its Americans, who rely on safe and rapid transit authorization amounts, leaving this and future to conduct business, visit family, or take a final passage. Mr. HALL of Texas. Mr. Chairman, research Congresses with the ability to fund the JPDO family vacation. With ever increasing strains as needed. The fact is, at this early stage of on our air transit system, this important legis- and development is absolutely fundamental to the mission of the Federal Aviation Administra- development, too little is known about lation will take air travel in a new direction— NextGen’s cost and budget profile over the providing consumer protections for airline pas- tion, and the bill before us today includes a decade ahead to develop credible cost esti- sengers, modernizing infrastructure, improving number of provisions that will ensure the agency’s R&D enterprise continues to be ro- mates. safety, and reducing delays for people and At the Administration’s request, H.R. 2881 commerce, fuel consumption, and emissions bust and productive. Title I of H.R. 2881 reau- thorizes the FAA’s Research, Engineering and includes a new start called the ‘CLEEN that cause global warming. (Continuous Lower Energy, Emissions, and I strongly support this legislation, and I urge Development program for 4 years at levels Noise engine and airframe technology) re- my colleagues to do the same. that, for the most part, are consistent with the Mr. ENGEL. Mr. Chairman, I stand today in Administration’s request. The bill also contains search, development and implementation part- strong support of this amendment. a number of provisions specific to R&D nership.’ The goals of this program are to re- This has been the worst year on record for projects and activities, many of which are con- search and develop technologies capable of air traffic delays. The New York area, which I solidated in Title IX, but are also incorporated significantly reducing emissions and noise pro- represent, has three major airports with some in other parts of the bill. duced by turbine-powered aircraft, as well as of the worst delays in the Nation. Obviously, The Federal Aviation Administration is a increasing their fuel efficiency. This legislation this situation must change. This amendment unique federal enterprise that is fully reliant on directs the FAA to coordinate its efforts with would commission a study to determine how maintaining a highly sophisticated network of NASA. best to fix these delays. communications, navigation, and surveillance Finally, this legislation takes important first The FAA had a chance to commission such facilities located at many sites throughout this steps to allow for the safe and routine oper- a study, but instead they decided to take a country. The FAA also regulates the design ation of unmanned aircraft systems (UAS) in unilateral, misguided approach to redesign the and operation of the aircraft that fly within our our national airspace system. All of us know airspace over thousands of residents in my airspace. Our national airspace system, and the important capabilities provided by UAS Congressional District. The FAA did this with- the economic benefits that flow from it, would systems in the Middle East. Here at home, out consulting the very people whose lives not be possible without a well-funded research these aircraft will vastly improve our ability to would be most affected. and development program and a dedicated monitor our borders, to help communities re- A study should have been conducted years staff of scientists and engineers. Research re- cover from natural disasters, and take environ- ago. I support reducing delays, but we should sults have led to the development of a huge mental and land-use measurements. But first first know if the FAA’s actions will improve air number of products that continue to improve we need to develop ‘sense and avoid’ tech- travel. It would be a mistake for the FAA to the safety, efficiency and capacity of our na- nologies, along with flight control and naviga- continue on this course without knowing tional airways system and the planes that fly tion technologies, so that unmanned aircraft whether the airspace redesign would even re- in it. can safely fly in the same airspace used by duce delays. The Science and Technology Committee general aviation and commercial aircraft with- I urge my colleagues to support this amend- held oversight hearings early this year in prep- out threat of collision. H.R. 2881 gives the ment because today we are affected, tomor- aration for writing and reporting H.R. 2698, FAA the authority to begin the necessary re- row you could be. The Federal Aviation Research and Develop- search, plus to develop schedules to meet Mr. BACA. Mr. Chairman, I ask for unani- ment Reauthorization Act of 2007, and just 3 mandated deadlines. mous consent to revise and extend my re- months ago, on June 22, our committee re- Mr. Chairman, FAA’s research and develop- marks. I rise to express my strong support for ported the bill on a voice vote. H.R. 2881 in- ment activities are essential to its mission, and H.R. 2881, the Federal Aviation Administration corporates virtually all of the bill’s provisions, the features I’ve described, plus many others Reauthorization Act. and for that, I want to extend my thanks to the in the legislation before us, will strengthen the The first half of 2007 has included the worst leadership and staff of the Transportation and agency’s capabilities to accommodate and record in history for airline delays. So far, Infrastructure Committee for their willingness manage our Nation’s national airspace sys- more than one quarter of all flights this year to work together on these important issues. tem. have been delayed. Yet, airline traffic is ex- While there are a number of R&D provisions Having said that, I do want to express res- pected to grow at a rapid pace—with a tripling in this bill, in the time remaining I want to ervations about portions of H.R. 2881 unre- of the number of passengers flying by the year highlight three programs. First and foremost, lated to research and development, and cau- 2025. H.R. 2881 is an important first step in the Joint Planning and Development Office tion Members to carefully weigh the bill in its addressing America’s transportation dilemma. (JPDO) is working to develop the Next Gen- totality before casting their votes. I clearly un- It modernizes our aging air traffic control sys- eration Air Transportation System (NextGen) derstand this bill has some very contentious tem, and strengthens airport infrastructure to that is—and I say this without any exaggera- issues that may, on balance, leave Members reduce delays and improve safety. This bill tion—absolutely essential if we are to ensure no choice but to vote against final passage. provides the necessary funds to improve a vibrant and growing air transportation net- I am particularly concerned about provisions America’s airport infrastructure. work. The current system is at capacity and in this bill that will impose a variety of new H.R. 2881 also includes critical consumer will not be able to accommodate future costs on an industry that is still recovering protections by creating a Passenger Bill of growth. from several years of billion-dollar losses and,

VerDate Aug 31 2005 00:12 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 9920 E:\CR\FM\A20SE7.017 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10647 to make matters worse, could delay FAA’s HOUSE OF REPRESENTATIVES, COM- tion, you have agreed to remedy our jurisdic- ability to replace its aging air traffic control MITTEE ON SCIENCE AND TECH- tional and substantive concerns during con- system. To give two examples, H.R. 2881 NOLOGY, sideration of H.R. 2881 or similar legislation would permit up to a 55 percent increase in Washington, DC, September 17, 2007. by the full House. The Committee on Home- Hon. JAMES L. OBERSTAR, land Security’s decision to waive consider- passenger facilities charges assessed by air- Chairman, Committee on Transportation and ation of H.R. 2881, or similar legislation, ports, the costs of which appear as an addi- Infrastructure, House of Representatives, should not be construed as waiving, altering, tional fee on airline tickets. The bill also voids Washington, DC. or diminishing the Committee’s prerogatives the current labor-management contract for air DEAR CHAIRMAN OBERSTAR: I write to you with respect to this legislation. traffic controllers, forcing the agency to re- regarding H.R. 2881, the ‘‘FAA Reauthoriza- Additionally, the Committee on Homeland institute its older—and more expensive—labor tion Act of 2007.’’ This legislation authorizes Security reserves the right to seek the ap- contract, and it requires reopening negotia- the Federal Aviation Administration’s (FAA) pointment of conferees during any House- tions on a new contract under a new negoti- programs, including research and develop- Senate conference convened on this legisla- ment programs. tion or on provisions of this or a similar bill ating regime. This labor provision seriously H.R. 2881 contains provisions that fall jeopardizes FAA’s ability to finance its new air that are within the jurisdiction of the Com- within the jurisdiction of the Committee on mittee on Homeland Security. I ask for your traffic control system, which, by some esti- Science and Technology. I recognize and ap- commitment to support any such request by mates, could result in an additional payout to preciate your desire to bring this legislation the Committee on Homeland Security for the air traffic controllers of up to a half-billion dol- before the House in an expeditious manner appointment of conferees on H.R. 2881 or lars over the next 4 years, plus whatever addi- and, accordingly, I will not seek a sequential similar legislation. tional costs are imposed by a new contract. referral of the bill. However, agreeing to Finally, I respectfully ask that you place a These are just two of a number of provisions waive consideration of this bill should not be copy of your letter and this response in the construed as the Committee on Science and Committee Report to accompany H.R. 2881, that will most certainly push up the price of air Technology waiving its jurisdiction over or similar legislation, and in the CONGRES- travel. The net effect of these changes will be H.R. 2881. SIONAL RECORD during floor consideration of to push the cost of air travel so high as to Further, I request your support for the ap- H.R. 2881. make it unaffordable for many working Ameri- pointment of Science and Technology Com- Thank you for your cooperation in this cans to fly, seriously affecting their quality of mittee conferees during any House-Senate conference convened on this legislation on matter. I look forward to working with you life. as we prepare to pass this important legisla- For these and other reasons, I cannot, and provisions of the bill that are within the Committee’s jurisdiction. tion. will not, support H.R. 2881 in its present form. I look forward to working with you as we Sincerely, Mr. SALAZAR. Mr. Chairman, I thank the prepare to pass this important legislation. BENNIE G. THOMPSON, gentleman from Vermont for yielding and I Sincerely, Chairman. would like to recognize Chairman OBERSTAR BART GORDON, and Chairman COSTELLO for their exceptional Chairman HOUSE OF REPRESENTATIVES, COM- leadership on this critical issue. MITTEE ON TRANSPORTATION AND Mr. Chairman, I rise today in support of H.R. HOUSE OF REPRESENTATIVES, COM- INFRASTRUCTURE, 2881, the FAA Reauthorization Act of 2007, MITTEE ON TRANSPORTATION AND Washington, DC, September 14, 2007. and urge swift passage of the measure. INFRASTRUCTURE, Hon. BENNIE G. THOMPSON, There are many good and important issues Washington, DC, September 17, 2007. Chairman, Committee on Homeland Security, House of Representatives, Washington, DC. addressed in this bill: funding for capital pro- Hon. BART GORDON, Chairman, Committee on Science and Tech- DEAR CHAIRMAN THOMPSON: Thank you for grams; air traffic control modernization and nology, House of Representatives, Wash- your September 14, 2007 letter regarding H.R. NextGen; financing that doesn’t overburden ington, DC. 2881, the ‘‘FAA Reauthorization Act of 2007’’. general aviation; safety; the imposed work DEAR CHAIRMAN GORDON: Thank you for Your support for this legislation and your rules on our air traffic controllers; consumer your September 14, 2007 letter regarding H.R. assistance in ensuring its timely consider- protections; R&D; environment; and more. 2881, the ‘‘FAA Reauthorization Act of 2007’’. ation are greatly appreciated. But I’d like to especially thank the bipartisan Your support for this legislation and your I agree that provisions in the bill are of ju- leadership on the committee for working with assistance in ensuring its timely consider- risdictional interest to the Committee on me on issues that are particularly important to ation are greatly appreciated. Homeland Security. I acknowledge that by I agree that provisions in the bill are of ju- forgoing a sequential referral, your Com- me and my constituents. risdictional interest to the Committee on H.R. 2881 provides increased funding to mittee is not relinquishing its jurisdiction Science and Technology. I acknowledge that and I will fully support your request to be local governments throughout the country to by forgoing a sequential referral, your Com- represented in a House-Senate conference on maintain and develop their airports, which mittee is not relinquishing its jurisdiction those provisions over which the Committee serve as cornerstones for economic growth. and I will fully support your request to be on Homeland Security has jurisdiction in The bill also provides increased radar sur- represented in a House-Senate conference on H.R. 2881. veillance coverage in mountainous areas— those provisions over which the Committee I value your cooperation and look forward such as those in Colorado—which will in- on Science and Technology has jurisdiction to working with you as we move ahead with in H.R. 2881. this important aviation legislation. crease the safety and capacity for many of our I value your cooperation and look forward Sincerely, mountain airports. to working with you as we move ahead with JAMES L. OBERSTAR, M.C., As many of us come from and represent this important aviation legislation. Chairman. small, rural communities, we appreciate the Sincerely, need to preserve and improve rural aviation JAMES L. OBERSTAR, M.C., Mr. Chairman, I would also like to thank the programs, such as Essential Air Service. Chairman. staff of the Committees on Transportation and EAS serves rural communities across the Infrastructure, Ways and Means, and Science country that otherwise would not receive any HOUSE OF REPRESENTATIVES, and Technology for their extraordinary work on COMMITTEE ON HOMELAND SECURITY, scheduled air service. this bill. In particular, I thank: Yet the Administration, once again, has pro- Washington, DC, September 14, 2007. Hon. JAMES L. OBERSTAR, COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE posed to cut funding by more than half. Chairman, Committee on Transportation and That would be devastating to more than 140 Full Committee: David Heymsfeld, Ward Infrastructure Washington, DC. McCarragher, Sharon Barkeloo, Jennifer rural communities—including Cortez, Alamosa DEAR CHAIRMAN OBERSTAR: Thank you for and Pueblo, Colorado. working with me to address concerns in H.R. Walsh, Erik Hansen, Elisa Yi, Jim Coon, Amy I’m proud of the work that we did on the 2881, a bill to authorize appropriations for Steinmann. committee to correct this wrong and I’m the Federal Aviation Administration for fis- Subcommittee: Stacie Soumbeniotis, Giles pleased to see the improvements made to cal year 2008. Like you, I strongly believe Giovinazzi, Jana Denning, Pam Keller, Christa rural aviation in this bill. that providing for the authorization of ade- Fornarotto, Holly Woodruff Lyons, Bailey Ed- I believe H.R. 2881 ensures that we remain quate appropriations for the Federal Avia- wards, Russell Kline. the world’s safest aviation system, and I urge tion Administration is vital. H.R. 2881 contains provisions that fall COMMITTEE ON WAYS AND MEANS my colleagues to support this bill. within the jurisdiction of the Committee on Ted Zegers, Susan Athy, Chris Giosa. Mr. OBERSTAR. Mr. Chairman, I include in Homeland Security. I recognize and appre- COMMITTEE ON SCIENCE AND TECHNOLOGY the RECORD exchanges of letters between the ciate your desire to bring this bill to the full Committee on Transportation and Infrastruc- House expeditiously. As a condition to our John Piazza, Richard Obermann, Tim ture and other relevant committees. agreement to forgo a mark-up of this legisla- Athan, Ed Feddeman, Katy Crooks.

VerDate Aug 31 2005 02:10 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 9920 E:\CR\FM\A20SE7.021 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN H10648 CONGRESSIONAL RECORD — HOUSE September 20, 2007 OFFICE OF LEGISLATIVE COUNSEL The FAA itself agrees that the 60-year old air traffic control system. While I don’t pretend David Mendelsohn, Curt Haensel, Rosemary limit should be abolished, but it will take the to understand the technology, I do believe that Gallagher. agency two years to promulgate regulations to upgrading our current air traffic control system Ms. HIRONO. Mr. Chairman, I rise in sup- change this admittedly archaic rule. Mean- will create more efficient and effective man- port of H.R. 2881, the FAA Reauthorization while, an estimated 4,000 pilots will needlessly agement of our airways. I’m hopeful that this Act of 2007. I thank Chairman OBERSTAR and be forced to retire unless we pass this bill. investment, coupled with improving infrastruc- Chairman COSTELLO for their leadership and Finally, one of the more contentious provi- ture, will help to alleviate much of the delays hard work to bring this complex legislation to sions of the bill relates to collective bargaining and cancellations that each of us currently the floor. for air traffic controllers. I support the air traffic face all too often when we go to the airport. While there are disagreements on certain controllers on this issue. It is a matter of sim- We still have much work to do, but I believe issues, the bill that emerged from the com- ple fairness that the FAA be compelled to deal this bill is a step in the right direction. mittee will serve the greater interests for the fairly with this important group of its employ- There are also areas in the base bill which American people for years to come. I am truly ees. There is no fair and equal collective bar- concern me. I have nothing but the utmost re- proud to have been part of the Transportation gaining if one side can walk away from the ne- spect for the air traffic controllers of this Na- and Infrastructure Committee and the Sub- gotiation table and unilaterally impose its posi- tion, and especially those that live and work committee on Aviation in developing this im- tion once an impasse is reached. Funda- within my district. I have had frank and con- portant legislation. mental fairness requires that the parties re- structive conversations on a variety of issues I will address a few of the numerous posi- sume negotiations until an agreement is with them in the past several months. tive provisions of the bill that warrant mention reached and, if the parties cannot agree, me- Despite that, I still have reservations about and support. the intent and ramifications of the language in One section extends the coverage of OSHA diation should be required. Meanwhile, the the base bill which would reopen the recently to flight attendants. For all too long—well over pre-impasse terms and conditions of employ- implemented contract. First and foremost, the 30 years—flight attendants have fought an un- ment should be maintained, as it is in all col- issue of back pay concerns me from a fiscal successful fight to win basic occupational and lective bargaining relationships, until a new and fairness perspective. Regardless of health protections available to nearly all other collective bargaining agreement is ratified. American workers. Collective bargaining not only protects the whether you support or oppose the current Despite a Memorandum of Understanding in rights and benefits of the air traffic controllers, contract, to simply invalidate the contract, in 2000 between FAA and the Occupational but also protects the lives and safety of the my opinion, undermines the bargaining proc- Health and Safety Administration to rectify this traveling public. When they are adequately ess. Further, I remain concerned at the effect discriminatory application of employment law, compensated and allowed sufficient time for this amendment will have on our Nation’s tax- flight attendants are still left without any mean- training, rest and recuperation, air traffic con- payers. ingful safety and health protections. Since the trollers would able to do their jobs more effec- Additionally, I remain concerned by lan- FAA has shown no inclination to follow tively. guage in the bill which would require non-pilot through on the MOU, it is time for Congress There is no worse a method to destroy mo- employees to be covered under the National to act. rale and loyalty—and hence effectiveness and Labor Relations Act. This language, which is Every day, flight attendants risk exposure to performance—of employees than to show directed at one express shipping company, in poor air quality, blood-borne viruses including such disrespect for them. In a job as critical to my opinion could undermine the national HIV and Hepatitis B, cosmic radiation and the safety of millions of travelers, the effective- transportation network and create many unin- noise. They are expected to perform exces- ness and professionalism of air traffic control- tended consequences. sive lifting, pushing, pulling and carrying—in- lers must be fostered, not undermined by un- As this bill moves forward, I hope that we cluding carry-on baggage and poorly designed fair employment practices that treat them with can continue to work towards modernizing our food and beverage carts. Without workplace such undeserved disdain. Giving these impor- air traffic control system and also resolve regulatory protections, flight attendants who tant employees bargaining rights equal to the issues where there is disagreement. Because are sick and injured have no one to help them. employer is not only the right thing to do, it is of the concerns outlined above, I intend to op- This unacceptable condition threatens not only the safe thing to do for all Americans. pose the base bill, but do so recognizing that the health of flight attendants, but the safety of For the reasons I have stated, I support this there are provisions which I support. the hundreds of passengers who depend on comprehensive and major improvement to our Mr. UDALL of Colorado. Mr. Chairman, I flight attendants for many in-flight services, not nation’s aviation system. I urge my colleagues rise in support of H.R. 2881 and urge its ap- to mention life-saving assistance in times of to look at the bill in its entirety and vote to proval. emergency. pass this important legislation. The version of H.R. 2881 that is before us The time has long passed for flight attend- Mr. COBLE. Mr. Chairman, aviation is a today is the product of a constructive, bipar- ants to be denied the same protections that growing industry in the 6th Congressional Dis- tisan collaboration between the Transportation the Federal Government affords millions of trict of North Carolina, and therefore my inter- and Infrastructure Committee and the Science other hard-working employees in both the pri- est in the reauthorization of the Federal Avia- and Technology Committee. vate and public sector, including its own em- tion Administration stems from both a con- I want to express my appreciation for the ployees. It is time for Congress to extend sumer and industry perspective. I’d like to take fine work done by the Transportation and In- OSHA protections to 50,000 American workers a few moments to highlight some provisions in frastructure Committee members and staff, who have been denied this basic employment H.R. 2881 which are beneficial to my area and and in particular Chairman JIM OBERSTAR and right by their federal regulator, the FAA, which others which cause concern. Ranking Member JOHN MICA, along with the should be leading this effort. There is a vibrant general aviation commu- Chairman of the Aviation Subcommittee (and Another important provision that will bring nity within North Carolina, and many of the air- senior member of the Science and Technology fundamental fairness to the industry is the ports in my district are dependent upon the Committee), JERRY COSTELLO, and Ranking bill’s abolition of the arbitrary 60-year age limit Airport Improvement Program to fund nec- Minority member TOM PETRI. I appreciate the on commercial pilots. Only commercial airline essary infrastructure improvements. I am cooperative efforts that made this merged bill pilots in the U.S. are prohibited from flying pleased that this legislation builds upon this possible. after age 60. The International Civil Aviation successful program. It is my hope that as the I also want to thank Chairman BART GOR- Authority already allows its pilots to fly to age bill moves forward, we will continue to seek DON, Ranking Member RALPH HALL, and my 65. Many advanced countries, including Can- ways to augment, and even create incentives, good friend and Ranking Member on the ada, Australia and New Zealand have no age within the AlP program because it is a vital space and aeronautics subcommittee, Rep- limit. Only the U.S., Pakistan, France and Co- tool for economic development. resentative TOM FEENEY, for all of their hard lombia still hold on to this arbitrary disquali- In addition, I remain supportive of the Small work on H.R. 2698, the Federal Aviation R&D fication of otherwise competent pilots. Community Air Services Development Pro- Reauthorization Act of 2007—which was While eliminating this totally subjective and gram which is reauthorized in H.R. 2881. I unanimously passed by the Science and discriminatory restriction on the right to work, have seen first-hand the success this program Technology Committee earlier this year and the bill provides the necessary safeguards to has had in my district, and believe that it is which has now been incorporated into the bill protect the flying public. No pilot over the age another tool which encourages community de- we are considering today. of 60 who is not otherwise capable and quali- velopment, particularly in rural areas. The Science and Technology Committee fied will be able to work on the flight deck, just I’m also pleased that the bill before us takes majority and minority staff has done great like any other qualified pilot of any age. the initial steps to modernize and update our work on this bill and I would like to thank them

VerDate Aug 31 2005 00:12 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 9920 E:\CR\FM\A20SE7.040 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10649 as well, especially Richard Obermann, Ed thorizing the Federal Aviation Administration, ity, and combat climate change. This bill also Feddeman, Tim Athan, and John Piazza for and urge my colleagues to join me in voting contains measures to improve the environ- their hard work. I am pleased that H.R. 2881 for its passage. ments of airport lands, including addressing will reauthorize a range of important R&D ac- I also rise to commend Chairman OBERSTAR water and air quality issues, and reduce air- tivities at the FAA—including R&D related to and Ranking Member MICA on the Committee craft idling time to reduce emissions and fuel aviation noise and emissions reduction—es- on Transportation and Infrastructure as well as consumption. tablish new R&D initiatives in some key areas, Chairman COSTELLO and Ranking Member In addition to these environmental provi- and include provisions aimed at strengthening PETRI of the Subcommittee on Aviation for sions, I would also like to thank Chairman the Next Generation Air Transportation Sys- their excellent leadership on this bill and for OBERSTAR and Ranking Member MICA of the tem (NextGen) initiative and the interagency their continued dedicated service on transpor- full Committee and Chairman COSTELLO and Joint Planning and Development Office tation issues. Ranking Member PETRI of the Aviation Sub- (JPDO), which has the responsibility for plan- This bill contains a number of critical provi- committee for working with me to include two ning and developing NextGen. sions that will improve our nation’s transpor- provisions increasing R&D for environmental Because of my limited time, I would like to tation system. In particular, this legislation will improvements related to aircraft fuel. highlight just two of the new initiatives in the go a long way towards modernizing and im- Currently, general aviation piston aircraft op- bill that I think are especially important. proving our nation’s air traffic control capabili- erate on 100 Octane leaded aviation gasoline, First, the bill establishes an interagency re- ties by providing $13 billion to accelerate the or avgas, which contains four times the search program to better understand the im- implementation of the Next Generation Air amount of lead found in the already-banned pact of aviation on climate change. This is a Transportation system. Through modernization leaded automotive fuel and is extremely toxic. serious matter, with both economic and qual- and increased use of technology, this system Unfortunately, no economical alternative cur- ity-of-life implications, and thus I believe that will enable our air traffic control system to rently exists. Environmental and health con- this research effort is critically important. meet two to three times the amount of current cerns over this leaded gasoline will only con- Second, the bill establishes a multi-agency demand, allowing us to keep pace with the tinue to grow as use of these planes in- research program to conduct research on the ever-increasing number of flights. This tech- creases. impacts of space weather on aviation and air nology will also allow us to more accurately In order to address this issue, I worked to passengers. This is motivated by the in- track flights, preventing collisions in our in- include in this bill a provision to continue and creased importance of space weather to avia- creasingly congested skies. In addition, the enhance R&D for alternative aviation fuels. tion, especially with the increased incidence of FAA will be given the resources to make nec- This provision, which authorizes $750,000 for flight operations over the polar regions. essary improvements and replacements of fa- fiscal years 2008 through 2010, will help to ex- Mr. Chairman, while I could spend all my cilities and equipment, ensuring the highest pedite the development, testing, and approval time discussing the important provisions from degree of air traffic support. of an economical, unleaded alternative aircraft H.R. 2698 that have been included in H.R. I would also like to thank the Chairmen and fuel. 2881, I would be remiss if I did not discuss Ranking Members of the full Committee and Also included in this reauthorization is a pro- several other features of the bill that I think Subcommittee for including report language on vision I authored for a new FAA Center of Ex- are important. It is clear, I think, that enhanc- the potential application of Qualification Based cellence focused on alternative jet fuel re- ing the Nation’s aviation needs while address- Selection for Passenger Facility Charge fund- search. FAA Air Transportation Centers of Ex- ing unique challenges of individual commu- ed airport projects. Qualification Based Selec- cellence provide research on important trans- nities is not an easy task. I believe that this bill tion is a process that works well with Airport portation issues through partnerships between moves our Nation’s air transportation system Improvement Program funded projects and the FAA, universities, industry and state and forward while being understanding of the ob- some other federally-funded transportation local government. In conducting transportation stacles that face each state and locality. projects. It has been a process that has saved research, Centers of Excellence also prepare In June, the Department of Transportation time and saved money in other transportation a new generation of trained professionals (DOT) reported that only 72.5 percent of do- projects. Consequently, taking a closer and ready to meet our nation’s transportation mestic flights by the largest U.S. airlines ar- more comprehensive look to see how it could needs. rived on-time from January to April of this be effectively implemented with PFC-funded And in the coming years, perhaps no trans- year. This is the worst showing since DOT projects seems to be a logical step. portation need will be greater than the need began reporting on-time performance in 1995. This reauthorization also takes some impor- for alternative energies. Increasing demand for Robust investment in aviation infrastructure is tant steps towards protecting flight crews and fossil fuels and continued volatility in many en- crucial to increase air capacity and decrease passengers. For example, OSHA requirements ergy supplying nations means that the price of fight delays. I am pleased that this bill pro- are finally extended to aircraft crewmembers fossil fuels will continue to go up. And, in- vides for increased funding for a number of under this bill, helping to ensure their on-the- creased emissions from the use of fossil fuels FAA capital programs, including the Airport job safety. This legislation also directs the further endanger our global environment. Improvement Program (AIP). FAA to conduct a study on pilot fatigue, and Jet fuel in particular illustrates the dangers Passage of this legislation is vital to the based on the findings of that study, update of our current reliance on fossil fuels. Many health of the Nation’s air transportation system their regulations regarding flight time limita- airlines in this country, already fighting bank- and the continued economic vitality of Colo- tions and rest requirements for pilots. Further- ruptcy, are particularly vulnerable to higher rado. I am especially pleased that the bill des- more, airlines and airports will be required to fuel prices and increased volatility in the en- ignates a program within FAA to improve safe- have contingency plans in place to take care ergy market. And while jet emissions still con- ty and efficiency of radar coverage in moun- of passengers affected by long delays, includ- stitute only 3% of global emissions, that share tainous areas. While the Colorado Department ing providing food, water and medical care. is growing rapidly as the number of flights of Transportation (CDOT) and the FAA have This provision is a welcome relief to all of us worldwide continues to increase. already begun such an endeavor, this bill will who have ever experienced long and painful Consequently, it is apparent that developing further cement and provide funding for en- flight delays. alternative jet fuels is imperative for our Na- hanced radar coverage at mountain airports in Furthermore, this reauthorization includes tion’s airlines and our environment. Recog- Colorado and elsewhere. Not only will this pro- $570 million to increase the number of avia- nizing this need, and witnessing the valuable gram increase safety but it will also provide tion safety inspectors by more than one-third. R&D that FAA Centers of Excellence have multi-modal benefits by reducing congestion These inspectors develop, administer, and en- provided in other areas such as Airliner Cabin on highways due to flight diversions or denied force safety requirements for all aircraft being Environment, Noise and Emissions, and Air- service. developed and flying today. Increasing the port Technology, I authored a provision in- Mr. Chairman, it is no exaggeration to say number of these inspectors will help ensure cluded in this reauthorization which will create that the Nation’s air transportation system is that our skies are as safe as possible. an FAA Center of Excellence dedicated to al- critical to our economic well-being, our inter- I am also pleased that this reauthorization ternative jet fuel research. This Center of national competitiveness, and our quality of includes a number of provisions that will im- Excellence’s research will improve the long- life. I believe that H.R. 2881 will help maintain prove our environment. It directs the FAA to term health of our domestic aviation economy its continued vitality and safety, and I urge work to develop lower energy, emissions and and our global environment. Members to support the bill. noise engine and airframe technology. This The benefits of this Center of Excellence Mr. LIPINSKI. Mr. Chairman, I rise in strong type of technology will help to reduce our de- and all the improvements in safety, efficiency, support of this very important legislation reau- pendence on fossil fuels, improve our air qual- labor protections and environment provided by

VerDate Aug 31 2005 02:10 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 9920 E:\CR\FM\A20SE7.044 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN H10650 CONGRESSIONAL RECORD — HOUSE September 20, 2007 this reauthorization are particularly important considered as an original bill for the Sec. 202. Next generation air transportation to my hometown of Chicago. Chicago is the purpose of further amendment under system joint planning and de- transportation hub of the Nation and transpor- the 5-minute rule and shall be consid- velopment office. Sec. 203. Next Generation Air Transpor- tation is—metaphorically and literally—what ered read. tation Senior Policy Com- keeps our region moving. Chicago Midway Air- The text of the bill, as amended, is as mittee. port, which is in my District, and nearby follows: Sec. 204. Automatic dependent surveillance- O’Hare International Airport, are two of the H.R. 2881 broadcast services. busiest and largest airports in the Nation. And Be it enacted by the Senate and House of Rep- Sec. 205. Inclusion of stakeholders in air while thousands of people pass through these resentatives of the United States of America in traffic control modernization airports every day, they are the local airports Congress assembled, projects. Sec. 206. GAO review of challenges associ- for my constituents and the surrounding com- Strike all after the enacting clause and in- sert the following: ated with transforming to the munities. Consequently, any national improve- Next Generation Air Transpor- ments in our aviation system will be acutely SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tation System. felt by those of us who live under the busy (a) SHORT TITLE.—This Act may be cited as Sec. 207. GAO review of Next Generation Air skies of northeastern Illinois. I believe this re- the ‘‘FAA Reauthorization Act of 2007’’. Transportation System acquisi- (b) TABLE OF CONTENTS.— authorization is a good beginning in improving tion and procedures develop- not only the flying experience of my constitu- Sec. 1. Short title; table of contents. ment. Sec. 2. Amendments to title 49, United Sec. 208. DOT inspector general review of ents, but also in reducing the amount of avia- States Code. operational and approach pro- tion emissions and noise that they encounter Sec. 3. Effective date. cedures by a third party. on a daily basis. TITLE I—AUTHORIZATIONS Sec. 209. Expert review of enterprise archi- And importantly for my District, this FAA re- tecture for Next Generation Air Subtitle A—Funding of FAA Programs authorization provides necessary funding to Transportation System. make our runways safer. This issue is impor- Sec. 101. Airport planning and development Sec. 210. NEXTGEN technology testbed. and noise compatibility plan- tant to the many people in Chicagoland who Sec. 211. Clarification of authority to enter ning and programs. into reimbursable agreements. still clearly remember the tragic accident in Sec. 102. Air navigation facilities and equip- Sec. 212. Definition of air navigation facil- 2005 when an aircraft skidded off the runway ment. ity. at Midway Airport and into a passing car, kill- Sec. 103. FAA operations. Sec. 213. Improved management of property ing a young boy. To address some of the con- Sec. 104. Research and development. inventory. cerns raised by these types of accidents, this Sec. 105. Funding for aviation programs. Sec. 214. Clarification to acquisition reform legislation provides $42 million over four years Subtitle B—Passenger Facility Charges authority. for runway incursion reduction programs and Sec. 111. PFC authority. Sec. 215. Assistance to foreign aviation au- Sec. 112. PFC eligibility for bicycle storage. thorities. $74 million over four years for runway status Sec. 216. Front line manager staffing. Sec. 113. Noise compatibility projects. light acquisition and installation. These runway Sec. 217. Flight service stations. improvements will not only help to protect Sec. 114. Intermodal ground access project pilot program. TITLE III—SAFETY flight crews and aircraft passengers, but also Sec. 115. Impacts on airports of accommo- Subtitle A—General Provisions the people such as those in my district who dating connecting passengers. Sec. 301. Age standards for pilots. live and work alongside our Nation’s airports. Subtitle C—Fees for FAA Services Sec. 302. Judicial review of denial of airman In conclusion, this FAA reauthorization con- certificates. Sec. 121. Update on overflights. Sec. 303. Release of data relating to aban- tains important efficiency, safety and environ- Sec. 122. Registration fees. mental provisions that will benefit the Nation doned type certificates and sup- Subtitle D—AIP Modifications and Chicagoland in particular, and I urge my plemental type certificates. colleagues to join me in supporting its pas- Sec. 131. Amendments to AIP definitions. Sec. 304. Inspection of foreign repair sta- Sec. 132. Amendments to grant assurances. tions. sage. Sec. 133. Government share of project costs. Sec. 305. Runway incursion reduction. Mr. TANNER. Mr. Chairman, I rise today to Sec. 134. Amendments to allowable costs. Sec. 306. Improved pilot licenses. strongly oppose a provision that was included Sec. 135. Uniform certification training for Sec. 307. Aircraft fuel tank safety improve- in H.R. 2881, the FAA Reauthorization Act of airport concessions under dis- ment. 2007. advantaged business enterprise Sec. 308. Flight crew fatigue. The underlying bill contains language that program. Sec. 309. OSHA standards. would unfairly target a single company located Sec. 136. Preference for small business con- Sec. 310. Aircraft surveillance in moun- cerns owned and controlled by tainous areas. in my Sate and compel them to change the Sec. 311. Off-airport, low-altitude aircraft way they do business. There have been no disabled veterans. Sec. 137. Calculation of State apportionment weather observation tech- hearings on this issue and I am concerned fund. nology. that there could be considerable unintended Sec. 138. Reducing apportionments. Subtitle B—Unmanned Aircraft Systems consequences if this provision is approved. Sec. 139. Minimum amount for discretionary Sec. 321. Commercial unmanned aircraft Inclusion of the language could also put this fund. systems integration plan. critical aviation safety bill at risk. I have been Sec. 140. Marshall Islands, Micronesia, and Sec. 322. Special rules for certain unmanned told that several Senators have made clear Palau. aircraft systems. this provision is a non-starter that puts a Sec. 141. Use of apportioned amounts. Sec. 323. Public unmanned aircraft systems. speedy and successful Conference at risk. Sec. 142. Sale of private airport to public Sec. 324. Definitions. At a time where air traffic is in gridlock, I sponsor. TITLE IV—AIR SERVICE IMPROVEMENTS Sec. 143. Airport privatization pilot pro- think we have a duty to the American public Sec. 401. Monthly air carrier reports. gram. Sec. 402. Flight operations at Reagan Na- to pass a bill that can quickly be conferenced Sec. 144. Airport security program. with the Senate. Because I do think that we tional Airport. Sec. 145. Sunset of pilot program for pur- Sec. 403. EAS contract guidelines. need to move forward on FAA reform, I will re- chase of airport development Sec. 404. Essential air service reform. luctantly vote for H.R. 2881. However, I be- rights. Sec. 405. Small community air service. lieve that this bill is far too important to be Sec. 146. Extension of grant authority for Sec. 406. Air passenger service improve- used as a vehicle for targeting a single Amer- compatible land use planning ments. ican company and am hopeful that this issue and projects by State and local Sec. 407. Contents of competition plans. governments. Sec. 408. Extension of competitive access re- will be addressed in conference. Sec. 147. Repeal of limitations on Metropoli- The Acting CHAIRMAN. All time for ports. tan Washington Airports Au- Sec. 409. Contract tower program. general debate has expired. thority. Sec. 410. Airfares for members of the Armed In lieu of the amendment in the na- Sec. 148. Midway Island Airport. Forces. ture of a substitute printed in the bill, Sec. 149. Miscellaneous amendments. Sec. 411. Medical oxygen and portable res- the amendment in the nature of a sub- TITLE II—NEXT GENERATION AIR piratory assistive devices. stitute printed in part A of House Re- TRANSPORTATION SYSTEM AND AIR TITLE V—ENVIRONMENTAL port 110–335, modified by the amend- TRAFFIC CONTROL MODERNIZATION STEWARDSHIP AND STREAMLINING ment printed in part B of the report, is Sec. 201. Mission statement; sense of Con- Sec. 501. Amendments to air tour manage- adopted. The bill, as amended, shall be gress. ment program.

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0655 E:\CR\FM\A20SE7.048 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10651 Sec. 502. State block grant program. Sec. 904. Research program on runways. ‘‘(B) oceanic weather, including convective Sec. 503. Airport funding of special studies Sec. 905. Research on design for certifi- weather, and other hazards associated with or reviews. cation. oceanic operations (where commercial traffic Sec. 504. Grant eligibility for assessment of Sec. 906. Centers of excellence. is high and only rudimentary satellite sens- flight procedures. Sec. 907. Airport cooperative research pro- ing is available) to reduce the hazards pre- Sec. 505. CLEEN research, development, and gram. sented to commercial aviation, including implementation partnership. Sec. 908. Unmanned aircraft systems. convective weather ice crystal ingestion Sec. 506. Prohibition on operating certain Sec. 909. Research grants program involving threats; and aircraft weighing 75,000 pounds undergraduate students. ‘‘(C) en route turbulence prediction. or less not complying with Sec. 910. Research program on space weather ‘‘(e) SAFETY MANAGEMENT SYSTEMS.—Of stage 3 noise levels. and aviation. amounts appropriated under subsection (a) Sec. 507. Environmental mitigation pilot Sec. 911. Aviation gas research and develop- and section 106(k)(1), such sums as may be program. ment program. necessary for each of fiscal years 2008 Sec. 508. Aircraft departure queue manage- Sec. 912. Research reviews and assessments. through 2011 may be used to advance the de- ment pilot program. Sec. 913. Review of FAA’s aviation safety-re- velopment and implementation of safety Sec. 509. High performance and sustainable lated research programs. management systems. air traffic control facilities. Sec. 914. Research program on alternative ‘‘(f) RUNWAY INCURSION REDUCTION PRO- Sec. 510. Regulatory responsibility for air- jet fuel technology for civil air- GRAMS.—Of amounts appropriated under sub- craft engine noise and emis- craft. section (a), $8,000,000 for fiscal year 2008, sions standards. Sec. 915. Center for excellence in aviation $10,000,000 for fiscal year 2009, $12,000,000 for TITLE VI—FAA EMPLOYEES AND employment. fiscal year 2010, and $12,000,000 for fiscal year ORGANIZATION SEC. 2. AMENDMENTS TO TITLE 49, UNITED 2011 may be used for the development and Sec. 601. Federal Aviation Administration STATES CODE. implementation of runway incursion reduc- personnel management system. Except as otherwise expressly provided, tion programs. Sec. 602. MSPB remedial authority for FAA whenever in this Act an amendment or re- ‘‘(g) RUNWAY STATUS LIGHTS.—Of amounts employees. peal is expressed in terms of an amendment appropriated under subsection (a), $15,000,000 Sec. 603. FAA technical training and staff- to, or a repeal of, a section or other provi- for fiscal year 2008, $27,000,000 for fiscal year ing. sion, the reference shall be considered to be 2009, $12,000,000 for fiscal year 2010, and Sec. 604. Designee program. made to a section or other provision of title $20,000,000 for 2011 may be used for the acqui- Sec. 605. Staffing model for aviation safety 49, United States Code. sition and installation of runway status inspectors. SEC. 3. EFFECTIVE DATE. lights. Sec. 606. Safety critical staffing. Except as otherwise expressly provided, ‘‘(h) ADDITIONAL PROGRAMS IN FISCAL YEAR Sec. 607. FAA air traffic controller staffing. this Act and the amendments made by this 2008.—Of amounts appropriated under sub- Sec. 608. Assessment of training programs Act shall apply only to fiscal years begin- section (a), $19,500,000 for fiscal year 2008 for air traffic controllers. ning after September 30, 2007. may be used for— Sec. 609. Collegiate training initiative TITLE I—AUTHORIZATIONS ‘‘(1) system capacity, planning, and im- study. Subtitle A—Funding of FAA Programs provement; TITLE VII—AVIATION INSURANCE ‘‘(2) operations concept validation; SEC. 101. AIRPORT PLANNING AND DEVELOP- ‘‘(3) NAS weather requirements; Sec. 701. General authority. MENT AND NOISE COMPATIBILITY Sec. 702. Extension of authority to limit PLANNING AND PROGRAMS. ‘‘(4) Airspace Management Lab; ‘‘(5) Local Area Augmentation System third party liability of air car- (a) AUTHORIZATION.—Section 48103 is riers arising out of acts of ter- amended— (LAAS); and rorism. (1) by striking ‘‘September 30, 2003’’ and in- ‘‘(6) wind profiling and weather research, Sec. 703. Clarification of reinsurance author- serting ‘‘September 30, 2007’’; and Juneau. ity. (2) by striking paragraphs (1) through (4) ‘‘(i) ADDITIONAL PROGRAMS IN FISCAL Sec. 704. Use of independent claims adjust- and inserting the following: YEARS 2009–2011.—Of amounts appropriated ers. ‘‘(1) $3,800,000,000 for fiscal year 2008; under subsection (a), $14,500,000 for each of Sec. 705. Extension of program authority. ‘‘(2) $3,900,000,000 fiscal year 2009; fiscal years 2009, 2010, and 2011 may be used TITLE VIII—MISCELLANEOUS ‘‘(3) $4,000,000,000 fiscal year 2010; and for— ‘‘(1) system capacity, planning, and im- Sec. 801. Air carrier citizenship. ‘‘(4) $4,100,000,000 fiscal year 2011.’’. provement; Sec. 802. Disclosure of data to Federal agen- (b) OBLIGATIONAL AUTHORITY.—Section ‘‘(2) operations concept validation; cies in interest of national se- 47104(c) is amended by striking ‘‘September ‘‘(3) NAS weather requirements; and curity. 30, 2007’’ and inserting ‘‘September 30, 2011’’. ‘‘(4) Airspace Management Lab.’’. Sec. 803. FAA access to criminal history SEC. 102. AIR NAVIGATION FACILITIES AND records and database systems. EQUIPMENT. SEC. 103. FAA OPERATIONS. Sec. 804. Clarification of air carrier fee dis- (a) AUTHORIZATION OF APPROPRIATIONS.— (a) IN GENERAL.—Section 106(k)(1) is putes. Section 48101(a) is amended by striking para- amended by striking subparagraphs (A) Sec. 805. Study on national plan of inte- graphs (1) through (4) and inserting the fol- through (D) and inserting the following: grated airport systems. lowing: ‘‘(A) $8,726,000,000 for fiscal year 2008; Sec. 806. Express carrier employee protec- ‘‘(1) $3,120,000,000 for fiscal year 2008. ‘‘(B) $8,978,000,000 for fiscal year 2009; tion. ‘‘(2) $3,246,000,000 for fiscal year 2009. ‘‘(C) $9,305,000,000 for fiscal year 2010; and Sec. 807. Consolidation and realignment of ‘‘(3) $3,259,000,000 for fiscal year 2010. ‘‘(D) $9,590,000,000 for fiscal year 2011.’’. FAA facilities. ‘‘(4) $3,353,000,000 for fiscal year 2011.’’. (b) AUTHORIZED EXPENDITURES.—Section Sec. 808. Transportation Security Adminis- (b) USE OF FUNDS.—Section 48101 is amend- 106(k)(2) is amended— tration centralized training fa- ed by striking subsections (c) through (i) and (1) by striking subparagraphs (A), (B), (C), cility feasibility study. inserting the following: (D), and (F); Sec. 809. GAO study on cooperation of air- ‘‘(c) WAKE VORTEX MITIGATION.—Of (2) by redesignating subparagraphs (E) and line industry in international amounts appropriated under subsection (a), (G) as subparagraphs (A) and (B), respec- child abduction cases. such sums as may be necessary for each of tively; and Sec. 810. Lost Nation Airport, Ohio. fiscal years 2008 through 2011 may be used for (3) in subparagraphs (A) and (B) (as so re- Sec. 811. Pollock Municipal Airport, Lou- the development and analysis of wake vortex designated) by striking ‘‘2004 through 2007’’ isiana. mitigation, including advisory systems. and inserting ‘‘2008 through 2011’’. Sec. 812. Human intervention and motiva- ‘‘(d) WEATHER HAZARDS.— (c) AIRLINE DATA AND ANALYSIS.—There is tion study program. ‘‘(1) IN GENERAL.—Of amounts appropriated authorized to be appropriated to the Sec- Sec. 813. Washington, D.C., Air Defense Iden- under subsection (a), such sums as may be retary of Transportation out of the Airport tification Zone. necessary for each of fiscal years 2008 and Airway Trust Fund established by sec- Sec. 814. Merrill Field Airport, Anchorage, through 2011 may be used for the develop- tion 9502 of the Internal Revenue Code of 1986 Alaska. ment of in-flight and ground-based weather (26 U.S.C. 9502) to fund airline data collection Sec. 815. William P. Hobby Airport, Hous- threat mitigation systems, including ground and analysis by the Bureau of Transpor- ton, Texas. de-icing and anti-icing systems and other tation Statistics in the Research and Innova- TITLE IX—FEDERAL AVIATION systems for predicting, detecting, and miti- tive Technology Administration of the De- RESEARCH AND DEVELOPMENT gating the effects of certain weather condi- partment of Transportation— Sec. 901. Short title. tions on both airframes and engines. (1) $4,000,000 for fiscal year 2008; and Sec. 902. Definitions. ‘‘(2) SPECIFIC HAZARDS.—Weather condi- (2) $6,000,000 for each of fiscal years 2009, Sec. 903. Interagency research initiative on tions referred to in paragraph (1) include— 2010, and 2011. the impact of aviation on the ‘‘(A) ground-based icing threats such as ice SEC. 104. RESEARCH AND DEVELOPMENT. climate. pellets and freezing drizzle; Section 48102(a) is amended—

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.027 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN H10652 CONGRESSIONAL RECORD — HOUSE September 20, 2007 (1) in paragraph (11)(L) by striking ‘‘and’’; ‘‘(T) $5,000,000 for the Airport Cooperative ‘‘(Q) $3,758,000 for William J. Hughes Tech- (2) in paragraph (12)(L) by striking the pe- Research Program—environment; nical Center Laboratory Facility; riod at the end and inserting a semicolon; ‘‘(U) $5,000,000 for the Airport Cooperative ‘‘(R) $114,000,000 for Center for Advanced and Research Program—safety; Aviation System Development; (3) by adding at the end the following: ‘‘(V) $3,469,000 for GPS civil requirements; ‘‘(S) $5,000,000 for the Airport Cooperative ‘‘(13) for fiscal year 2008, $335,191,000, in- ‘‘(W) $20,000,000 for Safe Flight 21, Alaska Research Program—capacity; cluding— Capstone; ‘‘(T) $5,000,000 for the Airport Cooperative ‘‘(A) $7,350,000 for fire research and safety; ‘‘(X) $8,907,000 for airports technology re- Research Program—environment; ‘‘(B) $4,086,000 for propulsion and fuel sys- search—capacity; ‘‘(U) $5,000,000 for the Airport Cooperative tems; ‘‘(Y) $9,805,000 for airports technology re- Research Program—safety; ‘‘(C) $2,713,000 for advanced materials and search—safety; ‘‘(V) $3,432,000 for GPS civil requirements; structural safety; ‘‘(15) for fiscal year 2010, $486,502,000, in- ‘‘(W) $20,000,000 for Safe Flight 21, Alaska ‘‘(D) $3,574,000 for atmospheric hazards and cluding— Capstone; digital system safety; ‘‘(A) $8,546,000 for fire research and safety; ‘‘(X) $8,907,000 for airports technology re- ‘‘(E) $14,931,000 for aging aircraft; ‘‘(B) $4,075,000 for propulsion and fuel sys- search—capacity; ‘‘(F) $2,202,000 for aircraft catastrophic fail- tems; ‘‘(Y) $9,805,000 for airports technology re- ure prevention research; ‘‘(C) $2,700,000 for advanced materials and search—safety.’’. ‘‘(G) $14,651,000 for flightdeck maintenance, structural safety; SEC. 105. FUNDING FOR AVIATION PROGRAMS. system integration, and human factors; ‘‘(D) $3,608,000 for atmospheric hazards and (a) AIRPORT AND AIRWAY TRUST FUND ‘‘(H) $9,517,000 for aviation safety risk anal- digital system safety; GUARANTEE.—Section 48114(a)(1)(A) is amend- ysis; ‘‘(E) $14,688,000 for aging aircraft; ed to read as follows: ‘‘(I) $15,254,000 for air traffic control, tech- ‘‘(F) $2,153,000 for aircraft catastrophic fail- ‘‘(A) IN GENERAL.—The total budget re- nical operations, and human factors; ure prevention research; sources made available from the Airport and ‘‘(J) $6,780,000 for aeromedical research; ‘‘(G) $36,967,000 for flightdeck maintenance, Airway Trust Fund each fiscal year through ‘‘(K) $19,888,000 for weather programs; system integration, and human factors; fiscal year 2011 pursuant to sections 48101, ‘‘(L) $6,310,000 for unmanned aircraft sys- ‘‘(H) $8,334,000 for aviation safety risk anal- 48102, 48103, and 106(k) shall— tems research; ysis; ‘‘(i) in each of fiscal years 2008 and 2009, be ‘‘(M) $18,100,000 for the Next Generation Air ‘‘(I) $15,471,000 for air traffic control, tech- equal to 95 percent of the estimated level of Transportation System Joint Planning and nical operations, and human factors; receipts plus interest credited to the Airport Development Office; ‘‘(J) $7,149,000 for aeromedical research; and Airway Trust Fund for that fiscal year; ‘‘(N) $10,755,000 for wake turbulence; ‘‘(K) $23,286,000 for weather program; and ‘‘(O) $20,469,000 for environment and en- ‘‘(L) $6,236,000 for unmanned aircraft sys- ‘‘(ii) in each of fiscal years 2010 and 2011, be ergy; tems research; equal to the sum of— ‘‘(P) $1,184,000 for system planning and re- ‘‘(M) $18,100,000 for the Next Generation Air ‘‘(I) 95 percent of the estimated level of re- source management; Transportation System Joint Planning and ceipts plus interest credited to the Airport ‘‘(Q) $3,415,000 for the William J. Hughes Development Office; and Airway Trust Fund for that fiscal year; Technical Center Laboratory Facility; ‘‘(N) $10,412,000 for wake turbulence; and ‘‘(R) $74,200,000 for the Center for Advanced ‘‘(O) $34,678,000 for environment and en- ‘‘(II) the actual level of receipts plus inter- Aviation System Development; ergy; est credited to the Airport and Airway Trust ‘‘(S) $2,000,000 for the Airport Cooperative ‘‘(P) $1,827,000 for system planning and re- Fund for the second preceding fiscal year Research Program—capacity; source management; minus the total amount made available for ‘‘(T) $3,000,000 for the Airport Cooperative ‘‘(Q) $3,644,000 for William J. Hughes Tech- obligation from the Airport and Airway Research Program—environment; nical Center Laboratory Facility; Trust Fund for the second preceding fiscal ‘‘(U) $5,000,000 for the Airport Cooperative ‘‘(R) $90,000,000 for the Center for Advanced year. Research Program—safety; Aviation System Development; Such amounts may be used only for aviation ‘‘(V) $3,600,000 for GPS civil requirements; ‘‘(S) $5,000,000 for the Airport Cooperative investment programs listed in subsection ‘‘(W) $15,000,000 for Safe Flight 21, Alaska Research Program—capacity; (b).’’. Capstone; ‘‘(T) $5,000,000 for the Airport Cooperative (b) ADDITIONAL AUTHORIZATIONS OF APPRO- ‘‘(X) $8,907,000 for airports technology re- Research Program—environment; PRIATIONS FROM THE GENERAL FUND.—Sec- search—capacity; ‘‘(U) $5,000,000 for the Airport Cooperative tion 48114(a)(2) is amended by striking ‘‘2007’’ ‘‘(Y) $9,805,000 for airports technology re- Research Program—safety; and inserting ‘‘2011’’. search—safety; ‘‘(V) $3,416,000 for GPS civil requirements; (c) ESTIMATED LEVEL OF RECEIPTS PLUS IN- ‘‘(14) for fiscal year 2009, $481,554,000, in- ‘‘(W) $20,000,000 for Safe Flight 21, Alaska TEREST DEFINED.—Section 48114(b)(2) is cluding— Capstone; amended— ‘‘(A) $8,457,000 for fire research and safety; ‘‘(X) $8,907,000 for airports technology re- (1) in the paragraph heading by striking ‘‘(B) $4,050,000 for propulsion and fuel sys- search—capacity; ‘‘LEVEL’’ and inserting ‘‘ESTIMATED LEVEL’’; tems; ‘‘(Y) $9,805,000 for airports technology re- and ‘‘(C) $2,686,000 for advanced materials and search—safety; and (2) by striking ‘‘level of receipts plus inter- structural safety; ‘‘(16) for fiscal year 2011, $514,832,000, in- est’’ and inserting ‘‘estimated level of re- ‘‘(D) $3,568,000 for atmospheric hazards and cluding— ceipts plus interest’’. digital system safety; ‘‘(A) $8,815,000 for fire research and safety; (d) ENFORCEMENT OF GUARANTEES.—Section ‘‘(E) $14,683,000 for aging aircraft; ‘‘(B) $4,150,000 for propulsion and fuel sys- 48114(c)(2) is amended by striking ‘‘2007’’ and ‘‘(F) $2,158,000 for aircraft catastrophic fail- tems; inserting ‘‘2011’’. ure prevention research; ‘‘(C) $2,747,000 for advanced materials and Subtitle B—Passenger Facility Charges ‘‘(G) $37,499,000 for flightdeck maintenance, structural safety; SEC. 111. PFC AUTHORITY. system integration, and human factors; ‘‘(D) $3,687,000 for atmospheric hazards and (a) PFC DEFINED.—Section 40117(a)(5) is ‘‘(H) $8,349,000 for aviation safety risk anal- digital system safety; amended to read as follows: ysis; ‘‘(E) $14,903,000 for aging aircraft; ‘‘(5) PASSENGER FACILITY CHARGE.—The ‘‘(I) $15,323,000 for air traffic control, tech- ‘‘(F) $2,181,000 for aircraft catastrophic fail- term ‘passenger facility charge’ means a nical operations, and human factors; ure prevention research; charge or fee imposed under this section.’’. ‘‘(J) $6,932,000 for aeromedical research; ‘‘(G) $39,245,000 for flightdeck maintenance, (b) INCREASE IN PFC MAXIMUM LEVEL.— ‘‘(K) $22,336,000 for weather program; system integration and human factors; Section 40117(b)(4) is amended by striking ‘‘(L) $6,738,000 for unmanned aircraft sys- ‘‘(H) $8,446,000 for aviation safety risk anal- ‘‘$4.00 or $4.50’’ and inserting ‘‘$4.00, $4.50, tems research; ysis; $5.00, $6.00, or $7.00’’. ‘‘(M) $18,100,000 for the Next Generation Air ‘‘(I) $15,715,000 for air traffic control, tech- (c) PILOT PROGRAM FOR PFC AT NONHUB Transportation System Joint Planning and nical operations, and human factors; AIRPORTS.—Section 40117(l) is amended— Development Office; ‘‘(J) $7,390,000 for aeromedical research; (1) by striking paragraph (7); and ‘‘(N) $10,560,000 for wake turbulence; ‘‘(K) $23,638,000 for weather program; (2) by redesignating paragraph (8) as para- ‘‘(O) $35,039,000 for environment and en- ‘‘(L) $6,295,000 for unmanned aircraft sys- graph (7). ergy; tems research; (d) CORRECTION OF REFERENCES.— ‘‘(P) $1,847,000 for system planning and re- ‘‘(M) $18,100,000 for the Next Generation Air (1) SECTION 40117.—Section 40117 is amend- source management; Transportation System Joint Planning and ed— ‘‘(Q) $3,548,000 for the William J. Hughes Development Office; (A) in the section heading by striking Technical Center Laboratory Facility; ‘‘(N) $10,471,000 for wake turbulence; ‘‘fees’’ and inserting ‘‘charges’’; ‘‘(R) $85,000,000 for Center for Advanced ‘‘(O) $34,811,000 for environment and en- (B) in the heading for subsection (e) by Aviation System Development; ergy; striking ‘‘FEES’’ and inserting ‘‘CHARGES’’; ‘‘(S) $5,000,000 for the Airport Cooperative ‘‘(P) $1,836,000 for system planning and re- (C) in the heading for subsection (l) by Research Program—capacity; source management; striking ‘‘FEE’’ and inserting ‘‘CHARGE’’;

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.027 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10653 (D) in the heading for paragraph (5) of sub- of standard school construction and the cost (4) the potential effects on airport revenues section (l) by striking ‘‘FEE’’ and inserting of construction necessary to mitigate class- of requiring airports to charge different lev- ‘‘CHARGE’’; room noise to the standards of the Federal els of passenger facility charges on con- (E) in the heading for subsection (m) by Aviation Administration.’’. necting passengers and originating and des- striking ‘‘FEES’’ and inserting ‘‘CHARGES’’; SEC. 114. INTERMODAL GROUND ACCESS tination passengers; and (F) in the heading for paragraph (1) of sub- PROJECT PILOT PROGRAM. (5) the added costs to air carriers of col- section (m) by striking ‘‘FEES’’ and inserting Section 40117 is amended by adding at the lecting passenger facility charges under a ‘‘CHARGES’’; end the following: system in which different levels of passenger (G) by striking ‘‘fee’’ each place it appears ‘‘(n) PILOT PROGRAM FOR PFC ELIGIBILITY facility charges are imposed on connecting (other than the second sentence of sub- FOR INTERMODAL GROUND ACCESS PROJECTS.— passengers and originating and destination section (g)(4)) and inserting ‘‘charge’’; and ‘‘(1) PFC ELIGIBILITY.—Subject to the re- passengers. (H) by striking ‘‘fees’’ each place it appears quirements of this subsection, the Secretary (c) REPORT TO CONGRESS.— and inserting ‘‘charges’’. shall establish a pilot program under which (1) IN GENERAL.—Not later than one year (2) OTHER REFERENCES.—Subtitle VII is the Secretary may authorize, at no more after the date of initiation of the study, the amended by striking ‘‘fee’’ and inserting than 5 airports, a passenger facility charge Secretary shall submit to Congress a report ‘‘charge’’ each place it appears in each of the imposed under subsection (b)(1) or (b)(4) to on the results of the study. following sections: be used to finance the eligible cost of an (2) CONTENTS.—The report shall include— (A) Section 47106(f)(1). intermodal ground access project. (A) the findings of the Secretary on each of (B) Section 47110(e)(5). ‘‘(2) INTERMODAL GROUND ACCESS PROJECT the subjects listed in subsection (b); and (C) Section 47114(f). DEFINED.—In this section, the term ‘inter- (B) recommendations, if any, of the Sec- (D) Section 47134(g)(1). modal ground access project’ means a retary based on the results of the study for (E) Section 47139(b). project for constructing a local facility any changes to the passenger facility charge (F) Section 47524(e). owned or operated by an eligible agency that program, including recommendations as to is directly and substantially related to the (G) Section 47526(2). whether different levels of passenger facility movement of passengers or property trav- charges should be imposed on connecting SEC. 112. PFC ELIGIBILITY FOR BICYCLE STOR- eling in air transportation. passengers and originating and destination AGE. ‘‘(3) ELIGIBLE COSTS.— passengers. (a) IN GENERAL.—Section 40117(a)(3) is ‘‘(A) IN GENERAL.—For purposes of para- amended by adding at the end the following: Subtitle C—Fees for FAA Services graph (1), the eligible cost of an intermodal ‘‘(H) A project to construct secure bicycle SEC. 121. UPDATE ON OVERFLIGHTS. ground access project shall be the total cost storage facilities that are to be used by pas- (a) ESTABLISHMENT AND ADJUSTMENT OF of the project multiplied by the ratio that— sengers at the airport and that are in com- FEES.—Section 45301(b) is amended to read as ‘‘(i) the number of individuals projected to pliance with applicable security standards.’’. follows: use the project to gain access to or depart (b) REPORT TO CONGRESS.—Not later than ‘‘(b) ESTABLISHMENT AND ADJUSTMENT OF from the airport; bears to one year after the date of enactment of this FEES.— ‘‘(ii) the total number of the individuals Act, the Administrator of the Federal Avia- ‘‘(1) IN GENERAL.—In establishing and ad- projected to use the facility. tion Administration shall submit to Con- justing fees under subsection (a), the Admin- ‘‘(B) DETERMINATIONS REGARDING PRO- gress a report on the progress being made by istrator shall ensure that the fees are rea- JECTED PROJECT USE.— airports to install bicycle parking for airport sonably related to the Administration’s ‘‘(i) IN GENERAL.—Except as provided by customers and airport employees. costs, as determined by the Administrator, clause (ii), the Secretary shall determine the of providing the services rendered. Services SEC. 113. NOISE COMPATIBILITY PROJECTS. projected use of a project for purposes of sub- for which costs may be recovered include the Section 40117(b) is amended by adding at paragraph (A) at the time the project is ap- costs of air traffic control, navigation, the end the following: proved under this subsection. weather services, training, and emergency ‘‘(7) NOISE MITIGATION FOR CERTAIN ‘‘(ii) PUBLIC TRANSPORTATION PROJECTS.—In services which are available to facilitate safe SCHOOLS.— the case of a project approved under this sec- transportation over the United States and ‘‘(A) IN GENERAL.—In addition to the uses tion to be financed in part using funds ad- the costs of other services provided by the specified in paragraphs (1), (4), and (6), the ministered by the Federal Transit Adminis- Administrator, or by programs financed by Secretary may authorize a passenger facility tration, the Secretary shall use the travel the Administrator, to flights that neither charge imposed under paragraph (1) or (4) at forecasting model for the project at the time take off nor land in the United States. The a large hub airport that is the subject of an such project is approved by the Federal determination of such costs by the Adminis- amended judgment and final order in con- Transit Administration to enter preliminary trator, and the allocation of such costs by demnation filed on January 7, 1980, by the engineering to determine the projected use the Administrator to services provided, are Superior Court of the State of California for of the project for purposes of subparagraph not subject to judicial review. the county of Los Angeles, to be used for a (A).’’. ‘‘(2) ADJUSTMENT OF FEES.—The Adminis- project to carry out noise mitigation for a SEC. 115. IMPACTS ON AIRPORTS OF ACCOMMO- trator shall adjust the overflight fees estab- building, or for the replacement of a DATING CONNECTING PASSENGERS. lished by subsection (a)(1) by expedited rule- relocatable building with a permanent build- (a) STUDY.—Not later than 90 days after making and begin collections under the ad- ing, in the noise impacted area surrounding the date of enactment of this Act, the Sec- justed fees by October 1, 2008. In developing the airport at which such building is used retary of Transportation shall initiate a the adjusted overflight fees, the Adminis- primarily for educational purposes, notwith- study to evaluate— trator may seek and consider the rec- standing the air easement granted or any (1) the impacts on airports of accommo- ommendations offered by an aviation rule- terms to the contrary in such judgment and dating connecting passengers; and making committee for overflight fees that final order, if— (2) the treatment of airports at which the are provided to the Administrator by June 1, ‘‘(i) the Secretary determines that the majority of passengers are connecting pas- 2008, and are intended to ensure that over- building is adversely affected by airport sengers under the passenger facility charge flight fees are reasonably related to the Ad- noise; program authorized by section 40117 of title ministrator’s costs of providing air traffic ‘‘(ii) the building is owned or chartered by 49, United States Code. control and related services to overflights. the school district that was the plaintiff in (b) CONTENTS OF STUDY.—In conducting the ‘‘(3) AIRCRAFT ALTITUDE.—Nothing in this case number 986,442 or 986,446, which was re- study, the Secretary shall review, at a min- section shall require the Administrator to solved by such judgment and final order; imum, the following: take into account aircraft altitude in estab- ‘‘(iii) the project is for a school identified (1) the differences in facility needs, and the lishing any fee for aircraft operations in en in one of the settlement agreements effec- costs for constructing, maintaining, and op- route or oceanic airspace. tive February 16, 2005, between the airport erating those facilities, for airports at which ‘‘(4) COSTS DEFINED.—In this subsection, and each of the school districts; the majority of passengers are connecting the term ‘costs’ includes those costs associ- ‘‘(iv) in the case of a project to replace a passengers as compared to airports at which ated with the operation, maintenance, leas- relocatable building with a permanent build- the majority of passengers are originating ing costs, and overhead expenses of the serv- ing, the eligible project costs are limited to and destination passengers; ices provided and the facilities and equip- the actual structural construction costs nec- (2) whether the costs to an airport of ac- ment used in such services, including the essary to mitigate aircraft noise in instruc- commodating additional connecting pas- projected costs for the period during which tional classrooms to an interior noise level sengers differs from the cost of accommo- the services will be provided. meeting current standards of the Federal dating additional originating and destina- ‘‘(5) PUBLICATION; COMMENT.—The Adminis- Aviation Administration; and tion passengers; trator shall publish in the Federal Register ‘‘(v) the project otherwise meets the re- (3) for each airport charging a passenger any fee schedule under this section, includ- quirements of this section for authorization facility charge, the percentage of passenger ing any adjusted overflight fee schedule, and of a passenger facility charge. facility charge revenue attributable to con- the associated collection process as an in- ‘‘(B) ELIGIBLE PROJECT COSTS.—In subpara- necting passengers and the percentage of terim final rule, pursuant to which public graph (A)(iv), the term ‘eligible project such revenue attributable to originating and comment will be sought and a final rule costs’ means the difference between the cost destination passengers; issued.’’.

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.027 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN H10654 CONGRESSIONAL RECORD — HOUSE September 20, 2007

(b) ADJUSTMENTS.—Section 45301 is amend- Subtitle D—AIP Modifications (2) ELIGIBLE PROJECTS.—Section 47107(c) is ed by adding at the end the following: SEC. 131. AMENDMENTS TO AIP DEFINITIONS. amended by adding at the end the following: ‘‘(e) ADJUSTMENTS.—In addition to adjust- (a) AIRPORT DEVELOPMENT.—Section ‘‘(4) PRIORITIES FOR REINVESTMENT.—In ap- ments under subsection (b), the Adminis- 47102(3) is amended— proving the reinvestment or transfer of pro- trator may periodically adjust the fees es- (1) in subparagraph (B)(iv) by striking ‘‘20’’ ceeds under subsection (c)(2)(A)(iii), the Sec- tablished under this section.’’. and inserting ‘‘9’’; and retary shall give preference, in descending (2) by adding at the end the following: order, to the following actions: SEC. 122. REGISTRATION FEES. ‘‘(M) construction of mobile refueler park- ‘‘(A) Reinvestment in an approved noise (a) IN GENERAL.—Chapter 453 is amended ing within a fuel farm at a nonprimary air- compatibility project. by adding at the end the following: port meeting the requirements of section ‘‘(B) Reinvestment in an approved project that is eligible for funding under section ‘‘§ 45305. Registration, certification, and re- 112.8 of title 40, Code of Federal Regulations. 47117(e). lated fees ‘‘(N) terminal development under section 47119(a). ‘‘(C) Reinvestment in an approved airport ‘‘(a) GENERAL AUTHORITY AND FEES.—The ‘‘(O) acquiring and installing facilities and development project that is eligible for fund- Administrator of the Federal Aviation Ad- equipment to provide air conditioning, heat- ing under sections 47114, 47115, or 47117. ministration shall establish the following ing, or electric power from terminal-based, ‘‘(D) Transfer to a sponsor of another pub- fees for services and activities of the Admin- non-exclusive use facilities to aircraft lic airport to be reinvested in an approved istration: parked at a public use airport for the pur- noise compatibility project at such airport. ‘‘(1) $130 for registering an aircraft. pose of reducing energy use or harmful emis- ‘‘(E) Payment to the Secretary for deposit ‘‘(2) $45 for replacing an aircraft registra- sions as compared to the provision of such in the Airport and Airway Trust Fund.’’. tion. air conditioning, heating, or electric power (c) CLERICAL AMENDMENT.—Section ‘‘(3) $130 for issuing an original dealer’s air- from aircraft-based systems.’’. 47107(c)(2)(B)(iii) is amended by striking ‘‘the craft certificate. (b) AIRPORT PLANNING.—Section 47102(5) is Fund’’ and inserting ‘‘the Airport and Air- ‘‘(4) $105 for issuing an aircraft certificate amended by inserting before the period at way Trust Fund established under section (other than an original dealer’s aircraft cer- the end the following: ‘‘and developing an en- 9502 of the Internal Revenue Code of 1986 (26 tificate). vironmental management system’’. U.S.C. 9502)’’. ‘‘(5) $80 for issuing a special registration (c) GENERAL AVIATION AIRPORT.—Section SEC. 133. GOVERNMENT SHARE OF PROJECT number. 47102 is amended— COSTS. ‘‘(6) $50 for issuing a renewal of a special (1) by redesignating paragraphs (23) Section 47109 is amended— registration number. through (25) as paragraphs (25) through (27), (1) in subsection (a) by striking ‘‘provided ‘‘(7) $130 for recording a security interest respectively; in subsection (b) or subsection (c) of this sec- in an aircraft or aircraft part. (2) by redesignating paragraphs (8) through tion’’ and inserting ‘‘otherwise specifically ‘‘(8) $50 for issuing an airman certificate. (22) as paragraphs (9) through (23), respec- provided in this section’’; and ‘‘(9) $25 for issuing a replacement airman tively; and (2) by adding at the end the following: ‘‘(e) SPECIAL RULE FOR TRANSITION FROM certificate. (3) by inserting after paragraph (7) the fol- SMALL HUB TO MEDIUM HUB STATUS.—If the ‘‘(10) $42 for issuing an airman medical cer- lowing: status of a small hub airport changes to a tificate. ‘‘(8) ‘general aviation airport’ means a pub- medium hub airport, the Government’s share ‘‘(11) $100 for providing a legal opinion per- lic airport that is located in a State and of allowable project costs for the airport taining to aircraft registration or recorda- that, as determined by the Secretary— may not exceed 90 percent for the first 2 fis- tion. ‘‘(A) does not have scheduled service; or ‘‘(B) has scheduled service with less that cal years following such change in hub sta- ‘‘(b) FEES CREDITED AS OFFSETTING COLLEC- 2,500 passenger boardings each year.’’. tus. TIONS.— (d) REVENUE PRODUCING AERONAUTICAL ‘‘(f) SPECIAL RULE FOR ECONOMICALLY DE- ‘‘(1) IN GENERAL.—Notwithstanding section SUPPORT FACILITIES.—Section 47102 is PRESSED COMMUNITIES.—The Government’s 3302 of title 31, any fee authorized to be col- amended by inserting after paragraph (23) (as share of allowable project costs shall be 95 lected under this section shall, subject to ap- redesignated by subsection (c)(2) of this sec- percent for a project at an airport that— propriation made in advance— tion) the following: ‘‘(1) is receiving subsidized air service ‘‘(A) be credited as offsetting collections to ‘‘(24) ‘revenue producing aeronautical sup- under subchapter II of chapter 417; and the account that finances the activities and port facilities’ means fuel farms, hangar ‘‘(2) is located in an area that meets one or services for which the fee is imposed; buildings, self-service credit card aero- more of the criteria established in section ‘‘(B) be available for expenditure only to nautical fueling systems, airplane wash 301(a) of the Public Works and Economic De- pay the costs of activities and services for racks, major rehabilitation of a hangar velopment Act of 1965 (42 U.S.C. 3161(a)), as which the fee is imposed; and owned by a sponsor, or other aeronautical determined by the Secretary of Commerce.’’. ‘‘(C) remain available until expended. support facilities that the Secretary deter- SEC. 134. AMENDMENTS TO ALLOWABLE COSTS. ‘‘(2) CONTINUING APPROPRIATIONS.—The Ad- mines will increase the revenue producing (a) ALLOWABLE PROJECT COSTS.—Section ministrator may continue to assess, collect, ability of the airport.’’. 47110(b)(2) is amended— and spend fees established under this section (e) TERMINAL DEVELOPMENT.—Section 47102 (1) by striking ‘‘or’’ at the end of subpara- during any period in which the funding for is further amended by adding at the end the graph (C); the Federal Aviation Administration is pro- following: (2) by striking the semicolon at the end of vided under an Act providing continuing ap- ‘‘(28) ‘terminal development’ means— subparagraph (D) and inserting ‘‘; or’’; and propriations in lieu of the Administration’s ‘‘(A) development of— (3) by adding at the end the following: regular appropriations. ‘‘(i) an airport passenger terminal building, ‘‘(E) if the cost is for airport development ‘‘(3) ADJUSTMENTS.—The Administrator including terminal gates; and is incurred before execution of the grant shall periodically adjust the fees established ‘‘(ii) access roads servicing exclusively air- agreement, but in the same fiscal year as by subsection (a) when cost data from the port traffic that leads directly to or from an execution of the grant agreement, and if— cost accounting system developed pursuant airport passenger terminal building; and ‘‘(i) the cost was incurred before execution to section 45303(e) reveal that the cost of pro- ‘‘(iii) walkways that lead directly to or of the grant agreement due to the short con- viding the service is higher or lower than the from an airport passenger terminal building; struction season in the vicinity of the air- cost data that were used to establish the fee and port; then in effect.’’. ‘‘(B) the cost of a vehicle described in sec- ‘‘(ii) the cost is in accordance with an air- (b) CLERICAL AMENDMENT.—The analysis tion 47119(a)(1)(B).’’. port layout plan approved by the Secretary for chapter 453 is amended by adding at the SEC. 132. AMENDMENTS TO GRANT ASSURANCES. and with all statutory and administrative re- end the following: (a) GENERAL WRITTEN ASSURANCES.—Sec- quirements that would have been applicable tion 47107(a)(16)(D)(ii) is amended by insert- to the project if the project had been carried ‘‘45305. Registration, certification, and re- ing before the semicolon at the end the fol- out after execution of the grant agreement; lated fees.’’. lowing: ‘‘, except in the case of a relocation ‘‘(iii) the sponsor notifies the Secretary be- (c) FEES INVOLVING AIRCRAFT NOT PRO- or replacement of an existing airport facility fore authorizing work to commence on the VIDING AIR TRANSPORTATION.—Section that meets the conditions of section project; and 45302(e) is amended— 47110(d)’’. ‘‘(iv) the sponsor’s decision to proceed with (1) by striking ‘‘A fee’’ and inserting the (b) WRITTEN ASSURANCES ON ACQUIRING the project in advance of execution of the following: LAND.— grant agreement does not affect the priority ‘‘(1) IN GENERAL.—A fee’’; and (1) USE OF PROCEEDS.—Section assigned to the project by the Secretary for (2) by adding at the end the following: 47107(c)(2)(A)(iii) is amended by striking the allocation of discretionary funds;’’. ‘‘(2) EFFECT OF IMPOSITION OF OTHER FEES.— ‘‘paid to the Secretary’’ and all that follows (b) RELOCATION OF AIRPORT-OWNED FACILI- A fee may not be imposed for a service or ac- before the semicolon and inserting ‘‘rein- TIES.—Section 47110(d) is amended to read as tivity under this section during any period vested in another project at the airport or follows: in which a fee for the same service or activ- transferred to another airport as the Sec- ‘‘(d) RELOCATION OF AIRPORT-OWNED FACILI- ity is imposed under section 45305.’’. retary prescribes under paragraph (4)’’. TIES.—The Secretary may determine that

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.027 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10655 the costs of relocating or replacing an air- (1) in paragraph (2)— (2) by adding at the end the following: port-owned facility are allowable for an air- (A) by striking ‘‘Except as provided in ‘‘(2) SALE OF PRIVATE AIRPORT TO PUBLIC port development project at an airport only paragraph (3), the Secretary’’ and inserting SPONSOR.—In the case of a privately owned if— ‘‘The Secretary’’; and airport, subsection (a) shall not apply to the ‘‘(1) the Government’s share of such costs (B) by striking ‘‘18.5 percent’’ and inserting proceeds from the sale of the airport to a will be paid with funds apportioned to the ‘‘10 percent’’; and public sponsor if— airport sponsor under section 47114(c)(1) or (2) by striking paragraph (3) and inserting ‘‘(A) the sale is approved by the Secretary; 47114(d); the following: ‘‘(B) funding is provided under this subtitle ‘‘(2) the Secretary determines that the re- ‘‘(3) ADDITIONAL AMOUNT.— for any portion of the public sponsor’s acqui- location or replacement is required due to a ‘‘(A) IN GENERAL.—In addition to amounts sition of airport land; and change in the Secretary’s design standards; apportioned under paragraph (2) and subject ‘‘(C) an amount equal to the remaining and to subparagraph (B), the Secretary shall ap- unamortized portion of any airport improve- ‘‘(3) the Secretary determines that the portion to each airport, excluding primary ment grant made to that airport for purposes change is beyond the control of the airport airports but including reliever and nonpri- other than land acquisition, amortized over sponsor.’’. mary commercial service airports, in States a 20-year period, plus an amount equal to the (c) NONPRIMARY AIRPORTS.—Section the lesser of— Federal share of the current fair market 47110(h) is amended— ‘‘(i) $150,000; or value of any land acquired with an airport (1) by inserting ‘‘construction of’’ before ‘‘(ii) 1/5 of the most recently published esti- improvement grant made to that airport, is ‘‘revenue producing’’; and mate of the 5-year costs for airport improve- repaid to the Secretary by the private owner. (2) by striking ‘‘, including fuel farms and ment for the airport, as listed in the na- ‘‘(3) TREATMENT OF REPAYMENTS.—Repay- hangars,’’. tional plan of integrated airport systems de- ments referred to in paragraph (2)(C) shall be SEC. 135. UNIFORM CERTIFICATION TRAINING veloped by the Federal Aviation Administra- treated as a recovery of prior year obliga- FOR AIRPORT CONCESSIONS UNDER tion under section 47103. tions.’’. DISADVANTAGED BUSINESS ENTER- PPLICABILITY TO RANTS PRISE PROGRAM. ‘‘(B) REDUCTION.—In any fiscal year in (b) A G .—The amend- ments made by subsection (a) shall apply to (a) IN GENERAL.—Section 47107(e) is amend- which the total amount made available for ed— apportionment under paragraph (2) is less grants issued on or after October 1, 1996. (1) by redesignating paragraph (8) as para- than $300,000,000, the Secretary shall reduce, SEC. 143. AIRPORT PRIVATIZATION PILOT PRO- graph (9); and on a prorated basis, the amount to be appor- GRAM. (a) APPROVAL REQUIREMENTS.—Section (2) by inserting after paragraph (7) the fol- tioned under subparagraph (A) and make 47134 is amended in subsections (b)(1)(A)(i), lowing: such reduction available to be apportioned (b)(1)(A)(ii), (c)(4)(A), and (c)(4)(B) by strik- ‘‘(8) MANDATORY TRAINING PROGRAM FOR under paragraph (2), so as to apportion under ing ‘‘65 percent’’ each place it appears and AIRPORT CONCESSIONS.— paragraph (2) a minimum of $300,000,000.’’. inserting ‘‘75 percent’’. ‘‘(A) IN GENERAL.—Not later than one year SEC. 138. REDUCING APPORTIONMENTS. (b) PROHIBITION ON RECEIPT OF FUNDS.— after the date of enactment of the FAA Re- Section 47114(f)(1) is amended— (1) SECTION 47134.—Section 47134 is amended authorization Act of 2007, the Secretary shall (1) by striking ‘‘and’’ at the end of subpara- by adding at the end the following: establish a mandatory training program for graph (A); ‘‘(n) PROHIBITION ON RECEIPT OF CERTAIN persons described in subparagraph (C) on the (2) in subparagraph (B)— FUNDS.—An airport receiving an exemption certification of whether a small business (A) by inserting ‘‘except as provided by under subsection (b) shall be prohibited from concern in airport concessions qualifies as a subparagraph (C),’’ before ‘‘in the case’’; and receiving apportionments under section 47114 small business concern owned and controlled (B) by striking the period at the end and or discretionary funds under section 47115.’’. by a socially and economically disadvan- inserting ‘‘; and’’; and (2) CONFORMING AMENDMENTS.—Section taged individual for purposes of paragraph (3) by adding at the end the following: 47134(g) is amended— (1). ‘‘(C) in the case of a charge of more than (A) in the subsection heading by striking ‘‘(B) IMPLEMENTATION.—The training pro- $4.50 imposed by the sponsor of an airport en- ‘‘APPORTIONMENTS;’’; gram may be implemented by one or more planing at least one percent of the total (B) in paragraph (1) by striking the semi- private entities approved by the Secretary. number of boardings each year in the United colon at the end and inserting ‘‘; or’’; ‘‘(C) PARTICIPANTS.—A person referred to States, 100 percent of the projected revenues (C) by striking paragraph (2); and in paragraph (1) is an official or agent of an from the charge in the fiscal year but not (D) by redesignating paragraph (3) as para- airport owner or operator who is required to more than 100 percent of the amount that graph (2). provide a written assurance under paragraph otherwise would be apportioned under this (c) FEDERAL SHARE OF PROJECT COSTS.— (1) that the airport owner or operator will section.’’. Section 47109(a) is amended— meet the percentage goal of paragraph (1) or SEC. 139. MINIMUM AMOUNT FOR DISCRE- (1) by striking the semicolon at the end of who is responsible for determining whether TIONARY FUND. paragraph (3) and inserting ‘‘; and’’; or not a small business concern in airport Section 47115(g)(1) is amended by striking (2) by striking paragraph (4); and concessions qualifies as a small business con- ‘‘sum of—’’ and all that follows through the (3) by redesignating paragraph (5) as para- cern owned and controlled by a socially and period at the end of subparagraph (B) and in- graph (4). economically disadvantaged individual for serting ‘‘sum of $520,000,000.’’. SEC. 144. AIRPORT SECURITY PROGRAM. purposes of paragraph (1). SEC. 140. MARSHALL ISLANDS, MICRONESIA, AND Section 47137(g) is amended by striking ‘‘(D) AUTHORIZATION OF APPROPRIATIONS.— PALAU. ‘‘$5,000,000’’ and inserting ‘‘$8,500,000’’. There are authorized to be appropriated such Section 47115(j) is amended by striking SEC. 145. SUNSET OF PILOT PROGRAM FOR PUR- sums as may be necessary to carry out this ‘‘fiscal years 2004 through 2007’’ and inserting CHASE OF AIRPORT DEVELOPMENT paragraph.’’. ‘‘fiscal years 2008 through 2011’’. RIGHTS. (b) REPORT.—Not later than 24 months SEC. 141. USE OF APPORTIONED AMOUNTS. Section 47138 is amended by adding at the after the date of enactment of this Act, the Section 47117(e)(1)(A) is amended— end the following: Secretary shall submit to the Committee on (1) in the first sentence— ‘‘(f) SUNSET.—This section shall not be in Transportation and Infrastructure of the (A) by striking ‘‘35 percent’’ and inserting effect after September 30, 2007.’’. House of Representatives, the Committee on ‘‘$300,000,000’’; SEC. 146. EXTENSION OF GRANT AUTHORITY FOR Commerce, Science, and Transportation of (B) by striking ‘‘and’’ after ‘‘47141,’’; and COMPATIBLE LAND USE PLANNING AND PROJECTS BY STATE AND the Senate, and other appropriate commit- (C) by inserting before the period at the tees of Congress a report on the results of LOCAL GOVERNMENTS. end the following: ‘‘, and for water quality Section 47141(f) is amended by striking the training program conducted under the mitigation projects to comply with the Fed- amendment made by subsection (a). ‘‘September 30, 2007’’ and inserting ‘‘Sep- eral Water Pollution Control Act (33 U.S.C. tember 30, 2011’’. SEC. 136. PREFERENCE FOR SMALL BUSINESS 1251 et. seq.) as approved in an environ- CONCERNS OWNED AND CON- SEC. 147. REPEAL OF LIMITATIONS ON METRO- TROLLED BY DISABLED VETERANS. mental record of decision for an airport de- POLITAN WASHINGTON AIRPORTS Section 47112(c) is amended by adding at velopment project under this title’’; and AUTHORITY. the end the following: (2) in the second sentence by striking Section 49108, and the item relating to ‘‘(3) A contract involving labor for car- ‘‘such 35 percent requirement is’’ and insert- such section in the analysis for chapter 491, rying out an airport development project ing ‘‘the requirements of the preceding sen- are repealed. under a grant agreement under this sub- tence are’’. SEC. 148. MIDWAY ISLAND AIRPORT. chapter must require that a preference be SEC. 142. SALE OF PRIVATE AIRPORT TO PUBLIC Section 186(d) of the Vision 100—Century of given to the use of small business concerns SPONSOR. Aviation Reauthorization Act (117 Stat. 2518) (as defined in section 3 of the Small Business (a) IN GENERAL.—Section 47133(b) is amend- is amended by striking ‘‘October 1, 2007’’ and Act (15 U.S.C. 1632)) owned and controlled by ed— inserting ‘‘October 1, 2011’’. disabled veterans.’’. (1) by striking ‘‘Subsection (a) shall not SEC. 149. MISCELLANEOUS AMENDMENTS. SEC. 137. CALCULATION OF STATE APPORTION- apply if’’ and inserting the following: (a) TECHNICAL CHANGES TO NATIONAL PLAN MENT FUND. ‘‘(1) PRIOR LAWS AND AGREEMENTS.—Sub- OF INTEGRATED AIRPORT SYSTEMS.—Section Section 47114(d) is amended— section (a) shall not apply if’’; and 47103 is amended—

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.027 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN H10656 CONGRESSIONAL RECORD — HOUSE September 20, 2007 (1) in subsection (a)— than .05 percent of the total annual pas- omy, vital in supporting the quality of life of (A) by striking ‘‘each airport to—’’ and in- senger boardings in the United States; and the people of the United States, and critical serting ‘‘the airport system to—’’; ‘‘(B) the sponsor certifies that any needed in support of the Nation’s defense and na- (B) in paragraph (1) by striking ‘‘system in airport development project affecting safety, tional security, is growing at an ever in- the particular area;’’ and inserting ‘‘system, security, or capacity will not be deferred be- creasing rate. At the same time, the ability including connection to the surface transpor- cause of the Secretary’s approval.’’; of the United States air transportation sys- tation network; and’’; (3) in paragraphs (3) and (4)(A) of sub- tem to expand and change to meet this in- (C) in paragraph (2) by striking ‘‘; and’’ and section (b) (as redesignated by paragraph (1) creasing demand is limited. inserting a period; and of this subsection) by striking ‘‘section (3) The aviation industry accounts for (D) by striking paragraph (3); 47110(d)’’ and inserting ‘‘subsection (a)’’; and more than 10,000,000 jobs in the United States (2) in subsection (b)— (4) in paragraph (5) of subsection (b) (as re- and contributes approximately (A) in paragraph (1) by striking the semi- designated by paragraph (1) of this sub- $900,000,000,000 annually to the United States colon and inserting ‘‘; and’’; section) by striking ‘‘subsection (b)(1) and gross domestic product. (B) by striking paragraph (2) and redesig- (2)’’ and inserting ‘‘subsections (c)(1) and (4) The United States air transportation nating paragraph (3) as paragraph (2); and (c)(2)’’; system continues to drive economic growth (C) in paragraph (2) (as so redesignated) by (5) in paragraphs (2)(A), (3), and (4) of sub- in the United States and will continue to be striking ‘‘, Short Takeoff and Landing/Very section (c) (as redesignated by paragraph (1) a major economic driver as air traffic triples Short Takeoff and Landing aircraft oper- of this subsection) by striking ‘‘section over the next 20 years. ations,’’; and 47110(d) of this title’’ and inserting ‘‘sub- (5) The Next Generation Air Transpor- (3) in subsection (d) by striking ‘‘status of section (a)’’; tation System (in this section referred to as the’’. (6) in paragraph (2)(B) of subsection (c) (as the ‘‘NextGen System’’) is the system for (b) UPDATE VETERANS PREFERENCE DEFINI- redesignated by paragraph (1) of this sub- achieving long-term transformation of the TION.—Section 47112(c) is amended— section) by striking ‘‘section 47110(d)’’ and United States air transportation system that (1) in paragraph (1)— inserting ‘‘subsection (a)’’; focuses on developing and implementing new (A) in subparagraph (B) by striking ‘‘sepa- (7) in subsection (c)(5) (as redesignated by technologies and that will set the stage for rated from’’ and inserting ‘‘discharged or re- paragraph (1) of this subsection) by striking the long-term development of a scalable and leased from active duty in’’; and ‘‘section 47110(d)’’ and inserting ‘‘subsection more flexible air transportation system (B) by adding at the end the following: (a)’’; and without compromising the unprecedented ‘‘(C) ‘Afghanistan-Iraq war veteran’ means (8) by adding at the end the following: safety record of United States aviation. (6) The benefits of the NextGen System, in an individual who served on active duty (as ‘‘(f) LIMITATION ON DISCRETIONARY FUNDS.— terms of promoting economic growth and de- defined by section 101 of title 38) in the The Secretary may distribute not more than velopment, are enormous. armed forces for a period of more than 180 $20,000,000 from the discretionary fund estab- (7) The NextGen System will guide the consecutive days, any part of which occurred lished under section 47115 for terminal devel- path of the United States air transportation during the period beginning on September 11, opment projects at a nonhub airport or a system in the challenging years ahead. 2001, and ending on the date prescribed by small hub airport that is eligible to receive (b) SENSE OF CONGRESS.—It is the sense of presidential proclamation or by law as the discretionary funds under section 47108(e)(3).’’. Congress that— last date of Operation Iraqi Freedom, and (1) modernizing the air transportation sys- who was separated from the armed forces (d) ANNUAL REPORT.—Section 47131(a) is amended— tem is a national priority and the United under honorable conditions.’’; and States must make a commitment to revital- (2) in paragraph (2) by striking ‘‘veterans (1) by striking ‘‘April 1’’ and inserting ‘‘June 1’’; and izing this essential component of the Na- and’’ and inserting ‘‘veterans, Afghanistan- tion’s transportation infrastructure; Iraq war veterans, and’’. (2) by striking paragraphs (1), (2), (3), and (4) and inserting the following: (2) one fundamental requirement for the (c) CONSOLIDATION OF TERMINAL DEVELOP- ‘‘(1) a summary of airport development and success of the NextGen System is strong MENT PROVISIONS.—Section 47119 is amend- planning completed; leadership and sufficient resources; ed— ‘‘(2) a summary of individual grants issued; (3) the Joint Planning and Development (1) by redesignating subsections (a), (b), (c) ‘‘(3) an accounting of discretionary and ap- Office of the Federal Aviation Administra- and (d) as subsections (b), (c), (d) and (e), re- portioned funds allocated; tion and the Next Generation Air Transpor- spectively; and ‘‘(4) the allocation of appropriations; and’’. tation System Senior Policy Committee, (2) by inserting before subsection (b) (as so (e) CORRECTION TO EMISSION CREDITS PROVI- each established by Congress in 2003, will redesignated) the following: SION.—Section 47139 is amended— lead and facilitate this important national ‘‘(a) TERMINAL DEVELOPMENT PROJECTS.— (1) in subsection (a) by striking mission to ensure that the programs and ca- ‘‘(1) IN GENERAL.—The Secretary may ap- ‘‘47102(3)(F),’’; and pabilities of the NextGen System are care- prove a project for terminal development (in- (2) in subsection (b)— fully integrated and aligned; cluding multimodal terminal development) (A) by striking ‘‘47102(3)(F),’’; and (4) Government agencies and industry in a nonrevenue-producing public-use area of (B) by striking ‘‘47103(3)(F),’’. must work together, carefully integrating a commercial service airport— (f) CONFORMING AMENDMENT TO CIVIL PEN- and aligning their work to meet the needs of ‘‘(A) if the sponsor certifies that the air- ALTY ASSESSMENT AUTHORITY.—Section the NextGen System in the development of port, on the date the grant application is 46301(d)(2) is amended by inserting ‘‘46319,’’ budgets, programs, planning, and research; submitted to the Secretary, has— after ‘‘46318,’’. (5) the Department of Transportation, the ‘‘(i) all the safety equipment required for (g) OTHER CONFORMING AMENDMENTS.—Sec- Federal Aviation Administration, the De- certification of the airport under section tions 40117(a)(3)(B) and 47108(e)(3) are each partment of Defense, the Department of 44706; amended by striking ‘‘section 47110(d)’’ each Homeland Security, the Department of Com- ‘‘(ii) all the security equipment required by place it appears and inserting ‘‘section merce, and the National Aeronautics and regulation; and 47119(a)’’. Space Administration must work in coopera- ‘‘(iii) provided for access by passengers to (h) CORRECTION TO SURPLUS PROPERTY AU- tion and make transformational improve- the area of the airport for boarding or THORITY.—Section 47151(e) is amended by ments to the United States air transpor- exiting aircraft that are not air carrier air- striking ‘‘(other than real property’’ and all tation infrastructure a priority; and craft; that follows through ‘‘(10 U.S.C. 2687 note))’’. (6) due to the critical importance of the ‘‘(B) if the cost is directly related to mov- (i) AIRPORT CAPACITY BENCHMARK RE- NextGen System to the economic and na- ing passengers and baggage in air commerce PORTS.—Section 47175(2) is amended by strik- tional security of the United States, partner within the airport, including vehicles for ing ‘‘Airport Capacity Benchmark Report departments and agencies must be provided moving passengers between terminal facili- 2001’’ and inserting ‘‘2001 and 2004 Airport Ca- with the resources required to complete the ties and between terminal facilities and air- pacity Benchmark Reports or table 1 of the implementation of the NextGen System. Federal Aviation Administration’s most re- craft; and SEC. 202. NEXT GENERATION AIR TRANSPOR- ‘‘(C) under terms necessary to protect the cent airport capacity benchmark report’’. TATION SYSTEM JOINT PLANNING interests of the Government. TITLE II—NEXT GENERATION AIR TRANS- AND DEVELOPMENT OFFICE. ‘‘(2) PROJECT IN REVENUE-PRODUCING AREAS PORTATION SYSTEM AND AIR TRAFFIC (a) ESTABLISHMENT.— AND NONREVENUE-PRODUCING PARKING LOTS.— CONTROL MODERNIZATION (1) ASSOCIATE ADMINISTRATOR FOR THE NEXT In making a decision under paragraph (1), SEC. 201. MISSION STATEMENT; SENSE OF CON- GENERATION AIR TRANSPORTATION SYSTEM.— the Secretary may approve as allowable GRESS. Section 709(a) of Vision 100—Century of Avia- costs the expenses of terminal development (a) FINDINGS.—Congress finds the fol- tion Reauthorization Act (49 U.S.C. 40101 in a revenue-producing area and construc- lowing: note; 117 Stat. 2582) is amended— tion, reconstruction, repair, and improve- (1) The United States faces a great na- (A) by redesignating paragraphs (2), (3), ment in a nonrevenue-producing parking lot tional challenge as the Nation’s aviation in- and (4) as paragraphs (3), (4), and (5), respec- if— frastructure is at a crossroads. tively; and ‘‘(A) except as provided in section (2) The demand for aviation services, a (B) by inserting after paragraph (1) the fol- 47108(e)(3), the airport does not have more critical element of the United States econ- lowing:

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.028 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10657 ‘‘(2) The director of the Office shall be the Transportation System is reflected in the of- requirements, rulemakings, policy decisions, Associate Administrator for the Next Gen- ficial’s annual performance evaluations and and other milestones of progress for each eration Air Transportation System, who compensation. Federal agency or entity conducting activi- shall be appointed by the Administrator of ‘‘(D) The head of a Federal agency referred ties relating to the Next Generation Air the Federal Aviation Administration. The to in subparagraph (B) shall— Transportation System; Associate Administrator shall report to the ‘‘(i) establish or designate an office within ‘‘(C) for each element of the Next Genera- Administrator.’’. the agency to carry out its responsibilities tion Air Transportation System, an outline, (2) RESPONSIBILITIES.—Section 709(a)(3) of under the memorandum of understanding on a year-by-year basis, of what is to be ac- such Act (as redesignated by paragraph (1) of under the supervision of the designated offi- complished in that year toward meeting the this subsection) is amended— cial; and Next Generation Air Transportation Sys- (A) in subparagraph (G) by striking ‘‘; and’’ ‘‘(ii) ensure that the designated official has tem’s end-state architecture, as expressed in and inserting a semicolon; sufficient budgetary authority and staff re- the concept of operations and enterprise ar- (B) in subparagraph (H) by striking the pe- sources to carry out the agency’s Next Gen- chitecture documents, as well as identifying riod at the end and inserting ‘‘; and’’; and eration Air Transportation System respon- each Federal agency or other entity that will (C) by adding at the end the following: sibilities as set forth in the integrated plan be responsible for each component of any re- ‘‘(I) establishing specific quantitative under subsection (b). search, development, or implementation pro- goals for the safety, capacity, efficiency, per- ‘‘(E) Not later than 6 months after the date gram; formance, and environmental impacts of of enactment of this subparagraph, the head ‘‘(D) an estimate of all necessary expendi- each phase of Next Generation Air Transpor- of each Federal agency that has responsi- tures on a year-by-year basis, including a tation System implementation activities bility for carrying out any activity under statement of each Federal agency or entity’s and measuring actual operational experience the integrated plan under subsection (b) responsibility for costs and available re- against those goals, taking into account shall execute a memorandum of under- sources, for each stage of development from noise pollution reduction concerns of af- standing with the Office obligating that the basic research stage through the dem- fected communities to the greatest extent agency to carry out the activity.’’. onstration and implementation phase; practicable in establishing the environ- (4) COORDINATION WITH OMB.—Section 709(a) ‘‘(E) a clear explanation of how each step mental goals; of such Act (117 Stat. 2582) is further amend- in the development of the Next Generation ‘‘(J) working to ensure global interoper- ed by adding at the end the following: Air Transportation System will lead to the ability of the Next Generation Air Transpor- ‘‘(6)(A) The Office shall work with the Di- following step and of the implications of not tation System; rector of the Office of Management and successfully completing a step in the time ‘‘(K) working to ensure the use of weather Budget to develop a process whereby the Di- period described in the integrated work plan; rector will identify projects related to the information and space weather information ‘‘(F) a transition plan for the implementa- Next Generation Air Transportation System in the Next Generation Air Transportation tion of the Next Generation Air Transpor- across the agencies referred to in paragraph System as soon as possible; tation System that includes date-specific (4)(A) and consider the Next Generation Air ‘‘(L) overseeing, with the Administrator of milestones for the implementation of new Transportation System as a unified, cross- the Federal Aviation Administration, the se- capabilities into the national airspace sys- agency program. lection of products or outcomes of research tem; and ‘‘(B) The Director, to the maximum extent and development activities that would be ‘‘(G) date-specific timetables for meeting practicable, shall— moved to the next stage of a demonstration the environmental goals identified in sub- ‘‘(i) ensure that— project; and section (a)(3)(I).’’. ‘‘(I) each Federal agency covered by the ‘‘(M) maintaining a baseline modeling and (c) OPERATIONAL EVOLUTION PARTNER- plan has sufficient funds requested in the simulation environment for testing and eval- SHIP.—Section 709(d) of such Act (117 Stat. President’s budget, as submitted under sec- uating alternative concepts to satisfy Next 2584) is amended to read as follows: Generation Air Transportation enterprise ar- tion 1105(a) of title 31, United States Code, ‘‘(d) OPERATIONAL EVOLUTION PARTNER- chitecture requirements.’’. for each fiscal year covered by the plan to SHIP.—The Administrator of the Federal (3) COOPERATION WITH OTHER FEDERAL AGEN- carry out its responsibilities under the plan; Aviation Administration shall develop and CIES.—Section 709(a)(4) of such Act (as redes- and publish annually the document known as the ignated by paragraph (1) of this subsection) ‘‘(II) the development and implementation ‘Operational Evolution Partnership’, or any is amended— of the Next Generation Air Transportation successor document, that provides a detailed (A) by striking ‘‘(4)’’ and inserting System remains on schedule; description of how the agency is imple- ‘‘(4)(A)’’; and ‘‘(ii) include, in the President’s budget, a menting the Next Generation Air Transpor- (B) by adding at the end the following: statement of the portion of the estimated tation System.’’. ‘‘(B) The Secretary of Defense, the Admin- budget of each Federal agency covered by (d) AUTHORIZATION OF APPROPRIATIONS.— istrator of the National Aeronautics and the plan that relates to the activities of the Section 709(e) of such Act (117 Stat. 2584) is Space Administration, the Secretary of Com- agency under the Next Generation Air amended by striking ‘‘2010’’ and inserting merce, the Secretary of Homeland Security, Transportation System initiative; and ‘‘2011’’. and the head of any other Federal agency ‘‘(iii) identify and justify as part of the (e) CONTINGENCY PLANNING.—The Associate from which the Secretary of Transportation President’s budget submission any inconsist- Administrator for the Next Generation Air requests assistance under subparagraph (A) encies between the plan and amounts re- Transportation System shall, as part of the shall designate a senior official in the agen- quested in the budget. design of the System, develop contingency cy to be responsible for— ‘‘(7) The Associate Administrator of the plans for dealing with the degradation of the ‘‘(i) carrying out the activities of the agen- Next Generation Air Transportation System System in the event of a natural disaster, cy relating to the Next Generation Air shall be a voting member of the Joint Re- major equipment failure, or act of terrorism. Transportation System in coordination with sources Council of the Federal Aviation Ad- SEC. 203. NEXT GENERATION AIR TRANSPOR- the Office, including the execution of all as- ministration.’’. TATION SENIOR POLICY COM- pects of the work of the agency in developing (b) INTEGRATED PLAN.—Section 709(b) of MITTEE. and implementing the integrated work plan such Act (117 Stat. 2583) is amended— (a) MEETINGS.—Section 710(a) of Vision described in subsection (b)(5); (1) in the matter preceding paragraph (1)— 100—Century of Aviation Reauthorization ‘‘(ii) serving as a liaison for the agency in (A) by striking ‘‘meets air’’ and inserting Act (49 U.S.C. 40101 note; 117 Stat. 2584) is activities of the agency relating to the Next ‘‘meets anticipated future air’’; and amended by inserting before the period at Generation Air Transportation System and (B) by striking ‘‘beyond those currently in- the end the following ‘‘and shall meet at coordinating with other Federal agencies in- cluded in the Federal Aviation Administra- least twice each year’’. volved in activities relating to the System; tion’s operational evolution plan’’; (b) ANNUAL REPORT.—Section 710 of such and (2) by striking ‘‘and’’ at the end of para- Act (117 Stat. 2584) is amended by adding at ‘‘(iii) ensuring that the agency meets its graph (3); the end the following: obligations as set forth in any memorandum (3) by striking the period at the end of ‘‘(e) ANNUAL REPORT.— of understanding executed by or on behalf of paragraph (4) and inserting ‘‘; and’’; and ‘‘(1) SUBMISSION TO CONGRESS.—Not later the agency relating to the Next Generation (4) by adding at the end the following: than one year after the date of enactment of Air Transportation System. ‘‘(5) a multiagency integrated work plan this subsection, and annually thereafter on ‘‘(C) The head of a Federal agency referred for the Next Generation Air Transportation the date of submission of the President’s to in subparagraph (B) shall ensure that— System that includes— budget request to Congress under section ‘‘(i) the responsibilities of the agency re- ‘‘(A) an outline of the activities required to 1105(a) of title 31, United States Code, the lating to the Next Generation Air Transpor- achieve the end-state architecture, as ex- Secretary shall submit to the Committee on tation System are clearly communicated to pressed in the concept of operations and en- Transportation and Infrastructure and the the senior official of the agency designated terprise architecture documents, that identi- Committee on Science and Technology of the under subparagraph (B); and fies each Federal agency or other entity re- House of Representatives and the Committee ‘‘(ii) the performance of the senior official sponsible for each activity in the outline; on Commerce, Science, and Transportation in carrying out the responsibilities of the ‘‘(B) details on a year-by-year basis of spe- of the Senate a report summarizing the agency relating to the Next Generation Air cific accomplishments, activities, research progress made in carrying out the integrated

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.028 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN H10658 CONGRESSIONAL RECORD — HOUSE September 20, 2007 work plan required by section 709(b)(5) and ernment in the event of material non- (B) receive appropriate travel and per diem any changes in that plan. performance, as determined by the Adminis- expenses in accordance with the travel poli- ‘‘(2) CONTENTS.—The report shall include— trator; and cies of the Administration in addition to any ‘‘(A) a copy of the updated integrated work (5) permit the Government to acquire or regular compensation and benefits. plan; utilize for a reasonable period, as determined (c) REPORT.—Not later than 180 days after ‘‘(B) a description of the progress made in by the Administrator, the assets, equipment, the date of enactment of this Act, the Ad- carrying out the integrated work plan and hardware, and software necessary to ensure ministrator shall submit to the Committee any changes in that plan, including any the continued and uninterrupted provision of on Transportation and Infrastructure of the changes based on funding shortfalls and limi- ADS-B services and to have ready access to House of Representatives and the Committee tations set by the Office of Management and such assets, equipment, hardware, and soft- on Commerce, Science, and Transportation Budget; ware through its own personnel, agents, or of the Senate a report on the implementa- ‘‘(C) a detailed description of— others, if the Administrator provides reason- tion of this section. ‘‘(i) the success or failure of each item of able compensation for such acquisition or SEC. 206. GAO REVIEW OF CHALLENGES ASSOCI- the integrated work plan for the previous utilization. ATED WITH TRANSFORMING TO THE NEXT GENERATION AIR TRANSPOR- year and relevant information as to why any (c) REVIEW BY DOT INSPECTOR GENERAL.— milestone was not met; and TATION SYSTEM. (1) IN GENERAL.—The Inspector General of (a) IN GENERAL.—The Comptroller General ‘‘(ii) the impact of not meeting the mile- the Department of Transportation shall con- shall conduct a review of the progress and stone and what actions will be taken in the duct a review concerning the Federal Avia- challenges associated with transforming the future to account for the failure to complete tion Administration’s award and oversight of Nation’s air traffic control system into the the milestone; any contract entered into by the Adminis- Next Generation Air Transportation System ‘‘(D) an explanation of any change to fu- tration to provide ADS-B services for the na- (in this section referred to as the ‘‘NextGen ture years in the integrated work plan and tional airspace system. System’’). the reasons for such change; and (2) CONTENTS.—The review shall include, at (b) REVIEW.—The review shall include the ‘‘(E) an identification of the levels of fund- a minimum— following: ing for each agency participating in the inte- (A) an examination of how program risks (1) An evaluation of the continued imple- grated work plan devoted to programs and are being managed; mentation and institutionalization of the activities under the plan for the previous fis- (B) an assessment of expected benefits at- processes that are key to the ability of the cal year and in the President’s budget re- tributable to the deployment of ADS-B serv- Air Traffic Organization to effectively main- quest.’’. ices, including the implementation of ad- tain management structures and systems ac- SEC. 204. AUTOMATIC DEPENDENT SURVEIL- vanced operational procedures and air-to-air quisitions procedures utilized under the cur- LANCE-BROADCAST SERVICES. applications as well as to the extent to rent air traffic control modernization pro- (a) REPORT ON FAA PROGRAM AND SCHED- which ground radar will be retained; gram as a basis for the NextGen System. ULE.— (C) a determination of whether the Admin- (2) An assessment of the progress and chal- (1) IN GENERAL.—The Administrator of the istration has established sufficient mecha- lenges associated with collaboration and Federal Aviation Administration shall pre- contributions of the partner agencies work- pare a report detailing the program and nisms to ensure that all design, acquisition, operation, and maintenance requirements ing with the Joint Planning and Develop- schedule for integrating automatic depend- ment Office of the Federal Aviation Admin- ent surveillance-broadcast (in this section have been met by the contractor; (D) an assessment of whether the Adminis- istration (in this section referred to as the referred to as ‘‘ADS-B’’) technology into the ‘‘JPDO’’) in planning and implementing the national airspace system. tration and any contractors are meeting cost, schedule, and performance milestones, NextGen System. (2) CONTENTS.—The report shall include— as measured against the original baseline of (3) The progress and challenges associated (A) a description of segment 1 and segment with coordinating government and industry 2 activity to acquire ADS-B services; the Administration’s program for providing ADS-B services; stakeholders in activities relating to the (B) a description of plans for implementa- NextGen System, including an assessment of tion of advanced operational procedures and (E) an assessment of whether security issues are being adequately addressed in the the contributions of the NextGen Institute. ADS-B air-to-air applications; and (4) An assessment of planning and imple- (C) a discussion of protections that the Ad- overall design and implementation of the ADS-B system; and mentation of the NextGen System against ministration will require as part of any con- established schedules, milestones, and budg- tract or program in the event of a contrac- (F) any other matters or aspects relating to contract implementation and oversight ets. tor’s default, bankruptcy, acquisition by an- (5) An evaluation of the recently modified other entity, or any other event jeopardizing that the Inspector General determines merit attention. organizational structure of the JPDO. the uninterrupted provision of ADS-B serv- (6) An examination of transition planning ices. (3) REPORTS TO CONGRESS.—The Inspector General shall periodically, on at least an an- by the Air Traffic Organization and the (3) SUBMISSION TO CONGRESS.—Not later JPDO. than 90 days after the date of enactment of nual basis, submit to the Committee on Transportation and Infrastructure of the (7) Any other matters or aspects of plan- this Act, the Administrator shall submit to ning and coordination of the NextGen Sys- the Committee on Transportation and Infra- House of Representatives and the Committee on Commerce, Science, and Transportation tem by the Federal Aviation Administration structure of the House of Representatives and the JPDO that the Comptroller General and the Committee on Commerce, Science, of the Senate a report on the results of the review conducted under this subsection. determines appropriate. and Transportation of the Senate the report (c) REPORTS.— SEC. 205. INCLUSION OF STAKEHOLDERS IN AIR prepared under paragraph (1). (1) REPORT TO CONGRESS ON PRIORITIES.— (b) REQUIREMENTS OF FAA CONTRACTS FOR TRAFFIC CONTROL MODERNIZATION PROJECTS. Not later than one year after the date of en- ADS-B SERVICES.—Any contract entered into actment of this Act, the Comptroller General (a) IN GENERAL.—The Administrator of the by the Administrator with an entity to ac- shall determine the priority of topics to be quire ADS-B services shall contain terms Federal Aviation Administration shall estab- reviewed under this section and report such and conditions that— lish a process for including in the planning, priorities to the Committee on Transpor- (1) require approval by the Administrator development, and deployment of air traffic tation and Infrastructure and the Committee before the contract may be assigned to or as- control modernization projects (including on Science and Technology of the House of sumed by another entity, including any suc- the Next Generation Air Transportation Sys- Representatives and the Committee on Com- cessor entity, subsidiary of the contractor, tem) and collaborating with qualified em- merce, Science, and Transportation of the or other corporate entity; ployees selected by each exclusive collective Senate. (2) provide that the assets, equipment, bargaining representative of employees of (2) PERIODIC REPORTS TO CONGRESS ON RE- hardware, and software used in the perform- the Administration who are likely to be im- SULTS OF THE REVIEW.—The Comptroller Gen- ance of the contract be designated as critical pacted by such planning, development, and eral shall periodically submit to the commit- national infrastructure for national security deployment. tees referred to in paragraph (1) a report on and related purposes; (b) PARTICIPATION.— the results of the review conducted under (3) require the contractor to provide con- (1) BARGAINING OBLIGATIONS AND RIGHTS.— this section. tinued broadcast services for a reasonable Participation in the process described in sub- period, as determined by the Administrator, section (a) shall not be construed as a waiver SEC. 207. GAO REVIEW OF NEXT GENERATION AIR TRANSPORTATION SYSTEM ACQUISI- until the provision of such services can be of any bargaining obligations or rights under TION AND PROCEDURES DEVELOP- transferred to another vendor or to the Gov- section 40122(a)(1) or 40122(g)(2)(C) of title 49, MENT. ernment in the event of a termination of the United States Code. (a) STUDY.—The Comptroller General shall contract; (2) CAPACITY AND COMPENSATION.—Exclu- conduct a review of the progress made and (4) require the contractor to provide con- sive collective bargaining representatives challenges related to the acquisition of des- tinued broadcast services for a reasonable and selected employees participating in the ignated technologies and the development of period, as determined by the Administrator, process described in subsection (a) shall— procedures for the Next Generation Air until the provision of such services can be (A) serve in a collaborative and advisory Transportation System (in this section re- transferred to another vendor or to the Gov- capacity; and ferred to as the ‘‘NextGen System’’).

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(b) SPECIFIC SYSTEMS REVIEW.—The review (1) highlight the technical activities, in- (1) by striking the semicolon at the end of shall include, at a minimum, an examination cluding human-system design, organiza- paragraph (3) and inserting ‘‘; and’’; of the acquisition costs, schedule, and other tional design, and other safety and human (2) by striking paragraph (4); and relevant considerations for the following sys- factor aspects of the system, that will be (3) by redesignating paragraph (5) as para- tems: necessary to successfully transition current graph (4). (1) En Route Automation Modernization and planned modernization programs to the SEC. 215. ASSISTANCE TO FOREIGN AVIATION AU- (ERAM). future system envisioned by the Joint Plan- THORITIES. (2) Standard Terminal Automation Re- ning and Development Office of the Adminis- Section 40113(e) is amended— placement System/Common Automated tration; (1) in paragraph (1)— Radar Terminal System (STARS/CARTS). (2) assess technical, cost, and schedule risk (A) by inserting ‘‘public and private’’ be- (3) Automatic Dependent Surveillance- for the software development that will be fore ‘‘foreign aviation authorities’’; and Broadcast (ADS-B). necessary to achieve the expected benefits (B) by striking the period at the end of the (4) System Wide Information Management from a highly automated air traffic manage- first sentence and inserting ‘‘or efficiency. (SWIM). ment system and the implications for ongo- The Administrator may participate in, and (5) Traffic Flow Management Moderniza- ing modernization projects; and submit offers in response to, competitions to tion (TFM-M). (3) include judgments on how risks with provide such services and may contract with (c) REVIEW.—The review shall include, at a automation efforts for the Next Generation foreign aviation authorities to provide such minimum, an assessment of the progress and Air Transportation System can be mitigated services consistent with section 106(l)(6). challenges related to the development of based on the experiences of other public or Notwithstanding any other provision of law standards, regulations, and procedures that private entities in developing complex, soft- or policy, the Administrator may accept will be necessary to implement the NextGen ware-intensive systems. payments received under this subsection in System, including required navigation per- (c) REPORT.—Not later than one year after arrears.’’; and formance, area navigation, the airspace the date of enactment of this Act, the Ad- (2) in paragraph (3) by striking ‘‘credited’’ management program, and other programs ministrator shall submit to Congress a re- and all that follows through the period at and procedures that the Comptroller General port containing the results of the review the end and inserting ‘‘credited as an offset- identifies as relevant to the transformation conducted pursuant to subsection (a). ting collection to the account from which of the air traffic system. SEC. 210. NEXTGEN TECHNOLOGY TESTBED. the expenses were incurred in providing such (d) PERIODIC REPORTS TO CONGRESS ON RE- Of amounts appropriated under section services and shall remain available until ex- SULTS OF THE REVIEW.—The Comptroller 48101(a) of title 49, United States Code, the pended.’’. General shall periodically submit to the Administrator of the Federal Aviation Ad- SEC. 216. FRONT LINE MANAGER STAFFING. Committee on Transportation and Infra- ministration shall use such sums as may be (a) STUDY.—Not later than 90 days after structure and the Committee on Science and necessary for each of the fiscal years 2008 the date of enactment of this Act, the Ad- Technology of the House of Representatives through 2011 to contribute to the establish- ministrator of the Federal Aviation Admin- and the Committee on Commerce, Science, ment by a public-private partnership (includ- istration shall initiate a study on front line and Transportation of the Senate a report on ing a university component with significant manager staffing requirements in air traffic the results of the review conducted under aviation expertise in air traffic management, control facilities. simulation, meteorology, and engineering this section. (b) CONSIDERATIONS.—In conducting the SEC. 208. DOT INSPECTOR GENERAL REVIEW OF and aviation business) an airport-based test- study, the Administrator shall take into OPERATIONAL AND APPROACH PRO- ing site for existing Next Generation Air consideration— CEDURES BY A THIRD PARTY. Transport System technologies. The Admin- (1) the number of supervisory positions of (a) REVIEW.—The Inspector General of the istrator shall ensure that next generation air operation requiring watch coverage in each Department of Transportation shall conduct traffic control integrated systems developed air traffic control facility; a review regarding the effectiveness of the by private industries are installed at the site (2) coverage requirements in relation to oversight activities conducted by the Fed- for demonstration, operational research, and traffic demand; eral Aviation Administration in connection evaluation by the Administration. The test- (3) facility type; with any agreement with or delegation of au- ing site shall serve a mix of general aviation (4) complexity of traffic and managerial re- thority to a third party for the development and commercial traffic. sponsibilities; of flight procedures for the national airspace SEC. 211. CLARIFICATION OF AUTHORITY TO (5) proficiency and training requirements; system. ENTER INTO REIMBURSABLE and (b) ASSESSMENTS.—The Inspector General AGREEMENTS. shall include, at a minimum, in the review— Section 106(m) is amended in the last sen- (6) such other factors as the Administrator (1) an assessment of the extent to which tence by inserting ‘‘with or’’ before ‘‘without considers appropriate. (c) DETERMINATIONS.—The Administrator the Federal Aviation Administration is rely- reimbursement’’. shall transmit any determinations made as a ing or intends to rely on a third party for the SEC. 212. DEFINITION OF AIR NAVIGATION FACIL- result of the study to the Chief Operating Of- development of new procedures and a deter- ITY. ficer for the air traffic control system. mination of whether the Administration has Section 40102(a)(4) is amended— (d) REPORT.—Not later than one year after established sufficient mechanisms and staff- (1) by redesignating subparagraph (D) as the date of enactment of this Act, the Ad- ing to provide safety oversight of a third subparagraph (E); ministrator shall submit to the Committee party; and (2) by striking subparagraphs (B) and (C) on Transportation and Infrastructure of the (2) an assessment regarding whether the and inserting the following: House of Representatives and the Committee Administration has sufficient existing per- ‘‘(B) runway lighting and airport surface on Commerce, Science, and Transportation sonnel and technical resources or mecha- visual and other navigation aids; of the Senate a report on the results of the nisms to develop such flight procedures in a ‘‘(C) aeronautical and meteorological in- study and a description of any determina- safe and efficient manner to meet the de- formation to air traffic control facilities or tions submitted to the Chief Operating Offi- mands of the national airspace system with- aircraft; cer under subsection (c). out the use of third party resources. ‘‘(D) communication, navigation, or sur- (c) REPORT.—Not later than one year after veillance equipment for air-to-ground or air- SEC. 217. FLIGHT SERVICE STATIONS. the date of enactment of this Act, the In- to-air applications;’’; (a) ESTABLISHMENT OF MONITORING SYS- spector General shall submit to the Com- (3) in subparagraph (E) (as redesignated by TEM.—Not later than 60 days after the date of mittee on Transportation and Infrastructure paragraph (1) of this section)— enactment of this Act, the Administrator of of the House of Representatives and the (A) by striking ‘‘another structure’’ and in- the Federal Aviation Administration shall Committee on Commerce, Science, and serting ‘‘any structure, equipment,’’; and develop and implement a monitoring system Transportation of the Senate a report on the (B) by striking the period at the end and for flight service specialist staffing and results of the review conducted under this inserting ‘‘; and’’; and training under service contracts for flight section, including the assessments described (4) by adding at the end the following: service stations. in subsection (b). ‘‘(F) buildings, equipment, and systems (b) COMPONENTS.—At a minimum, the mon- itoring system shall include mechanisms to SEC. 209. EXPERT REVIEW OF ENTERPRISE AR- dedicated to the national airspace system.’’. CHITECTURE FOR NEXT GENERA- SEC. 213. IMPROVED MANAGEMENT OF PROP- monitor— TION AIR TRANSPORTATION SYS- ERTY INVENTORY. (1) flight specialist staffing plans for indi- TEM. Section 40110(a)(2) is amended by striking vidual facilities; (a) REVIEW.—The Administrator of the ‘‘compensation’’ and inserting ‘‘compensa- (2) actual staffing levels for individual fa- Federal Aviation Administration shall enter tion, and the amount received shall be cred- cilities; into an arrangement with the National Re- ited as an offsetting collection to the ac- (3) the initial and recurrent certification search Council to review the enterprise ar- count from which the amount was expended and training of flight service specialists on chitecture for the Next Generation Air and shall remain available until expended’’. the safety, operational, and technological as- Transportation System. SEC. 214. CLARIFICATION TO ACQUISITION RE- pects of flight services, including any certifi- (b) CONTENTS.—At a minimum, the review FORM AUTHORITY. cation and training necessary to meet user to be conducted under subsection (a) shall— Section 40110(c) is amended— demand; and

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(4) system outages, excessive hold times, ‘‘(2) PROTECTION FOR COMPLIANCE.—An ac- ‘‘(3) JUDICIAL REVIEW.—A person who is dropped calls, poor quality briefings, and any tion taken in conformance with this section, substantially affected by an order of the other safety or customer service issues under taken in conformance with a regulation Board under this subsection, or the Adminis- a contract for flight service station services. issued to carry out this section, or taken trator if the Administrator decides that an (c) REPORT TO CONGRESS.—Not later than prior to the date of enactment of this section order of the Board will have a significant ad- 90 days after the date of enactment of this in conformance with section 121.383(c) of verse impact on carrying out this subtitle, Act, the Administrator shall submit to the title 14, Code of Federal Regulations (as in may seek judicial review of the order under Committee on Transportation and Infra- effect before such date of enactment), may section 46110. The Administrator shall be structure of the House of Representatives not serve as a basis for liability or relief in made a party to the judicial review pro- and the Committee on Commerce, Science, a proceeding before any court or agency of ceedings. The findings of fact of the Board in and Transportation of the Senate a report the United States or of any State or locality. any such case are conclusive if supported by containing— ‘‘(f) AMENDMENTS TO LABOR AGREEMENTS substantial evidence.’’. (1) a description of monitoring system; AND BENEFIT PLANS.—Any amendment to a (b) CONFORMING AMENDMENT.—Section (2) if the Administrator determines that labor agreement or benefit plan of an air car- 1153(c) is amended by striking ‘‘section 44709 contractual changes or corrective actions rier that is required to conform with the re- or’’ and inserting ‘‘section 44703(d), 44709, are required for the Administration to en- quirements of this section or a regulation or’’. sure that the vendor under a contract for issued to carry out this section, and is appli- SEC. 303. RELEASE OF DATA RELATING TO ABAN- flight service station services provides safe cable to pilots represented for collective bar- DONED TYPE CERTIFICATES AND and high quality service to consumers, a de- gaining, shall be made by agreement of the SUPPLEMENTAL TYPE CERTIFI- scription of the changes or actions required; air carrier and the designated bargaining CATES. and representative of the pilots of the air carrier. (a) RELEASE OF DATA.—Section 44704(a) is (3) a description of the contingency plans ‘‘(g) MEDICAL STANDARDS AND RECORDS.— amended by adding at the end the following: of the Administrator and the protections ‘‘(1) MEDICAL EXAMINATIONS AND STAND- ‘‘(5) RELEASE OF DATA.— that the Administrator will have in place to ARDS.—Except as provided by paragraph (2), ‘‘(A) IN GENERAL.—Notwithstanding any provide uninterrupted flight service station a person serving as a pilot for an air carrier other provision of law, the Administrator services in the event of— engaged in covered operations shall not be may make available upon request to a person (A) material non-performance of the con- subject to different medical standards, or seeking to maintain the airworthiness of an tract; different, greater, or more frequent medical aircraft, engine, propeller, or appliance, en- (B) a vendor’s default, bankruptcy, or ac- examinations, on account of age unless the gineering data in the possession of the Ad- quisition by another entity; or Secretary determines (based on data re- ministration relating to a type certificate or (C) any other event that could jeopardize ceived or studies published after the date of a supplemental type certificate for such air- the uninterrupted provision of flight service enactment of this section) that different craft, engine, propeller, or appliance, with- station services. medical standards, or different, greater, or out the consent of the owner of record, if the more frequent medical examinations, are TITLE III—SAFETY Administrator determines that— needed to ensure an adequate level of safety ‘‘(i) the certificate containing the re- Subtitle A—General Provisions in flight. quested data has been inactive for 3 or more SEC. 301. AGE STANDARDS FOR PILOTS. ‘‘(2) DURATION OF FIRST-CLASS MEDICAL CER- years; (a) IN GENERAL.—Chapter 447 is amended TIFICATE.—No person who has attained 60 ‘‘(ii) after using due diligence, the Admin- by adding at the end the following: years of age may serve as a pilot of an air istrator is unable to find the owner of record, ‘‘§ 44729. Age standards for pilots carrier engaged in covered operations unless or the owner of record’s heir, of the type cer- ‘‘(a) IN GENERAL.—Subject to the limita- the person has a first-class medical certifi- tificate or supplemental certificate; and tion in subsection (c), a pilot may serve in cate. Such a certificate shall expire on the ‘‘(iii) making such data available will en- multicrew covered operations until attaining last day of the 6-month period following the hance aviation safety. 65 years of age. date of examination shown on the certifi- ‘‘(B) ENGINEERING DATA DEFINED.—In this ‘‘(b) COVERED OPERATIONS DEFINED.—In cate. section, the term ‘engineering data’ as used this section, the term ‘covered operations’ ‘‘(h) SAFETY.— with respect to an aircraft, engine, propeller, means operations under part 121 of title 14, ‘‘(1) TRAINING.—Each air carrier engaged in or appliance means type design drawing and Code of Federal Regulations. covered operations shall continue to use specifications for the entire aircraft, engine, ‘‘(c) LIMITATION FOR INTERNATIONAL pilot training and qualification programs ap- propeller, or appliance or change to the air- FLIGHTS.— proved by the Federal Aviation Administra- craft, engine, propeller, or appliance, includ- ‘‘(1) APPLICABILITY OF ICAO STANDARD.—A tion, with specific emphasis on initial and ing the original design data, and any associ- pilot who has attained 60 years of age may recurrent training and qualification of pilots ated supplier data for individual parts or serve as pilot-in-command in covered oper- who have attained 60 years of age, to ensure components approved as part of the par- ations between the United States and an- continued acceptable levels of pilot skill and ticular certificate for the aircraft engine, other country only if there is another pilot judgment. propeller, or appliance.’’. in the flight deck crew who has not yet at- ‘‘(2) LINE EVALUATIONS.—Not later than 6 (b) DESIGN ORGANIZATION CERTIFICATES.— tained 60 years of age. months after the date of enactment of this Section 44704(e)(1) is amended by striking ‘‘(2) SUNSET OF LIMITATION.—Paragraph (1) section, and every 6 months thereafter, an ‘‘Beginning 7 years after the date of enact- shall cease to be effective on such date as the air carrier engaged in covered operations ment of this subsection,’’ and inserting ‘‘Be- Convention on International Civil Aviation shall evaluate the performance of each pilot ginning January 1, 2013,’’. provides that a pilot who has attained 60 of the air carrier who has attained 60 years SEC. 304. INSPECTION OF FOREIGN REPAIR STA- years of age may serve as pilot-in-command of age through a line check of such pilot. TIONS. in international commercial operations Notwithstanding the preceding sentence, an (a) IN GENERAL.—Chapter 447 (as amended without regard to whether there is another air carrier shall not be required to conduct by section 301 of this Act) is further amended pilot in the flight deck crew who has not at- for a 6-month period a line check under this by adding at the end the following: paragraph of a pilot serving as second in tained age 60. ‘‘§ 44730. Inspection of foreign repair stations ‘‘(d) SUNSET OF AGE-60 RETIREMENT RULE.— command if the pilot has undergone a regu- On and after the date of enactment of this larly scheduled simulator evaluation during ‘‘Not later than one year after the date of section, section 121.383(c) of title 14, Code of that period. enactment of this section, and annually thereafter, the Administrator of the Federal Federal Regulations, shall cease to be effec- ‘‘(3) GAO REPORT.—Not later than 24 tive. months after the date of enactment of this Aviation Administration shall submit to ‘‘(e) APPLICABILITY.— section, the Comptroller General shall sub- Congress a certification that each foreign re- ‘‘(1) NONRETROACTIVITY.—No person who mit to the Committee on Transportation and pair station that is certified by the Adminis- has attained 60 years of age before the date Infrastructure of the House of Representa- trator under part 145 of title 14, Code of Fed- of enactment of this section may serve as a tives and the Committee on Commerce, eral Regulations, and performs work on air pilot for an air carrier engaged in covered Science, and Transportation of the Senate a carrier aircraft or components has been in- operations unless— report concerning the effect, if any, on avia- spected by safety inspectors of the Adminis- ‘‘(A) such person is in the employment of tion safety of the modification to pilot age tration not fewer than 2 times in the pre- that air carrier in such operations on such standards made by subsection (a).’’. ceding calendar year.’’. date of enactment as a required flight deck (b) CLERICAL AMENDMENT.—The analysis (b) CLERICAL AMENDMENT.—The analysis crew member; or for such chapter is amended by adding at the for such chapter is amended by adding at the ‘‘(B) such person is newly hired by an air end the following: end the following: carrier as a pilot on or after such date of en- ‘‘44729. Age standards for pilots.’’. ‘‘44730. Inspection of foreign repair sta- actment without credit for prior seniority or SEC. 302. JUDICIAL REVIEW OF DENIAL OF AIR- tions.’’. prior longevity for benefits or other terms MAN CERTIFICATES. SEC. 305. RUNWAY INCURSION REDUCTION. related to length of service prior to the date (a) JUDICIAL REVIEW OF NTSB DECISIONS.— Not later than December 31, 2008, the Ad- of rehire under any labor agreement or em- Section 44703(d) is amended by adding at the ministrator of the Federal Aviation Admin- ployment policies of the air carrier. end the following: istration shall submit to Congress a report

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.028 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10661 containing a plan for the installation and de- erning flight time limitations and rest re- (2) OSHA.—The term ‘‘OSHA’’ means the ployment of systems the Administration is quirements for pilots. ‘‘Occupational Safety and Health Adminis- installing to alert controllers or flight crews, (e) IMPLEMENTATION OF FLIGHT ATTENDANT tration’’. or both, of potential runway incursions. The FATIGUE STUDY RECOMMENDATIONS.—Not SEC. 310. AIRCRAFT SURVEILLANCE IN MOUN- plan shall be integrated into the annual later than 60 days after the date of enact- TAINOUS AREAS. Operational Evolution Partnership docu- ment of this Act, the Administrator shall (a) ESTABLISHMENT.—The Administrator of ment of the Administration or any successor initiate a process for the Civil Aerospace the Federal Aviation Administration may es- document. Medical Institute to carry out its rec- tablish a pilot program to improve safety SEC. 306. IMPROVED PILOT LICENSES. ommendations for further study of the issue and efficiency by providing surveillance for (a) IN GENERAL.—Not later than 6 months of flight attendant fatigue and to submit not aircraft flying outside of radar coverage in after the date of enactment of this Act, the later than March 31, 2009, to Congress a re- mountainous areas. (b) AUTHORIZATION OF APPROPRIATIONS.— Administrator of the Federal Aviation Ad- port on such process, including an analysis There is authorized to be appropriated such ministration shall begin to issue improved of the following: sums as may be necessary to carry out this pilot licenses consistent with the require- (1) A survey of field operations of flight at- section. Such sums shall remain available ments of title 49, United States Code, and tendants. until expended. title 14, Code of Federal Regulations. (2) A study of incident reports regarding SEC. 311. OFF-AIRPORT, LOW-ALTITUDE AIR- (b) REQUIREMENTS.—Improved pilots li- flight attendant fatigue. CRAFT WEATHER OBSERVATION censes issued under subsection (a) shall— (3) Field research on the effects of such fa- TECHNOLOGY. (1) be resistant to tampering, alteration, tigue. (a) STUDY.—The Administrator of the Fed- and counterfeiting; (4) A validation of models for assessing eral Aviation Administration shall conduct a (2) include a photograph of the individual flight attendant fatigue, international poli- review of off-airport, low-altitude aircraft to whom the license is issued; and cies, and practices regarding flight limita- weather observation technologies. (3) be capable of accommodating a digital tions and rest of flight attendants, and the (b) SPECIFIC REVIEW.—The review shall in- photograph, a biometric identifier, or any potential benefits of training flight attend- clude, at a minimum, an examination of off- other unique identifier that the Adminis- ants regarding such fatigue. airport, low-altitude weather reporting trator considers necessary. (f) AUTHORIZATION OF APPROPRIATIONS.— needs, an assessment of technical alter- (c) TAMPERING.—To the extent practical, There are authorized to be appropriated such natives (including automated weather obser- the Administrator shall develop methods to sums as necessary to carry out this section. vation stations), an investment analysis, and determine or reveal whether any component recommendations for improving weather re- SEC. 309. OSHA STANDARDS. or security feature of a license issued under porting. subsection (a) has been tampered, altered, or (a) IN GENERAL.—The Administrator of the (c) REPORT.—Not later than one year after counterfeited. FAA shall— the date of enactment of this Act, the Ad- (d) USE OF DESIGNEES.—The Administrator (1) not later than 6 months after the date ministrator shall submit to Congress a re- may use designees to carry out subsection of enactment of this Act, establish mile- port containing the results of the review. (a) to the extent feasible in order to mini- stones, in consultation with the Adminis- Subtitle B—Unmanned Aircraft Systems mize the burdens on pilots. trator of the OSHA, to complete work begun under the August 2000 memorandum of un- SEC. 321. COMMERCIAL UNMANNED AIRCRAFT (e) REPORT.—Not later than 9 months after SYSTEMS INTEGRATION PLAN. derstanding between the FAA and OSHA and the date of enactment of this Act and every (a) INTEGRATION PLAN.— to address issues needing further action iden- 6 months thereafter until September 30, 2011, (1) COMPREHENSIVE PLAN.—Not later than 9 the Administrator shall submit to the Com- tified in the joint report of the FAA and months after the date of enactment of this mittee on Transportation and Infrastructure OSHA in December 2000; and Act, the Secretary, in consultation with rep- of the House of Representatives and the (2) not later than 24 months after the date resentatives of the aviation industry, shall Committee on Commerce, Science, and of enactment of this Act, issue a policy develop a comprehensive plan to safely inte- Transportation of the Senate a report on the statement to set forth the circumstances in grate commercial unmanned aircraft sys- issuance of improved pilot licenses under which requirements of OSHA may be applied tems into the national airspace system. to crewmembers while working in an aircraft this section. (2) MINIMUM REQUIREMENTS.—In developing SEC. 307. AIRCRAFT FUEL TANK SAFETY IM- cabin. the plan under paragraph (1), the Secretary PROVEMENT. (b) CONTENTS OF POLICY STATEMENT.— shall, at a minimum— Not later than December 31, 2007, the Ad- (1) ESTABLISHMENT OF COORDINATING (A) review technologies and research that ministrator of the Federal Aviation Admin- BODY.—The policy statement to be developed will assist in facilitating the safe integration istration shall issue a final rule regarding under subsection (a)(2) shall provide for the of commercial unmanned aircraft systems the reduction of fuel tank flammability in establishment of a coordinating body, simi- into the national airspace system; transport category aircraft. lar to the aviation safety and health joint (B) provide recommendations for the rule- SEC. 308. FLIGHT CREW FATIGUE. team established pursuant to the August 2000 making to be conducted under subsection (b) (a) IN GENERAL.—Not later than 3 months memorandum of understanding between the to— after the date of enactment of this Act, the FAA and OSHA, that includes representa- (i) define the acceptable standards for op- Administrator of the Federal Aviation Ad- tives designated by the FAA and OSHA— erations and certification of commercial un- ministration shall conclude arrangements (A) to examine the applicability of current manned aircraft systems; with the National Academy of Sciences for a and proposed regulations of OSHA for appli- (ii) ensure that any commercial unmanned study of pilot fatigue. cation and enforcement by the FAA; aircraft system includes a detect, sense, and (b) STUDY.—The study shall include consid- (B) to recommend policies for facilitating avoid capability; and eration of— the training of inspectors of the FAA; and (iii) develop standards and requirements (1) research on pilot fatigue, sleep, and cir- (C) to make recommendations that will for the operator or programmer of a commer- cadian rhythms; govern the inspection and enforcement by cial unmanned aircraft system, including (2) sleep and rest requirements of pilots the FAA of occupational safety and health standards and requirements for registration recommended by the National Aeronautics standards on board an aircraft providing air and licensing; and Space Administration and the National transportation. (C) recommend how best to enhance the Transportation Safety Board; and (2) FAA STANDARDS.—The policy statement technologies and subsystems necessary to ef- (3) Federal Aviation Administration and to be developed under subsection (a)(2) shall fect the safe and routine operations of com- international standards regarding flight lim- ensure that standards adopted by the FAA mercial unmanned aircraft systems in the itations and rest for pilots. set forth clearly— national airspace system; and (c) REPORT.—Not later than 18 months (A) the circumstances under which an em- (D) recommend how a phased-in approach after initiating the study, the National ployer is required to take action to address to the integration of commercial unmanned Academy of Sciences shall submit to the Ad- occupational safety and health hazards; aircraft systems into the national airspace ministrator a report containing its findings (B) the measures required of an employer system can best be achieved and a timeline and recommendations regarding the study under the standard; and upon which such a phase-in shall occur. under subsections (a) and (b), including rec- (C) the compliance obligations of an em- (3) DEADLINE.—The plan to be developed ommendations with respect to Federal Avia- ployer under the standard. under paragraph (1) shall provide for the safe tion Administration regulations governing (c) REPORT TO CONGRESS.—Not later than 6 integration of commercial unmanned air- flight time limitations and rest require- months after the date of enactment of this craft systems into the national airspace sys- ments for pilots. Act, the Administrator of the FAA shall sub- tem as soon as possible, but not later than (d) RULEMAKING.—After the Administrator mit to Congress a report describing the mile- September 30, 2012. receives the report of the National Academy stones established under subsection (a)(1). (4) REPORT TO CONGRESS.—Not later than of Sciences, the Administrator shall consider (d) DEFINITIONS.—In this section, the fol- one year after the date of enactment of this the findings in the report and update as ap- lowing definitions apply: Act, the Secretary shall submit to Congress propriate based on scientific data Federal (1) FAA.—The term ‘‘FAA’’ means the Fed- a copy of the plan developed under paragraph Aviation Administration regulations gov- eral Aviation Administration. (1).

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(b) RULEMAKING.—Not later than 18 months (5) TEST RANGE.—The term ‘‘test range’’ (b) LIMITATIONS.—Section 41718(c)(2) is after the date on which the integration plan means a defined geographic area where re- amended by striking ‘‘3 operations’’ and in- is submitted to Congress under subsection search and development are conducted. serting ‘‘5 operations’’. (a)(4), the Administrator of the Federal Avia- (6) UNMANNED AIRCRAFT.—The term ‘‘un- (c) ALLOCATION OF BEYOND-PERIMETER EX- tion Administration shall publish in the Fed- manned aircraft’’ means an aircraft that is EMPTIONS.—Section 41718(c) is amended — eral Register a notice of proposed rule- operated without the possibility of direct (1) by redesignating paragraphs (3) and (4) making to implement the recommendations human intervention from within or on the as (4) and (5), respectively; and of the integration plan. aircraft. (2) by inserting after paragraph (2) the fol- (c) AUTHORIZATION.—There are authorized (7) UNMANNED AIRCRAFT SYSTEM.—The term lowing: to be appropriated such sums as may be nec- ‘‘unmanned aircraft system’’ means an un- ‘‘(3) SLOTS.—The Administrator of the Fed- essary to carry out this section. manned aircraft and associated elements eral Aviation Administration shall reduce SEC. 322. SPECIAL RULES FOR CERTAIN UN- (such as communication links and a ground the hourly air carrier slot quota for Ronald MANNED AIRCRAFT SYSTEMS. control station) that are required to operate Reagan Washington National Airport in sec- (a) IN GENERAL.—Notwithstanding the re- safely and efficiently in the national air- tion 93.123(a) of title 14, Code of Federal Reg- quirements of sections 321 and 323, and not space system. ulations, by a total of 10 slots that are avail- later than 6 months after the date of enact- TITLE IV—AIR SERVICE IMPROVEMENTS able for allocation. Such reductions shall be ment of this Act, the Secretary shall deter- taken in the 6:00 a.m., 10:00 p.m., or 11:00 p.m. SEC. 401. MONTHLY AIR CARRIER REPORTS. mine if certain unmanned aircraft systems hours, as determined by the Administrator, (a) IN GENERAL.—Section 41708 is amended may operate safely in the national airspace in order to grant exemptions under sub- by adding at the end the following: system before completion of the plan and section (a).’’. ‘‘(c) DIVERTED AND CANCELLED FLIGHTS.— rulemaking required by section 321 or the (d) SCHEDULING PRIORITY.—Section 41718 is ‘‘(1) MONTHLY REPORTS.—The Secretary guidance required by section 323. amended— (b) ASSESSMENT OF UNMANNED AIRCRAFT shall require an air carrier referred to in paragraph (2) to file with the Secretary a (1) by redesignating subsections (e) and (f) SYSTEMS.—In making the determination as subsections (f) and (g), respectively; and under subsection (a), the Secretary shall de- monthly report on each flight of the air car- rier that is diverted from its scheduled des- (2) by inserting after subsection (d) the fol- termine, at a minimum— lowing: (1) which types of unmanned aircraft sys- tination to another airport and each flight of ‘‘(e) SCHEDULING PRIORITY.—Operations the air carrier that departs the gate at the tems, if any, as a result of their size, weight, conducted by new entrant air carriers and airport at which the flight originates but is speed, operational capability, proximity to limited incumbent air carriers shall be af- cancelled before wheels-off time. airports and population areas, and operation forded a scheduling priority over operations ‘‘(2) APPLICABILITY.—An air carrier that is within visual line-of-sight do not create a conducted by other air carriers granted ex- required to file a monthly airline service hazard to users of the national airspace sys- emptions pursuant to this section, with the quality performance report under subsection tem or the public or pose a threat to na- highest scheduling priority to be afforded to (b) shall be subject to the requirement of tional security; and beyond-perimeter operations conducted by paragraph (1). (2) whether a certificate of authorization new entrant air carriers and limited incum- ‘‘(3) CONTENTS.—A monthly report filed by or an airworthiness certification under sec- bent air carriers.’’. tion 44704 of title 49, United States Code, is an air carrier under paragraph (1) shall in- SEC. 403. EAS CONTRACT GUIDELINES. required for the operation of unmanned air- clude, at a minimum, the following informa- Section 41737(a)(1) is amended— craft systems identified under paragraph (1). tion: (1) by striking ‘‘and’’ at the end of subpara- (c) REQUIREMENTS FOR SAFE OPERATION.—If ‘‘(A) For a diverted flight— the Secretary determines under this section ‘‘(i) the flight number of the diverted graph (B); that certain unmanned aircraft systems may flight; (2) in subparagraph (C) by striking ‘‘pro- operate safely in the national airspace sys- ‘‘(ii) the scheduled destination of the vided.’’ and inserting ‘‘provided;’’; and tem, the Secretary shall establish require- flight; (3) by adding at the end the following: ments for the safe operation of such aircraft ‘‘(iii) the date and time of the flight; ‘‘(D) include provisions under which the systems in the national airspace system. ‘‘(iv) the airport to which the flight was di- Secretary may encourage an air carrier to SEC. 323. PUBLIC UNMANNED AIRCRAFT SYS- verted; improve air service for which compensation TEMS. ‘‘(v) wheels-on time at the diverted airport; is being paid under this subchapter by incor- Not later than 9 months after the date of ‘‘(vi) the time, if any, passengers deplaned porating financial incentives in an essential enactment of this Act, the Secretary shall the aircraft at the diverted airport; and air service contract based on specified per- issue guidance regarding the operation of ‘‘(vii) if the flight arrives at the scheduled formance goals; and public unmanned aircraft systems to— destination airport— ‘‘(E) include provisions under which the (1) expedite the issuance of a certificate of ‘‘(I) the gate-departure time at the di- Secretary may execute a long-term essential authorization process; verted airport; air service contract to encourage an air car- (2) provide for a collaborative process with ‘‘(II) the wheels-off time at the diverted rier to provide air service to an eligible place public agencies to allow for an incremental airport; if it would be in the public interest to do expansion of access to the national airspace ‘‘(III) the wheels-on time at the scheduled so.’’. system as technology matures and the nec- arrival airport; and SEC. 404. ESSENTIAL AIR SERVICE REFORM. essary safety analysis and data become ‘‘(IV) the gate arrival time at the sched- (a) AUTHORIZATION OF APPROPRIATIONS.— available and until standards are completed uled arrival airport. Section 41742(a)(2) is amended by striking and technology issues are resolved; and ‘‘(B) For flights cancelled after gate depar- ‘‘$77,000,000’’ and inserting ‘‘$83,000,000’’. (3) facilitate the capability of public agen- ture— (b) DISTRIBUTION OF EXCESS FUNDS.— cies to develop and use test ranges, subject ‘‘(i) the flight number of the cancelled (1) IN GENERAL.—Section 41742(a) is amend- to operating restrictions required by the flight; ed by adding at the end the following: Federal Aviation Administration, to test and ‘‘(ii) the scheduled origin and destination ‘‘(4) DISTRIBUTION OF EXCESS FUNDS.—Of the operate unmanned aircraft systems. airports of the cancelled flight; funds, if any, credited to the account estab- SEC. 324. DEFINITIONS. ‘‘(iii) the date and time of the cancelled lished under section 45303 in a fiscal year In this subtitle, the following definitions flight; that exceed the $50,000,000 made available for apply: ‘‘(iv) the gate-departure time of the can- such fiscal year under paragraph (1)— (1) CERTIFICATE OF AUTHORIZATION.—The celled flight; and ‘‘(A) one-half shall be made available im- term ‘‘certificate of authorization’’ means a ‘‘(v) the time the aircraft returned to the mediately for obligation and expenditure to Federal Aviation Administration grant of gate. carry out section 41743; and approval for a specific flight operation. ‘‘(4) PUBLICATION.—The Secretary shall ‘‘(B) one-half shall be made available im- (2) DETECT, SENSE, AND AVOID CAPABILITY.— compile the information provided in the mediately for obligation and expenditure to The term ‘‘detect, sense, and avoid capa- monthly reports filed pursuant to paragraph carry out subsection (b).’’. bility’’ means the technical capability to (1) in a single monthly report and publish (2) CONFORMING AMENDMENT.—Section perform separation assurance and collision such report on the Web site of the Depart- 41742(b) is amended— avoidance, as defined by the Federal Avia- ment of Transportation.’’. (A) in the first sentence by striking ‘‘mon- tion Administration. (b) EFFECTIVE DATE.—The Secretary of eys credited’’ and all that follows before (3) PUBLIC UNMANNED AIRCRAFT SYSTEM.— Transportation shall require monthly re- ‘‘shall be used’’ and inserting ‘‘amounts The term ‘‘public unmanned aircraft sys- ports pursuant to the amendment made by made available under subsection (a)(4)(B)’’; tem’’ means an unmanned aircraft system subsection (a) beginning not later than 90 and that meets the qualifications and conditions days after the date of enactment of this Act. (B) in the second sentence by striking ‘‘any required for operation of a public aircraft, as SEC. 402. FLIGHT OPERATIONS AT REAGAN NA- amounts from those fees’’ and inserting ‘‘any defined by section 40102 of title 49, United TIONAL AIRPORT. of such amounts’’. States Code. (a) BEYOND PERIMETER EXEMPTIONS.—Sec- SEC. 405. SMALL COMMUNITY AIR SERVICE. (4) SECRETARY.—The term ‘‘Secretary’’ tion 41718(a) is amended by striking ‘‘24’’ and (a) PRIORITIES.—Section 41743(c)(5) is means the Secretary of Transportation. inserting ‘‘34’’. amended—

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.029 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10663 (1) by striking ‘‘and’’ at the end of subpara- ‘‘§ 42302. Consumer complaints (A) by striking ‘‘and’’; and graph (D); ‘‘(a) CONSUMER COMPLAINTS HOTLINE TELE- (B) by inserting ‘‘, $8,500,000 for fiscal year (2) in subparagraph (E) by striking ‘‘fash- PHONE NUMBER.—The Secretary of Transpor- 2008, $9,000,000 for fiscal year 2009, $9,500,000 ion.’’ and inserting ‘‘fashion; and’’; and tation shall establish a consumer complaints for fiscal year 2010, and $10,000,000 for fiscal (3) by adding at the end the following: hotline telephone number for the use of pas- year 2011’’ after ‘‘2007’’. ‘‘(F) multiple communities cooperate to sengers in air transportation. (2) USE OF EXCESS FUNDS.—Section submit a regional or multistate application ‘‘(b) PUBLIC NOTICE.—The Secretary shall 47124(b)(3) is amended— to improve air service.’’. notify the public of the telephone number es- (A) by redesignating subparagraph (E) (as (b) EXTENSION OF AUTHORIZATION.—Section tablished under subsection (a). amended by paragraph (1) of this subsection) 41743(e)(2) is amended by striking ‘‘2008’’ and ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— as subparagraph (F); and inserting ‘‘2011’’. There are authorized to be appropriated such (B) by inserting after subparagraph (D) the SEC. 406. AIR PASSENGER SERVICE IMPROVE- sums as may be necessary to carry out this following: MENTS. section. Such sums shall remain available ‘‘(E) USE OF EXCESS FUNDS.—If the Sec- (a) IN GENERAL.—Subtitle VII is amended until expended. retary finds that all or part of an amount by inserting after chapter 421 the following: ‘‘§ 42303. Use of insecticides in passenger air- made available under this subparagraph is ‘‘CHAPTER 423—AIR PASSENGER SERVICE craft not required during a fiscal year to carry out IMPROVEMENTS ‘‘No air carrier, foreign air carrier, or tick- this paragraph, the Secretary may use, dur- ‘‘Sec. et agent may sell in the United States a ing such fiscal year, the amount not so re- ‘‘42301. Emergency contingency plans. ticket for air transportation for a flight on quired to carry out the program continued ‘‘42302. Consumer complaints. which an insecticide is planned to be used in under paragraph (1).’’. ‘‘42303. Use of insecticides in passenger air- the aircraft while passengers are on board (c) FEDERAL SHARE.—Section 47124(b)(4)(C) craft. the aircraft unless the air carrier, foreign air is amended by striking ‘‘$1,500,000’’ and in- ‘‘§ 42301. Emergency contingency plans carrier, or ticket agent selling the ticket serting ‘‘$2,000,000’’. ‘‘(a) SUBMISSION OF AIR CARRIER AND AIR- first informs the person purchasing the tick- (d) SAFETY AUDITS.—Section 47124 is PORT PLANS.—Not later than 90 days after et of the planned use of the insecticide, in- amended by adding at the end the following: the date of enactment of this section, each cluding the name of the insecticide.’’. ‘‘(c) SAFETY AUDITS.—The Secretary shall air carrier providing covered air transpor- (b) CLERICAL AMENDMENT.—The analysis establish uniform standards and require- tation at a large hub airport or medium hub for subtitle VII is amended by inserting after ments for safety assessments of air traffic airport and each operator of a large hub air- the item relating to chapter 421 the fol- control towers that receive funding under port or medium hub airport shall submit to lowing: this section.’’. the Secretary of Transportation for review ‘‘423. Air Passenger Service Improve- SEC. 410. AIRFARES FOR MEMBERS OF THE and approval an emergency contingency plan ments ...... 42301’’. ARMED FORCES. in accordance with the requirements of this (a) FINDINGS.—Congress finds that— (c) PENALTIES.—Section 46301 is amended section. (1) the Armed Forces is comprised of ap- in subsections (a)(1)(A) and (c)(1)(A) by in- ‘‘(b) COVERED AIR TRANSPORTATION DE- proximately 1,400,000 members who are sta- serting ‘‘chapter 423,’’ after ‘‘chapter 421,’’. FINED.—In this section, the term ‘covered air tioned on active duty at more than 6,000 (d) APPLICABILITY OF REQUIREMENTS.—Ex- transportation’ means scheduled passenger military bases in 146 different countries; cept as otherwise specifically provided, the air transportation provided by an air carrier (2) the United States is indebted to the requirements of chapter 423 of title 49, using aircraft with more than 60 seats. members of the Armed Forces, many of United States Code, as added by this section, ‘‘(c) AIR CARRIER PLANS.— whom are in grave danger due to their en- shall begin to apply 60 days after the date of ‘‘(1) PLANS FOR INDIVIDUAL AIRPORTS.—An gagement in, or exposure to, combat; enactment of this Act. air carrier shall submit an emergency con- (3) military service, especially in the cur- SEC. 407. CONTENTS OF COMPETITION PLANS. tingency plan under subsection (a) for— rent war against terrorism, often requires Section 47106(f)(2) is amended— ‘‘(A) each large hub airport and medium members of the Armed Forces to be sepa- (1) by striking ‘‘patterns of air service,’’; hub airport at which the carrier provides rated from their families on short notice, for (2) by inserting ‘‘and’’ before ‘‘whether’’; covered air transportation; and long periods of time, and under very stressful and ‘‘(B) each large hub airport and medium conditions; (3) by striking ‘‘ , and airfare levels’’ and hub airport at which the carrier has flights (4) the unique demands of military service all that follows before the period. for which it has primary responsibility for often preclude members of the Armed Forces inventory control. SEC. 408. EXTENSION OF COMPETITIVE ACCESS from purchasing discounted advance airline REPORTS. ‘‘(2) CONTENTS.—An emergency contin- tickets in order to visit their loved ones at gency plan submitted by an air carrier for an Section 47107(s)(3) is amended by striking ‘‘2008’’ and inserting ‘‘2012’’. home; and airport under subsection (a) shall contain a (5) it is the patriotic duty of the people of SEC. 409. CONTRACT TOWER PROGRAM. description of how the air carrier will— the United States to support the members of (a) COST-BENEFIT REQUIREMENT.—Section ‘‘(A) provide food, water, restroom facili- the Armed Forces who are defending the Na- 47124(b) is amended— ties, cabin ventilation, and access to medical tion’s interests around the world at great (1) by striking ‘‘(1) The Secretary’’ and in- treatment for passengers onboard an aircraft personal sacrifice. serting the following: at the airport that is on the ground for an (b) SENSE OF CONGRESS.—It is the sense of ‘‘(1) CONTRACT TOWER PROGRAM.— extended period of time without access to Congress that each United States air carrier ‘‘(A) CONTINUATION AND EXTENSION.—The the terminal; and should— Secretary’’; ‘‘(B) share facilities and make gates avail- (1) establish for all members of the Armed (2) by adding at the end of paragraph (1) able at the airport in an emergency. Forces on active duty reduced air fares that the following: ‘‘(d) AIRPORT PLANS.—An emergency con- are comparable to the lowest airfare for ‘‘(B) SPECIAL RULE.—If the Secretary deter- tingency plan submitted by an airport oper- ticketed flights; and mines that a tower already operating under ator under subsection (a) shall contain a de- (2) offer flexible terms that allow members the program continued under this paragraph scription of how the airport operator, to the of the Armed Forces on active duty to pur- has a benefit to cost ratio of less than 1.0, maximum extent practicable, will provide chase, modify, or cancel tickets without the airport sponsor or State or local govern- for the sharing of facilities and make gates time restrictions, fees, and penalties. available at the airport in an emergency. ment having jurisdiction over the airport SEC. 411. MEDICAL OXYGEN AND PORTABLE RES- PDATES shall not be required to pay the portion of ‘‘(e) U .— PIRATORY ASSISTIVE DEVICES. the costs that exceeds the benefit for a pe- ‘‘(1) AIR CARRIERS.—An air carrier shall up- Not later than December 31, 2007, the Sec- riod of 18 months after such determination is date the emergency contingency plan sub- retary of Transportation shall issue a final made. mitted by the air carrier under subsection rule regarding the carriage and use of pas- ‘‘(C) USE OF EXCESS FUNDS.—If the Sec- (a) every 3 years and submit the update to senger-owned portable electronic respiratory retary finds that all or part of an amount the Secretary for review and approval. assistive devices and carrier-supplied med- IRPORTS.—An airport operator shall made available to carry out the program ‘‘(2) A ical oxygen devices aboard commercial update the emergency contingency plan sub- continued under this paragraph is not re- flights to improve accommodations in air mitted by the airport operator under sub- quired during a fiscal year, the Secretary travel for passengers with respiratory dis- section (a) every 5 years and submit the up- may use, during such fiscal year, the amount abilities. date to the Secretary for review and ap- not so required to carry out the program es- proval. tablished under paragraph (3).’’; and TITLE V—ENVIRONMENTAL ‘‘(f) APPROVAL.—The Secretary shall re- (3) by striking ‘‘(2) The Secretary’’ and in- STEWARDSHIP AND STREAMLINING view and approve emergency contingency serting the following: SEC. 501. AMENDMENTS TO AIR TOUR MANAGE- plans submitted under subsection (a) and up- ‘‘(2) GENERAL AUTHORITY.—The Secretary’’. MENT PROGRAM. dates submitted under subsection (e) to en- (b) CONTRACT AIR TRAFFIC CONTROL TOWER Section 40128 is amended— sure that the plans and updates will effec- COST-SHARING PROGRAM.— (1) in subsection (a)(1)(C) by inserting ‘‘or tively address emergencies and provide for (1) FUNDING.—Section 47124(b)(3)(E) is voluntary agreement under subsection the health and safety of passengers. amended— (b)(7)’’ before ‘‘for the park’’;

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.029 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN H10664 CONGRESSIONAL RECORD — HOUSE September 20, 2007 (2) in subsection (a) by adding at the end (4) in subsection (c) by striking paragraph tion, that is responsible for issuing an ap- the following: (2)(I) and inserting the following: proval, license, or permit to ensure compli- ‘‘(5) EXEMPTION.— ‘‘(I) may allow for modifications of the in- ance with a Federal environmental require- ‘‘(A) IN GENERAL.—Notwithstanding para- terim operating authority without further ment applicable to a project or activity to be graph (1), a national park that has 50 or environmental review beyond that described carried out by a State using amounts from a fewer commercial air tour flights a year in this section if— block grant made under this section shall— shall be exempt from the requirements of ‘‘(i) adequate information regarding the ‘‘(1) coordinate and consult with the State; this section, except as provided in subpara- operator’s existing and proposed operations ‘‘(2) use the environmental analysis pre- graph (B). under the interim operating authority is pro- pared by the State for the project or activity ‘‘(B) WITHDRAWAL OF EXEMPTION.—If the vided to the Administrator and the Director; if such analysis is adequate; and Director determines that an air tour man- ‘‘(ii) the Administrator determines that ‘‘(3) supplement such analysis, as nec- agement plan or voluntary agreement is nec- there would be no adverse impact on avia- essary, to meet applicable Federal require- essary to protect park resources and values tion safety or the air traffic control system; ments.’’. or park visitor use and enjoyment, the Direc- and SEC. 503. AIRPORT FUNDING OF SPECIAL STUD- tor shall withdraw the exemption of a park ‘‘(iii) the Director agrees with the modi- IES OR REVIEWS. under subparagraph (A). fication, based on the Director’s professional Section 47173(a) is amended by striking ‘‘(C) LIST OF PARKS.—The Director shall in- expertise regarding the protection of the ‘‘services of consultants in order to’’ and all form the Administrator, in writing, of each park resources and values and visitor use that follows through the period at the end determination under subparagraph (B). The and enjoyment.’’; and inserting ‘‘services of consultants— Director and Administrator shall publish an (5) in subsection (c)(3)(A) by striking ‘‘if ‘‘(1) to facilitate the timely processing, re- annual list of national parks that are cov- the Administrator determines’’ and all that view, and completion of environmental ac- ered by the exemption provided by this para- follows through the period at the end and in- tivities associated with an airport develop- graph. serting ‘‘without further environmental ment project; ‘‘(D) ANNUAL REPORT.—A commercial air process beyond that described in this para- ‘‘(2) to conduct special environmental stud- tour operator conducting commercial air graph if— ies related to an airport project funded with tours in a national park that is exempt from ‘‘(i) adequate information on the operator’s Federal funds; the requirements of this section shall submit proposed operations is provided to the Ad- ‘‘(3) to conduct special studies or reviews to the Administrator and the Director an an- ministrator and the Director by the operator to support approved noise compatibility nual report regarding the number of com- making the request; measures described in part 150 of title 14, mercial air tour flights it conducts each year ‘‘(ii) the Administrator agrees that there Code of Federal Regulations; or in such park.’’; would be no adverse impact on aviation safe- ‘‘(4) to conduct special studies or reviews (3) in subsection (b) by adding at the end ty or the air traffic control system; and to support environmental mitigation in a the following: ‘‘(iii) the Director agrees, based on the Di- record of decision or finding of no significant ‘‘(7) VOLUNTARY AGREEMENTS.— rector’s professional expertise regarding the impact by the Federal Aviation Administra- ‘‘(A) IN GENERAL.—As an alternative to an protection of park resources and values and tion.’’. air tour management plan, the Director and visitor use and enjoyment.’’; and SEC. 504. GRANT ELIGIBILITY FOR ASSESSMENT the Administrator may enter into a vol- (6) by redesignating subsections (d), (e), OF FLIGHT PROCEDURES. untary agreement with a commercial air and (f) as subsections (e), (f), and (g), respec- Section 47504 is amended by adding at the tour operator (including a new entrant appli- tively; and end the following: cant and an operator that has interim oper- (7) by inserting after subsection (c) the fol- ‘‘(e) GRANTS FOR ASSESSMENT OF FLIGHT ating authority) that has applied to conduct lowing: PROCEDURES.— air tour operations over a national park to ‘‘(d) COMMERCIAL AIR TOUR OPERATOR RE- ‘‘(1) IN GENERAL.—In accordance with sub- manage commercial air tour operations over PORTS.— section (c)(1), the Secretary may make a such national park. ‘‘(1) REPORT.—Each commercial air tour grant to an airport operator to assist in com- pleting environmental review and assess- ‘‘(B) PARK PROTECTION.—A voluntary operator providing a commercial air tour agreement under this paragraph with respect over a national park under interim operating ment activities for proposals to implement to commercial air tour operations over a na- authority granted under subsection (c) or in flight procedures at such airport that have tional park shall address the management accordance with an air tour management been approved as part of an airport noise issues necessary to protect the resources of plan under subsection (b) shall submit a re- compatibility program under subsection (b). such park and visitor use of such park with- port to the Administrator and Director re- ‘‘(2) ADDITIONAL STAFF.—The Adminis- out compromising aviation safety or the air garding the number of its commercial air trator may accept funds from an airport op- traffic control system and may— tour operations over each national park and erator, including funds provided to the oper- ‘‘(i) include provisions such as those de- such other information as the Administrator ator under paragraph (1), to hire additional scribed in subparagraphs (B) through (E) of and Director may request in order to facili- staff or obtain the services of consultants in paragraph (3); tate administering the provisions of this sec- order to facilitate the timely processing, re- ‘‘(ii) include provisions to ensure the sta- tion. view, and completion of environmental ac- bility of, and compliance with, the voluntary ‘‘(2) REPORT SUBMISSION.—Not later than 3 tivities associated with proposals to imple- agreement; and months after the date of enactment of the ment flight procedures at such airport that ‘‘(iii) provide for fees for such operations. FAA Reauthorization Act of 2007, the Admin- have been approved as part of an airport noise compatibility program under sub- ‘‘(C) PUBLIC.—The Director and the Admin- istrator and Director shall jointly issue an istrator shall provide an opportunity for initial request for reports under this sub- section (b). public review of a proposed voluntary agree- section. The reports shall be submitted to ‘‘(3) RECEIPTS CREDITED AS OFFSETTING COL- ment under this paragraph and shall consult the Administrator and Director on a fre- LECTIONS.—Notwithstanding section 3302 of with any Indian tribe whose tribal lands are, quency and in a format prescribed by the Ad- title 31, any funds accepted under this sec- or may be, flown over by a commercial air ministrator and Director.’’. tion— tour operator under a voluntary agreement SEC. 502. STATE BLOCK GRANT PROGRAM. ‘‘(A) shall be credited as offsetting collec- tions to the account that finances the activi- under this paragraph. After such opportunity (a) GENERAL REQUIREMENTS.—Section for public review and consultation, the vol- 47128(a) is amended— ties and services for which the funds are ac- untary agreement may be implemented (1) in the first sentence by striking ‘‘pre- cepted; without further administrative or environ- scribe regulations’’ and inserting ‘‘issue ‘‘(B) shall be available for expenditure only mental process beyond that described in this guidance’’; and to pay the costs of activities and services for subsection. (2) in the second sentence by striking ‘‘reg- which the funds are accepted; and ‘‘(C) shall remain available until ex- ‘‘(D) TERMINATION.—A voluntary agree- ulations’’ and inserting ‘‘guidance’’. pended.’’. ment under this paragraph may be termi- (b) APPLICATIONS AND SELECTION.—Section nated at any time at the discretion of the Di- 47128(b)(4) is amended by inserting before the SEC. 505. CLEEN RESEARCH, DEVELOPMENT, AND rector or the Administrator if the Director semicolon the following: ‘‘, including the Na- IMPLEMENTATION PARTNERSHIP. determines that the agreement is not ade- tional Environmental Policy Act of 1969 (42 (a) COOPERATIVE AGREEMENT.—Subchapter quately protecting park resources or visitor U.S.C. 4321 et seq.), State and local environ- I of chapter 475 is amended by adding at the experiences or the Administrator determines mental policy acts, Executive Orders, agency end the following: that the agreement is adversely affecting regulations and guidance, and other Federal ‘‘§ 47511. CLEEN research, development, and aviation safety or the national aviation sys- environmental requirements’’. implementation partnership tem. If a voluntary agreement for a national (c) ENVIRONMENTAL ANALYSIS AND COORDI- ‘‘(a) IN GENERAL.—The Administrator of park is terminated, the operators shall con- NATION REQUIREMENTS.—Section 47128 is the Federal Aviation Administration, in co- form to the requirements for interim oper- amended by adding at the end the following: ordination with the Administrator of the Na- ating authority under subsection (c) until an ‘‘(d) ENVIRONMENTAL ANALYSIS AND COORDI- tional Aeronautics and Space Administra- air tour management plan for the park is in NATION REQUIREMENTS.—A Federal agency, tion, shall enter into a cooperative agree- effect.’’; other than the Federal Aviation Administra- ment, using a competitive process, with an

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.029 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10665 institution, entity, or consortium to carry subsection (a) to or from an airport in the water quality impacts either on an absolute out a program for the development, matur- contiguous United States by granting a spe- basis or on a per dollar of funds expended ing, and certification of CLEEN engine and cial flight authorization for one or more of basis; and airframe technology for aircraft over the the following circumstances: (2) be implemented by an eligible consor- next 10 years. ‘‘(1) To sell, lease, or use the aircraft out- tium. ‘‘(b) CLEEN ENGINE AND AIRFRAME TECH- side the 48 contiguous States. (e) FEDERAL SHARE.—Notwithstanding any NOLOGY DEFINED.—In this section, the term ‘‘(2) To scrap the aircraft. provision of subchapter I of chapter 471 of ‘CLEEN engine and airframe technology’ ‘‘(3) To obtain modifications to the aircraft such title, the United States Government means continuous lower energy, emissions, to meet stage 3 noise levels. share of allowable project costs of an envi- and noise engine and airframe technology. ‘‘(4) To perform scheduled heavy mainte- ronmental mitigation demonstration project ‘‘(c) PERFORMANCE OBJECTIVE.—The Ad- nance or significant modifications on the carried out under this section shall be 50 per- ministrator of the Federal Aviation Admin- aircraft at a maintenance facility located in cent. istration, in coordination with the Adminis- the contiguous 48 States. (f) MAXIMUM AMOUNT.—The Secretary may trator of the National Aeronautics and Space ‘‘(5) To deliver the aircraft to an operator not make grants for a single environmental Administration, shall establish the following leasing the aircraft from the owner or return mitigation demonstration project under this performance objectives for the program, to the aircraft to the lessor. section in a total amount that exceeds be achieved by September 30, 2015: ‘‘(6) To prepare, park, or store the aircraft $2,500,000. ‘‘(1) Development of certifiable aircraft in anticipation of any of the activities de- (g) PUBLICATION OF INFORMATION.—The Sec- technology that reduces greenhouse gas scribed in paragraphs (1) through (5). retary may develop and publish information emissions by increasing aircraft fuel effi- ‘‘(7) To provide transport of persons and on the results of environmental mitigation ciency by 25 percent relative to 1997 subsonic goods in the relief of emergency situations. demonstration projects carried out under jet aircraft technology. ‘‘(8) To divert the aircraft to an alternative this section, including information identi- ‘‘(2) Development of certifiable engine air port in the 48 contiguous States on ac- fying best practices for reducing or miti- technology that reduces landing and takeoff count of weather, mechanical, fuel, air traf- gating aviation impacts on noise, air qual- cycle nitrogen oxide emissions by 50 percent, fic control, or other safety reasons while ity, or water quality in the vicinity of air- without increasing other gaseous or particle conducting a flight in order to perform any ports. (h) DEFINITIONS.—In this section, the fol- emissions, over the International Civil Avia- of the activities described in paragraphs (1) lowing definitions apply: tion Organization standard adopted in 2004. through (7). (1) ELIGIBLE CONSORTIUM.—The term ‘‘eligi- ‘‘(3) Development of certifiable aircraft ‘‘(d) STATUTORY CONSTRUCTION.—Nothing technology that reduces noise levels by 10 in the section may be construed as inter- ble consortium’’ means a consortium of 2 or decibels at each of the 3 certification points fering with, nullifying, or otherwise affect- more of the following entities: relative to 1997 subsonic jet aircraft tech- ing determinations made by the Federal (A) A business incorporated in the United nology. Aviation Administration, or to be made by States. ‘‘(4) Determination of the feasibility of the the Administration, with respect to applica- (B) A public or private educational or re- use of alternative fuels in aircraft systems, tions under part 161 of title 14, Code of Fed- search organization located in the United including successful demonstration and eral Regulations, that were pending on the States. quantification of the benefits of such fuels. date of enactment of this section.’’. (C) An entity of a State or local govern- ‘‘(5) Determination of the extent to which (b) CONFORMING AMENDMENTS.— ment. new engine and aircraft technologies may be (1) Section 47531 is amended— (D) A Federal laboratory. used to retrofit or re-engine aircraft to in- (A) in the section heading by striking ‘‘for (2) ENVIRONMENTAL MITIGATION DEMONSTRA- crease the integration of retrofitted and re- violating sections 47528–47530’’; and TION PROJECT.—The term ‘‘environmental engined aircraft into the commercial fleet. (B) by striking ‘‘47529, or 47530’’ and insert- mitigation demonstration project’’ means a ‘‘(d) FUNDING.—Of amounts appropriated ing ‘‘47529, 47530, or 47534’’. project that— under section 48102(a), not more than the fol- (2) Section 47532 is amended by inserting (A) demonstrates at a public-use airport lowing amounts may be used to carry out ‘‘or 47534’’ after ‘‘47528–47531’’. environmental mitigation techniques or this section: (3) The analysis for chapter 475 is amend- technologies with associated benefits, which ‘‘(1) $6,000,000 for fiscal year 2008. ed— have already been proven in laboratory dem- ‘‘(2) $22,000,000 for fiscal year 2009. (A) by striking the item relating to section onstrations; ‘‘(3) $33,000,000 for fiscal year 2010. 47531 and inserting the following: (B) utilizes methods for efficient adapta- tion or integration of innovative concepts to ‘‘(4) $50,000,000 for fiscal year 2011. ‘‘47531. Penalties.’’; and ‘‘(e) REPORT.—Beginning in fiscal year 2009, airport operations; and (B) by inserting after the item relating to (C) demonstrates whether a technique or the Administrator of the Federal Aviation section 47533 the following: Administration shall publish an annual re- technology for environmental mitigation port on the program established under this ‘‘47534. Prohibition on operating certain air- identified in research is— section until completion of the program.’’. craft weighing 75,000 pounds or (i) practical to implement at or near mul- (b) CLERICAL AMENDMENT.—The analysis less not complying with stage 3 tiple public-use airports; and for such subchapter is amended by adding at noise levels.’’. (ii) capable of reducing noise, airport emis- the end the following: SEC. 507. ENVIRONMENTAL MITIGATION PILOT sions, greenhouse gas emissions, or water PROGRAM. quality impacts in measurably significant ‘‘47511. CLEEN research, development, and (a) ESTABLISHMENT.—The Secretary of amounts. implementation partnership.’’. Transportation shall establish a pilot pro- SEC. 508. AIRCRAFT DEPARTURE QUEUE MAN- SEC. 506. PROHIBITION ON OPERATING CERTAIN gram to carry out not more than 6 environ- AGEMENT PILOT PROGRAM. AIRCRAFT WEIGHING 75,000 POUNDS mental mitigation demonstration projects at (a) IN GENERAL.—The Secretary of Trans- OR LESS NOT COMPLYING WITH STAGE 3 NOISE LEVELS. public-use airports. portation shall carry out a pilot program at (b) GRANTS.—In implementing the pro- not more than 5 public-use airports under (a) IN GENERAL.—Subchapter II of chapter gram, the Secretary may make a grant to 475 is amended by adding at the end the fol- which the Federal Aviation Administration the sponsor of a public-use airport from lowing: shall use funds made available under section funds apportioned under section 48101(a) to test air traffic flow management ‘‘§ 47534. Prohibition on operating certain air- 47117(e)(1)(A) of title 49, United States Code, tools, methodologies, and procedures that craft weighing 75,000 pounds or less not to carry out an environmental mitigation will allow air traffic controllers of the Ad- complying with stage 3 noise levels demonstration project to measurably reduce ministration to better manage the flow of ‘‘(a) PROHIBITION.—Except as provided in or mitigate aviation impacts on noise, air aircraft on the ground and reduce the length subsection (b), (c), or (d), after December 31, quality, or water quality in the vicinity of of ground holds and idling time for aircraft. 2012, a person may not operate a civil sub- the airport. (b) SELECTION CRITERIA.—In selecting from sonic jet airplane with a maximum weight of (c) ELIGIBILITY FOR PASSENGER FACILITY among airports at which to conduct the pilot 75,000 pounds or less, and for which an air- FEES.—An environmental mitigation dem- program, the Secretary shall give priority worthiness certificate other than an experi- onstration project that receives funds made consideration to airports at which improve- mental certificate has been issued, to or available under this section may be consid- ments in ground control efficiencies are like- from an airport in the United States unless ered an eligible airport-related project for ly to achieve the greatest fuel savings or air the Secretary of Transportation finds that purposes of section 40117 of such title. quality or other environmental benefits, as the aircraft complies with stage 3 noise lev- (d) SELECTION CRITERIA.—In selecting measured by the amount of reduced fuel, re- els. among applicants for participation in the duced emissions, or other environmental ‘‘(b) EXCEPTION.—Subsection (a) shall not program, the Secretary shall give priority benefits per dollar of funds expended under apply to aircraft operated only outside the 48 consideration to applicants proposing to the pilot program. contiguous States. carry out environmental mitigation dem- (c) MAXIMUM AMOUNT.—Not more than a ‘‘(c) EXCEPTIONS.—The Secretary may onstration projects that will— total of $5,000,000 may be expended under the allow temporary operation of an airplane (1) achieve the greatest reductions in air- pilot program at any single public-use air- otherwise prohibited from operation under craft noise, airport emissions, or airport port.

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(d) REPORT TO CONGRESS.—Not later than 3 Act, the Administrator of the FAA shall sub- ‘‘(v) DECISIONS.—The arbitration board years after the date of the enactment of this mit to Congress a report on the results of the shall render its decision within 90 days after section, the Secretary shall submit to the review. The report shall include any rec- the date of its appointment. Decisions of the Committee on Transportation and Infra- ommendations developed as a result of the arbitration board shall be conclusive and structure of the House of Representatives review and, if a transfer of responsibilities is binding upon the parties. and the Committee on Commerce, Science, recommended, a description of the steps and ‘‘(vi) COSTS.—The parties shall share costs and Transportation of the Senate a report timeline for implementation of the transfer. of the arbitration equally. containing— (d) DEFINITIONS.—In this section, the fol- ‘‘(3) RATIFICATION OF AGREEMENTS.—Upon (1) an evaluation of the effectiveness of the lowing definitions apply: reaching a voluntary agreement or at the pilot program, including an assessment of (1) EPA.—The term ‘‘EPA’’ means the En- conclusion of the binding arbitration under the tools, methodologies, and procedures vironmental Protection Agency. paragraph (2)(B), the final agreement, except that provided the greatest fuel savings and (2) FAA.—The term ‘‘FAA’’ means the Fed- for those matters decided by an arbitration air quality and other environmental bene- eral Aviation Administration. board, shall be subject to ratification by the fits, and any impacts on safety, capacity, or TITLE VI—FAA EMPLOYEES AND exclusive bargaining representative of the efficiency of the air traffic control system or ORGANIZATION employees, if so requested by the bargaining the airports at which affected aircraft were SEC. 601. FEDERAL AVIATION ADMINISTRATION representative, and approval by the head of operating; PERSONNEL MANAGEMENT SYSTEM. the agency in accordance with the provisions (2) an identification of anticipated benefits (a) DISPUTE RESOLUTION.—Section 40122(a) referred to in subsection (g)(2)(C). from implementation of the tools, meth- is amended— ‘‘(4) ENFORCEMENT.— odologies, and procedures developed under (1) by redesignating paragraphs (3) and (4) ‘‘(A) ENFORCEMENT ACTIONS IN UNITED the pilot program at other airports; as paragraphs (5) and (6), respectively; and STATES COURTS.—Each United States district (3) a plan for implementing the tools, (2) by striking paragraph (2) and inserting court and each United States court of a place methodologies, and procedures developed the following: subject to the jurisdiction of the United under the pilot program at other airports or ‘‘(2) DISPUTE RESOLUTION.— States shall have jurisdiction of enforcement the Secretary’s reasons for not imple- ‘‘(A) MEDIATION.—If the Administrator actions brought under this section. Such an menting such measures at other airports; does not reach an agreement under para- action may be brought in any judicial dis- and graph (1) or the provisions referred to in sub- trict in the State in which the violation of (4) such other information as the Secretary section (g)(2)(C) with the exclusive bar- this section is alleged to have been com- considers appropriate. gaining representative of the employees, the mitted, the judicial district in which the SEC. 509. HIGH PERFORMANCE AND SUSTAIN- Administrator and the bargaining represent- Federal Aviation Administration has its ABLE AIR TRAFFIC CONTROL FA- ative— principal office, or the District of Columbia. CILITIES. ‘‘(i) shall use the services of the Federal ‘‘(B) ATTORNEY FEES.—The court may as- (a) IN GENERAL.—The Administrator of the Mediation and Conciliation Service to at- sess against the Federal Aviation Adminis- Federal Aviation Administration shall im- tempt to reach such agreement in accord- tration reasonable attorney fees and other plement, to the maximum extent prac- ance with part 1425 of title 29, Code of Fed- litigation costs reasonably incurred in any ticable, sustainable practices for the incor- eral Regulations (as in effect on the date of case under this section in which the com- poration of energy-efficient design, equip- enactment of the FAA Reauthorization Act plainant has substantially prevailed.’’. ment, systems, and other measures in the of 2007); or (b) APPLICATION.—On and after the date of construction and major renovation of air ‘‘(ii) may by mutual agreement adopt al- enactment of this Act, any changes imple- traffic control facilities of the Administra- ternative procedures for the resolution of mented by the Administrator of the Federal tion in order to reduce energy consumption disputes or impasses arising in the negotia- Aviation Administration on and after July and improve the environmental performance tion of the collective-bargaining agreement. 10, 2005, under section 40122(a) of title 49, of such facilities. ‘‘(B) BINDING ARBITRATION.— United States Code (as in effect on the day (b) AUTHORIZATION.—Of amounts appro- ‘‘(i) ASSISTANCE FROM FEDERAL SERVICE IM- before such date of enactment), without the priated under section 48101(a) of title 49, agreement of the exclusive bargaining rep- United States Code, such sums as may be PASSES PANEL.—If the services of the Federal Mediation and Conciliation Service under resentative of the employees of the Adminis- necessary may be used to carry out this sec- tration certified under section 7111 of title 5, tion. subparagraph (A)(i) do not lead to an agree- ment, the Administrator and the exclusive United States Code, shall be null and void SEC. 510. REGULATORY RESPONSIBILITY FOR and the parties shall be governed by their AIRCRAFT ENGINE NOISE AND EMIS- bargaining representative of the employees SIONS STANDARDS. (in this subparagraph referred to as the ‘par- last mutual agreement before the implemen- (a) INDEPENDENT REVIEW.—The Adminis- ties’) shall submit their issues in con- tation of such changes. The Administrator trator of the FAA shall make appropriate ar- troversy to the Federal Service Impasses and the bargaining representative shall re- rangements for the National Academy of Panel. The Panel shall assist the parties in sume negotiations promptly, and, subject to Public Administration or another qualified resolving the impasse by asserting jurisdic- subsection (c), their last mutual agreement independent entity to review, in consulta- tion and ordering binding arbitration by a shall be in effect until a new contract is tion with the FAA and the EPA, whether it private arbitration board consisting of 3 adopted by the Administrator and the bar- is desirable to locate the regulatory respon- members. gaining representative. If an agreement is sibility for the establishment of engine noise ‘‘(ii) APPOINTMENT OF ARBITRATION not reached within 45 days after the date on and emissions standards for civil aircraft BOARD.—The Executive Director of the Panel which negotiations resume, the Adminis- within one of the agencies. shall provide for the appointment of the 3 trator and the bargaining representative (b) CONSIDERATIONS.—The review shall be members of a private arbitration board shall submit their issues in controversy to conducted so as to take into account— under clause (i) by requesting the Director of the Federal Service Impasses Panel in ac- (1) the interrelationships between aircraft the Federal Mediation and Conciliation cordance with section 7119 of title 5, United engine noise and emissions; Service to prepare a list of not less than 15 States Code, for binding arbitration in ac- (2) the need for aircraft engine noise and names of arbitrators with Federal sector ex- cordance with paragraphs (2)(B), (3), and (4) emissions to be evaluated and addressed in perience and by providing the list to the par- of section 40122(a) of title 49, United States an integrated and comprehensive manner; ties. Within 10 days of receiving the list, the Code (as amended by subsection (a) of this (3) the scientific expertise of the FAA and parties shall each select one person from the section). the EPA to evaluate aircraft engine emis- list. The 2 arbitrators selected by the parties (c) SAVINGS CLAUSE.—All cost of living ad- sions and noise impacts on the environment; shall then select a third person from the list justments and other pay increases, lump sum (4) expertise to interface environmental within 7 days. If either of the parties fails to payments to employees, and leave and other performance with ensuring the highest safe select a person or if the 2 arbitrators are un- benefit accruals implemented as part of the and reliable engine performance of aircraft able to agree on the third person within 7 changes referred to in subsection (b) may not in flight; days, the parties shall make the selection by be reversed unless such reversal is part of (5) consistency of the regulatory responsi- alternately striking names on the list until the calculation of back pay under subsection bility with other missions of the FAA and one arbitrator remains. (d). The Administrator shall waive any over- the EPA; ‘‘(iii) FRAMING ISSUES IN CONTROVERSY.—If payment paid to, and not collect any funds (6) past effectiveness of the FAA and the the parties do not agree on the framing of for such overpayment, from former employ- EPA in carrying out the aviation environ- the issues to be submitted for arbitration, ees of the Administration who received lump mental responsibilities assigned to the agen- the arbitration board shall frame the issues. sum payments prior to their separation from cy; and ‘‘(iv) HEARINGS.—The arbitration board the Administration. (7) the international responsibility to rep- shall give the parties a full and fair hearing, (d) BACK PAY.— resent the United States with respect to including an opportunity to present evidence (1) IN GENERAL.—Employees subject to both engine noise and emissions standards in support of their claims and an oppor- changes referred to in subsection (b) that are for civil aircraft tunity to present their case in person, by determined to be null and void under sub- (c) REPORT TO CONGRESS.—Not later than 6 counsel, or by other representative as they section (b) shall be eligible for pay that the months after the date of enactment of this may elect. employees would have received under the

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.029 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10667 last mutual agreement between the Adminis- date of enactment of this Act, the Adminis- technical specialists and operational support trator and the exclusive bargaining rep- trator of the Federal Aviation Administra- positions in the Flight Standards Service to resentative of such employees before the tion shall make appropriate arrangements the levels necessary, as determined by the date of enactment of this Act and any for the National Academy of Sciences to con- Administrator, to ensure the most efficient changes were implemented without agree- duct a study of the assumptions and methods and cost-effective use of the aviation safety ment of the bargaining representative. The used by the Federal Aviation Administration inspectors authorized by subsection (a). Administrator shall pay the employees such to estimate staffing needs for FAA systems (c) AUTHORIZATION OF APPROPRIATIONS.—In pay subject to the availability of amounts specialists to ensure proper maintenance and addition to amounts authorized by section appropriated to carry out this subsection. If certification of the national airspace system. 106(k) of title 49, United States Code, there is the appropriated funds do not cover all (2) CONTENTS.—The study shall be con- authorized to be appropriated to carry out claims of the employees for such pay, the ducted so as to provide the following: subsections (a) and (b)— Administrator and the bargaining represent- (A) A suggested method of modifying FAA (1) $58,000,000 for fiscal year 2008; ative, pursuant to negotiations conducted in systems specialists staffing models for appli- (2) $134,000,000 for fiscal year 2009; accordance with section 40122(a) of title 49, cation to current local conditions or apply- (3) $170,000,000 for fiscal year 2010; and United States Code (as amended by sub- ing some other approach to developing an ob- (4) $208,000,000 for fiscal year 2011. section (a) of this section), shall determine jective staffing standard. Such sums shall remain available until ex- the allocation of the appropriated funds (B) The approximate cost and length of pended. among the employees on a pro rata basis. time for developing such models. (d) IMPLEMENTATION OF STAFFING STAND- (2) AUTHORIZATION OF APPROPRIATIONS.— (3) REPORT.—Not later than one year after ARDS.—Notwithstanding any other provision There is authorized to be appropriated the initiation of the arrangements under of this section, upon completion of the flight $20,000,000 to carry out this subsection. subsection (a), the National Academy of standards service staffing model pursuant to (e) INTERIM AGREEMENT.—If the Adminis- Sciences shall submit to Congress a report section 604 of this Act, and validation of the trator and the exclusive bargaining rep- on the results of the study. model by the Administrator, there are au- resentative of the employees subject to the SEC. 604. DESIGNEE PROGRAM. thorized to be appropriated such sums as changes referred to in subsection (b) reach a (a) REPORT.—Not later than 18 months may be necessary to support the number of final and binding agreement with respect to after the date of enactment of this Act, the aviation safety inspectors, safety technical such changes before the date of enactment of Comptroller General shall submit to the specialists, and operation support positions this Act, such agreement shall supersede any Committee on Transportation and Infra- that such model determines are required to changes implemented by the Administrator structure of the House of Representatives meet the responsibilities of the Flight under section 40122(a) of title 49, United and the Committee on Commerce, Science, Standards Service. States Code (as in effect on the day before and Transportation of the Senate a report on SEC. 607. FAA AIR TRAFFIC CONTROLLER STAFF- such date of enactment), without the agree- the status of recommendations made by the ING. ment of the bargaining representative, and Government Accountability Office in its Oc- (a) STUDY BY NATIONAL ACADEMY OF subsections (b) and (c) shall not take effect. tober 2004 report, ‘‘Aviation Safety: FAA SCIENCES.—Not later than 90 days after the SEC. 602. MSPB REMEDIAL AUTHORITY FOR FAA date of enactment of this Act, the Adminis- EMPLOYEES. Needs to Strengthen Management of Its Des- Section 40122(g)(3) of title 49, United States ignee Programs’’ (GAO–05–40). trator of the Federal Aviation Administra- Code, is amended by adding at the end the (b) CONTENTS.—The report shall include— tion shall enter into appropriate arrange- following: ‘‘Notwithstanding any other pro- (1) an assessment of the extent to which ments with the National Academy of vision of law, retroactive to April 1, 1996, the the Federal Aviation Administration has re- Sciences to conduct a study of the assump- Board shall have the same remedial author- sponded to recommendations of the Govern- tions and methods used by the Federal Avia- ity over such employee appeals that it had as ment Accountability Office referred to in tion Administration (in this section referred of March 31, 1996.’’. subsection (a); to as the ‘‘FAA’’) to estimate staffing needs SEC. 603. FAA TECHNICAL TRAINING AND STAFF- (2) an identification of improvements, if for FAA air traffic controllers to ensure the ING. any, that have been made to the designee safe operation of the national airspace sys- (a) STUDY.— programs referred to in the report of the Of- tem. (1) IN GENERAL.—The Comptroller General fice as a result of such recommendations; (b) CONSULTATION.—In conducting the shall conduct a study on the training of the and study, the National Academy of Sciences airway transportation systems specialists of (3) an identification of further action that shall consult with the exclusive bargaining the Federal Aviation Administration (in this is needed to implement such recommenda- representative of employees of the FAA cer- section referred to as ‘‘FAA systems special- tions, improve the Administration’s manage- tified under section 7111 of title 5, United ists’’). ment control of the designee programs, and States Code, the Administrator of the Fed- (2) CONTENTS.—The study shall— increase assurance that designees meet the eral Aviation Administration, and represent- (A) include an analysis of the type of train- Administration’s performance standards. atives of the Civil Aeronautical Medical In- ing provided to FAA systems specialists; SEC. 605. STAFFING MODEL FOR AVIATION SAFE- stitute. (B) include an analysis of the type of train- TY INSPECTORS. (c) CONTENTS.—The study shall include an ing that FAA systems specialists need to be (a) IN GENERAL.—Not later than October 31, examination of representative information proficient on the maintenance of latest tech- 2009, the Administrator of the Federal Avia- on human factors, traffic activity, and the nologies; tion Administration shall develop a staffing technology and equipment used in air traffic (C) include a description of actions that model for aviation safety inspectors. In de- control. the Administration has undertaken to en- veloping the model, the Administrator shall (d) RECOMMENDATIONS AND ESTIMATES.—In sure that FAA systems specialists receive follow the recommendations outlined in the conducting the study, the National Academy up-to-date training on the latest tech- 2007 study released by the National Academy of Sciences shall develop— nologies; of Sciences entitled ‘‘Staffing Standards for (1) recommendations for the development (D) identify the amount and cost of FAA Aviation Safety Inspectors’’ and consult by the FAA of objective staffing standards to systems specialists training provided by ven- with interested persons, including the exclu- maintain the safety and efficiency of the na- dors; sive collective bargaining representative of tional airspace system with current and fu- (E) identify the amount and cost of FAA the aviation safety inspectors. ture projected air traffic levels; and systems specialists training provided by the (b) AUTHORIZATION OF APPROPRIATIONS.— (2) estimates of cost and schedule for the Administration after developing courses for There are authorized to be appropriated such development of such standards by the FAA the training of such specialists; sums as may be necessary to carry out this or its contractors. (F) identify the amount and cost of travel section. (e) REPORT.—Not later than 18 months that is required of FAA systems specialists SEC. 606. SAFETY CRITICAL STAFFING. after the date of enactment of this Act, the in receiving training; and (a) AVIATION SAFETY INSPECTORS.—The Ad- National Academy of Sciences shall submit (G) include a recommendation regarding ministrator of the Federal Aviation Admin- to the Committee on Transportation and In- the most cost-effective approach to pro- istration shall increase the number of avia- frastructure of the House of Representatives viding FAA systems specialists training. tion safety inspectors in the Flight Stand- and the Committee on Commerce, Science, (3) REPORT.—Not later than 1 year after ards Service to not less than— and Transportation of the Senate a report on the date of enactment of this Act, the Comp- (1) ll full-time equivalent positions in the results of the study. troller General shall submit to the Com- fiscal year 2008; SEC. 608. ASSESSMENT OF TRAINING PROGRAMS mittee on Transportation and Infrastructure (2) ll full-time equivalent positions in FOR AIR TRAFFIC CONTROLLERS. of the House of Representatives and the fiscal year 2009; (a) STUDY.—The Administrator of the Fed- Committee on Commerce, Science, and (3) ll full-time equivalent positions in eral Aviation Administration shall conduct a Transportation of the Senate a report on the fiscal year 2010; and study to assess the adequacy of training pro- results of the study. (4) ll full-time equivalent positions in grams for air traffic controllers. (b) WORKLOAD OF SYSTEMS SPECIALISTS.— fiscal year 2011. (b) CONTENTS.—The study shall include— (1) STUDY BY NATIONAL ACADEMY OF (b) OPERATIONAL SUPPORT.—The Adminis- (1) a review of the current training system SCIENCES.—Not later than 90 days after the trator shall increase the number of safety for air traffic controllers;

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.030 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN H10668 CONGRESSIONAL RECORD — HOUSE September 20, 2007 (2) an analysis of the competencies re- ‘‘(II) the amount of any claims pending Department of Justice or the State for other quired of air traffic controllers for successful under such policies as of December 31, 2017; governmental agencies with access to the performance in the current air traffic con- and system. trol environment; ‘‘(III) the cost, as determined by the Sec- ‘‘(3) LIMITATION.—The Administrator may (3) an analysis of competencies required of retary, of administering the provision of in- not use the access authorized under para- air traffic controllers as the Federal Avia- surance policies under this chapter from graph (1) to conduct criminal investigations. tion Administration transitions to the Next September 22, 2001, through December 31, ‘‘(b) DESIGNATED EMPLOYEES.—The Admin- Generation Air Transportation System; and 2017.’’. istrator shall designate, by order, employees (4) an analysis of various training ap- SEC. 702. EXTENSION OF AUTHORITY TO LIMIT of the Administration who shall carry out proaches available to satisfy the controller THIRD PARTY LIABILITY OF AIR the authority described in subsection (a). competencies identified under paragraphs (2) CARRIERS ARISING OUT OF ACTS OF The designated employees may— and (3). TERRORISM. ‘‘(1) have access to and receive criminal (c) REPORT.—Not later than 180 days after Section 44303(b) is amended by striking history, driver, vehicle, and other law en- the date of enactment of this Act, the Ad- ‘‘December 31, 2006’’ and inserting ‘‘Decem- forcement information contained in the law ministrator shall submit to the Committee ber 31, 2012’’. enforcement databases of the Department of on Transportation and Infrastructure of the SEC. 703. CLARIFICATION OF REINSURANCE AU- Justice, or any jurisdiction of a State, in the House of Representatives and the Committee THORITY. same manner as a police officer employed by on Commerce, Science, and Transportation Section 44304 is amended in the second sen- a State or local authority of that State who of the Senate a report on the results of the tence by striking ‘‘the carrier’’ and inserting is certified or commissioned under the laws study. ‘‘any insurance carrier’’. of that State; SEC. 609. COLLEGIATE TRAINING INITIATIVE SEC. 704. USE OF INDEPENDENT CLAIMS ADJUST- ‘‘(2) use any radio, data link, or warning STUDY. ERS. system of the Federal Government, and of Section 44308(c)(1) is amended in the sec- (a) STUDY.—The Administrator of the Fed- any jurisdiction in a State, that provides in- eral Aviation Administration shall conduct a ond sentence by striking ‘‘agent’’ and insert- formation about wanted persons, be-on-the- study on training options for graduates of ing ‘‘agent, or a claims adjuster who is inde- lookout notices, warrant status, or other of- the Collegiate Training Initiative program pendent of the underwriting agent,’’. ficer safety information to which a police of- conducted under section 44506(c) of title 49 SEC. 705. EXTENSION OF PROGRAM AUTHORITY. ficer employed by a State or local authority United States Code. The study shall analyze Section 44310 is amended by striking in that State who is certified or commission the impact of providing as an alternative to ‘‘March 30, 2008’’ and inserting ‘‘September under the laws of that State has access and the current training provided at the Mike 30, 2017’’. in the same manner as such police officer; or Monroney Aeronautical Center of the Ad- TITLE VIII—MISCELLANEOUS ‘‘(3) receive Federal, State, or local govern- ment communications with a police officer ministration a new controller orientation SEC. 801. AIR CARRIER CITIZENSHIP. employed by a State or local authority in session for graduates of such programs at the Section 40102(a)(15) is amended by adding that State in the same manner as a police of- Mike Monroney Aeronautical Center fol- at the end the following: lowed by on-the-job training for newly hired ficer employed by a State or local authority ‘‘For purposes of subparagraph (C), an air air traffic controllers who are graduates of in that State who is commissioned under the carrier shall not be deemed to be under the such program and shall include— laws of that State. actual control of citizens of the United (1) the cost effectiveness of such an alter- ‘‘(c) SYSTEM OF DOCUMENTED CRIMINAL JUS- States unless citizens of the United States native training approach; and TICE INFORMATION DEFINED.—In this section, control all matters pertaining to the busi- (2) the effect that such an alternative the term ‘system of documented criminal ness and structure of the air carrier, includ- training approach would have on the overall justice information’ means any law enforce- ing operational matters such as marketing, quality of training received by graduates of ment database, system, or communication branding, fleet composition, route selection, such programs. containing information concerning identi- pricing, and labor relations.’’. (b) REPORT.—Not later than 180 days after fication, criminal history, arrests, convic- the date of enactment of this Act, the Ad- SEC. 802. DISCLOSURE OF DATA TO FEDERAL tions, arrest warrants, wanted or missing AGENCIES IN INTEREST OF NA- persons, including the National Crime Infor- ministrator shall submit to the Committee TIONAL SECURITY. on Transportation and Infrastructure of the mation Center and its incorporated criminal Section 40119(b) is amended by adding at history databases and the National Law En- House of Representatives and to the Com- the end the following: mittee on Commerce, Science, and Transpor- forcement Telecommunications System.’’. ‘‘(3) LIMITATION ON APPLICABILITY OF FREE- tation of the Senate a report on the results (b) CLERICAL AMENDMENT.—The analysis DOM OF INFORMATION ACT.—Section 552a of for chapter 401 is amended by adding at the of the study. title 5, United States Code, shall not apply end the following: TITLE VII—AVIATION INSURANCE to disclosures that the Administrator of the ‘‘40130. FAA access to criminal history SEC. 701. GENERAL AUTHORITY. Federal Aviation Administration may make from the systems of records of the Adminis- records or databases systems.’’. (a) EXTENSION OF POLICIES.—Section 44302(f)(1) is amended— tration to any Federal law enforcement, in- SEC. 804. CLARIFICATION OF AIR CARRIER FEE DISPUTES. (1) by striking ‘‘August 31, 2006’’ and in- telligence, protective service, immigration, serting ‘‘September 30, 2011’’; and or national security official in order to assist (a) IN GENERAL.—Section 47129 is amend- (2) by striking ‘‘December 31, 2006’’ and in- the official receiving the information in the ed— serting ‘‘September 30, 2017’’. performance of official duties.’’. (1) in the section heading by striking ‘‘air SEC. 803. FAA ACCESS TO CRIMINAL HISTORY ’’ and inserting ‘‘ ’’; (b) SUCCESSOR PROGRAM.—Section 44302(f) carrier carrier RECORDS AND DATABASE SYSTEMS. is amended by adding at the end the fol- (2) in subsection (a) by striking ‘‘(as de- (a) IN GENERAL.—Chapter 401 is amended lowing: fined in section 40102 of this title)’’ and in- by adding at the end the following: serting ‘‘(as such terms are defined in sec- ‘‘(3) SUCCESSOR PROGRAM.— tion 40102)’’; ‘‘(A) IN GENERAL.—After December 31, 2017, ‘‘§ 40130. FAA access to criminal history coverage for the risks specified in a policy records or databases systems (3) in the heading for subsection (d) by striking ‘‘AIR CARRIER’’ and inserting ‘‘AIR that has been extended under paragraph (1) ‘‘(a) ACCESS TO RECORDS OR DATABASES CARRIER AND FOREIGN AIR CARRIER’’; shall be provided in an airline industry spon- SYSTEMS.— (4) in the heading for paragraph (2) of sub- sored risk retention or other risk-sharing ar- ‘‘(1) ACCESS TO INFORMATION.—Notwith- rangement approved by the Secretary. standing section 534 of title 28, and regula- section (d) by striking ‘‘AIR CARRIER’’ and in- serting ‘‘AIR CARRIER AND FOREIGN AIR CAR- ‘‘(B) TRANSFER OF PREMIUMS.— tions issued to implement such section, the RIER’’; ‘‘(i) IN GENERAL.—On December 31, 2017, Administrator of the Federal Aviation Ad- and except as provided in clause (ii), pre- ministration may access a system of docu- (5) by striking ‘‘air carriers’’ each place it miums that are collected by the Secretary mented criminal justice information main- appears and inserting ‘‘air carriers or foreign from the airline industry after September 22, tained by the Department of Justice or by a air carriers’’; 2001, for any policy under this subsection, State but may do so only for the purpose of (6) by striking ‘‘air carrier’’ each place it and interest earned thereon, as determined carrying out civil and administrative respon- appears and inserting ‘‘air carrier or foreign by the Secretary, shall be transferred to an sibilities of the Administration to protect air carrier’’; and airline industry sponsored risk retention or the safety and security of the national air- (7) by striking ‘‘air carrier’s’’ each place it other risk-sharing arrangement approved by space system or to support the missions of appears and inserting ‘‘air carrier’s or for- the Secretary. the Department of Justice, the Department eign air carrier’s’’. ‘‘(ii) DETERMINATION OF AMOUNT TRANS- of Homeland Security, and other law en- (b) CLERICAL AMENDMENT.—The analysis FERRED.—The amount transferred pursuant forcement agencies. for chapter 471 is amended by striking the to clause (i) shall be less— ‘‘(2) RELEASE OF INFORMATION.— In access- item relating to section 47129 and inserting ‘‘(I) the amount of any claims paid out on ing a system referred to in paragraph (1), the the following: such policies from September 22, 2001, Administrator shall be subject to the same ‘‘47129. Resolution of airport-carrier disputes through December 31, 2017; conditions and procedures established by the concerning airport fees.’’.

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0655 E:\CR\FM\A20SE7.030 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10669 SEC. 805. STUDY ON NATIONAL PLAN OF INTE- first paragraph by striking ‘‘, any express eration the benefits, cost, equipment, and GRATED AIRPORT SYSTEMS. company that would have been subject to building requirements for a training center (a) IN GENERAL.—Not later than 90 days subtitle IV of title 49, United States Code, as and whether the benefits of establishing a after the date of enactment of this Act, the of December 31, 1995,,’’. center would be an efficient process for Secretary of Transportation shall initiate a SEC. 807. CONSOLIDATION AND REALIGNMENT training transportation security officers. study to evaluate the formulation of the Na- OF FAA FACILITIES. (c) REPORT.—Not later than one year after tional Plan of Integrated Airport Systems (a) ESTABLISHMENT OF WORKING GROUP.— the date of enactment of this Act, the Sec- (in this section referred to as the ‘‘plan’’) Not later than 9 months after the date of en- retary shall submit to the Committee on under section 47103 of title 49, United States actment of this Act, the Secretary of Trans- Transportation and Infrastructure and the Code. portation shall establish within the FAA a Committee on Homeland Security of the (b) CONTENTS OF STUDY.—The study shall working group to develop criteria and make House of Representatives and the Committee include a review of the following: recommendations for the realignment of on Commerce, Science, and Transportation (1) The criteria used for including airports services and facilities of the FAA to assist in of the Senate a report on the results of the in the plan and the application of such cri- the transition to next generation facilities study. teria in the most recently published version and to help reduce capital, operating, main- SEC. 809. GAO STUDY ON COOPERATION OF AIR- of the plan. tenance, and administrative costs in in- LINE INDUSTRY IN INTERNATIONAL (2) The changes in airport capital needs be- stances in which cost reductions can be im- CHILD ABDUCTION CASES. tween fiscal years 2001 and 2007, as reported plemented without adversely affecting safe- (a) STUDY.—The Comptroller General shall in the plan, as compared with the amounts ty. conduct a study to help determine how the apportioned or otherwise made available to (b) MEMBERSHIP.—The working group shall Federal Aviation Administration (in this individual airports over the same period of be composed of, at a minimum— section referred to as the ‘‘FAA’’) could bet- time. (1) the Administrator of the FAA; ter ensure the collaboration and cooperation (3) A comparison of the amounts received (2) 2 representatives of air carriers; of air carriers and foreign air carriers pro- by airports under the airport improvement (3) 2 representatives of the general aviation viding air transportation and relevant Fed- program in airport apportionments, State community; eral agencies to develop and enforce child apportionments, and discretionary grants (4) 2 representatives of labor unions rep- safety control for adults traveling inter- during such fiscal years with capital needs as resenting employees who work at field facili- nationally with children. reported in the plan. ties of the FAA; and (b) CONTENTS.—In conducting the study, (4) The effect of transfers of airport appor- (5) 2 representatives of the airport commu- the Comptroller General shall examine— tionments under title 49, United States Code. nity. (1) the nature and scope of exit policies and (5) Any other matters pertaining to the (c) REPORT TO CONGRESS CONTAINING REC- procedures of the FAA, air carriers, and for- plan that the Secretary determines appro- OMMENDATIONS OF THE WORKING GROUP.— eign air carriers and how the enforcement of priate. (1) SUBMISSION.—Not later than 6 months such policies and procedures is monitored, (c) REPORT TO CONGRESS.— after convening the working group, the Ad- including ticketing and boarding procedures; (1) SUBMISSION.—Not later than 36 months ministrator shall submit to the Committee (2) the extent to which air carriers and for- after the date of initiation of the study, the on Transportation and Infrastructure of the eign air carriers cooperate in the investiga- Secretary shall submit to the Committee on House of Representatives and the Committee tions of international child abduction cases, Transportation and Infrastructure of the on Commerce, Science, and Transportation including cooperation with the National Cen- House of Representatives and the Committee of the Senate a report containing the cri- ter for Missing and Exploited Children and on Commerce, Science, and Transportation teria and recommendations developed by the relevant Federal, State, and local agencies; of the Senate a report on the results of the working group under this section. (3) any effective practices, procedures, or study. (2) CONTENTS.—The report shall include a lessons learned from the assessment of cur- (2) CONTENTS.—The report shall include— justification for each recommendation to rent practices and procedures of air carriers, (A) the findings of the Secretary on each of consolidate or realign a facility or service foreign air carriers, and operators of other the subjects listed in subsection (b); and a description of the costs and savings as- transportation modes that could improve the (B) recommendations for any changes to sociated with the consolidation or realign- ability of the aviation community to ensure policies and procedures for formulating the ment. the safety of children traveling internation- plan; and (d) PUBLIC NOTICE AND COMMENT.—The Ad- ally with adults and, as appropriate, enhance (C) recommendations for any changes to ministrator shall publish the report sub- the capability of air carriers and foreign air the methods of determining the amounts to mitted under subsection (c) in the Federal carriers to cooperate in the investigations of be apportioned or otherwise made available Register and allow 45 days for the submis- international child abduction cases; and to individual airports. sion of public comments. In addition, the Ad- (4) any liability issues associated with pro- SEC. 806. EXPRESS CARRIER EMPLOYEE PROTEC- ministrator upon request shall hold a public viding assistance in such investigations. TION. hearing in a community that would be af- (c) REPORT.—Not later than one year after (a) IN GENERAL.—Section 201 of the Rail- fected by a recommendation in the report. the date of the enactment of this Act, the way Labor Act (45 U.S.C. 181) is amended— (e) OBJECTIONS.—Any interested person Comptroller General shall submit to Con- (1) by striking ‘‘All’’ and inserting ‘‘(a) IN may file with the Administrator a written gress a report on the results of the study. GENERAL.—All’’; objection to a recommendation of the work- SEC. 810. LOST NATION AIRPORT, OHIO. (2) by inserting ‘‘and every express carrier’’ ing group. (a) APPROVAL OF SALE.—The Secretary of after ‘‘common carrier by air’’; and (f) REPORT TO CONGRESS CONTAINING REC- Transportation may approve the sale of Lost OMMENDATIONS OF THE ADMINISTRATOR.—Not (3) by adding at the end the following: Nation Airport from the city of Willoughby, later than 60 days after the last day of the ‘‘(b) SPECIAL RULES FOR EXPRESS CAR- Ohio, to Lake County, Ohio, if— period for public comment under subsection RIERS.— (1) Lake County meets all applicable re- (d), the Administrator shall submit to the ‘‘(1) IN GENERAL.—An employee of an ex- quirements for sponsorship of the airport; committees referred to in subsection (c)(1) a press carrier shall be covered by this Act and report containing the recommendations of only if that employee is in a position that is (2) Lake County agrees to assume the obli- the Administrator on realignment of services eligible for certification under part 61, 63, or gations and assurances of the grant agree- and facilities of the FAA and copies of any 65 of title 14, Code of Federal Regulations, ments relating to the airport executed by public comments and objections received by and only if that employee performs duties the city of Willoughby under chapter 471 of the Administrator under this section. for the express carrier that are eligible for title 49, United States Code, and to operate (g) LIMITATION ON IMPLEMENTATION OF RE- such certification. All other employees of an ALIGNMENTS AND CONSOLIDATIONS.—The Ad- and maintain the airport in accordance with express carrier shall be covered by the provi- ministrator may not realign or consolidate such obligations and assurances. REATMENT OF PROCEEDS FROM SALE.— sions of the National Labor Relations Act (29 any services or facilities of the FAA before (b) T U.S.C. 151 et seq.). the Administrator has submitted the report The Secretary may grant to the city of ‘‘(2) AIR CARRIER STATUS.—Any person that under subsection (f). Willoughby an exemption from the provi- is an express carrier shall be governed by (h) FAA DEFINED.—In this section, the sions of sections 47107 and 47133 of such title, paragraph (1) notwithstanding any finding term ‘‘FAA’’ means the Federal Aviation Ad- any grant obligations of the city of that the person is also a common carrier by ministration. Willoughby, and regulations and policies of air. SEC. 808. TRANSPORTATION SECURITY ADMINIS- the Federal Aviation Administration to the ‘‘(3) EXPRESS CARRIER DEFINED.—In this TRATION CENTRALIZED TRAINING extent necessary to allow the city of section, the term ‘express carrier’ means any FACILITY FEASIBILITY STUDY. Willoughby to use the proceeds from the sale person (or persons affiliated through com- (a) STUDY.—The Secretary of Homeland Se- approved under subsection (a) for any pur- mon control or ownership) whose primary curity shall carry out a study on the feasi- pose authorized by the city of Willoughby. business is the express shipment of freight or bility of establishing a centralized training SEC. 811. POLLOCK MUNICIPAL AIRPORT, LOU- packages through an integrated network of center for advanced security training by the ISIANA. air and surface transportation.’’. Transportation Security Administration. (a) FINDINGS.—Congress finds that— (b) CONFORMING AMENDMENT.—Section 1 of (b) CONSIDERATIONS.—In conducting the (1) Pollock Municipal Airport located in such Act (45 U.S.C. 151) is amended in the study, the Secretary shall take into consid- Pollock, Louisiana (in this section referred

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.030 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN H10670 CONGRESSIONAL RECORD — HOUSE September 20, 2007 to as the ‘‘airport’’), has never been included Airport Act (as in effect on August 8, 1958), SEC. 904. RESEARCH PROGRAM ON RUNWAYS. in the National Plan of Integrated Airport the United States releases, without mone- (a) RESEARCH PROGRAM.—The Adminis- Systems pursuant to section 47103 of title 49, tary consideration, all restrictions, condi- trator shall maintain a program of research United States Code, and is therefore not con- tions, and limitations on the use, encum- grants to universities and nonprofit research sidered necessary to meet the current or fu- brance, or conveyance of certain land lo- foundations for research and technology ture needs of the national aviation system; cated in the municipality of Anchorage, demonstrations related to— and Alaska, more particularly described as (1) improved runway surfaces; and (2) closing the airport will not adversely Tracts 22 and 24 of the Fourth Addition to (2) engineered material restraining sys- affect aviation safety, aviation capacity, or the Town Site of Anchorage, Alaska, as tems for runways at both general aviation air commerce. shown on the plat of U.S. Survey No. 1456, airports and airports with commercial air (b) REQUEST FOR CLOSURE.— accepted June 13, 1923, on file in the Bureau carrier operations. (1) APPROVAL.—Notwithstanding any other of Land Management, Department of Inte- (b) AUTHORIZATION OF APPROPRIATIONS.— provision of law, requirement, or agreement rior. There is authorized to be appropriated such and subject to the requirements of this sec- (b) GRANTS.—Notwithstanding any other sums as may be necessary for each of the fis- tion, the Administrator of the Federal Avia- provision of law, the municipality of Anchor- cal years 2008 through 2011 to carry out this tion Administration shall— age shall be released from the repayment of section. (A) approve a request from the town of Pol- any outstanding grant obligations owed by SEC. 905. RESEARCH ON DESIGN FOR CERTIFI- lock, Louisiana, to close the airport as a the municipality to the Federal Aviation Ad- CATION. public airport; and ministration with respect to any land de- (a) ESTABLISHMENT OF PROGRAM.—Not later (B) release the town from any term, condi- scribed in subsection (a) that is subsequently than 6 months after the date of enactment of tion, reservation, or restriction contained in conveyed to or used by the Department of this Act, the FAA, in consultation with a surplus property conveyance or transfer Transportation and Public Facilities of the other agencies as appropriate, shall establish document, and from any order or finding by State of Alaska for the construction or re- a research program on methods to improve construction of a federally subsidized high- the Department of Transportation on the use both confidence in and the timeliness of cer- way project. and repayment of airport revenue applicable tification of new technologies for their intro- to the airport, that would otherwise prevent SEC. 815. WILLIAM P. HOBBY AIRPORT, HOUSTON, duction into the national airspace system. TEXAS. the closure of the airport and redevelopment (b) RESEARCH PLAN.—Not later than 1 year It is the sense of Congress that the Na- of the facilities to nonaeronautical uses. after the date of enactment of this Act, as tion— (2) CONTINUED AIRPORT OPERATION PRIOR TO part of the activity described in subsection (1) supports the goals and ideals of the 1940 APPROVAL.—The town of Pollock shall con- (a), the FAA shall develop a plan for the re- Air Terminal Museum located at William P. tinue to operate and maintain the airport search program that contains the objectives, Hobby Airport in the city of Houston, Texas; until the Administrator grants the town’s re- proposed tasks, milestones, and five-year (2) congratulates the city of Houston and quest for closure of the airport. budgetary profile. the 1940 Air Terminal Museum on the 80-year (c) REVIEW.—The Administrator shall have (3) USE OF PROCEEDS FROM SALE OF AIR- history of William P. Hobby Airport and the the National Research Council conduct an PORT.—Upon the approval of the request to vital role of the airport in Houston’s and the close the airport, the town of Pollock shall independent review of the research program Nation’s transportation infrastructure; and obtain fair market value for the sale of the plan and provide the results of that review to (3) recognizes the 1940 Air Terminal Mu- airport property and shall immediately upon the Committee on Science and Technology seum for its importance to the Nation in the receipt transfer all such proceeds from the and the Committee on Transportation and preservation and presentation of civil avia- sale of the airport property to the sponsor of Infrastructure of the House of Representa- tion heritage and recognizes the importance a public airport designated by the Adminis- tives and the Committee on Commerce, of civil aviation to the Nation’s history and trator to be used for the development or im- Science, and Transportation of the Senate economy. provement of such airport. not later than 18 months after the date of en- actment of this Act. (4) RELOCATION OF AIRCRAFT.—Before clo- TITLE IX—FEDERAL AVIATION RESEARCH sure of the airport, the town of Pollock shall AND DEVELOPMENT SEC. 906. CENTERS OF EXCELLENCE. provide adequate time for any airport-based SEC. 901. SHORT TITLE. (a) GOVERNMENT’S SHARE OF COSTS.—Sec- aircraft to relocate. This title may be cited as the ‘‘Federal tion 44513(f) is amended to read as follows: Aviation Research and Development Reau- ‘‘(f) GOVERNMENT’S SHARE OF COSTS.—The SEC. 812. HUMAN INTERVENTION AND MOTIVA- United States Government’s share of estab- TION STUDY PROGRAM. thorization Act of 2007’’. lishing and operating the center and all re- (a) IN GENERAL.—Not later than 6 months SEC. 902. DEFINITIONS. after the date of enactment of this Act, the As used in this title, the following defini- lated research activities that grant recipi- Administrator of the Federal Aviation Ad- tion apply: ents carry out shall not exceed 75 percent of ministration shall develop a human inter- (1) ADMINISTRATOR.—The term ‘‘Adminis- the costs. The United States Government’s vention and motivation study program for trator’’ means the Administrator of the Fed- share of an individual grant under this sec- flight crewmembers involved in air carrier eral Aviation Administration. tion shall not exceed 90 percent of the operations in the United States under part (2) FAA.—The term ‘‘FAA’’ means the Fed- costs.’’. 121 of title 14, Code of Federal Regulations. eral Aviation Administration. (b) ANNUAL REPORT.—The Administrator (b) AUTHORIZATION OF APPROPRIATIONS.— (3) NASA.—The term ‘‘NASA’’ means the shall transmit annually to the Committee on There are authorized to be appropriated to National Aeronautics and Space Administra- Science and Technology and the Committee carry out this section such sums as may be tion. on Transportation and Infrastructure of the House of Representatives and the Committee necessary for each of fiscal years 2008 (4) NATIONAL RESEARCH COUNCIL.—The term through 2011. Such sums shall remain avail- ‘‘National Research Council’’ means the Na- on Commerce, Science, and Transportation able until expended. tional Research Council of the National of the Senate at the time of the President’s SEC. 813. WASHINGTON, D.C., AIR DEFENSE IDEN- Academies of Science and Engineering. budget request a report that lists— TIFICATION ZONE. (5) NOAA.—The term ‘‘NOAA’’ means the (1) the research projects that have been (a) SUBMISSION OF PLAN TO CONGRESS.—Not National Oceanic and Atmospheric Adminis- initiated by each Center of Excellence in the later than 90 days after the date of enact- tration. preceding year; ment of this Act, the Administrator of the (6) NSF.—The term ‘‘NSF’’ means the Na- (2) the amount of funding for each research Federal Aviation Administration, in coordi- tional Science Foundation. project and the funding source; (3) the institutions participating in each nation with Secretary of Homeland Security (7) SECRETARY.—The term ‘‘Secretary’’ and Secretary of Defense, shall submit to the means the Secretary of Transportation. project and their shares of the overall fund- ing for each research project; and Committee on Transportation and Infra- SEC. 903. INTERAGENCY RESEARCH INITIATIVE structure of the House of Representatives ON THE IMPACT OF AVIATION ON (4) the level of cost-sharing for each re- and the Committee on Commerce, Science, THE CLIMATE. search project. and Transportation of the Senate a plan for (a) IN GENERAL.—The Administrator, in co- SEC. 907. AIRPORT COOPERATIVE RESEARCH the Washington, D.C., Air Defense Identifica- ordination with NASA and the United States PROGRAM. tion Zone. Climate Change Science Program, shall es- Section 44511(f) is amended— (b) CONTENTS OF PLAN.—The plan shall out- tablish a research initiative to assess the im- (1) in paragraph (1) by striking ‘‘establish a line specific changes to the Washington, pact of aviation on the climate and, if war- 4-year pilot’’ and inserting ‘‘maintain an’’; D.C., Air Defense Identification Zone that ranted, to evaluate approaches to mitigate and will decrease operational impacts and im- that impact. (2) in paragraph (4)— prove general aviation access to airports in (b) RESEARCH PLAN.—Not later than one (A) by striking ‘‘expiration of the pro- the National Capital Region that are cur- year after the date of enactment of this Act, gram’’ and inserting ‘‘expiration of the pilot rently impacted by the zone. the participating Federal entities shall program’’; and SEC. 814. MERRILL FIELD AIRPORT, ANCHORAGE, jointly develop a plan for the research pro- (B) by striking ‘‘program, including rec- ALASKA. gram that contains the objectives, proposed ommendations as to the need for estab- (a) IN GENERAL.—Notwithstanding any tasks, milestones, and 5-year budgetary pro- lishing a permanent airport cooperative re- other provision of law, including the Federal file. search program’’ and inserting ‘‘program’’.

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.030 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10671 SEC. 908. UNMANNED AIRCRAFT SYSTEMS. or cooperative agreements in carrying out tivities related to space weather and avia- (a) RESEARCH INITIATIVE.—Section 44504(b) this section. tion; and is amended— (c) AUTHORIZATION OF APPROPRIATIONS.—In (D) provide recommendations on how to in- (1) in paragraph (6) by striking ‘‘and’’ after addition to amounts authorized to be appro- tegrate space weather information into the the semicolon; priated by the amendments made by this Next Generation Air Transportation System. (2) in paragraph (7) by striking the period Act, there is authorized to be appropriated (2) REPORT.—A report containing the re- at the end and inserting ‘‘; and’’; and $1,000,000 for each of the fiscal years 2008 sults of the study shall be provided to the (3) by adding at the end the following: through 2011 to carry out this section. Committee on Science and Technology of the ‘‘(8) in conjunction with other Federal SEC. 911. AVIATION GAS RESEARCH AND DEVEL- House of Representatives and the Committee agencies, as appropriate, to develop tech- OPMENT PROGRAM. on Commerce, Science, and Transportation nologies and methods to assess the risk of (a) CONTINUATION OF PROGRAM.—The Ad- of the Senate not later than 1 year after the and prevent defects, failures, and malfunc- ministrator, in coordination with the NASA date of enactment of this Act. tions of products, parts, and processes, for Administrator, shall continue research and SEC. 913. REVIEW OF FAA’S AVIATION SAFETY-RE- use in all classes of unmanned aircraft sys- development activities into technologies for LATED RESEARCH PROGRAMS. tems that could result in a catastrophic fail- modification of existing general aviation pis- (a) REVIEW.—The Administrator shall enter ure of the unmanned aircraft that would en- ton engines to enable their safe operation into an arrangement with the National Re- danger other aircraft in the national air- using unleaded aviation fuel. search Council for an independent review of space system.’’. (b) ROADMAP.—Not later than 120 days the FAA’s aviation safety-related research (b) SYSTEMS, PROCEDURES, FACILITIES, AND after the date of enactment of this Act, the programs. The review shall assess whether— DEVICES.—Section 44505(b) is amended— Administrator shall develop a research and (1) the programs have well-defined, (1) in paragraph (4) by striking ‘‘and’’ after development roadmap for the program con- prioritized, and appropriate research objec- the semicolon; tinued in subsection (a), containing the spe- tives; (2) in paragraph (5)(C) by striking the pe- cific research and development objectives (2) the programs are properly coordinated riod at the end and inserting a semicolon; and the anticipated timetable for achieving with the safety research programs of NASA and the objectives. and other relevant Federal agencies; (3) by adding at the end the following: (c) REPORT.—Not later than 130 days after (3) the programs have allocated appro- ‘‘(6) to develop a better understanding of the date of enactment of this Act, the Ad- priate resources to each of the research ob- the relationship between human factors and ministrator shall provide the roadmap speci- jectives; and unmanned aircraft systems safety; and fied in subsection (b) to the Committee on (4) there exist suitable mechanisms for ‘‘(7) to develop dynamic simulation models Science and Technology of the House of Rep- transitioning the research results from the for integrating all classes of unmanned air- resentatives and the Committee on Com- programs into the FAA’s operational tech- craft systems into the national airspace sys- merce, Science, and Transportation of the nologies and procedures and certification ac- tem without any degradation of existing lev- Senate. tivities in a timely manner. els of safety for all national airspace system (d) AUTHORIZATION OF APPROPRIATIONS.— users.’’. There is authorized to be appropriated (b) AVIATION SAFETY-RELATED RESEARCH SEC. 909. RESEARCH GRANTS PROGRAM INVOLV- $750,000 for each of the fiscal years 2008 PROGRAMS TO BE ASSESSED.—The FAA avia- ING UNDERGRADUATE STUDENTS. through 2010 to carry out this section. tion safety-related research programs to be (a) IN GENERAL.—The Administrator shall SEC. 912. RESEARCH REVIEWS AND ASSESS- assessed under the review shall include, at a establish a program to utilize colleges and MENTS. minimum, the following: universities, including Historically Black (a) REVIEW OF FAA’S ENERGY- AND ENVI- (1) Air traffic control/technical operations Colleges and Universities, Hispanic serving RONMENT-RELATED RESEARCH PROGRAMS.— human factors. institutions, tribally controlled colleges and (1) STUDY.—The Administrator shall enter (2) Runway incursion reduction. universities, and Alaska Native and Native into an arrangement with the National Re- (3) Flightdeck/maintenance system inte- Hawaiian serving institutions in conducting search Council for a review of the FAA’s gration human factors. research by undergraduate students on sub- energy- and environment-related research (4) Airports technology research—safety. jects of relevance to the FAA. Grants may be programs. The review shall assess whether— (5) Airport cooperative research program— awarded under this section for— (A) the programs have well-defined, safety. (1) research projects to be carried out pri- prioritized, and appropriate research objec- (6) Weather program. marily by undergraduate students; tives; (7) Atmospheric hazards/digital system (2) research projects that combine under- (B) the programs are properly coordinated safety. graduate research with other research sup- with the energy- and environment-related re- (8) Fire research and safety. ported by the FAA; search programs of NASA, NOAA, and other (9) Propulsion and fuel systems. (3) research on future training require- relevant agencies; (10) Advanced materials/structural safety. ments related to projected changes in regu- (C) the programs have allocated appro- (11) Aging aircraft. latory requirements for aircraft mainte- priate resources to each of the research ob- (12) Aircraft catastrophic failure preven- nance and power plant licensees; and jectives; and tion research. (4) research on the impact of new tech- (D) there exist suitable mechanisms for (13) Aeromedical research. nologies and procedures, particularly those transitioning the research results into the (14) Aviation safety risk analysis. related to aircraft flight deck and air traffic FAA’s operational technologies and proce- (15) Unmanned aircraft systems research. management functions, and on training re- dures and certification activities. (16) Safe Flight 21—Alaska Capstone. quirements for pilots and air traffic control- (2) REPORT.—A report containing the re- (c) REPORT.—Not later than 14 months lers. sults of the review shall be provided to the after the date of enactment of this Act, the (b) AUTHORIZATION OF APPROPRIATIONS.— Committee on Science and Technology of the Administrator shall submit to Congress a re- There is authorized to be appropriated House of Representatives and the Committee port on the results of the review. $5,000,000 for each of the fiscal years 2008 on Commerce, Science, and Transportation (d) AUTHORIZATION OF APPROPRIATIONS.—In through 2011, for research grants under this of the Senate within 18 months of the enact- addition to amounts authorized to be appro- section. ment of this Act. priated by the amendments made by this SEC. 910. RESEARCH PROGRAM ON SPACE (b) ASSESSMENT OF THE IMPACT OF SPACE Act, there is authorized to be appropriated WEATHER AND AVIATION. WEATHER ON AVIATION.— $700,000 for fiscal year 2008 to carry out this (a) ESTABLISHMENT.—The Administrator (1) STUDY.—The Administrator shall enter section. shall, in coordination with the National into an arrangement with the National Re- Science Foundation, National Aeronautics search Council for a study of the impacts of SEC. 914. RESEARCH PROGRAM ON ALTERNATIVE JET FUEL TECHNOLOGY FOR CIVIL and Space Administration, National Oceanic space weather on the current and future AIRCRAFT. and Atmospheric Administration, and other United States aviation industry, and in par- relevant agencies, initiate a research pro- ticular, to examine the risks for Over-The- (a) ESTABLISHMENT OF RESEARCH PRO- gram to— Pole (OTP) and Ultra-Long-Range (ULR) op- GRAM.—Using amounts made available under (1) conduct or supervise research projects erations. The study shall— section 48102(a) of title 49, United States on impacts of space weather to aviation, in- (A) examine space weather impacts on at Code, the Secretary of Transportation shall cluding communication, navigation, avionic least the following areas: communications, establish a research program related to de- systems, and on airline passengers and per- navigation, avionics, and human health in veloping jet fuel from alternative sources sonnel; and flight; (such as coal, natural gas, biomass, ethanol, (2) facilitate the transfer of technology (B) assess the benefits of space weather in- butanol, and hydrogen) through grants or from space weather research programs to formation and services to reduce aviation other measures authorized under section Federal agencies with operational respon- costs and maintain safety; 106(l)(6) of such title, including reimbursable sibilities and to the private sector. (C) provide recommendations on how agreements with other Federal agencies. (b) USE OF GRANTS OR COOPERATIVE AGREE- NASA, NOAA, and the NSF can most effec- (b) PARTICIPATION BY EDUCATIONAL AND RE- MENTS.—The Administrator may use grants tively carry out research and monitoring ac- SEARCH INSTITUTIONS.—In conducting the

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.030 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN H10672 CONGRESSIONAL RECORD — HOUSE September 20, 2007 program, the Secretary shall provide for par- Revenue Code of 1986 (relating to rates of cents per gallon with respect to any sale or ticipation by educational and research insti- tax) is amended by striking ‘‘and’’ at the end use for commercial aviation).’’. tutions that have existing facilities and ex- of clause (ii), by striking the period at the (e) REFUNDS RELATING TO AVIATION-GRADE perience in the development and deployment end of clause (iii) and inserting ‘‘, and’’, and KEROSENE.— of technology for alternative jet fuels. by adding at the end the following new (1) KEROSENE USED IN COMMERCIAL AVIA- (c) DESIGNATION OF INSTITUTE AS A CENTER clause: TION.—Clause (ii) of section 6427(l)(4)(A) of OF EXCELLENCE.—Not later than 6 months ‘‘(iv) in the case of aviation-grade ker- such Code is amended by striking ‘‘specified after the date of enactment of this Act, the osene, 35.9 cents per gallon.’’. in section 4041(c) or 4081(a)(2)(A)(iii), as the Administrator of the Federal Aviation Ad- (2) AVIATION GASOLINE.—Clause (ii) of sec- case may be,’’ and inserting ‘‘so imposed’’. ministration shall designate an institution tion 4081(a)(2)(A) of such Code is amended by (2) KEROSENE USED IN AVIATION.—Paragraph described in subsection (a) as a Center of Ex- striking ‘‘19.3 cents’’ and inserting ‘‘24.1 (4) of section 6427(l) of such Code is amend- cellence for Alternative Jet Fuel Research. cents’’. ed— SEC. 915. CENTER FOR EXCELLENCE IN AVIATION (3) FUEL REMOVED DIRECTLY INTO FUEL TANK (A) by striking subparagraph (B) and redes- EMPLOYMENT. OF AIRPLANE USED IN NONCOMMERCIAL AVIA- ignating subparagraph (C) as subparagraph (a) ESTABLISHMENT.—The Administrator TION.—Subparagraph (C) of section 4081(a)(2) (B), and shall establish a Center for Excellence in of such Code is amended to read as follows: (B) by amending subparagraph (B), as re- Aviation Employment (in this section re- ‘‘(C) TAXES IMPOSED ON FUEL USED IN COM- designated by subparagraph (A), to read as ferred to as the ‘‘Center’’). MERCIAL AVIATION.— In the case of aviation- follows: (b) APPLIED RESEARCH AND TRAINING.—The grade kerosene which is removed from any ‘‘(B) PAYMENTS TO ULTIMATE, REGISTERED Center shall conduct applied research and refinery or terminal directly into the fuel VENDOR.—With respect to any kerosene used training on— tank of an aircraft for use in commercial in aviation (other than kerosene to which (1) human performance in the air transpor- aviation by a person registered for such use paragraph (6) applies), if the ultimate pur- tation environment; under section 4101, the rate of tax under sub- chaser of such kerosene waives (at such time (2) air transportation personnel, including paragraph (A)(iv) shall be 4.3 cents per gal- and in such form and manner as the Sec- air traffic controllers, pilots, and techni- lon.’’. retary shall prescribe) the right to payment cians; and (4) CONFORMING AMENDMENTS.— under paragraph (1) and assigns such right to (3) any other aviation human resource (A) Clause (iii) of section 4081(a)(2)(A) of the ultimate vendor, then the Secretary issues pertinent to developing and maintain- such Code is amended by inserting ‘‘other shall pay (without interest) the amount ing a safe and efficient air transportation than aviation-grade kerosene’’ after ‘‘ker- which would be paid under paragraph (1) to system. osene’’. such ultimate vendor, but only if such ulti- (c) DUTIES.—The Center shall— (B) The following provisions of such Code mate vendor— (1) in conjunction with the Collegiate are each amended by striking ‘‘kerosene’’ ‘‘(i) is registered under section 4101, and Training Initiative and other air traffic con- and inserting ‘‘aviation-grade kerosene’’: ‘‘(ii) meets the requirements of subpara- troller training programs, develop, imple- (i) Section 4081(a)(3)(A)(ii). graph (A), (B), or (D) of section 6416(a)(1).’’. ment, and evaluate a comprehensive, best- (ii) Section 4081(a)(3)(A)(iv). (3) AVIATION-GRADE KEROSENE NOT USED IN practices based training program for air traf- (iii) Section 4081(a)(3)(D). AVIATION.—Subsection (l) of section 6427 of fic controllers; (C) Section 4081(a)(3)(D) of such Code is such Code is amended by redesignating para- (2) work with the Office of Human Re- amended— graph (5) as paragraph (6) and by inserting source Management of the FAA as that of- (i) by striking ‘‘paragraph (2)(C)(i)’’ in after paragraph (4) the following new para- fice develops and implements a strategic re- clause (i) and inserting ‘‘paragraph (2)(C)’’, graph: cruitment and marketing program to help and ‘‘(5) REFUNDS FOR AVIATION-GRADE KER- the FAA compete for the best qualified em- (ii) by striking ‘‘paragraph (2)(C)(ii)’’ in OSENE NOT USED IN AVIATION.—If tax has been ployees and incorporate an employee value clause (ii) and inserting ‘‘paragraph imposed under section 4081 at the rate speci- proposition process that results in attracting (2)(A)(iv)’’. fied in section 4081(a)(2)(A)(iv) and the fuel is a broad-based and diverse aviation workforce (D) Section 4081(a)(4) of such Code is used other than in an aircraft, the Secretary in mission critical positions, including air amended in the heading by striking ‘‘KER- shall pay (without interest) to the ultimate traffic controller, aviation safety inspector, OSENE’’ and inserting ‘‘AVIATION-GRADE KER- purchaser of such fuel an amount equal to airway transportation safety specialist, and OSENE’’. the amount of tax imposed on such fuel re- engineer; (E) Section 4081(d)(2) of such Code is duced by the amount of tax that would be (3) through industry surveys and other re- amended by inserting ‘‘, (a)(2)(A)(iv),’’ after imposed under section 4041 if no tax under search methodologies and in partnership ‘‘subsections (a)(2)(A)(ii)’’. section 4081 had been imposed.’’. with the ‘‘Taskforce on the Future of the (b) EXTENSION.— (4) CONFORMING AMENDMENTS.— Aerospace Workforce’’ and the Secretary of (1) FUELS TAXES.—Paragraph (2) of section (A) Section 6427(i)(4) of such Code is Labor, establish a baseline of general avia- 4081(d) of such Code is amended by striking amended— tion employment statistics for purposes of ‘‘gallon—’’ and all that follows and inserting (i) by striking ‘‘(4)(C)’’ the first two places projecting and anticipating future workforce ‘‘gallon after September 30, 2011’’. it occurs and inserting ‘‘(4)(B)’’, and needs and demonstrating the economic im- (2) TAXES ON TRANSPORTATION OF PERSONS (ii) by striking ‘‘, (l)(4)(C)(ii), and’’ and in- pact of general aviation employment; AND PROPERTY.— serting ‘‘and’’. (4) conduct a comprehensive analysis of the (A) PERSONS.—Clause (ii) of section (B) Section 4082(d)(2)(B) of such Code is airframe and powerplant technician certifi- 4261(j)(1)(A) of such Code is amended by amended by striking ‘‘6427(l)(5)(B)’’ and in- cation process and employment trends for striking ‘‘September 30, 2007’’ and inserting serting ‘‘6427(l)(6)(B)’’. maintenance repair organization facilities, ‘‘September 30, 2011’’. (f) AIRPORT AND AIRWAY TRUST FUND.— certificated repair stations, and general (B) PROPERTY.—Clause (ii) of section (1) EXTENSION OF TRUST FUND AUTHORI- aviation maintenance organizations; 4271(d)(1)(A) of such Code is amended by TIES.— (5) establish a best practices model in avia- striking ‘‘September 30, 2007’’ and inserting (A) EXPENDITURES FROM TRUST FUND.— tion maintenance technician school environ- ‘‘September 30, 2011’’. Paragraph (1) of section 9502(d) of such Code ments; and (c) EXEMPTION FOR AVIATION-GRADE KER- is amended— (6) establish a workforce retraining pro- OSENE REMOVED INTO AN AIRCRAFT.—Sub- (i) in the matter preceding subparagraph gram to allow for transition of recently un- section (e) of section 4082 of such Code is (A) by striking ‘‘October 1, 2007’’ and insert- employed and highly skilled mechanics into amended— ing ‘‘October 1, 2011’’, and aviation employment. (1) by striking ‘‘kerosene’’ and inserting (ii) in subparagraph (A) by inserting ‘‘or (d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘aviation-grade kerosene’’, the FAA Reauthorization Act of 2007’’ before There are authorized to be appropriated to (2) by striking ‘‘section 4081(a)(2)(A)(iii)’’ the semicolon at the end. the Administrator such sums as may be nec- and inserting ‘‘section 4081(a)(2)(A)(iv)’’, and (B) LIMITATION ON TRANSFERS TO TRUST essary to carry out this section. Such sums (3) by striking ‘‘KEROSENE’’ in the heading FUND.—Paragraph (2) of section 9502(f) of shall remain available until expended. and inserting ‘‘AVIATION-GRADE KEROSENE’’. such Code is amended by striking ‘‘October 1, TITLE X—AIRPORT AND AIRWAY TRUST (d) RETAIL TAX ON AVIATION FUEL.— 2007’’ and inserting ‘‘October 1, 2011’’. FUND FINANCING (1) EXEMPTION FOR PREVIOUSLY TAXED (2) TRANSFERS TO TRUST FUND.—Subpara- SEC. 1001. SHORT TITLE. FUEL.—Paragraph (2) of section 4041(c) of graph (C) of section 9502(b)(1) of such Code is This title may be cited as the ‘‘Airport and such Code is amended by inserting ‘‘at the amended to read as follows: Airway Trust Fund Financing Act of 2007’’. rate specified in subsection (a)(2)(A)(iv) ‘‘(C) section 4081 with respect to aviation SEC. 1002. EXTENSION AND MODIFICATION OF thereof’’ after ‘‘section 4081’’. gasoline and aviation-grade kerosene, and’’. TAXES FUNDING AIRPORT AND AIR- (2) RATE OF TAX.—Paragraph (3) of section (3) TRANSFERS ON ACCOUNT OF CERTAIN RE- WAY TRUST FUND. 4041(c) of such Code is amended to read as FUNDS.— (a) RATE OF TAX ON AVIATION-GRADE KER- follows: (A) IN GENERAL.—Subsection (d) of section OSENE AND AVIATION GASOLINE.— ‘‘(3) RATE OF TAX.—The rate of tax imposed 9502 of such Code is amended— (1) AVIATION-GRADE KEROSENE.—Subpara- by this subsection shall be the rate of tax in (i) in paragraph (2) by striking ‘‘(other graph (A) of section 4081(a)(2) of the Internal effect under section 4081(a)(2)(A)(iv) (4.3 than subsection (l)(4) thereof)’’, and

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.031 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10673 (ii) in paragraph (3) by striking ‘‘(other a refund under section 6427(l) of such Code The Acting CHAIRMAN. No further than payments made by reason of paragraph with respect to such kerosene. amendment to the bill, as amended, (4) of section 6427(l))’’. (2) LIABILITY FOR TAX AND METHOD OF PAY- shall be in order except those printed (B) CONFORMING AMENDMENTS.— MENT.— in part C of the report. Each amend- (i) Section 9503(b)(4) of such Code is amend- (A) LIABILITY FOR TAX.—A person holding ed by striking ‘‘or’’ at the end of subpara- aviation fuel on January 1, 2008, shall be lia- ment may be offered only in the order graph (C), by striking the period at the end ble for such tax. printed in the report, may be offered of subparagraph (D) and inserting a comma, (B) TIME AND METHOD OF PAYMENT.—The only by a Member designated in the re- and by inserting after subparagraph (D) the tax imposed by paragraph (1) shall be paid on port, shall be considered read, debat- following: April 30, 2008, and in such manner as the Sec- able for the time specified in the re- ‘‘(E) section 4081 to the extent attributable retary of the Treasury shall prescribe. port, equally divided and controlled by to the rate specified in clause (ii) or (iv) of (3) TRANSFER OF FLOOR STOCK TAX REVE- the proponent and an opponent, shall section 4081(a)(2)(A), or NUES TO TRUST FUNDS.—For purposes of de- ‘‘(F) section 4041(c).’’. not be subject to amendment, and shall termining the amount transferred to the Air- not be subject to a demand for division (ii) Section 9503(c) of such Code is amended port and Airway Trust Fund, the tax im- by striking the last paragraph (relating to posed by this subsection shall be treated as of the question. transfers from the Trust Fund for certain imposed by the provision of section 4081 of AMENDMENT NO. 1 OFFERED BY MR. OBERSTAR aviation fuel taxes). the Internal Revenue Code of 1986 which ap- The Acting CHAIRMAN. It is now in (iii) Section 9502(a) of such Code is amend- plies with respect to the aviation fuel in- order to consider amendment No. 1 ed by striking ‘‘, section 9503(c)(7),’’. volved. printed in part C of House Report 110– (4) TRANSFERS ON ACCOUNT OF AVIATION- (4) DEFINITIONS.—For purposes of this sub- GRADE KEROSENE NOT USED IN AVIATION.—Sec- 335. section— tion 9502(d) of such Code is amended by add- Mr. OBERSTAR. Mr. Chairman, I (A) AVIATION FUEL.—The term ‘‘aviation ing at the end the following new paragraph: offer an amendment. fuel’’ means aviation-grade kerosene and ‘‘(7) TRANSFERS FROM AIRPORT AND AIRWAY The CHAIRMAN. The Clerk will des- aviation gasoline, as such terms are used TRUST FUND ON ACCOUNT OF AVIATION-GRADE ignate the amendment. within the meaning of section 4081 of the In- KEROSENE NOT USED IN AVIATION.—The Sec- The text of the amendment is as fol- ternal Revenue Code of 1986. retary of the Treasury shall pay from time lows: to time from the Airport and Airway Trust (B) HELD BY A PERSON.—Aviation fuel shall Amendment No. 1 offered by Mr. OBER- Fund into the Highway Trust Fund amounts be considered as held by a person if title thereto has passed to such person (whether STAR: as determined by the Secretary of the Treas- In the item relating to section 104 of the ury equivalent to amounts transferred to the or not delivery to the person has been made). (C) SECRETARY.—The term ‘‘Secretary’’ table of contents on the first page of the Airport and Airway Trust Fund with respect amendment, insert ‘‘, engineering,’’ after to aviation-grade kerosene not used in avia- means the Secretary of the Treasury or the Secretary’s delegate. ‘‘Research’’. tion.’’. Page 10, line 7, insert ‘‘, ENGINEERING,’’ (5) EXPENDITURES FOR AIR TRAFFIC CONTROL (5) EXCEPTION FOR EXEMPT USES.—The tax imposed by paragraph (1) shall not apply to after ‘‘RESEARCH’’. MODERNIZATION.—Section 9502(d) of such Page 12, line 1, strike ‘‘$3,000,000’’ and in- any aviation fuel held by any person exclu- Code, as amended by this title, is amended sert ‘‘$5,000,000’’. by adding at the end the following new para- sively for any use to the extent a credit or Page 37, line 24, strike ‘‘sections’’ and in- graph: refund of the tax is allowable under the In- sert ‘‘section’’. ‘‘(8) EXPENDITURES FOR AIR TRAFFIC CON- ternal Revenue Code of 1986 for such use. Page 47, line 21, insert ‘‘on or after October TROL MODERNIZATION.—The following (6) EXCEPTION FOR CERTAIN AMOUNTS OF 1, 1996,’’ after ‘‘that airport’’. amounts may be used only for making ex- FUEL.— In subtitle D of title I of the amendment, penditures to carry out air traffic control (A) IN GENERAL.—No tax shall be imposed redesignate, on page 50, section 149 as section modernization: by paragraph (1) on any aviation fuel held on 151 and insert after section 148 on page 50 the ‘‘(A) So much of the amounts appropriated January 1, 2008, by any person if the aggre- following: under subsection (b)(1)(C) as the Secretary gate amount of such aviation fuel held by SEC. 149. PUERTO RICO MINIMUM GUARANTEE. estimates are attributable to— such person on such date does not exceed Section 47114(e) is amended— ‘‘(i) 14.1 cents per gallon of the tax imposed 2,000 gallons. The preceding sentence shall (1) in the subsection heading by inserting at the rate specified in section apply only if such person submits to the Sec- ‘‘AND PUERTO RICO’’ after ‘‘ALASKA’’; and 4081(a)(2)(A)(iv) in the case of aviation-grade retary (at the time and in the manner re- (2) by adding at the end the following: kerosene used other than in commercial quired by the Secretary) such information as ‘‘(5) PUERTO RICO MINIMUM GUARANTEE.—In aviation (as defined in section 4083(b)), and the Secretary shall require for purposes of any fiscal year in which the total amount ‘‘(ii) 4.8 cents per gallon of the tax imposed this subparagraph. apportioned to airports in Puerto Rico under at the rate specified in section (B) EXEMPT FUEL.—For purposes of sub- subsections (c) and (d) is less than 1.5 percent 4081(a)(2)(A)(ii) in the case of aviation gaso- paragraph (A), there shall not be taken into of the total amount apportioned to all air- line used other than in commercial aviation account any aviation fuel held by any person ports under subsections (c) and (d), the Sec- (as so defined). which is exempt from the tax imposed by retary shall apportion to the Puerto Rico ‘‘(B) Any amounts credited to the Airport paragraph (1) by reason of paragraph (6). Ports Authority for airport development and Airway Trust Fund under section 9602(b) (C) CONTROLLED GROUPS.—For purposes of projects in such fiscal year an amount equal with respect to amounts described in this this subsection— to the difference between 1.5 percent of the paragraph.’’. (i) CORPORATIONS.— total amounts apportioned under subsections (g) EFFECTIVE DATE.— (I) IN GENERAL.—All persons treated as a (c) and (d) in such fiscal year and the amount (1) MODIFICATIONS.—Except as provided in controlled group shall be treated as 1 person. otherwise apportioned under subsections (c) paragraph (2), the amendments made by this (II) CONTROLLED GROUP.—The term ‘‘con- and (d) to airports in Puerto Rico in such fis- section shall apply to fuels removed, entered, trolled group’’ has the meaning given to such cal year.’’. or sold after December 31, 2007. term by subsection (a) of section 1563 of such At the end of title II on page 89, insert the (2) EXTENSIONS.—The amendments made by Code; except that for such purposes the following: subsections (b) and (f)(1) shall take effect on phrase ‘‘more than 50 percent’’ shall be sub- SEC. 218. NEXTGEN RESEARCH AND DEVELOP- the date of the enactment of this Act. stituted for the phrase ‘‘at least 80 percent’’ MENT CENTER OF EXCELLENCE. (h) FLOOR STOCKS TAX.— each place it appears in such subsection. (a) ESTABLISHMENT.—Of the amount appro- (1) IMPOSITION OF TAX.—In the case of avia- (ii) NONINCORPORATED PERSONS UNDER COM- priated under section 48101(a) of title 49, tion fuel which is held on January 1, 2008, by MON CONTROL.—Under regulations prescribed United States Code, the Administrator of the any person, there is hereby imposed a floor by the Secretary, principles similar to the Federal Aviation Administration shall use stocks tax on aviation fuel equal to— principles of subparagraph (A) shall apply to such sums as may be necessary for each of (A) the tax which would have been imposed a group of persons under common control if fiscal years 2008 through 2011 to contribute before such date on such fuel had the amend- 1 or more of such persons is not a corpora- to the establishment of a center of excel- ments made by this section been in effect at tion. lence for the research and development of all times before such date, reduced by (7) OTHER LAWS APPLICABLE.—All provi- Next Generation Air Transportation System (B) the sum of— sions of law, including penalties, applicable technologies. (i) the tax imposed before such date on with respect to the taxes imposed by section (b) FUNCTIONS.—The center established such fuel under section 4081 of the Internal 4081 of such Code on the aviation fuel in- under subsection (a) shall— Revenue Code of 1986, as in effect on such volved shall, insofar as applicable and not in- (1) leverage the centers of excellence pro- date, and consistent with the provisions of this sub- gram of the Federal Aviation Administra- (ii) in the case of kerosene held exclusively section, apply with respect to the floor stock tion, as well as other resources and partner- for such person’s own use, the amount which taxes imposed by paragraph (1) to the same ships, to enhance the development of Next such person would (but for this clause) rea- extent as if such taxes were imposed by such Generation Air Transportation System tech- sonably expect (as of such date) to be paid as section. nologies within academia and industry; and

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.031 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN H10674 CONGRESSIONAL RECORD — HOUSE September 20, 2007

(2) provide educational, technical, and ana- ‘‘§ 44731. Occupational safety and health ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— lytical assistance to the Federal Aviation standards for flight attendants on board There is authorized to be appropriated such Administration and other Federal agencies aircraft sums as may be necessary to carry out this with responsibilities to research and develop ‘‘(a) IN GENERAL.—The Administrator of section. Such sums shall remain available Next Generation Air Transportation System the Federal Aviation Administration shall until expended.’’. technologies. prescribe and enforce standards and regula- (b) CLERICAL AMENDMENT.—The analysis for chapter 447 is amended by adding at the SEC. 219. AIRSPACE REDESIGN. tions to ensure the occupational safety and end the following: (a) FINDINGS.—Congress finds the fol- health of individuals serving as flight at- ‘‘44731. Occupational safety and health lowing: tendants in the cabin of an aircraft of an air standards for flight attendants (1) The airspace redesign efforts of the Fed- carrier. ‘‘(b) STANDARDS AND REGULATIONS.—Stand- on board aircraft.’’. eral Aviation Administration will play a ards and regulations issued under this sec- critical near-term role in enhancing capac- Page 104, after line 14, insert the following: tion shall require each air carrier operating SEC. 312. NONCERTIFICATED MAINTENANCE ity, reducing delays, transitioning to more an aircraft in air transportation— flexible routing, and ultimately saving PROVIDERS. ‘‘(1) to provide for an environment in the (a) ISSUANCE OF REGULATIONS.—Not later money in fuel costs for airlines and airspace cabin of the aircraft that is free from haz- users. than 3 years after the date of enactment of ards that could cause physical harm to a this Act, the Administrator of the Federal (2) The critical importance of airspace re- flight attendant working in the cabin; and Aviation Administration shall issue regula- design efforts is underscored by the fact that ‘‘(2) to meet minimum standards for the tions requiring that all covered maintenance they are highlighted in strategic plans of the occupational safety and health of flight at- work on aircraft used to provide air trans- Administration, including Flight Plan 2008– tendants who work in the cabin of the air- portation under part 121 of title 14, Code of 2012 and the document known as the ‘‘Oper- craft. Federal Regulations, be performed by indi- ational Evolution Partnership’’. ‘‘(c) RULEMAKING.—In carrying out this viduals in accordance with subsection (b). (3) Funding cuts have led to delays and de- section, the Administrator shall conduct a (b) PERSONS AUTHORIZED TO PERFORM CER- ferrals of critical capacity enhancing air- rulemaking proceeding to address, at a min- TAIN WORK.—Covered maintenance work for space redesign efforts. imum, the following areas: a part 121 air carrier shall only be performed (4) Several new runways planned for the ‘‘(1) Record keeping. by— period of fiscal years 2008 to 2011 will not ‘‘(2) Blood borne pathogens. (1) an individual employed by the air car- provide estimated capacity benefits without ‘‘(3) Noise. rier; additional funds. ‘‘(4) Sanitation. (2) an individual employed by another part (b) AUTHORIZATION OF APPROPRIATIONS.—In ‘‘(5) Hazard communication. 121 air carrier; addition to amounts authorized by section ‘‘(6) Anti-discrimination. (3) an individual employed by a part 145 re- 106(k) of title 49, United States Code, there ‘‘(7) Access to employee exposure and med- pair station; or are authorized to be appropriated to the Ad- ical records. (4) an individual employed by a company ministrator of the Federal Aviation Admin- ‘‘(8) Temperature standards for the aircraft that provides contract maintenance workers istration $2,300,000 for fiscal year 2008, cabin. to a part 145 repair station or part 121 air $14,500,000 for fiscal year 2009, $20,000,000 for ‘‘(d) REGULATIONS.— carrier, if the individual— fiscal year 2010, and $20,000,000 for fiscal year ‘‘(1) DEADLINE.—Not later than 3 years (A) meets the requirements of the part 145 2011 to carry out such airspace redesign ini- after the date of enactment of this section, repair station or the part 121 air carrier; tiatives as the Administrator determines ap- the Administrator shall issue final regula- (B) works under the direct supervision and propriate. tions to carry out this section. control of the part 145 repair station or part (c) ADDITIONAL AMOUNTS.—Of the amounts ‘‘(2) CONTENTS.—Regulations issued under 121 air carrier; and appropriated under section 48101(a) of such this subsection shall address each of the (C) carries out the work in accordance with title, the Administrator may use $5,000,000 issues identified in subsection (c) and others the part 121 air carrier’s maintenance man- for fiscal year 2008, $5,000,000 for fiscal year aspects of the environment of an aircraft ual and, if applicable, the part 145 certificate 2009, $5,000,000 for fiscal year 2010, and cabin that may cause illness or injury to a holder’s repair station and quality control $5,000,000 for fiscal year 2011 to carry out flight attendant working in the cabin. manuals. such airspace redesign initiatives as the Ad- ‘‘(3) EMPLOYER ACTIONS TO ADDRESS OCCUPA- (c) PLAN.— ministrator determines appropriate. TIONAL SAFETY AND HEALTH HAZARDS.—Regu- (1) DEVELOPMENT.—The Administrator Page 97, strike line 3 and insert the fol- lations issued under this subsection shall set shall develop a plan to— lowing: forth clearly the circumstances under which (A) require air carriers to identify and pro- an air carrier is required to take action to vide to the Administrator a complete listing SEC. 305. RUNWAY SAFETY. address occupational safety and health haz- of all noncertificated maintenance providers (a) STRATEGIC RUNWAY SAFETY PLAN.— ards. that perform, before the effective date of the (1) IN GENERAL.—Not later than 6 months ‘‘(e) ADDITIONAL RULEMAKING PRO- regulations to be issued under subsection (a), after the date of enactment of this Act, the CEEDINGS.—After issuing regulations under covered maintenance work on aircraft used Administrator of the Federal Aviation Ad- subsection (c), the Administrator may con- to provide air transportation under part 121 ministration shall develop and submit to duct additional rulemaking proceedings as of title 14, Code of Federal Regulations; Congress a report containing a strategic run- the Administrator determines appropriate to (B) validate the lists that air carriers pro- way safety plan. carry out this section. vide under subparagraph (A) by sampling air (2) CONTENTS OF PLAN.—The strategic run- ‘‘(f) OVERSIGHT.— carrier records, such as maintenance activ- way safety plan— ‘‘(1) CABIN OCCUPATIONAL SAFETY AND ity reports and general vendor listings; and (A) shall include, at a minimum— HEALTH INSPECTORS.—The Administrator (C) include surveillance and oversight by (i) goals to improve runway safety; shall establish the position of Cabin Occupa- field inspectors of the Federal Aviation Ad- (ii) near- and longer-term actions designed tional Safety and Health Inspector within ministration for all noncertificated mainte- to reduce the severity, number, and rate of the Federal Aviation Administration and nance providers that perform covered main- runway incursions; shall employ individuals with appropriate tenance work on aircraft used to provide air (iii) timeframes and resources needed for qualifications and expertise to serve in the transportation in accordance with such part the actions described in clause (ii); and position. 121. (iv) a continuous evaluative process to ‘‘(2) RESPONSIBILITIES.—Inspectors em- (2) REPORT TO CONGRESS.—Not later than 6 ployed under this subsection shall be solely track performance toward the goals referred months after the date of enactment of this responsible for conducting proper oversight to in clause (i); and Act, the Administrator shall transmit to of air carrier programs implemented under (B) shall address the increased runway Congress a report containing the plan devel- this section. safety risk associated with the expected in- oped under paragraph (1). ‘‘(g) CONSULTATION.—In developing regula- creased volume of air traffic. (d) DEFINITIONS.—In this section, the fol- tions under this section, the Administrator Page 97, line 4, before ‘‘Not later than’’ in- lowing definitions apply: sert the following: shall consult with the Administrator of the Occupational Safety and Health Administra- (1) COVERED MAINTENANCE WORK.—The term (b) PLAN FOR INSTALLATION AND DEPLOY- tion, labor organizations representing flight ‘‘covered maintenance work’’ means mainte- MENT OF SYSTEMS TO PROVIDE ALERTS OF PO- attendants, air carriers, and other interested nance work that is substantial, regularly- TENTIAL RUNWAY INCURSIONS.— persons. scheduled, or a required inspection item, as Pages 101 through 103, strike section 309 of ‘‘(h) SAFETY PRIORITY.—In developing and determined by the Administrator. the amendment and insert the following: implementing regulations under this section, (2) PART 121 AIR CARRIER.—The term ‘‘part SEC. 309. OCCUPATIONAL SAFETY AND HEALTH the Administrator shall give priority to the 121 air carrier’’ means an air carrier that STANDARDS FOR FLIGHT ATTEND- safe operation and maintenance of an air- holds a certificate issued under part 121 of ANTS ON BOARD AIRCRAFT. craft. title 14, Code of Federal Regulations. (a) IN GENERAL.—Chapter 447 (as amended ‘‘(i) FLIGHT ATTENDANT DEFINED.—In this (3) PART 145 REPAIR STATION.—The term by section 304 of this Act) is further amended section, the term ‘flight attendant’ has the ‘‘part 145 repair station’’ means a repair sta- by adding at the end the following: meaning given that term by section 44728. tion that holds a certificate issued under

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.034 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10675 part 145 of title 14, Code of Federal Regula- Page 119, line 4, before ‘‘emergency’’ insert to end the payment of such compensation tions. ‘‘or require modifications to’’. due to a determination by the Secretary that (4) NONCERTIFICATED MAINTENANCE PRO- Page 119, after line 8, insert the following: providing such service requires a rate of sub- VIDER.—The term ‘‘noncertificated mainte- ‘‘(2) CIVIL PENALTIES.—The Secretary may sidy per passenger in excess of the maximum nance provider’’ means a maintenance pro- assess a civil penalty under section 46301 amount specified in section 332 of Public Law vider that does not hold a certificate issued against an air carrier or airport that does 106–69 (113 Stat. 1022). under part 121 or part 145 of title 14 Code of not adhere to an emergency contingency ‘‘(2) PROCEDURES TO AVOID TERMINATION.— Federal Regulations. plan approved under this subsection. The Secretary shall establish, by order, pro- (e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(g) MINIMUM STANDARDS.—The Secretary cedures by which each community notified of There is authorized to be appropriated such may establish, as necessary or desirable, an impending loss of subsidy under para- sums as may be necessary for the Adminis- minimum standards for elements in an emer- graph (1) may work directly with an air car- trator to hire additional field safety inspec- gency contingency plan required to be sub- rier to ensure that the air carrier is able to tors to ensure adequate and timely inspec- mitted under this section. submit a proposal to the Secretary to pro- tion of maintenance providers that perform ‘‘(h) PUBLIC ACCESS.—An air carrier or air- vide essential air service to such community covered maintenance work. port required to submit emergency contin- for an amount of compensation that would SEC. 313. AIRCRAFT RESCUE AND FIREFIGHTING gency plans under this section shall ensure not exceed the subsidy cap established by STANDARDS. public access to such plan after its approval section 332 of Public Law 106–69. (a) RULEMAKING PROCEEDING.—Not later under this section on the Internet Web site ‘‘(3) ASSISTANCE PROVIDED.—The Secretary than 180 days after the date of enactment of of the carrier or airport or by such other shall provide, by order, to each community this Act, the Administrator of the Federal means as determined by the Secretary.’’. notified under paragraph (1) information re- Aviation Administration shall initiate a Page 119, line 24, after ‘‘flight’’ insert ‘‘on garding— rulemaking proceeding for the purpose of which a insecticide has been applied in the ‘‘(A) the procedures established pursuant issuing a proposed and final rule that revises aircraft within the last 60 days or’’. to paragraph (2); and the aircraft rescue and firefighting standards Page 120, line 3, after ‘‘ticket of the’’ insert ‘‘(B) the maximum amount of compensa- (‘‘ARFF’’) under part 139 of title 14, Code of ‘‘application, application, or’’ tion that could be provided under this sub- Federal Regulations, to improve the protec- At the end of title IV on page 125, insert chapter to an air carrier serving such com- tion of the traveling public, other persons, the following: munity that would comply with the subsidy aircraft, buildings, and the environment SEC. 412. REPEAL OF ESSENTIAL AIR SERVICE cap established by section 332 of Public Law from fires and hazardous materials incidents. LOCAL PARTICIPATION PROGRAM. 106–69.’’. (b) CONTENTS OF PROPOSED AND FINAL (a) REPEAL.—Section 41747, and the item relating to such section in the analysis for SEC. 415. RESTORATION OF ELIGIBILITY TO A RULE.—The proposed and final rule to be PLACE DETERMINED BY THE SEC- issued under subsection (a) shall address the chapter 417, are repealed. RETARY TO BE INELIGIBLE FOR following: (b) APPLICABILITY.—Title 49, United States SUBSIDIZED ESSENTIAL AIR SERV- (1) The mission of aircraft rescue and fire- Code, shall be applied as if section 41747 of ICE. fighting personnel, including responsibilities such title had not been enacted. Section 41733 (as amended by section 414 of for passenger egress in the context of other SEC. 413. GAO STUDY OF ESSENTIAL AIR SERVICE this Act) is further amended by adding at the Administration requirements. SUBSIDY CAP. end the following: (2) The proper level of staffing. (a) IN GENERAL.—The Comptroller General ‘‘(g) PROPOSALS OF STATE AND LOCAL GOV- (3) The timeliness of a response. shall examine how the $200 per passenger ERNMENTS TO RESTORE ELIGIBILITY.— (4) The handling of hazardous materials in- subsidy cap, initially established by Public ‘‘(1) IN GENERAL.—If the Secretary ends cidents at airports. Law 103–122 (107 Stat. 1198; 1201) and made payment of compensation to an air carrier (5) Proper vehicle deployment. permanent by section 332 of Public Law 106– for providing basic essential air service to an (6) The need for equipment modernization. 69 (113 Stat. 1022) to restrict eligibility for eligible place because the Secretary has de- (c) CONSISTENCY WITH VOLUNTARY CON- funding under the essential air service pro- termined that providing such service re- SENSUS STANDARDS.—The proposed and final gram, has impacted that program and the ac- quires a rate of subsidy per passenger in ex- rule issued under subsection (a) shall be, to cess of small communities to air transpor- cess of the maximum amount specified in the extent practical, consistent with na- tation. section 332 of Public Law 106–69 (113 Stat. tional voluntary consensus standards for air- (b) STUDY.—The study shall include an 1022), a State or local government may sub- craft rescue and firefighting services at air- analysis of the following: mit to the Secretary a proposal for restoring ports. (1) The communities that have lost eligi- compensation for such service. Such proposal (d) ASSESSMENTS OF POTENTIAL IMPACTS.— bility for subsidized air service under the es- shall be a joint proposal of the State or local In the rulemaking proceeding initiated sential air service program due to the $200 government and an air carrier. under subsection (a), the Administrator shall per passenger subsidy cap and the impact, if ‘‘(2) DETERMINATION BY SECRETARY.—If a assess the potential impact of any revisions any, such loss of subsidy has had on the ac- State or local government submits to the to the firefighting standards on airports and cess of such communities to air transpor- Secretary a proposal under paragraph (1) air transportation service. tation. with respect to an eligible place, and the (e) INCONSISTENCY WITH STANDARDS.—If the (2) The likely effect on the essential air Secretary determines that— proposed or final rule issued under sub- service program if the $200 per passenger sub- ‘‘(A) the rate of subsidy per passenger section (a) is not consistent with national sidy cap is indexed for inflation beginning in under the proposal does not exceed the max- voluntary consensus standards for aircraft 2009. imum amount specified in section 332 of Pub- rescue and firefighting services at airports, (3) Whether the $200 per passenger subsidy lic Law 106–69; and the Administrator shall submit to the Office cap has disproportionately impacted commu- ‘‘(B) the proposal is consistent with the of Management and Budget an explanation of nities in certain geographic areas. legal and regulatory requirements of the es- the reasons for such inconsistency in accord- (4) Alternative methods of measuring the sential air service program, ance with section 12(d) of the National Tech- subsidy rate, including the subsidy per pas- the Secretary shall issue an order restoring nology Transfer and Advancement Act of senger per mile. the eligibility of the otherwise eligible place 1995 (15 U.S.C. 272 note; 110 Stat. 783). (c) REPORT TO CONGRESS.—Not later than to receive basic essential air service by an (f) FINAL RULE.—Not later than 24 months 18 months after the date of enactment of this after the date of enactment of this Act, the Act, the Comptroller General shall submit to air carrier for compensation under sub- Administrator shall issue the final rule re- the Committee on Transportation and Infra- section (c).’’. quired by subsection (a). structure of the House of Representatives SEC. 416. OFFICE OF RURAL AVIATION. Page 118, line 3, after ‘‘water’’ insert ‘‘that and the Committee on Commerce, Science, (a) IN GENERAL.—Subchapter II of chapter meets the standards of the Safe Drinking and Transportation of the Senate a report on 417 is amended by adding at the end the fol- Water Act (42 U.S.C. 300f et. seq)’’. the results of the study conducted under this lowing: Page 118, line 8, strike ‘‘and’’. section. ‘‘§ 41749. Office of Rural Aviation Page 118, after line 8, insert the following: SEC. 414. NOTICE TO COMMUNITIES PRIOR TO ‘‘(B) allow passengers to deplane following TERMINATION OF ELIGIBILITY FOR ‘‘(a) ESTABLISHMENT.—The Secretary of excessive delays; and’’. SUBSIDIZED ESSENTIAL AIR SERV- Transportation shall establish within the Page 118, line 9, strike ‘‘(B)’’ and insert ICE. Department of Transportation an office to be ‘‘(C)’’. Section 41733 is amended by adding at the known as the ‘Office of Rural Aviation’ (in Page 118, line 14, after ‘‘for the’’ insert end the following: this section referred to as the ‘Office’). ‘‘deplanement of passengers following exces- ‘‘(f) NOTICE TO COMMUNITIES PRIOR TO TER- ‘‘(b) FUNCTIONS.—The Office shall— sive delays and will provide for the’’. MINATION OF ELIGIBILITY.— ‘‘(1) monitor the status of air service to Page 119, line 3, strike ‘‘The’’ and insert ‘‘(1) IN GENERAL.—The Secretary shall no- small communities; the following: tify each community receiving basic essen- ‘‘(2) develop proposals to improve air serv- ‘‘(1) IN GENERAL.—Not later than 9 months tial air service for which compensation is ice to small communities; and after the date of enactment of this section, being paid under this subchapter not later ‘‘(3) carry out such other functions as the the than 45 days before issuing any final decision Secretary considers appropriate.’’.

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(b) CLERICAL AMENDMENT.—The analysis (4) the impact of flight delays and can- (g) REPORT.—Not later than February 1 of for subchapter II of chapter 417 is amended cellations on air travelers, including rec- each of the first 2 calendar years beginning by adding at the end the following: ommendations for programs that could be after the date of enactment of this Act, the ‘‘41749. Office of Rural Aviation.’’. implemented to address the impact of flight Secretary shall transmit to Congress a re- port containing— SEC. 417. ADJUSTMENTS TO COMPENSATION FOR delays on air travelers. SIGNIFICANTLY INCREASED COSTS. (c) REPORT.—Not later than one year after (1) each recommendation made by the ad- the date of enactment of this Act, the In- (a) ADJUSTMENTS TO ACCOUNT FOR SIGNIFI- visory committee during the preceding cal- spector General shall submit to the Com- CANTLY INCREASED NONFUEL COSTS.—Section endar year; and mittee on Transportation and Infrastructure 41737(e) is amended— (2) an explanation of how the Secretary has of the House of Representatives and the (1) in the subsection heading by inserting implemented each recommendation and, for Committee on Commerce, Science, and ‘‘NONFUEL’’ before ‘‘COSTS’’; and each recommendation not implemented, the Transportation of the Senate a report on the Secretary’s reason for not implementing the (2) in paragraph (1) by inserting ‘‘other results of the review conducted under this than fuel costs’’ before ‘‘in providing’’. recommendation. section, including the assessments described SEC. 421. DENIED BOARDING COMPENSATION. (b) ADJUSTMENTS TO ACCOUNT FOR SIGNIFI- in subsection (b). CANTLY INCREASED AVIATION FUEL COSTS.— (a) IN GENERAL.—Not later than one year SEC. 419. EUROPEAN UNION RULES FOR PAS- after the date of enactment of this Act, the Section 41737 is amended by adding at the SENGER RIGHTS. end the following: Secretary of Transportation shall issue a (a) IN GENERAL.—The Comptroller General final regulation to modify section 250 of title ‘‘(f) ADJUSTMENTS TO ACCOUNT FOR SIGNIFI- shall conduct a study to evaluate and com- CANTLY INCREASED AVIATION FUEL COSTS.— 14, Code of Federal Regulations, regarding pare the regulations of the European Union denied boarding compensation, to appro- ‘‘(1) IN GENERAL.—If the Secretary deter- and the United States on compensation and mines that air carriers are experiencing sig- priately adjust the amount of such com- other consideration offered to passengers pensation for an aircraft with 30 or more nificantly increased aviation fuel costs in who are denied boarding or whose flights are providing air service or air transportation seats. cancelled or delayed. (b) EVALUATION.—Not later than 2 years for which compensation is being paid under (b) SPECIFIC STUDY REQUIREMENTS.—The after the date of issuance of the final regula- this subchapter, the Secretary, subject to study shall include an evaluation and com- tion under this section and every 2 years the availability of funds, shall increase the parison of the regulations based on costs to thereafter, the Secretary shall evaluate the rates of compensation payable to air carriers the air carriers, preferences of passengers for amount provided for denied boarding com- under this subchapter without regard to any compensation or other consideration, and pensation and issue a regulation to adjust agreement or requirement relating to the re- forms of compensation. In conducting the such compensation as necessary. negotiation of contracts or any notice re- study, the Comptroller General shall also SEC. 422. SCHEDULE REDUCTION. quirement under section 41734. take into account the differences in struc- (a) IN GENERAL.—If the Administrator of ‘‘(2) READJUSTMENT IF COSTS SUBSEQUENTLY ture and size of the aviation systems of the the Federal Aviation Administration deter- DECLINE.—If an adjustment is made under European Union and the United States. mines that (1) the aircraft operations of air paragraph (1) with respect to the rates of (c) REPORT.—Not later than one year after carriers during any hour at an airport ex- compensation payable to air carriers, and the date of enactment of this Act, the Comp- ceeds the hourly maximum departure and ar- troller General shall submit a report to Con- the Secretary subsequently determines that rival rate established by the Administrator gress on the results of the study. there is a significant decrease in aviation for such operations, and (2) the operations in fuel costs, the Secretary shall reduce the ad- SEC. 420. ESTABLISHMENT OF ADVISORY COM- excess of the maximum departure and arrival MITTEE FOR AVIATION CONSUMER justment previously made under paragraph rate for such hour at such airport are likely (1) without regard to any agreement or re- PROTECTION. (a) IN GENERAL.—The Secretary of Trans- to have a significant adverse effect on the quirement relating to the renegotiation of national or regional airspace system, the Ad- contracts or any notice requirement under portation shall establish an advisory com- mittee for aviation consumer protection (in ministrator shall convene a conference of section 41734. such carriers to reduce pursuant to section ‘‘(3) DEFINITIONS.—In this subsection, the this section referred to as the ‘‘advisory committee’’) to advise the Secretary in car- 41722, on a voluntary basis, the number of following definitions apply: such operations to less than such maximum ‘‘(A) AVIATION FUEL.—The term ‘aviation rying out air passenger service improve- ments, including those required by chapter departure and arrival rate. fuel’ means fuel used by an air carrier in air- (b) NO AGREEMENT.—If the air carriers par- craft providing air service or air transpor- 423 of title 49, United States Code. (b) MEMBERSHIP.—The Secretary shall ap- ticipating in a conference with respect to an tation for which compensation is being paid point 8 members to the advisory committee airport under subsection (a) are not able to under this subchapter. as follows: agree to a reduction in the number of flights ‘‘(B) SIGNIFICANT DECREASE IN AVIATION (1) Two representatives of air carriers re- to and from the airport to less than the max- FUEL COSTS.—The term ‘significant decrease quired to submit emergency contingency imum departure and arrival rate, the Admin- in aviation fuel costs’ means a decrease of 30 plans pursuant to section 42301 of title 49, istrator shall take such action as is nec- percent or more in the price per gallon of United States Code. essary to ensure such reduction is imple- aviation fuel over a 6-month period, as deter- (2) Two representatives of the airport oper- mented. mined by the Secretary, based on fuel price ators required to submit emergency contin- (c) QUARTERLY REPORTS.—Beginning 3 information derived from a commodities ex- gency plans pursuant to section 42301 of such months after the date of enactment of this change or exchanges. title. Act and every 3 months thereafter, the Ad- ‘‘(C) SIGNIFICANTLY INCREASED AVIATION (3) Two representatives of State and local ministrator shall submit to Congress a re- FUEL COSTS.—The term ‘significantly in- governments who have expertise in aviation port regarding scheduling at the 35 airports creased aviation fuel costs’ means an in- consumer protection matters. that have the greatest number of passenger crease of 30 percent or more in the price per (4) Two representatives of nonprofit public enplanements, including each occurrence in gallon of aviation fuel over a 6-month period, interest groups who have expertise in avia- which hourly scheduled aircraft operations as determined by the Secretary, based on tion consumer protection matters. of air carriers at such an airport exceed the fuel price information derived from a com- (c) VACANCIES.—A vacancy in the advisory hourly maximum departure and arrival rate modities exchange or exchanges.’’. committee shall be filled in the manner in at any such airport. SEC. 418. REVIEW OF AIR CARRIER FLIGHT which the original appointment was made. At the end of title V on page 147, insert the DELAYS, CANCELLATIONS, AND AS- (d) TRAVEL EXPENSES.—Members of the ad- following: SOCIATED CAUSES. visory committee shall serve without pay SEC. 511. CONTINUATION OF AIR QUALITY SAM- (a) REVIEW.—The Inspector General of the but shall receive travel expenses, including PLING. Department of Transportation shall conduct per diem in lieu of subsistence, in accordance The Administrator of the Federal Aviation a review regarding air carrier flight delays, with subchapter I of chapter 57 of title 5, Administration shall complete the air qual- cancellations, and associated causes to up- United States Code. ity studies and analysis started pursuant to date its 2000 report numbered CR–2000–112 (e) CHAIRPERSON.—The Secretary shall des- section 815 of the Vision 100—Century of and entitled ‘‘Audit of Air Carrier Flight ignate, from among the individuals ap- Aviation Reauthorization Act (49 U.S.C. 40101 Delays and Cancellations’’. pointed under subsection (b), an individual note; 117 Stat. 2592), including the collection (b) ASSESSMENTS.—In conducting the re- to serve as chairperson of the advisory com- of samples of the air onboard passenger air- view under subsection (a), the Inspector Gen- mittee. craft by flight attendants and the testing eral shall assess— (f) DUTIES.—The duties of the advisory and analyzation of such samples for contami- (1) the need for an update on delay and committee shall include the following: nants. cancellation statistics, such as number of (1) Evaluating existing aviation consumer SEC. 512. SENSE OF CONGRESS. chronically delayed flights and taxi-in and protection programs and providing rec- It is the sense of Congress that— taxi-out times; ommendations for the improvement of such (1) the proposed European Union directive (2) air carriers’ scheduling practices; programs, if needed. extending the European Union’s emissions (3) the need for a re-examination of capac- (2) Providing recommendations to estab- trading proposal to international civil avia- ity benchmarks at the Nation’s busiest air- lish additional aviation consumer protection tion without working through the Inter- ports; and programs, if needed. national Civil Aviation Organization (in this

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section referred to as the ‘‘ICAO’’) in a con- (c) CHAIRPERSON.—The Administrator shall trator, the Committee on Transportation sensus-based fashion is inconsistent with the designate, from among the individuals ap- and Infrastructure of the House of Rep- Convention on International Civil Aviation, pointed under subsection (b)(1), an individual resentatives, and the Committee on Com- done at Chicago on December 7, 1944 (TIAS to serve as chairperson of the Task Force. merce, Science, and Transportation of the 1591; commonly known as ‘‘Chicago Conven- (d) TASK FORCE PERSONNEL MATTERS.— Senate a report on the activities of the Task tion’’), and other relevant air services agree- (1) STAFF.—The Task Force may appoint Force, including the recommendations of the ments and antithetical to building inter- and fix the pay of such personnel as it con- Task Force under subsection (g). national cooperation to address effectively siders appropriate. (i) IMPLEMENTATION.—Within 30 days of the the problem of greenhouse gas emissions by (2) STAFF OF FEDERAL AGENCIES.—Upon re- receipt of the Task Force report under sub- aircraft engaged in international civil avia- quest of the Chairperson of the Task Force, section (h), the Administrator shall submit tion; and the head of any department or agency of the to the Committee on Transportation and In- (2) the European Union and its member United States may detail, on a reimbursable frastructure of the House of Representatives states should instead work with other con- basis, any of the personnel of that depart- and the Committee on Commerce, Science, tracting states of the ICAO to develop a con- ment or agency to the Task Force to assist and Transportation of the Senate a report sensual approach to addressing aircraft it in carrying out its duties under this sec- that includes a plan and timeline to imple- greenhouse gas emissions through the ICAO. tion. ment the recommendations of the Task SEC. 513. AIRPORT NOISE COMPATIBILITY PLAN- (3) OTHER STAFF AND SUPPORT.—Upon re- Force and to align future budgets and prior- NING STUDY, PORT AUTHORITY OF quest of the Task Force or a panel of the ities of the Administration accordingly. NEW YORK AND NEW JERSEY. Task Force, the Administrator shall provide (j) TERMINATION.—The Task Force shall It is the sense of the House of Representa- the Task Force or panel with professional terminate on the last day of the 30-day pe- tives that the Port Authority of New York and administrative staff and other support, riod beginning on the date on which the re- and New Jersey should undertake an airport on a reimbursable basis, to the Task Force port under subsection (h) was submitted. noise compatibility planning study under to assist it in carrying out its duties under (k) APPLICABILITY OF THE FEDERAL ADVI- part 150 of title 14, Code of Federal Regula- this section. SORY COMMITTEE ACT.—The Federal Advisory tions, for the airports that the Port Author- (e) OBTAINING OFFICIAL DATA.—The Task Committee Act (5 U.S.C. App.) shall not ity operates as of November 2, 2007. In under- Force may secure directly from any depart- apply to the Task Force. taking the study, the Port Authority should ment or agency of the United States infor- (l) AUTHORIZATION OF APPROPRIATIONS.— pay particular attention to the impact of mation (other than information required by There are authorized to be appropriated to noise on affected neighborhoods, including any statute of the United States to be kept the Secretary of Transportation $250,000 to homes, businesses, and places of worship sur- confidential by such department or agency) carry out this section. rounding LaGuardia Airport. necessary for the Task Force to carry out its Page 165, line 9, strike ‘‘September 30, Page 159, line 21, strike ‘‘in the’’ and all duties under this section. Upon request of 2017’’ and insert ‘‘December 31, 2017’’. that follows through line 13 on page 160 and the chairperson of the Task Force, the head Page 167, line 12, strike ‘‘September 30, insert ‘‘, safety technical specialists, and op- of that department or agency shall furnish 2017’’ and insert ‘‘December 31, 2017’’. erations support positions in the Flight such information to the Task Force. Page 175, line 19, strike ‘‘FAA’’ and insert Standard Service (as those terms are used in (f) DUTIES.— ‘‘Federal Aviation Administration (in this the Administration’s fiscal year 2008 con- (1) STUDY.—The Task Force shall under- gressional budget justification) each fiscal section referred to as the ‘FAA’).’’. take a study of— Page 176, line 23, strike ‘‘facility or serv- year commensurate with the funding levels (A) the conditions of all air traffic control provided in subsection (b) for such fiscal ice’’ and insert ‘‘service or facility’’. facilities across the Nation, including tow- Page 178, strike lines 3 through 22 and in- year. Such increases shall be measured rel- ers, centers, and terminal radar air control; ative to the number of persons serving in po- sert the following: sitions of aviation safety inspectors and safe- (B) reports from employees of the Adminis- SEC. 808. ACCIDENTAL DEATH AND DISMEMBER- ty technical specialists and in operational tration relating to respiratory ailments and MENT INSURANCE FOR NATIONAL support positions as of September 30, 2007.’’. other health conditions resulting from expo- TRANSPORTATION SAFETY BOARD EMPLOYEES. Page 160, line 17, strike ‘‘subsections (a) sure to mold, asbestos, poor air quality, radi- and (b)’’ and insert ‘‘subsection (a)’’. ation and facility-related hazards in facili- Section 1113 is amended by adding at the Page 161, line 1, strike ‘‘pursuant to sec- ties of the Administration; end the following: tion 604’’ and insert ‘‘under section 605’’. (C) conditions of such facilities that could ‘‘(i) ACCIDENTAL DEATH AND DISMEMBER- Page 164, after line 24, insert the following: interfere with such employees’ ability to ef- MENT INSURANCE.— SEC. 610. FAA TASK FORCE ON AIR TRAFFIC CON- fectively and safely perform their duties; ‘‘(1) AUTHORITY TO PROVIDE INSURANCE.— TROL FACILITY CONDITIONS. (D) the ability of managers and supervisors The Board may procure accidental death and (a) ESTABLISHMENT.—The Administrator of of such employees to promptly document and dismemberment insurance for an employee the Federal Aviation Administration shall seek remediation for unsafe facility condi- of the Board who travels for an accident in- establish a special task force to be known as tions; vestigation or other activity of the Board the ‘‘FAA Task Force on Air Traffic Control (E) whether employees of the Administra- outside the United States or inside the Facility Conditions’’ (in this section referred tion who report facility-related illnesses are United States under hazardous cir- to as the ‘‘Task Force’’). treated fairly; cumstances, as defined by the Board. (b) MEMBERSHIP.— (F) utilization of scientifically-approved ‘‘(2) CREDITING OF INSURANCE BENEFITS TO (1) COMPOSITION.—The Task Force shall be remediation techniques in a timely fashion OFFSET UNITED STATES TORT LIABILITY.—Any composed of 12 members of whom— once hazardous conditions are identified in a amounts paid to a person under insurance (A) 8 members shall be appointed by the facility of the Administration; and coverage procured under this subsection Administrator; and (G) resources allocated to facility mainte- shall be credited as offsetting any liability of (B) 4 members shall be appointed by labor nance and renovation by the Administration. the United States to pay damages to that unions representing employees who work at (2) FACILITY CONDITION INDICIES (FCI).—The person under section 1346(b) of title 28, chap- field facilities of the Administration. Task Force shall review the facility condi- ter 171 of title 28, chapter 163 of title 10, or (2) QUALIFICATIONS.—Of the members ap- tion indicies of the Administration (in this any other provision of law authorizing recov- pointed by the Administrator under para- section referred to as the ‘‘FCI’’) for inclu- ery based upon tort liability of the United graph (1)(A)— sion in the recommendations under sub- States in connection with the injury or (A) 4 members shall be specialists on toxic section (g). death resulting in the insurance payment. mold abatement, ‘‘sick building syndrome,’’ (g) RECOMMENDATIONS.—Based on the re- ‘‘(3) TREATMENT OF INSURANCE BENEFITS.— and other hazardous building conditions that sults of the study and review of the FCI Any amounts paid under insurance coverage can lead to employee health concerns and under subsection (f), the Task Force shall procured under this subsection shall not— shall be appointed by the Administrator in make recommendations as it considers nec- ‘‘(A) be considered additional pay or allow- consultation with the Director of the Na- essary to— ances for purposes of section 5536 of title 5; tional Institute for Occupational Safety and (1) prioritize those facilities needing the or Health; and most immediate attention in order of the ‘‘(B) offset any benefits an employee may (B) 2 members shall be specialists on the greatest risk to employee health and safety; have as a result of government service, in- rehabilitation of aging buildings. (2) ensure that the Administration is using cluding compensation under chapter 81 of (3) TERMS.—Members shall be appointed for scientifically approved remediation tech- title 5. the life of the Task Force. niques in all facilities; and ‘‘(4) ENTITLEMENT TO OTHER INSURANCE.— (4) VACANCIES.—A vacancy in the Task (3) assist the Administration in making Nothing in this subsection shall be construed Force shall be filled in the manner in which programmatic changes so that aging air traf- as affecting the entitlement of an employee the original appointment was made. fic control facilities do not deteriorate to to insurance under section 8704(b) of title 5.’’. (5) TRAVEL EXPENSES.—Members shall unsafe levels. Page 184, line 8, after ‘‘Infrastructure’’ in- serve without pay but shall receive travel ex- (h) REPORT.—Not later than 6 months after sert ‘‘and Committee on Homeland Secu- penses, including per diem in lieu of subsist- the date on which initial appointments of rity’’. ence, in accordance with subchapter I of members to the Task Force are completed, Page 185, strike line 12 and insert the fol- chapter 57 of title 5, United States Code. the Task Force shall submit to the Adminis- lowing:

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SEC. 815. 1940 AIR TERMINAL MUSEUM AT WIL- (1) AIR CARRIER.—The term ‘‘air carrier’’ project carried out under the pilot program LIAM P. HOBBY AIRPORT, HOUSTON, means an air carrier that holds a certificate shall be 80 percent. TEXAS. issued under chapter 411 of title 49, United (2) DETERMINATION.—In determining the al- At the end of title VIII on page 186, insert States Code. lowable project costs of a project carried out the following: (2) COVERED AIR CARRIER.—The term ‘‘cov- under the pilot program for purposes of this SEC. 816. DUTY PERIODS AND FLIGHT TIME LIMI- ered air carrier’’ means an air carrier that is subsection, the Administrator shall deduct TATIONS APPLICABLE TO FLIGHT involved in a covered transaction. from the total costs of the project that por- CREWMEMBERS. tion of the total costs of the project that are Not later than 180 days after the date of (3) COVERED EMPLOYEE.—The term ‘‘cov- incurred with respect to real property that is enactment of this Act, the Administrator of ered employee’’ means an employee who— not owned or to be acquired by the airport the Federal Aviation Administration shall (A) is not a temporary employee; and operator pursuant to the noise compatibility initiate a rulemaking proceeding for the fol- (B) is a member of a craft or class that is program for the airport or that is not owned lowing purposes: subject to the Railway Labor Act (45 U.S.C. by an affected local jurisdiction or other (1) To require a flight crewmember who is 151 et seq.). public entity. employed by an air carrier conducting oper- (4) COVERED TRANSACTION.—The term ‘‘cov- (3) MAXIMUM AMOUNT.—Not more than ations under part 121 of title 14, Code of Fed- ered transaction’’ means— (A) a transaction for the combination of $5,000,000 in funds made available under sec- eral Regulations, and who accepts an addi- tion 47117(e) of title 49, United States Code, tional assignment for flying under part 91 of multiple air carriers into a single air carrier; and which may be expended under this pilot program at such title from the air carrier or from any any single public-use airport. other air carrier conducting operations (B) involves the transfer of ownership or control of— (f) SPECIAL RULES FOR REPAID FUNDS.—The under part 121 or 135 of such title, to apply amounts repaid to the Administrator with the period of the additional assignment (re- (i) 50 percent or more of the equity securi- ties (as defined in section 101 of title 11, respect to an airport under subsection gardless of whether the assignment is per- (c)(3)— formed by the flight crewmember before or United States Code) of an air carrier; or (ii) 50 percent or more (by value) of the as- (1) shall be available to the Administrator after an assignment to fly under part 121 of for the following actions giving preference to such title) toward any limitation applicable sets of the air carrier. (d) APPLICATION.—This section shall not such actions in descending order: to the flight crewmember relating to duty apply to any covered transaction involving a (A) reinvestment in an approved noise periods or flight times under part 121 of such covered air carrier that took place before the compatibility project at the airport; title. date of enactment of this Act. (B) reinvestment in another project at the (2) To require a flight crewmember who is airport that is available for funding under employed by an air carrier conducting oper- SEC. 818. PILOT PROGRAM FOR REDEVELOP- MENT OF AIRPORT PROPERTIES. section 47117(e) of title 49, United States ations under part 135 of title 14, Code of Fed- (a) IN GENERAL.—Not later than one year Code; eral Regulations, and who accepts an addi- after the date of enactment of this Act, the (C) reinvestment in an approved airport de- tional assignment for flying under part 91 of Administrator of the Federal Aviation Ad- velopment project at the airport that is eli- such title from the air carrier or any other ministration shall establish a pilot program gible for funding under section 47114, 47115, air carrier conducting operations under part at up to 4 public-use airports (as defined in or 47117 of such title; 121 or 135 of such title, to apply the period of section 47102 of title 49, United States Code) (D) reinvestment in approved noise com- the additional assignment (regardless of that have a noise compatibility program ap- patibility project at any other public air- whether the assignment is performed by the proved by the Administrator under section port; and flight crewmember before or after an assign- 47504 of such title. (E) deposit in the Airport and Airway ment to fly under part 135 of such title) to- (b) GRANTS.—Under the pilot program, the Trust Fund established under section 9502 of ward any limitation applicable to the flight Administrator may make a grant in a fiscal the Internal Revenue Code of 1986 (26 U.S.C. crewmember relating to duty periods or year, from funds made available under sec- 9502); flight times under part 135 of such title. tion 47117(e)(1)(A) of such title, to the oper- (2) shall be in addition to amounts author- SEC. 817. LABOR INTEGRATION. ator of an airport participating in the pilot ized under section 48103 of title 49, United (a) LABOR INTEGRATION.—With respect to program— States Code; and any covered transaction involving a covered (1) to support joint planning (including (3) shall remain available until expended. air carrier that results in the combination of planning described in section 47504(a)(2)(F) of (g) USE OF PASSENGER FACILITY REVENUE.— crafts or classes that are subject to the Rail- such title), engineering design, and environ- An operator of an airport participating in way Labor Act (45 U.S.C. 151 et seq.), sec- mental permitting for the assembly and re- the pilot program may use passenger facility tions 3 and 13 of the labor protective provi- development of real property purchased with revenue collected for the airport under sec- tion 40117 of title 49, United States Code, to sions imposed by the Civil Aeronautics noise mitigation funds made available under pay the portion of the total cost of a project Board in the Allegheny-Mohawk merger (as section 48103 or passenger facility revenues carried out by the operator under the pilot published at 59 C.A.B. 45) shall apply to the collected for the airport under section 40117 program that are not allowable under sub- integration of covered employees of the cov- of such title; and section (e)(2). ered air carrier; except that— (2) to encourage compatible land uses with (h) SUNSET.—The Administrator may not (1) if the same collective bargaining agent the airport and generate economic benefits make a grant under the pilot program after represents the combining crafts or classes at to the airport operator and an affected local September 30, 2011. the covered air carrier, that collective bar- jurisdiction. (i) REPORT TO CONGRESS.—Not later than gaining agent’s internal policies regarding (c) GRANT REQUIREMENTS.—The Adminis- the last day of the 30th month following the integration, if any, will not be affected by trator may not make a grant under this sec- date on which the first grant is made under and will supercede the requirements of this tion unless the grant is made— this section, the Administrator shall report section; and (1) to enable the airport operator and an to Congress on the effectiveness of the pilot (2) the requirements of any collective bar- affected local jurisdiction to expedite their program on returning real property pur- gaining agreement that may be applicable to noise mitigation redevelopment efforts with chased with noise mitigation funds made the terms of integration involving covered respect to real property described in sub- available under section 47117(e)(1)(A) or 47505 employees of the covered air carrier shall section (b)(1); and or passenger facility revenues to productive also not be affected by and will supersede the (2) subject to a requirement that the af- use. requirements of this section, so long as those fected local jurisdiction has adopted zoning (j) NOISE COMPATIBILITY MEASURES.—Sec- provisions supply at least the protections af- regulations that permit compatible redevel- tion 47504(a)(2) is amended— forded by sections 3 and 13 of the Allegheny- opment of real property described in sub- (1) by striking ‘‘and’’ at the end of subpara- Mohawk provisions. section (b)(1); graph (D); (b) ENFORCEMENT.—Any labor organization (3) subject to a requirement that funds (2) by striking the period at the end of sub- that represents individuals that are ag- made available under section 47117(e)(1)(A) paragraph (E) and inserting ‘‘; and’’; and grieved as a result of a violation of the labor with respect to real property assembled and (3) by adding at the end the following: protective provisions applied under sub- redeveloped under subsection (b)(1) plus the ‘‘(F) joint comprehensive land use plan- section (a) may bring an action to enforce amount of any grants made for acquisition of ning, including master plans, traffic studies, this section, or to enforce the terms of any such property under section 47504 of such environmental evaluation and economic and award or agreement resulting from arbitra- title are repaid to the Administrator upon feasibility studies, with neighboring local ju- tion or a settlement relating to the require- the sale of such property. risdictions undertaking community redevel- ments of this section. An action under this (d) COOPERATION WITH LOCAL AFFECTED JU- opment in the area where any land or other subsection shall be brought in an appropriate RISDICTION.—An airport operator may use property interest acquired by the airport op- United States district court determined in funds granted under this section for a pur- erator under this subsection is located, to accordance with section 1391 of title 28, pose described in subsection (b) only in co- encourage and enhance redevelopment op- United States Code, without regard to the operation with an affected local jurisdiction. portunities that reflect zoning and uses that amount in controversy. (e) UNITED STATES GOVERNMENT SHARE.— will prevent the introduction of additional (c) DEFINITIONS.—In this section, the fol- (1) IN GENERAL.—The United States Gov- incompatible uses and enhance redevelop- lowing definitions apply: ernment share of the allowable costs of a ment potential.’’.

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.034 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10679 SEC. 819. HELICOPTER OPERATIONS OVER LONG (B) by inserting after ‘‘44909)’’ the fol- Mr. COSTELLO. I thank Mr. OBER- ISLAND, NEW YORK. lowing: ‘‘, or chapter 451’’; and STAR for yielding. (a) STUDY.—The Administrator of the Fed- (3) in subsection (d)(2)— I rise in support of the manager’s eral Aviation Administration shall conduct a (A) by inserting after ‘‘44723)’’ the fol- study on helicopter operations over Long Is- amendment. The amendment includes lowing: ‘‘, chapter 451 (except section 45107)’’; a variety of provisions important to land, New York. and (b) CONTENTS.—In conducting the study, (B) by inserting after ‘‘44909),’’ the fol- the future of aviation. And I will the Administrator shall examine, at a min- lowing: ‘‘section 45107 or’’. quickly just highlight a few provisions imum, the following: in the amendment. (1) The effect of helicopter operations on SEC. 822. REALIGNMENT OF TERMINAL RADAR APPROACH CONTROL AT PALM One is, we make a variety of im- residential areas, including— BEACH INTERNATIONAL AIRPORT. provements to the Essential Air Serv- (A) safety issues relating to helicopter op- (a) PROHIBITION.—The Administrator of the ice program which supports over 100 erations; Federal Aviation Administration may not communities in 35 States. The amend- (B) noise levels relating to helicopter oper- carry out, or plan for, the consolidation, ations and ways to abate the noise levels; ment includes language to provide that deconsolidation, colocation, execution of all future integrations of labor senior- and interfacility reorganization, or facility (C) any other issue relating to helicopter elimination of the terminal radar approach ity lists will be completed in a fair and operations on residential areas. control (TRACON) at Palm Beach Inter- equitable manner. (2) The feasibility of diverting helicopters national Airport. As a Member of Congress that rep- from residential areas. (b) REPLACEMENT OF TERMINAL RADAR AP- resents the St. Louis area, what I went (3) The feasibility of creating specific air PROACH CONTROL AT PALM BEACH INTER- through with the TWA and American lanes for helicopter operations. NATIONAL AIRPORT.—The Administrator shall Airlines merger was very difficult for (4) The feasibility of establishing altitude take such action as may be necessary to en- many employees, and we want to pre- limits for helicopter operations. sure that any air traffic control tower or fa- (c) EXCEPTIONS.—Any determination under vent that hardship from occurring in cility placed into operation at Palm Beach this section on the feasibility of establishing the future. limitations or restrictions for helicopter op- International Airport after September 30, We also include an update of our air- erations over Long Island, New York, shall 2007, to replace an air traffic control tower craft rescue and firefighting standards. or facility placed into operation before Sep- not apply to helicopters performing oper- The current FAA standards have not ations for news organizations, the military, tember 30, 2007, includes an operating ter- minal radar approach control. been updated since 1988. law enforcement, or providers of emergency And, finally, I need to highlight the services. Conform the table of contents of the (d) LIMITATION ON STATUTORY CONSTRUC- amendment accordingly. fact that the manager’s amendment TION.—Nothing in this section shall be con- The Acting CHAIRMAN. Pursuant to does strengthen the consumer protec- strued to interfere with the Federal Aviation House Resolution 664, the gentleman tion part of the bill and creates a Pas- Administration’s authority to ensure the from Minnesota (Mr. OBERSTAR) and a senger Bill of Rights. It requires large safe and efficient use of the national air- Member opposed each will control 5 air carriers, large hubs and medium space system. hubs to follow emergency contingency (e) REPORT.—Not later than 6 months after minutes. the date of the enactment of this Act, the The Chair recognizes the gentleman plans, detailing food, water, restroom Administrator shall submit to Congress a re- from Minnesota. facilities, cabin ventilation, and med- port on the results of the study, including in- Mr. OBERSTAR. Airline delays, as I ical treatment for passengers onboard formation and recommendations concerning said at the outset of general debate, aircraft with the Secretary of Trans- the issues examined under subsection (b). have reached historic levels, 72 percent portation. The plan must also be up- SEC. 820. CABIN TEMPERATURE STANDARDS of flights arriving on time so far this dated periodically. And fines are im- STUDY. posed by the Department of Transpor- (a) STUDY.—Not later than 6 months after year. Long term, we need continued the date of enactment of this Act, the Ad- modernization of the aircraft traffic tation for violations. The manager’s amendment strength- ministrator of the Federal Aviation Admin- control system. That is not to say that ens these provisions in many ways. istration shall conduct a study to determine this is a system that has been frozen in First, it specifies that the water pro- whether onboard temperature standards are time and nothing has been done. necessary to protect cabin and cockpit crew vided must meet the Safe Drinking The FAA has, over the past 20-plus members and passengers on an aircraft of an Water Act standard. Secondly, carriers years, 25 years, installed over 80,000 air carrier used to provide air transportation in airports must detail how they will pieces of technology to upgrade, mod- from excessive heat onboard such aircraft allow passengers to deplane following during standard operations or during an ex- ernize, expand, and increase capacity excessive delays. cessive flight delay. in the air traffic control system. (b) TEMPERATURE REVIEW.—In conducting Third, the manager’s amendment ex- They installed a voice switching and plicitly states that DOT can assess the study under subsection (a), the Adminis- control system over one weekend, with trator shall— civil penalties against air carriers or (1) survey onboard cabin and cockpit tem- a million lines of computer code, in- airports that fail to adhere to these ap- peratures of a representative sampling of dif- stalling this entirely new communica- proved contingency plans. ferent aircraft types and operations; tion system over one weekend without Finally, aircraft and airports are re- (2) address the appropriate placement of a second of delay in the air traffic con- quired to submit these plans and en- temperature monitoring devices onboard the trol operations. That’s like changing a sure public access to these documents. aircraft to determine the most accurate tire on a car moving at 60 miles an measurement of onboard temperature and And, also, the FAA would be required hour. They did it. to install an 800 number for consumers develop a system for the reporting of exces- They installed the automatic re- sive temperature onboard passenger aircraft to use as a hotline to report problems by cockpit and cabin crew members; and placement system for the en route cen- that they are encountering. (3) review the impact of implementing such ters, and did that after 5 years of devel- Also, the provision updates over- onboard temperature standards on the envi- opment of this greatly enhanced new booking compensation and requires the ronment, fuel economy, and avionics and de- technology, increasing to 1,300,000 lines formation of an advisory committee termine the costs associated with such im- of computer code. And the installment for aviation consumer protection to plementation and the feasibility of using is now working well. provide recommendations to the Sec- ground equipment or other mitigation meas- The Standard Terminal Automation ures to offset any such costs. retary. (c) REPORT TO CONGRESS.—Not later than Replacement System, the STARS, And, Mr. Chairman, as you can see, 18 months after the date of enactment of this that, too, took years to develop; these improvements are all important Act, the Administrator shall submit to Con- 1,300,000 lines of computer code also in- to our policy that improve the safety gress a report on the findings of the study. stalled and operating effectively. But of our aviation system and expand the SEC. 821. CIVIL PENALTIES TECHNICAL AMEND- those were platforms on which we build availability of service. MENTS. the air traffic control technology of I urge my colleagues to support the Section 46301 is amended— the future. And in this legislation, we (1) in subsection (a)(1)(A) by inserting Oberstar manager’s amendment, and I ‘‘chapter 451,’’ before ‘‘section 47107(b)’’; provide for the funding of the air traf- thank the gentleman for yielding. (2) in subsection (a)(5)(A)(i)— fic control technology of the future. Mr. OBERSTAR. We’ll call it the (A) by striking ‘‘or chapter 449’’ and insert- Mr. Chairman, I yield now to the gen- Oberstar-Costello manager’s amend- ing ‘‘chapter 449’’; and tleman from Illinois (Mr. COSTELLO). ment, which will serve to reduce

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.034 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN H10680 CONGRESSIONAL RECORD — HOUSE September 20, 2007 delays, increase passenger rights, en- chanics; but when you put a provision under section 48103 of title 49, United States hance small community air service, in, that is contrary to international Code, to Lake County to assist in Lake and improve oversight of safety main- treaties and agreements. So the list County’s purchase of the Lost Nation Air- tenance of aircraft. goes on and on. I guess ranking mem- port under subsection (a). (2) FEDERAL SHARE.—The Federal share Mr. Chairman, I yield back the bal- ber, Mr. PETRI, said the bug control no- of the grant under this subsection shall be ance of my time. tification is sort of the icing on the for 90 percent of the cost of Lake County’s Mr. PETRI. Mr. Chairman, I rise to cake of why we can’t support the man- purchase of the Lost Nation Airport, but in claim the time in opposition to the ager’s amendment. Just some well-in- no event may the Federal share of the grant Oberstar-Costello manager’s amend- tended provisions, but misguided. exceed $1,220,000. ment. We certainly will work with the (3) APPROVAL.—The Secretary may make The Acting CHAIRMAN. The gen- other side. We tried up until the intro- a grant under this subsection only if the Sec- tleman from Wisconsin is recognized duction, and we will continue honest retary receives such written assurances as for 5 minutes. the Secretary may require under section efforts to take their good intentions 47107 of title 49, United States Code, with re- Mr. PETRI. Unfortunately, I can’t and put it into good legislation rather spect to the grant and Lost Nation Airport. support this amendment. While we than a maze of costs, mandates, and Page 181, line 3, strike ‘‘(b)’’ and insert have reached bipartisan agreements on burdens that don’t get us where we ‘‘(c)’’. many of the provisions, there are sev- need to be. The Acting CHAIRMAN. Pursuant to eral that impose new burdens, new reg- Mr. PETRI. Mr. Chairman, I yield House Resolution 664, the gentleman ulations and potentially high and crip- back the balance of my time. from Ohio (Mr. LATOURETTE) and a pling costs. For example, notifying a MODIFICATION TO AMENDMENT NO. 1 OFFERED Member opposed each will control 5 passenger when buying a ticket wheth- BY MR. OBERSTAR minutes. er an insecticide has been used on the Mr. OBERSTAR. Mr. Chairman, I ask The Chair recognizes the gentleman plane in the last 60 days before the unanimous consent to amend the man- from Ohio. flight is a procedural nightmare for ager’s amendment with an amendment Mr. LATOURETTE. I want to thank airlines. Is it really a national problem which is at the desk. the chairman of the full committee, that requires such onerous regulation? The Acting CHAIRMAN. The Clerk Mr. OBERSTAR, and the chairman of the How many flights would that plane will report the modification. subcommittee, Mr. COSTELLO, together have taken and in what countries? It’s The Clerk read as follows: with the ranking member of the full just incredible. Modification to Amendment No. 1 offered committee and subcommittee for Again, many provisions are worthy, by Mr. OBERSTAR: working with me on this amendment. but I cannot support this amendment. In proposed section 513, add before the sec- The chairman of the full committee I yield such time as he may consume ond period, ‘‘and JFK Airport’’. is fond of saying that the civil aviation to our ranking member, Mr. MICA. The Acting CHAIRMAN. Is there ob- system in the United States is the Mr. MICA. I thank the ranking mem- jection to the request of the gentleman safest in the world because under his ber, Mr. PETRI. from Minnesota? leadership, and with the work of oth- Unfortunately, I have to rise, also, in Mr. MICA. Reserving the right to ob- ers, we have built in an amazing opposition to the manager’s amend- ject, I would like to know what’s in the amount of redundancy. Redundancy ment. I did cite that the poison pill proposed amendment to the manager’s not only deals with the equipment that that was added after introduction of amendment. flies in the air, the air traffic control the bill was, of course, the reach-back Mr. OBERSTAR. If the gentleman system; but it also relies upon the fact for Big Labor, which has a $1.9 billion would yield on his reservation. that you need to have sufficient capac- price tag over 5 years. We’ve had prob- Mr. MICA. Yes. ity should there be a disaster, or lems with the FedEx provision, which Mr. OBERSTAR. It is to add JFK weather, or other things. unfairly targets that company. Airport to the language pending in the As a result of this amendment, if this I agreed to raise some fees, but then manager’s amendment. amendment is agreed to, we will make in the main bill we would divert some Mr. MICA. And this is under a sense sure that northeastern Ohio continues funds to bicycle storage. We open up of Congress provision? to have sufficient capacity in its civil multi-billion dollar funding for pur- Mr. OBERSTAR. Yes. aviation system. poses like that that are hard to explain Mr. MICA. Mr. Chairman, I withdraw I urge the passage of the amendment to people who want airports expanded my reservation. and would be happy to yield to the and improvements and get something The Acting CHAIRMAN. Without ob- chairman of the full committee. else. jection, the modification is accepted. b 1300 We have some 40-now studies as a re- There was no objection. sult of the manager’s amendment, I The Acting CHAIRMAN. The ques- Mr. OBERSTAR. I thank the gen- think we’re up to at least 40, and $25 tion is on the amendment offered by tleman for yielding. The gentleman’s million costs, not to mention addi- the gentleman from Minnesota (Mr. amendment will make certain that we tional earmarks for union. OBERSTAR), as modified. retain capacity in the Nation’s avia- The OSHA provision for regulation The amendment, as modified, was tion system. All the water that ever on airplanes added in this, I think it’s agreed to. was on Earth is here today. We are not important that we have safe cabins for making any more of it. And all the air- passengers, but again, we can have a AMENDMENT NO. 2 OFFERED BY MR. LATOURETTE ports there are or ever will be, frankly, nightmare in imposing OSHA regula- are here now. It is just so difficult to The Acting CHAIRMAN. It is now in tions where they’re very difficult to en- add aviation capacity in this country order to consider amendment No. 2 force and create, again, a nightmare and airport capacity. printed in part C of House Report 110– not only for enforcement, but for those The gentleman’s amendment will 335. who work on the aircraft and for those make it possible not only to retain but Mr. LATOURETTE. Mr. Chairman, I who are involved in commercial avia- to enhance existing airport capacity. I offer an amendment. tion. thank him for offering the amendment. The Acting CHAIRMAN. The Clerk Firefighting standards are impor- Mr. LATOURETTE. I yield to the will designate the amendment. tant, but to impose them, and we tried ranking member of the subcommittee. The text of the amendment is as fol- to get some more reasonable standards, Mr. PETRI. I congratulate you on lows: but to impose them arbitrarily at huge working to get this amendment in a expense for small and medium airports Amendment No. 2 offered by Mr. way that it can be supported. It is sup- that don’t have the traffic that war- LATOURETTE: Page 181, after line 2, insert the fol- ported by both sides. rant some of these mandates from the lowing: Mr. LATOURETTE. I yield back the Federal level, diversion of additional (b) GRANTS.— balance of my time. funds. We want our foreign repair sta- (1) IN GENERAL.—The Secretary may The Acting CHAIRMAN. The ques- tions to have the best certified me- make a grant, from funds made available tion is on the amendment offered by

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.043 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10681 the gentleman from Ohio (Mr. a controlled substance and alcohol flights, developing incentives for airlines to LATOURETTE). testing program consistent with U.S. reduce the number of flights offered, and in- The amendment was agreed to. domestic requirements. So if DOT can stituting slots and quotas at airports. In ad- dition, the Comptroller General shall com- AMENDMENT NO. 3 OFFERED BY MR. POE impose the requirements on Mexican pare the efficiency of implementing the The Acting CHAIRMAN. It is now in drivers as a condition of entering the strategies in the preceding sentence with re- order to consider amendment No. 3 U.S. in the name of safety, there is no designing airspace and evaluate any legal ob- printed in part C of House Report 110– reason why the FAA cannot follow suit stacles to implementing such strategies. 335. with similar requirements for foreign The Acting CHAIRMAN. Pursuant to Mr. POE. Mr. Chairman, I offer an mechanics working on aircraft that House Resolution 664, the gentleman amendment. will operate in the United States. from Connecticut (Mr. SHAYS) and a The Acting CHAIRMAN. The Clerk This is a safety issue. Mechanics that Member opposed each will control 5 will designate the amendment. work on American aircraft overseas minutes. The text of the amendment is as fol- should meet the same drug testing re- The Chair recognizes the gentleman lows: quirements as mechanics that work on from Connecticut. Amendment No. 3 offered by Mr. POE: these aircraft in the borders of the Mr. SHAYS. Mr. Chairman, I thank Page 96, line 19, after ‘‘shall’’ insert ‘‘(1)’’. United States. the gentleman and I thank the Rules Page 96, line 25, before the first period, in- I urge support of this amendment to Committee for allowing this to be put sert ‘‘, and (2) modify the certification re- close this loophole so that all mainte- in order and the Transportation Com- quirements under such part to include test- nance workers who work on planes that ing for the use of alcohol or a controlled sub- mittee chairman for agreeing to that. stance in accordance with section 45102 of fly in the United States equally are The FAA is currently implementing any individual performing a safety-sensitive treated the same and undergo drug and a plan known as the Integrated Air- function at a foreign aircraft repair station, alcohol testing. space Alternative to redesign the including an individual working at a station Mr. Chairman, I reserve the balance Northeast airspace to improve conges- of a third-party with whom an air carrier of my time. tion at the busiest airports in the contracts to perform work on air carrier air- Mr. COSTELLO. Mr. Chairman, I rise Northeast. The FAA only has to con- craft or components’’. in support of the amendment. sider safety and efficiency when mak- The Acting CHAIRMAN. Pursuant to The Acting CHAIRMAN. Without ob- ing their decisions. But they do not House Resolution 664, the gentleman jection, the gentleman from Illinois is have to consider the effect of air traffic from Texas (Mr. POE) and a Member op- recognized for 5 minutes. on the quality of life in the commu- posed each will control 5 minutes. There was no objection. nities near the airports. The Chair recognizes the gentleman Mr. COSTELLO. Mr. Chairman, I Congressman GARRETT and I are of- from Texas. thank the gentleman from Texas, a fering an amendment today to require Mr. POE. Mr. Chairman, aircraft re- member of the subcommittee, for offer- the Government Accountability Office pair stations located in foreign coun- ing this amendment. He is correct. It is to issue a report assessing the possi- tries are allowed to become certified by a safety issue. It is a commonsense bility of utilizing market-based strate- the Federal Aviation Administration amendment that clears up a double gies for air congestion reduction. These to work on United States aircraft with- standard. The Poe amendment simply strategies could include incentivizing out meeting the same standards or requires that as a condition of receiv- airlines to move flights to offpeak being subject to the same oversight im- ing an FAA certificate to work on U.S. times and implementing slot systems posed on domestic stations in regard to aircraft that workers must meet a for airports or quotas. The report drug and alcohol testing of workers. basic safety requirement that the FAA would also have the GAO compare This amendment would close this imposes on repair stations and workers these strategies’ effectiveness against loophole because it makes no sense to here in the United States. redesigned air space. require U.S. mechanics to undergo var- Again, I commend the gentleman With that, I just say this amendment ious levels of drug and alcohol testing from Texas for his thoughtful amend- does not hold up the redesign process. if workers doing the same work on the ment. We support the amendment. It simply requires a study. same type of aircraft for the part of the Mr. Chairman, I yield back the bal- Mr. Chairman, I don’t know if Mr. same airlines are exempt from this re- ance of my time. GARRETT is here. If not, I yield 1 quirement simply because the station Mr. POE. I thank the gentleman for minute to my colleague, the gentleman is located overseas in another country. his comments and his support on this from New Jersey (Mr. FRELINGHUYSEN). According to a report by the Inspector amendment. I yield back the balance of Mr. FRELINGHUYSEN. Mr. Chair- General of the Department of Trans- my time. man, I would like to thank the gen- portation, the number of certified for- The Acting CHAIRMAN. The ques- tleman from Connecticut for yielding eign repair stations has increased from tion is on the amendment offered by and for his work and for my colleague 344 in 1994 to almost 700 in 2007, more the gentleman from Texas (Mr. POE). SCOTT GARRETT’s work in keeping the than double the number of stations The amendment was agreed to. issue of increased airline noise before over the last 13 years. U.S. air carriers AMENDMENT NO. 4 OFFERED BY MR. SHAYS the public. Throughout my tenure in now outsource overseas 35 percent of The Acting CHAIRMAN. It is now in the House, I have been an advocate for their maintenance work to foreign re- order to consider amendment No. 4 reducing aircraft noise over northern pair stations, and that is up 21 percent printed in part C of House Report 110– New Jersey. I have attended dozens of from 2003. This growing trend neces- 335. public hearings, had meetings with of- sitates the additional safety standards. Mr. SHAYS. Mr. Chairman, I offer an ficials from the FAA and responded to The FAA itself has moved to extend amendment. literally thousands of my constituents drug and alcohol testing domestically The Acting CHAIRMAN. The Clerk who are angry about aircraft noise. and noted, ‘‘It has the statutory au- will designate the amendment. This new plan, in fact, increases air- thority and, in the interest of aviation The text of the amendment is as fol- craft noise over northern New Jersey. safety, the responsibility to require lows: I have been a strong proponent of the that individuals who actually perform Amendment No. 4 offered by Mr. SHAYS: redesign for airspace over New York safety-sensitive duties are subject to At the end of title VIII, add the following: and New Jersey. The first such design drug and alcohol testing.’’ SEC. 816. STUDY AND REPORT ON ALLEVIATING was conducted by the FAA, and Also, the Department of Transpor- CONGESTION. through the appropriations process, I tation’s recent pilot program to allow Not later than 6 months after the date of think we got $60 million for it. But in Mexican-domiciled motor carriers to enactment of this Act, the Comptroller Gen- the process, the FAA has not ade- enter and travel throughout the United eral shall conduct a study and submit a re- quately addressed the issue of aircraft port to Congress regarding effective strate- States, DOT stipulated that operating gies to alleviate congestion in the national noise. While this amendment doesn’t authority will not be granted to these airspace at airports during peak travel deal directly with that, I am hopeful Mexican companies unless this com- times, by evaluating the effectiveness of re- that this committee and other Mem- pany has in place, and DOT can verify, ducing flight schedules and staggering bers of Congress will push the FAA to

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.049 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN H10682 CONGRESSIONAL RECORD — HOUSE September 20, 2007 concentrate on the issue of aircraft A study should have been conducted years ommendations as well as public comments. noise, because as we are concentrating ago. I support reducing delays, but we should The purpose of this section is to ensure that on airline safety, we need to remember first know if the FAA’s actions will improve air FAA consolidation cannot take place without that people have to live in the area. travel. It would be a mistake for the FAA to the input of affected stakeholders, the public Mr. SHAYS. Mr. Chairman, I yield continue on this course without knowing and Members of Congress. such time as he may consume to the whether the airspace redesign would even re- Mr. Chairman, the gentlewoman from Cali- chairman, the gentleman from Illinois duce delays. fornia, Representative WATERS has concerns (Mr. COSTELLO). I urge my colleagues to support this amend- about the FAA’s consolidation of FAA regional Mr. COSTELLO. Mr. Chairman, I ment because today we are affected, tomor- offices. The FAA has nine regional offices thank the gentleman for yielding, and row you could be. serving airports in all 50 States. One of these I rise in support of the Shays amend- Mr. SHAYS. Mr. Chairman, I yield offices, the Western-Pacific Regional Office, is ment. Almost 28 percent of flights in back the balance of my time. located in Hawthorne, California, in MAXINE the last 7 months in 2007 were late. We The Acting CHAIRMAN. The ques- WATERS’ congressional district. My home State have a serious problem with congestion tion is on the amendment offered by of Florida is served by the Southern Regional and delays in our aviation system. We the gentleman from Connecticut (Mr. Office, which is located in Georgia. must look at all options for reducing SHAYS). Last year, the FAA consolidated administra- these incidents. The amendment was agreed to. tive and technical support services in the re- Mr. SHAYS’ amendment allows the AMENDMENT NO. 5 OFFERED BY MR. HASTINGS gional offices. The previous year, the FAA GAO to review a variety of options so OF FLORIDA consolidated financial accounting services in that we, as policy makers, can be in- The Acting CHAIRMAN. It is now in these offices. The FAA did not seek or accept formed and make responsible decisions order to consider amendment No. 5 input from Congress, regional office employ- towards improving the congestion and printed in part C of House Report 110– ees, or the affected communities prior to con- delay problem. 335. solidating these services. Mr. Chairman, I support the Shays Mr. HASTINGS of Florida. Mr. Chair- It has come to our attention that the FAA is amendment, and I thank him for his man, I offer an amendment. currently considering plans to consolidate the amendment. The Acting CHAIRMAN. The Clerk engineering services in the regional offices. Mr. SHAYS. Mr. Chairman, I thank will designate the amendment. the gentleman for his kind words in However, no public comment has been re- The text of the amendment is as fol- quested by the FAA, despite the fact that engi- support of this amendment offered by lows: Mr. GARRETT, myself, Mr. FRELING- neering services are critical for the safe oper- Amendment No. 5 offered by Mr. HASTINGS ation of air traffic control towers. HUYSEN, and I know ELIOT ENGEL, if he of Florida: were here, would have wanted to speak Mr. Chairman, this amendment would clarify Page 175, line 21, after ‘‘facilities’’ insert that Section 807 applies not only to the con- on it. ‘‘(including regional offices)’’. Mr. GARRETT of New Jersey. Mr. Chair- Page 176, line 8, before ‘‘field’’ insert ‘‘re- solidation of FAA field offices and air traffic man, I am proud to offer this amendment with gional or’’. control facilities, but also to the consolidation my colleague from Connecticut. The FAA re- Page 176, line 23, after ‘‘facility’’ insert of FAA regional offices and the services they cently released their Record of Decision re- ‘‘(including a regional office)’’. perform. This amendment would ensure that garding the New York/New Jersey/Philadel- Page 177, lines 17 and 22, after ‘‘facilities’’ proposals to consolidate the FAA’s regional of- insert ‘‘(including regional offices)’’. phia Airspace Redesign and it simply fails to fices will be subject to the same open and achieve a livable balance for tens of thou- The Acting CHAIRMAN. Pursuant to transparent process as proposals to consoli- sands of citizens living in north Jersey. House Resolution 664, the gentleman date other FAA offices and facilities. The State goal of the redesign was to re- from Florida (Mr. HASTINGS) and a I urge my colleagues to support this amend- duce delays and airspace congestion: the FAA Member opposed each will control 5 ment. met this goal by flying planes over commu- minutes. Mr. Chairman, I reserve the balance nities that up till now have not had to deal with The Chair recognizes the gentleman of my time. the noise and pollution generated by overhead from Florida. The Acting CHAIRMAN. Does any air routes. The FAA’s study failed to look into Mr. HASTINGS of Florida. Mr. Chair- Member seek time in opposition? any strategies other than airspace redesign to man, I assure the Chair that I shall not Mr. HASTINGS of Florida. Mr. Chair- reduce delays and congestion. use all 5 minutes, but I do wish to take man, I am prepared to yield back, and Our amendment will ask the GAO to evalu- cognizance of the fact that Ms. WATERS I do yield back. ate how other strategies could reduce delay. I is not here today. I am handling this The Acting CHAIRMAN. The ques- have asked the FAA to review alternative amendment as her designee. She is in tion is on the amendment offered by strategies and politely been rebuffed. Perhaps Jena, Louisiana today along with thou- the gentleman from Florida (Mr. when we compare the results of this study sands of others who are mindful of con- HASTINGS). with the FAA’s claims perhaps we can have a tinuing injustices in this country. The amendment was agreed to. clear view of whether rerouting planes over They are demonstrating to highlight AMENDMENT NO. 6 OFFERED BY MR. COSTELLO our communities is really called for. those injustices. The Acting CHAIRMAN. It is now in While the Record of Decision has been Mr. Chairman, this amendment is a order to consider amendment No. 6 issued, the plans contained in it will be imple- simple clarification of the language in printed in part C of House Report 110– mented over a course of years. I am hopeful section 807. This section requires the 335. that this will give the FAA time to reconsider Secretary of Transportation to estab- Mr. COSTELLO. Mr. Chairman, I ask and to reconstruct their plans to accommodate lish a working group to review FAA unanimous consent to go to the next the concerns of citizens below the flight paths. proposals to consolidate FAA facilities amendment without prejudice. Mr. ENGEL. Mr. Chairman, I stand today in and services and make recommenda- The Acting CHAIRMAN. Once we strong support of this amendment. tions to Congress. pass No. 6, we cannot return to No. 6. This has been the worst year on record for Mr. Chairman, I urge my colleagues Mr. COSTELLO. I ask unanimous air traffic delays. The New York area, which I to support this amendment. consent to move to the next amend- represent, has three major airports with some This amendment is a simple clarification of ment. of the worst delays in the Nation. Obviously, the language in Section 807. This section re- Mr. PETRI. Reserving the right to this situation must change. This amendment quires the Secretary of Transportation to es- object, my understanding is that you would commission a study to determine how tablish a working group to review FAA pro- have to do this in the full House. best to fix these delays. posals to consolidate FAA facilities and serv- The Acting CHAIRMAN. The gen- The FAA had a chance to commission such ices and make recommendations to Congress. tleman is correct. If No. 6 is not of- a study, but instead they decided to take a This working group will include individuals who fered, we will move on to No. 7. unilateral, misguided approach to redesign the represent FAA employees, air carriers, general Mr. COSTELLO. I am prepared at airspace over thousands of residents in my aviation, and the airport community. The FAA this time to offer Mr. UDALL’s amend- congressional district. The FAA did this with- may not realign or consolidate FAA facilities ment as his designee. out consulting the very people whose lives and services until Congress has had an op- The Acting CHAIRMAN. Is the gen- would be most affected. portunity to consider the working group’s rec- tleman the designee?

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.052 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10683 Mr. COSTELLO. As Mr. UDALL’s des- training to identify and deal with in- the most expertise take the lead to do ignee. toxicated passengers is critical to en- the best job of dealing with the prob- The Acting CHAIRMAN. The Clerk suring attendants make informed deci- lem which we all agree needs to be even will designate the amendment. sions when serving alcohol. better dealt with. The text of the amendment is as fol- My amendment works to ensure air- Mr. Chairman, I would urge a ‘‘no’’ lows: line personnel receive this training. It vote on the Udall amendment. Amendment No. 6 offered by Mr. COSTELLO: requires airline carriers to provide gate Mr. Chairman, having no other re- At the end of title VIII of the bill, add the and flight attendants with alcohol- quests for time, I yield back the bal- following (and conform the table of contents server training to help them recognize ance of my time. of the bill accordingly): intoxicated persons. As New Mexico’s Mr. COSTELLO. Mr. Chairman, I SEC. 816. AIRLINE PERSONNEL TRAINING EN- Attorney General, I helped implement yield such time as he may consume to HANCEMENT. this training in the service industry, Not later than 180 days after the date of the gentleman from New Mexico (Mr. enactment of this Act, the Secretary of because research shows this knowledge UDALL). Transportation shall issue regulations under is critical to combating the problem. Mr. UDALL of New Mexico. Mr. chapter 447 of title 49, United States Code, Training would occur annually and Chairman, we must see that flight at- that require air carriers to provide initial would also provide situational training tendants are trained in a way that al- and annual recurring training for flight at- on how to handle inebriated individuals lows us to ensure the safety of those tendants and gate attendants regarding serv- who are belligerent. people in their care, our Nation’s fliers. ing alcohol, dealing with disruptive pas- The intention of my amendment is to But this amendment can do much sengers, and recognizing intoxicated persons. prevent drunk driving, but it does more. It may also help to ensure the The training shall include situational train- much more. While inebriated pas- ing on methods of handling an intoxicated safety of those who were nowhere near person who is belligerent. sengers pose a danger once they the airplane. My amendment cannot deplane and drive, they also pose a dan- prevent every tragedy that comes from The Acting CHAIRMAN. Pursuant to ger during flight. It is no secret that House Resolution 664, the gentleman alcohol abuse, but it is one more valu- when too much alcohol is involved, able step we can take. from Illinois (Mr. COSTELLO) and a tempers are more likely to flare, indi- I am pleased to note that my amend- Member opposed each will control 5 viduals are more likely to behave inap- minutes. ment has the support of the Associa- propriately, and decision-making skills tion of Flight Attendants and Mothers The Chair recognizes the gentleman are drastically impaired. For all of from Illinois. Against Drunk Driving, and I would these reactions to alcohol, flight at- like to include for the RECORD letters b 1315 tendants must have training on how to from them of support. Mr. COSTELLO. Mr. Chairman, I handle those people. It is a common- MOTHERS AGAINST DRUNK DRIVING, yield such time as he may consume to sense approach for the safety of all peo- Irving, TX, September 20, 2007. the gentleman from New Mexico (Mr. ple in flight. Hon. TOM UDALL, Unfortunately, my amendment can- UDALL). House of Representatives, Mr. UDALL of New Mexico. Mr. not prohibit all tragic drunk driving Washington, DC. accidents from occurring, but it will DEAR CONGRESSMAN UDALL: I write in sup- Chairman, I appreciate the gentleman’s port of your amendment to H.R. 2881, the yielding to me and appreciate his hard implement a system to make it more difficult for passengers over the legal FAA Reauthorization Act of 2007. work in the committee. Your amendment seeks to address a poten- Mr. Chairman, I rise today to offer a limit from boarding planes, deplaning tially serious problem taking place in our commonsense amendment that will and driving home. Training to identify skies. On more than one occasion I have read better ensure the safety of our Nation’s intoxicated passengers is critical to en- about an airline passenger who has had too citizens, both in the air and on the suring that the attendants make in- much to drink and then driven after the ground. formed decisions when allowing people flight. The Udall amendment seeks to pro- In my district last November, in a to board a flight and when deciding vide proper training to flight attendants with regard to serving alcohol as well as how situation that is unfortunately still far whether to serve them alcohol. Mr. PETRI. Mr. Chairman, I rise in to address passengers who have had too too common, a drunk driving accident opposition to the amendment. much to drink. For this reason, MADD sup- resulted in the deaths of a mother, a The Acting CHAIRMAN (Mr. MEEKS ports your amendment. According to the latest NHTSA study, in father and three children. Left behind of New York). The gentleman from in Las Vegas, New Mexico, is one sole- 2006 more than 13,000 people died in alcohol Wisconsin is recognized for 5 minutes. related crashes with a blood alcohol content surviving child. The family of six was Mr. PETRI. Mr. Chairman, I yield on their way home from a soccer match of .08 or greater. Drunk driving continues to myself such time as I may consume. be the leading cause of traffic fatalities in when their minivan was struck by a Mr. Chairman, I oppose this amend- the country. drunk driver speeding down the wrong ment because it is both unnecessary You may be interested to know that in side of the interstate. and redundant. From June 2004 to June 2006, MADD launched the campaign to elimi- As the investigation unfolded, we 2006, the FAA established an aviation nate drunk driving. The campaign consists of learned that only a few hours earlier, rulemaking advisory committee con- four points: the drunk driver was already visibly sisting of government, industry and Intensive high-visibility law enforcement, intoxicated on an airline flight to New including twice-yearly crackdowns and fre- labor unions in order to update the cur- quent enforcement efforts that include sobri- Mexico. While other passengers noticed rent training requirements. The pro- ety checkpoints and saturation patrols in all that the man appeared to be intoxi- posed rewrite of Federal regulations 50 states. cated, he was served more alcohol on will address, among other things, the Full implementation of current alcohol ig- board the flight. Just 2 hours after area of alcohol awareness training for nition interlock technologies, including ef- deplaning with a blood alcohol content flight and gate attendants. The FAA forts to require alcohol ignition interlock four times the legal limit, the man plans to publish a notice of proposed devices for all convicted drunk drivers. A took to the highway, killing this fam- rulemaking in The Federal Register be- key part of this effort is working with ily and himself. judges, prosecutors and state driver’s license fore the end of calendar year 2007. officials to stop the revolving door of repeat In the aftermath of this horrible The FAA’s current training require- offenders. tragedy, I learned that Federal regula- ments address the very issue of han- Exploration and development of advanced tions prohibit an intoxicated person dling unruly and intoxicated pas- vehicle-based technology that will detect if a both from boarding a plane, as well as sengers, both in the air and on the driver has an illegal alcohol level of .08 BAC drinking during a flight. However, the ground. This rulemaking will further or above and prevent that driver from oper- airlines are not required to train their strengthen FAA’s already adequate ating the vehicle. flight attendants on how to identify in- training programs to a level that I am Mobilization of grassroots efforts, led by over 400 MADD affiliates. toxicated passengers. In order to help sure will meet the gentleman’s expec- Again, thank you for your efforts to ad- prevent a problem from occurring, tations. dress excessive drinking on airline flights those in charge must first be able to So the Udall amendment is pre- and best wishes as you pursue your amend- identify the warning signs. Adequate mature. We should let the agency with ment.

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.055 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN H10684 CONGRESSIONAL RECORD — HOUSE September 20, 2007 Best wishes. properly trained to handle these dif- many ways to an alarming and unac- Sincerely, ficult situations and that the training ceptable state over the past couple of GLYNN BIRCH, is updated regularly. This is a com- years. According to a recent Reuters President. monsense, thoughtful amendment. I article in July, it confirmed that the 20 support the Udall amendment and urge largest airlines are on pace for their SEPTEMBER 20, 2007. my colleagues to do the same. worst year ever in delays, cancellations GIVE FLIGHT ATTENDANTS THE KNOW HOW TO Mr. Chairman, I yield back the bal- and congestion. Now, outgoing FAA DETECT INTOXICATED FLYERS AND INCREASE ance of my time. FLIGHT SAFETY—SUPPORT THE UDALL Administrator Marion Blakey has AMENDMENT TO THE FAA REAUTHORIZATION The Acting CHAIRMAN. The ques- warned that airport delays are likely ACT tion is on the amendment offered by to become worse, a distressing admoni- DEAR COLLEAGUE: Today, I am offering an the gentleman from Illinois (Mr. tion from one of the country’s foremost amendment to the FAA Reauthorization COSTELLO). authorities on air travel. that works to improve the safety of our na- The amendment was agreed to. Clearly, there is plenty of blame to tion’s travelers, both on and off the ground, AMENDMENT NO. 7 OFFERED BY MR. KLEIN OF go around. An aging infrastructure, by requiring airlines to provide alcohol serv- FLORIDA outdated technology, unrealistic flight er training for their flight and gate attend- The Acting CHAIRMAN. It is now in schedules, an overstretched workforce, ants. order to consider amendment No. 7 along with poor weather, computer Currently, federal regulations prohibit an printed in part C of House Report 110– glitches, and inadequate space in be- intoxicated person from being served alcohol 335. on board a flight, or even from boarding a tween planes, have all been cited as flight. However, airlines are not required to Mr. KLEIN of Florida. Mr. Chairman, contributing to the problems with air train their flight attendants and gate staff I offer an amendment. travel. With so many deficiencies on how to identify those that are intoxi- The Acting CHAIRMAN. The Clerk stressing the system, it is no surprise cated. My simple, straightforward amend- will designate the amendment. that we have reached this point. ment ensures airline personnel receive this The text of the amendment is as fol- It is also no surprise that the Amer- essential training. It requires air carriers to lows: ican people are frustrated. We have all provide alcohol server training to gate and Amendment No. 7 offered by Mr. KLEIN of heard from our constituents, demand- flight attendants. This training, which will Florida: ing that we do something with the in- have to occur annually, would also include At the end of title IV of the amendment, excusable treatment they have re- ways to identify intoxicated passengers and insert the following (and conform the table deal with disruptive passengers. The Sec- of contents of the amendment accordingly): ceived during their air travels. I have retary of Transportation will have 180 days SEC. 412. EXPANSION OF DOT AIRLINE CON- heard from one constituent who sat on to promulgate rules to require this training. SUMER COMPLAINT INVESTIGA- the tarmac for 3 hours before her flight Training to identify intoxicated passengers TIONS. was cancelled and wasn’t able to board is critical to ensuring that airline employees (a) IN GENERAL.—Subject to the avail- another flight until the next day. I make informed decisions when allowing peo- ability of appropriations, the Secretary of think we have all heard those exam- ple to board a flight, when deciding whether Transportation shall investigate consumer ples. to serve them alcohol, and when necessary, complaints regarding— Another constituent told me that his (1) flight cancellations; providing them with the tools they need to flight was canceled; and instead of re- handle intoxicated and belligerent pas- (2) compliance with Federal regulations sengers. It is my hope you will join me in concerning overbooking seats flights; booking, the airline made him fly supporting this important amendment, (3) lost, damaged, or delayed baggage, and standby. He had to wait 36 more hours which will help improve public safety both in difficulties with related airline claims proce- before he finally got back. Still an- the air and on the ground. dures; other had her bags missing for over 6 For more information on this amendment (4) problems in obtaining refunds for un- months. please contact Noelle Dominguez. used or lost tickets or fare adjustments; Mr. Chairman, this treatment is un- Sincerely, (5) incorrect or incomplete information acceptable. The American people de- TOM UDALL, about fares, discount fare conditions and serve better, whether they are trav- Member of Congress. availability, overcharges, and fare increases; (6) the rights of passengers who hold fre- eling for business or leisure. They have paid their hard-earned money to fly on ASSOCIATION OF quent flier miles or equivalent redeemable FLIGHT ATTENDANTS—CWA, AFL–CIO, awards earned through customer-loyalty a plane, and they deserve to be treated Washington, DC, September 20, 2007. programs; and with a certain level of respect. If they Hon. TOM UDALL, (7) deceptive or misleading advertising. are not receiving that from the air- Longworth House Office Building, (b) BUDGET NEEDS REPORT.—The Secretary lines, they should be able to turn to Washington, DC. shall provide, as an annex to its annual someone who can put pressure on the DEAR REPRESENTATIVE UDALL: On behalf of budget request, an estimate of resources airlines to give them the respect they which would have been sufficient to inves- the 50,000 members of the Association of deserve. Flight Attendants—CWA, AFL–CIO (AFA– tigate all such claims the Department of Transportation received in the previous fis- That is where my amendment comes CWA), I am writing to express support for in. It would require the Department of your amendment to H.R. 2881 requiring air cal year. The annex shall be transmitted to carriers to provide training to Flight At- Congress when the President submits the Transportation to investigate, subject tendants and Gate Attendants regarding budget of the United States to the Congress to appropriations, consumer com- serving alcohol, dealing with disruptive pas- under section 1105 of title 31, United States plaints for a broad range of issues, in- sengers and recognizing intoxicated persons. Code. cluding flight cancellations, over- AFA–CWA is especially encouraged by The Acting CHAIRMAN. Pursuant to booking of flights, baggage problems, your amendment language calling for train- House Resolution 664, the gentleman ticket refund problems, and incorrect ing on how to handle intoxicated persons from Florida (Mr. KLEIN) and a Member or incomplete fare information to help who become belligerent. Congress must fi- opposed each will control 5 minutes. address the growing unrest among air nally address the need to provide adequate The Chair recognizes the gentleman travelers who receive unacceptable training for flight attendants who face bel- ligerent and hostile passengers and your from Florida. consumer service. amendment is a much needed and appro- Mr. KLEIN of Florida. Mr. Chairman, I have no intention of reinventing priate step in the right direction. I yield myself such time as I may con- the wheel here, however. The Depart- AFA–CWA calls on Congress to adopt this sume. ment of Transportation already oper- vital amendment. Mr. Chairman, I would first like to ates a division that handles airline Sincerely, start by commending Chairman OBER- consumer complaints, with authority PATRICIA A. FRIEND, STAR and Subcommittee Chairman to issue warnings, cease and desist or- International President. COSTELLO for their leadership in ders and fines. Mr. COSTELLO. Mr. Chairman, I crafting this ambitious bill and taking However, because of a variety of rea- yield myself such time as I may con- some of the complex and critical chal- sons, including budgetary constraints, sume. lenges facing our aviation system to a the Department has chosen to greatly Mr. Chairman, I support the Udall successful conclusion. limit the number of investigations it amendment. The Udall amendment Mr. Chairman, air travel in our coun- pursues, focusing mainly on discrimi- would ensure that our airline crews are try, unfortunately, has deteriorated in nation and disability claims. Other

VerDate Aug 31 2005 02:10 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.060 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10685 types of claims are simply logged and enforcement of unrealistic scheduling, the gentleman from Florida (Mr. reported monthly, giving consumers contract of carriage violations, other KLEIN). with legitimate grievances no recourse unfair and deceptive practices, air car- The amendment was agreed to. or explanation for their treatment. rier fitness and unlicensed and unau- AMENDMENT NO. 8 OFFERED BY MR. What I am proposing is a simple ex- thorized operations, insurance viola- NEUGEBAUER pansion of the division so that they tions, and reporting violations. The Acting CHAIRMAN. It is now in have the authority and resources to in- In the opinion of the experts at the order to consider amendment No. 8 vestigate a wider range of legitimate Department of Transportation, these printed in part C of House Report 110– consumer grievances. I think it is a areas of consumer protection are of 335. fair and reasonable response to the great importance because they safe- Mr. NEUGEBAUER. Mr. Chairman, I overwhelming problems the American guard the whole pool of consumers by offer an amendment. people have endured. protecting against bad business prac- The Acting CHAIRMAN. The Clerk But if my colleagues are still not tice trends, rather than prosecuting will designate the amendment. convinced, I would ask that they listen case by case. The text of the amendment is as fol- to the Department of Transportation’s In the area of consumer information lows: own Inspector General. In a report to and education, some of the most impor- Amendment No. 8 offered by Mr. Congress on April 20, he recommended tant matters that would have to be NEUGEBAUER: that the Department ‘‘take a more ac- eliminated are preparation of the Page 186, after line 2, insert the following: tive role in airline customer service monthly air travel consumer report, SEC. 816. STUDY ON FEASIBILITY OF DEVELOP- MENT OF A PUBLIC INTERNET WEB- issues.’’ This amendment would turn updating of aviation consumer guid- BASED SEARCH ENGINE ON WIND the Inspector General’s recommenda- ance material, conducting industry and TURBINE INSTALLATION OBSTRUC- tion into law. public forums on disability issues, and TION. Mr. Chairman, we stand here today participating and providing informa- (a) STUDY.—The Administrator of the Fed- prepared to pass a far-reaching and tion of government, industry and con- eral Aviation Administration shall carry out well-thought-out bill that addresses sumer conferences. In addition, the a study on the feasibility of developing a publicly searchable, Internet Web-based re- many of the critical infrastructure and Aviation Enforcement Office would source that provides information regarding technological shortcomings facing the have to cease all its rulemaking activi- the acceptable height and distance that wind airlines, airports and the FAA, as well ties. turbines may be installed in relation to avia- as adding several critical safeguards Everyone knows that with tight gov- tion sites and the level of obstruction such for airline passengers. My amendment ernment budgets, you really cannot in- turbines may present to such sites. would add another layer of protection vestigate every single case at the Fed- (b) CONSIDERATIONS.—In conducting the for customers that is practical and fair. eral level. Instead, you provide a forum study, the Administrator shall consult, if ap- I urge its adoption. to file and maintain complaints that propriate, with the Secretaries of the Army, Mr. Chairman, I reserve the balance are reviewed for patterns of abuse. You Navy and Air Force, Homeland Security, and Energy to coordinate the requirements of of my time. then pursue those cases that will do each agency for future air space needs, deter- Mr. PETRI. Mr. Chairman, I rise in the most good for the largest number mine what the acceptable risks are to exist- opposition to the amendment. of consumers. ing infrastructure of each agency, and define The Acting CHAIRMAN. The gen- Again, this amendment, contrary to the different levels of risk for such infra- tleman from Wisconsin is recognized the intent of the author, would have structure. for 5 minutes. disastrous effects on aviation consumer (c) REPORT.—Not later than 1 year after Mr. PETRI. Mr. Chairman, I yield protection and enforcement of the the date of enactment of this Act, the Sec- myself such time as I may consume. aviation economic regulations that are retary shall submit a report on the results of Mr. Chairman, this provision would the study to the Committee on Transpor- currently on the books, and, therefore, tation and Infrastructure, Committee on gut much of the ongoing high-priority I urge Members to vote ‘‘no’’ on this work of the Department of Transpor- Homeland Security, Committee on Armed amendment. Services and Committee on Science and tation Aviation Enforcement Office by Mr. Chairman, I yield back the bal- Technology in the House of Representatives requiring most of its resources to be ance of my time. and the Committee on Commerce, Science dedicated to consumers’ complaints. Mr. KLEIN of Florida. Mr. Chairman, and Transportation, Committee on Govern- While I certainly agree that con- I yield such time as he may consume to ment Affairs and Homeland Security, and sumer complaint oversight is impor- the gentleman from Illinois (Mr. the Committee on Armed Services in the Senate. tant, the dedication of so many re- COSTELLO), the chairman of the sub- sources to only one issue is just not committee. The Acting CHAIRMAN. Pursuant to right. This provision would force the House Resolution 664, the gentleman 1330 Aviation Enforcement Office to stop b from Texas (Mr. NEUGEBAUER) and a other important aviation enforcement, Mr. COSTELLO. Mr. Chairman, I Member opposed each will control 5 compliance, and consumer information thank the gentleman for yielding and minutes. and education activities that have for offering his amendment. The Klein The Chair recognizes the gentleman years been a priority for that office. amendment, as was just stated, would from Texas. This provision would do so by requir- require the DOT to investigate all con- Mr. NEUGEBAUER. Mr. Chairman, I ing the investigation of each consumer sumer complaints regarding flight can- yield myself such time as I may con- complaint regarding flight cancella- cellations, overbookings, baggage prob- sume. tions, overbooking, baggage, refunds, lems, and a variety of other consumer (Mr. NEUGEBAUER asked and was fares and related conditions, frequent issues as long as funding was provided given permission to revise and extend flier programs and deceptive or mis- through the appropriations process. his remarks.) leading advertising. Let me commend the gentleman for Mr. NEUGEBAUER. Mr. Chairman, Currently, the only investigations his amendment. There is no question this is a very straightforward amend- that have been required by Congress that, as we have heard today, com- ment. Two important issues are going are disability-related complaints. plaints are on the rise. There are a on in our country right now. One of Sadly, to comply with this provision, number of problems. This amendment those we are talking about on the floor the Aviation Enforcement Office would ensures that consumers are getting of the House today, and that is Ameri- have to discontinue enforcement and their concerns addressed through the cans’ safety in the air, making sure compliance work involving racial, eth- official process, and we will work to en- when our American citizens travel nic and sex-based discrimination, com- sure that the proper funding to under- across the country they are doing it in pliance with the Aviation Disaster take these responsibilities by the FAA a safe way. Family Assistance Act, public charter is forthcoming. I support the amend- The other issue that is important to flight violations, and code sharing dis- ment, and urge my colleagues to do the the United States Congress and to the closure violations. same. American people is energy. One of the Compliance with this provision would The Acting CHAIRMAN. The ques- things that we know today is wind en- also necessitate that the office end its tion is on the amendment offered by ergy, a renewable source of energy, is

VerDate Aug 31 2005 02:10 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.061 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN H10686 CONGRESSIONAL RECORD — HOUSE September 20, 2007 becoming a predominant piece of the the gentleman from Texas (Mr. Matheson Poe Smith (NE) Matsui Pomeroy Smith (NJ) solution for the future. NEUGEBAUER). McCarthy (CA) Porter Smith (TX) Several months ago I convened in Ab- The question was taken; and the Act- McCarthy (NY) Price (GA) Smith (WA) ilene, Texas, at Dyess Air Force Base, ing Chairman announced that the ayes McCaul (TX) Price (NC) Snyder members of Department of Defense, McCollum (MN) Pryce (OH) Solis appeared to have it. McCotter Putnam Souder Department of Energy, FAA and other RECORDED VOTE McCrery Radanovich Space agencies talking about how in the fu- Mr. COSTELLO. Mr. Chairman, I de- McDermott Rahall Spratt ture, as we develop more renewable McGovern Ramstad Stark mand a recorded vote. sources, particularly wind energy, how McHenry Rangel Stearns A recorded vote was ordered. McIntyre Regula Stupak we make sure that there is a compat- McKeon Rehberg Sullivan ibility between air safety and providing The vote was taken by electronic de- McMorris Reichert Sutton energy for the American people. vice, and there were—ayes 418, noes 0, Rodgers Renzi Tancredo not voting 19, as follows: McNerney Reyes Tanner What we decided was that there McNulty Reynolds Tauscher needs to be a repository, a place where [Roll No. 889] Meek (FL) Richardson Taylor data is maintained on the effects of AYES—418 Meeks (NY) Rodriguez Terry certain kinds of wind turbines on Melancon Rogers (AL) Thompson (CA) Abercrombie Conyers Hare Mica Rogers (KY) Thompson (MS) radar, where the proper placement is so Ackerman Cooper Harman Michaud Rogers (MI) Thornberry they can continue to be a vital part of Aderholt Costa Hastert Miller (FL) Rohrabacher Tiahrt our energy supply, while at the same Akin Costello Hastings (FL) Miller (MI) Ros-Lehtinen Tiberi Alexander Courtney Hastings (WA) Miller (NC) Roskam Tierney time making sure the American people Allen Cramer Hayes Miller, Gary Ross Towns are safe. Altmire Crenshaw Heller Miller, George Rothman Turner This amendment provides for a study Andrews Crowley Hensarling Mitchell Roybal-Allard Udall (CO) Arcuri Cuellar Herger to study all of the components that Mollohan Royce Udall (NM) Baca Culberson Herseth Sandlin Moore (KS) Ruppersberger Upton need to go into that database and that Bachmann Cummings Higgins Moore (WI) Rush Van Hollen repository to make sure that we have Bachus Davis (AL) Hill Moran (KS) Ryan (OH) Vela´ zquez all of the bases covered. This is kind of Baird Davis (CA) Hinchey Moran (VA) Ryan (WI) Visclosky Baker Davis (IL) Hinojosa Murphy (CT) Salazar Walberg a proactive step. What we are intend- Baldwin Davis (KY) Hirono Murphy, Patrick Sali Walden (OR) ing to do here, as people are planning Barrett (SC) Davis, David Hobson Murphy, Tim Sa´ nchez, Linda Walsh (NY) these kinds of projects, there is a place Barrow Davis, Lincoln Hodes Murtha T. Walz (MN) Bartlett (MD) Davis, Tom Hoekstra where people can go where they can get Musgrave Sanchez, Loretta Wamp Barton (TX) Deal (GA) Holden Nadler Sarbanes Wasserman the information up front rather than in Bean DeFazio Holt Napolitano Saxton Schultz hindsight after that project has moved Becerra DeGette Honda Neal (MA) Schakowsky Watson Berkley Delahunt Hooley Neugebauer Schiff Watt along. Berman DeLauro Hoyer There is a lot of support for this Norton Schmidt Waxman Berry Dent Hulshof Nunes Schwartz Weiner amendment from the Department of Biggert Diaz-Balart, L. Inglis (SC) Oberstar Scott (GA) Welch (VT) Energy, Department of Defense and Bilbray Diaz-Balart, M. Israel Obey Scott (VA) Weldon (FL) other agencies thinking this is the Bilirakis Dicks Issa Olver Sensenbrenner Weller Bishop (GA) Dingell Jackson (IL) Ortiz Serrano Westmoreland right step. Bishop (NY) Doggett Johnson (IL) Pallone Sessions Wexler Mr. Chairman, at this time I yield to Bishop (UT) Donnelly Johnson, E. B. Pascrell Sestak Whitfield the gentleman from Wisconsin (Mr. Blackburn Doolittle Johnson, Sam Pastor Shadegg Wicker Blumenauer Doyle Jones (NC) PETRI), the ranking member of the Payne Shays Wilson (NM) Blunt Drake Jones (OH) Pearce Shea-Porter Wilson (OH) Aviation Subcommittee, who has Boehner Dreier Jordan Pence Sherman Wilson (SC) worked tirelessly for transportation Bonner Duncan Kagen Perlmutter Shimkus Wolf issues over a number of years. Bono Edwards Kanjorski Peterson (MN) Shuler Woolsey Boozman Ehlers Kaptur Peterson (PA) Shuster Wu Mr. PETRI. Mr. Chairman, I want to Bordallo Ellison Keller Petri Simpson Wynn support the gentleman’s amendment Boren Ellsworth Kennedy Pickering Sires Yarmuth and say that as we look to the future of Boswell Emanuel Kildee Pitts Skelton Young (AK) Boucher Emerson Kilpatrick Platts Slaughter Young (FL) wind energy, we need to make certain Boustany Engel Kind that the process for siting turbines is Boyd (FL) English (PA) King (IA) NOT VOTING—19 appropriate for all stakeholders. Boyda (KS) Eshoo Kingston Buyer Hunter King (NY) Brady (PA) Etheridge Kirk Carney Inslee Marshall Specifically, we need policies in place Brady (TX) Faleomavaega Klein (FL) Carson Jackson-Lee McHugh to ensure that wind turbines do not Braley (IA) Fallin Kline (MN) Cubin (TX) Myrick interfere with important aviation sites, Broun (GA) Farr Knollenberg Davis, Jo Ann Jefferson Brown (SC) Fattah Kucinich Paul while giving the wind industry appro- Everett Jindal Waters Brown, Corrine Feeney Kuhl (NY) Fortun˜ o Johnson (GA) priate planning tools. Brown-Waite, Ferguson LaHood I wish to thank Congressman Ginny Filner Lamborn ANNOUNCEMENT BY THE ACTING CHAIRMAN NEUGEBAUER for working with the wind Buchanan Flake Lampson The Acting CHAIRMAN (during the industry and others to refine this Burgess Forbes Langevin Burton (IN) Fortenberry Lantos vote). Members are advised 2 minutes amendment. Butterfield Fossella Larsen (WA) remain in the vote. Mr. NEUGEBAUER. Mr. Chairman, I Calvert Foxx Larson (CT) thank the distinguished gentleman. Camp (MI) Frank (MA) Latham b 1357 Campbell (CA) Franks (AZ) LaTourette Mr. KAGEN, Ms. DEGETTE, Messrs. As I close, I just want to say, in Cannon Frelinghuysen Lee many cases people bring problems to Cantor Gallegly Levin CALVERT, BROUN of Georgia, the United States Congress and we set Capito Garrett (NJ) Lewis (CA) GILCHREST, LEVIN and CARTER out to try to solve those problems. Capps Gerlach Lewis (GA) changed their vote from ‘‘no’’ to ‘‘aye.’’ Capuano Giffords Lewis (KY) In this situation, these agencies are Cardoza Gilchrest Linder So the amendment was agreed to. working together already. They are Carnahan Gillibrand Lipinski The result of the vote was announced bringing a commonsense solution to Carter Gingrey LoBiondo as above recorded. this issue. I think this is a good policy Castle Gohmert Loebsack Stated for: Castor Gonzalez Lofgren, Zoe for our country and for the American Chabot Goode Lowey Ms. CARSON. Mr. Chairman, on Thursday, people as we make sure that they fly Chandler Goodlatte Lucas September 20, 2007, I was unable to vote on safely in the future, and also make Christensen Gordon Lungren, Daniel roll No. 889. Had I been present, I would have Clarke Granger E. sure that they have an appropriate en- Clay Graves Lynch voted ‘‘aye.’’ ergy supply. Cleaver Green, Al Mack The Acting CHAIRMAN. There being Mr. Chairman, I yield back the bal- Clyburn Green, Gene Mahoney (FL) no further amendments, the Com- ance of my time. Coble Grijalva Maloney (NY) mittee rises. Cohen Gutierrez Manzullo The Acting CHAIRMAN. The ques- Cole (OK) Hall (NY) Marchant Accordingly, the Committee rose; tion is on the amendment offered by Conaway Hall (TX) Markey and the Speaker pro tempore (Mr.

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.064 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10687 ROSS) having assumed the chair, Mr. Kanjorski Moran (KS) Sestak Stearns Upton Whitfield Kaptur Moran (VA) Shea-Porter Sullivan Walberg Wicker MEEKS of New York, Acting Chairman Kennedy Murphy (CT) Sherman Tancredo Walden (OR) Wilson (SC) of the Committee of the Whole House Kildee Murphy, Patrick Shimkus Thornberry Wamp Young (FL) on the state of the Union, reported that Kilpatrick Murphy, Tim Shuler Tiberi Weldon (FL) that Committee, having had under con- Kind Murtha Sires Turner Westmoreland King (NY) Nadler sideration the bill (H.R. 2881) to amend Skelton NOT VOTING—14 Kirk Napolitano Slaughter title 49, United States Code, to author- Klein (FL) Neal (MA) Smith (NJ) Carney Inslee Johnson (GA) ize appropriations for the Federal Avia- Kucinich Oberstar Smith (WA) Cubin Jackson-Lee Marshall tion Administration for fiscal years Kuhl (NY) Obey Snyder Davis, Jo Ann (TX) McHugh Lampson Olver Everett Jefferson Myrick 2008 through 2011, to improve aviation Solis Langevin Ortiz Space Hunter Jindal Waters safety and capacity, to provide stable Lantos Pallone Spratt b 1424 funding for the national aviation sys- Larsen (WA) Pascrell Stark tem, and for other purposes, pursuant Larson (CT) Pastor Stupak Mr. BUCHANAN and Mr. BACHUS Latham Payne Sutton to House Resolution 664, he reported LaTourette Perlmutter changed their vote from ‘‘aye’’ to ‘‘no.’’ Tanner Lee Peterson (MN) the bill, as amended by that resolution, Tauscher So the bill was passed. Levin Peterson (PA) back to the House with sundry further Taylor The result of the vote was announced Lewis (GA) Platts Terry amendments adopted by the Com- Lipinski Pomeroy as above recorded. Thompson (CA) mittee of the Whole. LoBiondo Porter A motion to reconsider was laid on Thompson (MS) The SPEAKER pro tempore. Under Loebsack Price (NC) the table. Lofgren, Zoe Rahall Tiahrt the rule, the previous question is or- Lowey Rangel Tierney f Towns dered. Lynch Regula AUTHORIZING THE CLERK TO Is a separate vote demanded on any Mahoney (FL) Reichert Udall (CO) Maloney (NY) Renzi Udall (NM) MAKE CORRECTIONS IN EN- further amendment reported from the Manzullo Reyes Van Hollen GROSSMENT OF H.R. 2881, FAA ´ Committee of the Whole? If not, the Markey Richardson Velazquez REAUTHORIZATION ACT OF 2007 Chair will put them en gros. Matheson Rodriguez Visclosky Walsh (NY) The amendments were agreed to. Matsui Ros-Lehtinen Mr. OBERSTAR. Mr. Speaker, I ask McCarthy (NY) Ross Walz (MN) unanimous consent that in the engross- The SPEAKER pro tempore. The Wasserman McCollum (MN) Rothman ment of H.R. 2881, the Clerk be author- question is on the engrossment and McDermott Roybal-Allard Schultz third reading of the bill. McGovern Ruppersberger Watson ized to correct section numbers, punc- McIntyre Rush Watt tuation, cross-references, and make The bill was ordered to be engrossed McNerney Ryan (OH) Waxman such other technical and conforming and read a third time, and was read the McNulty Salazar Weiner changes as may be necessary to accu- third time. Meek (FL) Sa´ nchez, Linda Welch (VT) Meeks (NY) T. Weller rately reflect the actions of the House. The SPEAKER pro tempore. The Melancon Sanchez, Loretta Wexler The SPEAKER pro tempore (Mr. question is on the passage of the bill. Michaud Sarbanes Wilson (NM) KLEIN of Florida). Is there objection to The question was taken; and the Miller (MI) Saxton Wilson (OH) the request of the gentleman from Min- Speaker pro tempore announced that Miller (NC) Schakowsky Wolf Miller, George Schiff Woolsey nesota? the ayes appeared to have it. Mitchell Schwartz Wu There was no objection. RECORDED VOTE Mollohan Scott (GA) Wynn Moore (KS) Scott (VA) Yarmuth f Mr. PETRI. Mr. Speaker, I demand a Moore (WI) Serrano Young (AK) recorded vote. LEGISLATIVE PROGRAM A recorded vote was ordered. NOES—151 (Mr. BLUNT asked and was given The vote was taken by electronic de- Aderholt Dreier McCarthy (CA) permission to address the House for 1 vice, and there were—ayes 267, noes 151, Akin Fallin McCaul (TX) minute.) Alexander Feeney McCotter not voting 14, as follows: Bachmann Flake McCrery Mr. BLUNT. Mr. Speaker, I yield to [Roll No. 890] Bachus Forbes McHenry my friend from Maryland, the majority Baker Fossella McKeon AYES—267 leader, to update us on the schedule for Barrett (SC) Foxx McMorris next week. Abercrombie Cleaver Farr Bartlett (MD) Franks (AZ) Rodgers Ackerman Clyburn Fattah Barton (TX) Frelinghuysen Mica Mr. HOYER. I thank the gentleman Allen Cohen Ferguson Bilbray Gallegly Miller (FL) for yielding. Altmire Conyers Filner Bilirakis Garrett (NJ) Miller, Gary On Monday, the House will meet at Andrews Cooper Fortenberry Bishop (UT) Gingrey Musgrave Arcuri Costa Frank (MA) Blackburn Gohmert Neugebauer 12:30 p.m. for morning-hour business, 2 Baca Costello Gerlach Blunt Goode Nunes p.m. for legislative business, with votes Baird Courtney Giffords Boehner Goodlatte Paul rolled until 6:30 that night. We will Baldwin Cramer Gilchrest Bonner Granger Pearce consider several bills under suspension Barrow Crowley Gillibrand Boozman Graves Pence Bean Cuellar Gonzalez Boustany Hall (TX) Petri of the rules. A list of those bills will be Becerra Cummings Gordon Brady (TX) Hastert Pickering announced by the close of business to- Berkley Davis (AL) Green, Al Broun (GA) Hastings (WA) Pitts morrow. Berman Davis (CA) Green, Gene Brown (SC) Heller Poe Berry Davis (IL) Grijalva Brown-Waite, Hensarling Price (GA) On Tuesday, the House will meet at 9 Biggert Davis (KY) Gutierrez Ginny Herger Pryce (OH) a.m. for morning-hour business, and 10 Bishop (GA) Davis, Lincoln Hall (NY) Buchanan Hobson Putnam a.m. for legislative business. On Bishop (NY) DeFazio Hare Burgess Hoekstra Radanovich Wednesday and Thursday, the House Blumenauer DeGette Harman Burton (IN) Hulshof Ramstad Bono Delahunt Hastings (FL) Buyer Inglis (SC) Rehberg will meet at 10 a.m. for legislative Boren DeLauro Hayes Calvert Issa Reynolds business; and on Friday, the House will Boswell Dent Herseth Sandlin Camp (MI) Johnson, Sam Rogers (AL) meet at 9 a.m. for legislative business. Boucher Diaz-Balart, L. Higgins Campbell (CA) Jones (NC) Rogers (KY) Boyd (FL) Dicks Hill Cannon Jordan Rogers (MI) We expect to consider a fiscal year 2008 Boyda (KS) Dingell Hinchey Cantor Keller Rohrabacher Continuing Resolution, legislation Brady (PA) Doggett Hinojosa Carter King (IA) Roskam dealing with the State Children’s Braley (IA) Donnelly Hirono Castle Kingston Royce Health Insurance Program, the Pop- Brown, Corrine Doyle Hodes Chabot Kline (MN) Ryan (WI) Butterfield Duncan Holden Coble Knollenberg Sali corn Workers Lung Disease Prevention Capito Edwards Holt Cole (OK) LaHood Schmidt Act, and the flood insurance bill. Capps Ehlers Honda Conaway Lamborn Sensenbrenner Mr. BLUNT. I thank the gentleman Capuano Ellison Hooley Crenshaw Lewis (CA) Sessions Cardoza Ellsworth Hoyer Culberson Lewis (KY) Shadegg for that information. Carnahan Emanuel Israel Davis, David Linder Shays On the State Child Health Insurance Carson Emerson Jackson (IL) Davis, Tom Lucas Shuster Program, what bill would we be consid- Castor Engel Johnson (IL) Deal (GA) Lungren, Daniel Simpson ering at that point? Chandler English (PA) Johnson, E. B. Diaz-Balart, M. E. Smith (NE) Clarke Eshoo Jones (OH) Doolittle Mack Smith (TX) Mr. HOYER. As you know, the House Clay Etheridge Kagen Drake Marchant Souder and Senate have been meeting. The

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.068 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN H10688 CONGRESSIONAL RECORD — HOUSE September 20, 2007 Senate has not gone to conference on event, as I said, we will be treating this there is plenty of debatable space be- this bill. But we all know that on Sep- much like a conference report. We re- tween a known Senate bill and a tember 30 the authorization for SCHIP gret that we’re not in conference; and known House bill that apparently we expires, so we are hoping to have a bill therefore it will be treated more like a will have no opportunity to issue an al- on the floor early next week. That bill conference report than it will be a new ternative on. will incorporate what we believe to be, piece of legislation because I would re- I believe there was not an instance, what we hope to be, what we are work- iterate to my friend, it is, essentially, and I don’t know when I was unsuccess- ing to be a consensus which can pass not a new piece of legislation. It is a ful, but I always argued in that rare the House and the Senate. I can’t give compromise that we have tried to case when this happened that the mi- you all the specifics of that because I reach with bipartisan participation in nority should have an opportunity. In don’t have all the specifics of that. the Senate side. Unfortunately, not- fact, I very well remember having a Mr. BLUNT. Are there any specifics withstanding invitations, not on the significant disagreement with our to a bill yet? I mean, I know what the House side. chairman of the Ways and Means Com- House passed. I roughly know what the The bill will, hopefully, be a bill, as I mittee in the last Congress on insisting Senate passed, but I have absolutely no have said to my friend, that can be that the minority be given that oppor- idea how we’re working out the com- agreed upon and sent to the President tunity. And on something this big, I bination of those two things. There’s so that we can provide for the Chil- really think the process is at great no conferences, as I understand it. dren’s Health Insurance Program to fault here. But we’ll have time to talk Mr. HOYER. The Senate has not gone continue and, obviously, to expand, as about this next week. to conference yet. we hope it will. On appropriations will we have a con- Mr. BLUNT. So there’s no con- tinuing resolution on the floor next b 1430 ference. This is a multi-billion dollar week or at what point? bill, and I believe your indications are Mr. BLUNT. Well, I would suggest on Mr. HOYER. My expectation is we we’d be dealing with this currently this topic that the way that the chil- will have a continuing resolution on non-existing bill early next week? dren’s health care program is likely to the floor next week. We don’t intend to Mr. HOYER. That’s my representa- continue at the end of this month will shut down government. I know that a tion. There will be nothing, I think, in be a continuation of the current pro- number of Members on your side have the bill that was not in the House or gram. indicated it’s not their intention to Senate bills so, to that extent, it will A bill that has not been debated, a shut down government. We, therefore, be like a conference. bill that’s treated like a conference need to provide for an alternative We haven’t gone to conference. We bill, with the exception of not having which will provide for government to are having great difficulty, I’ll tell my the conference on this big a topic, is a continue because, again, we are experi- friend, in getting the minority party in bill that’s not likely to become law be- encing the same frustration you had, the Senate to vote to go to conference. tween now and September 30, I would as you know, that while we have passed I regret that, but that’s the fact of life; think. all 12 appropriation bills, that has not and we can either stop doing business Mr. HOYER. Will my friend yield? been the case in the Senate. The Sen- until they agree to do so, or we can try Mr. BLUNT. I would. ate has passed four of their appropria- to move forward and try to reach some Mr. HOYER. I understand your angst tions bills. We haven’t conferenced agreement. because we shared that angst. We had a them yet, so that we are going to need I will tell my friend that there were lot of angst, as you recall, and I asked a CR to continue government in oper- Republican Senators involved in the the majority leader on a number of oc- ations, and I expect to have that on the discussions, as he may know, and he is casions when they were going to have floor next week. correct that there will probably be a conferences that were called, that had Mr. BLUNT. Mr. Speaker, I would new bill on the floor, but I tell my conferees, to which our conferees were ask if my friend has a sense of the time friend that that bill will incorporate never invited, some the most senior of that. Are we looking at what time items that were either in the Senate or Members of this Congress, namely Mr. frame that that CR would last for? House bill and will be items that we be- DINGELL and Mr. RANGEL, who were not Mr. HOYER. I don’t want to commit lieve and hope, as I said, are now invited to conferences. So I understand myself to a time frame, but I can tell agreed between what we hope to be a the gentleman’s angst. I really do. you, in discussions with the chairman majority of the House and a majority But having said that, I think it is un- of the Appropriations Committee, he of the Senate. To that extent, it will be fair to say a bill that has not been wants a longer term than a shorter like a conference report because the seen. I would again reiterate to my term. In other words, I don’t think he expectation is it would not be amended friend that, as I understand it, there is looking for a week-to-week. It will in the Senate because, of course, we’re will be nothing in the bill that we will be a longer term than that. I don’t facing the September 30 deadline. hope to consider early next week that think I want to prejudge his decision I thank my friend for yielding. was not included in either the Senate which he may not yet have made, but Mr. BLUNT. I thank my friend for bill or the House bill, both of which my expectation is, I tell my friend, that information. Of course that is, as passed respective bodies. But we that it will be a longer term than he would know, frustrating for us. I’m haven’t been able to get to conference. shorter term, and by that I mean more familiar with the process where the mi- Meetings have obviously been held. We than a couple of weeks. nority in the Senate won’t go to con- hope agreements have been reached Mr. BLUNT. I appreciate that infor- ference. which would be acceptable to both bod- mation. Mr. HOYER. I’m sure you are. ies so that we can move those bills as On Iraq legislation, would we have Mr. BLUNT. And, in fact, late in the if a conference had been held. But be- any reason to anticipate that legisla- last Congress we had that; and as I re- cause a conference hasn’t been held, tion next week or, in your opinion, in call, we brought a tax bill to the floor this is the alternative available to us. the following week? and gave our friends on your side, the Mr. BLUNT. Reclaiming my time on Mr. HOYER. I think you ought to an- minority at that time, an opportunity that, Mr. Speaker, I would just say ticipate some Iraq legislation coming to have a recommital or some kind of that I’m sure when my good friend was to the floor, not necessarily next week, motion that would change or improve frustrated that conferences weren’t al- although that is a possibility. But, cer- that bill. I wonder if, at the very least, ways scheduled in in a way that was tainly, within the next couple of weeks we could expect that same kind of timely that the alternative that would or 3 weeks, I would think we will have treatment when a conference is not de- have been presented would not have various components coming forward. cided to be possible by the majority. been, well, the way to solve this was Mr. BLUNT. And also I would ask as Mr. HOYER. Because we don’t, under just not to have conferences. a final question of the majority leader, the rules, and you didn’t either, have And the two bills, the Senate and it appears we are now going to miss the to provide that. Sometimes you did; House bill, were different from each anticipated deadline, and I know we al- sometimes you didn’t. But in any other by tens of billions of dollars; so most always do. But could you give us

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.070 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10689 any more information about the fall on the 16th of November, when the Sen- dissatisfied with you if we are here on schedule, dates that you have already ate is scheduled to leave for the last 2 Christmas. determined we will likely now be work- weeks, if we have any shot of doing I said that was the last question, but ing in that period of time but maybe that, it will be because we complete I was just handed a note and I’ll bring dates where Members could plan to do that work which we think must be up one more topic. things in their districts? done, should be done prior to that. The Senate just passed a resolution And I yield for a response. And, therefore, I am reserving those condemning Moveon.Org’s ad in the Mr. HOYER. Mr. Speaker, I thank Fridays, and if we have work, we will New York Times that suggested that the gentleman for his question. I know be working. And the logical follow-on General Petraeus might be General it’s a very important one for his Mem- is that if we don’t have work, although ‘‘Betray Us.’’ bers and ours. we won’t give the kind of notice we are Since that has now passed the Sen- We had hoped, as you know, when I giving for the 5th and 19th, we will try ate, when could we expect to see a reso- inherited or succeeded, however one not to have Members here simply lution like that on the House floor? looks at it, to the scheduling authority watching the other body. Mr. HOYER. That information is new to me. I am pleased to hear the Senate from Mr. BOEHNER, Mr. BOEHNER had Mr. BLUNT. So on the 5th and 19th Members can definitely schedule things can pass something. scheduled October 3, I believe, it may Mr. BLUNT. Maybe we should en- have been the 6th, October 3 or 6 as the in their districts? Mr. HOYER. We are notifying Mem- courage them by passing this as well. ending date. I would have hoped Mr. Mr. HOYER. I’m not sure I want to bers now that they will not be in ses- BOEHNER was accurate in that assess- encourage the Senate except to do the sion on those days, voting sessions. ment, but I thought it was not realistic work that we have sent over to them. at that point in time. So I was more Mr. BLUNT. In discussing the Senate calendar now, which also anticipates They have a lot of work on their table. pessimistic but apparently not pessi- But I haven’t looked at that resolu- mistic enough. the November 16 date, I think the Sen- ate leaders said if they do work beyond tion. I scheduled October 26 as our target I will say to my friend, he has seen November 16, they won’t be working in date for adjournment. It seems that we me quoted as being not in agreement Washington the week of Thanksgiving are not going to make that. I am very with and disappointed with the par- or the following week. hopeful, and I’m not going to bet on it, ticular ad that appeared. But having I’m wondering how quickly the lead- but I’m going to plan on November 16 said that, I don’t have any intent, at er thinks he may be able to give our being our last day. this point in time, to bring up that res- Members some direction on that issue Senator REID, the leader of the Sen- olution. I haven’t seen it, so I have no on the basis that the Senate has al- ate, has indicated that they will be out intention of scheduling that resolution ready given that specific direction. the last 2 weeks of November. From my Mr. HOYER. Will the gentleman at this point in time. experience serving here, it doesn’t get Mr. BLUNT. I thank my friend for yield? better just because you get into De- Mr. BLUNT. I yield to the gen- that. I would encourage you to look at it and would hope that we could see a cember, that we would be able to ad- tleman. journ sine die until the second session Mr. HOYER. I thank the gentleman similar action taken on the House of the Congress, probably to begin the for yielding. floor. 3rd week in January, although the I don’t want to be specific on that be- Mr. HOYER. Mr. Speaker, will the Speaker and I need to discuss that, and cause I don’t want to anticipate where gentleman yield? I want to discuss it also with you and Mr. BLUNT. Yes. the Senate might be at that point in Mr. HOYER. I want to say, on behalf Mr. BOEHNER. But my thought would be time. The leader in the Senate, al- that we would come back the 3rd week of myself and, I believe, the over- though he had represented that they whelming majority of my caucus, per- in January. perhaps might be there in December, haps every Member of my caucus, we In addition to that, because we are he has indicated now that his hope and not going to adjourn sine die on the have great respect for General plan is that they will not be there in Petraeus. It does not help, in my opin- 26th of October, which I had hoped but December so that hopefully he is fo- ion, the debate to impugn the integrity which is not realistic at this point in cused as well and the Senate is focused of those who are serving our country in time, I had scheduled the four Fridays as well on the 16th of November as the uniform in harm’s way. of October to meet. I want all the adjournment date. If that is not and we I believe that General Petraeus is an Members to know, and I discussed this have not done what we need to do by honorable man of great integrity who with the whip earlier in the week, that that time, hopefully we will be able to has served our country well. I may dis- we will not be meeting on the 5th of accommodate that certainly by late agree with him; he may disagree with October, that Friday, nor will we be October and letting the Members know me on issues. But that does not in any meeting on the 19th so that, because of what we are going to do. way, any more than you and I might Columbus Day, the Members will have We will not be here, clearly, the week disagree and we are good friends, un- from Thursday late afternoon, and I of Thanksgiving. That is a guarantee. I dermine our respect for each other’s don’t commit to any particular time on would not want at this juncture, be- opinion. Thursday, the 4th, until Tuesday the cause there is still a lot to happen over And as I say, I want to articulate, be- 9th at 6:30 p.m. before we come back. the next 6 weeks, to be definitive about cause you bring up the issue, that I be- Mr. BLUNT. Are we scheduled to what other weeks we would not be lieve that that impugning of his integ- work on the 12th or not? here. rity and of his patriotism and of his Mr. HOYER. October 12? Mr. BLUNT. Except you would be de- commitment to this country was inap- Mr. BLUNT. Yes. finitive about the week of Christmas, propriate. Mr. HOYER. That Friday is currently I’m sure, if it comes to that? Mr. BLUNT. I appreciate that. And, scheduled. We are obviously in a posi- Mr. HOYER. As someone who has in fact, while you may not want to ar- tion where we are not going to hold served here a long time and who has, ticulate it, I thought you did very well. Members here for Friday simply to be unfortunately, been here on the 23rd If you want to take that out of the here on Friday. It has been made clear and 24th, I believe, at least 1 year, I just-entered-into CONGRESSIONAL to me that most Members on both sides hesitate to say that. But my Members RECORD of our proceedings, I’m sure I of the aisle don’t think that’s a sen- will be very unhappy with me if we are could cosponsor exactly the comments sible policy. I agree with that. As a here Christmas week. I will tell you we you just made and would like to see us matter of fact, I think my friend has have 233 Members, and if we meet on have a chance to do that. made that observation to me as well. Christmas, I will guarantee you there I thank my friend for the informa- Mr. BLUNT. I do agree with that. are 233 Members on this side who will tion. Mr. HOYER. But we have to find out be very unhappy with me, and I will be Mr. HOYER. If the gentleman would the workload. As you well know, as you in that rank. yield, the good news for you is my pre- get down towards the end, if we are Mr. BLUNT. I would assure my friend sumption is they are going to be in the going to have any shot at adjourning that our Members would be even more RECORD.

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.071 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN H10690 CONGRESSIONAL RECORD — HOUSE September 20, 2007 I thank the gentleman. for the automatic termination of a na- dedication to his mission, and for mak- Mr. BLUNT. I thank the gentleman. tional emergency unless, prior to the ing the ultimate sacrifice. f anniversary date of its declaration, the f President publishes in the Federal Reg- b 1445 ister and transmits to the Congress a SPECIAL ORDERS ADJOURNMENT TO MONDAY, notice stating that the emergency is to The SPEAKER pro tempore. Under SEPTEMBER 24, 2007 continue in effect beyond the anniver- the Speaker’s announced policy of Jan- Mr. HOYER. Mr. Speaker, I ask sary date. In accordance with this pro- uary 18, 2007, and under a previous unanimous consent that when the vision, I have sent the enclosed notice order of the House, the following Mem- House adjourns today, it adjourn to to the Federal Register for publication, bers will be recognized for 5 minutes meet at 12:30 p.m. on Monday next for stating that the national emergency each. morning-hour debate. with respect to persons who commit, f threaten to commit, or support ter- The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Under a rorism is to continue in effect beyond objection to the request of the gen- previous order of the House, the gen- September 23, 2007. tleman from Maryland? tleman from Texas (Mr. POE) is recog- The crisis constituted by the grave There was no objection. nized for 5 minutes. acts of terrorism and threats of ter- f (Mr. POE addressed the House. His rorism committed by foreign terror- remarks will appear hereafter in the DISPENSING WITH CALENDAR ists, including the terrorist attacks in Extensions of Remarks.) WEDNESDAY BUSINESS ON New York, in Pennsylvania, and WEDNESDAY NEXT against the Pentagon committed on f Mr. HOYER. Mr. Speaker, I ask September 11, 2001, and the continuing UNJUST PROSECUTION OF unanimous consent that the business and immediate threat of further at- FORMER BORDER PATROL in order under the Calendar Wednesday tacks on United States nationals or the AGENTS RAMOS AND COMPEAN rule be dispensed with on Wednesday United States that led to the declara- The SPEAKER pro tempore. Under a next. tion of a national emergency on Sep- The SPEAKER pro tempore. Is there tember 23, 2001, has not been resolved. previous order of the House, the gen- objection to the request of the gen- These actions pose a continuing un- tleman from North Carolina (Mr. tleman from Maryland? usual and extraordinary threat to the JONES) is recognized for 5 minutes. There was no objection. national security, foreign policy, and Mr. JONES of North Carolina. Mr. Speaker, today is day 247 of incarcer- f economy of the United States. For these reasons, I have determined that ation for two former U.S. Border Pa- COMMUNICATION FROM THE CHIEF it is necessary to continue the national trol agents. Agents Ramos and ADMINISTRATIVE OFFICER OF emergency declared with respect to Compean were convicted in March of THE HOUSE persons who commit, threaten to com- 2006 for shooting a Mexican drug smug- The SPEAKER pro tempore laid be- mit, or support terrorism, and main- gler who brought 743 pounds of mari- fore the House the following commu- tain in force the comprehensive sanc- juana across our border into Texas. nication from the Chief Administrative tions to respond to this threat. These agents have now been in prison for more than 8 months. Since the Officer of the House of Representatives: GEORGE W. BUSH. HOUSE OF REPRESENTATIVES, THE WHITE HOUSE, September 20, 2007. agents’ conviction, thousands of Amer- Washington, DC, September 19, 2007. ican citizens and dozens of Members of f Hon. NANCY PELOSI, Congress have asked President Bush to Speaker, House of Representatives, SERGEANT DELMAR WHITE pardon these two men. Washington, DC. (Mr. DAVIS of Kentucky asked and Mr. Speaker, many in this country DEAR MADAM SPEAKER: This is to notify are disappointed that the prison sen- you formally, pursuant to Rule VIII of the was given permission to address the Rules of the House of Representatives, that I House for 1 minute and to revise and tence of Scooter Libby was committed, have been served with a subpoena, issued in extend his remarks.) while these two law enforcement offi- the U.S. District Court for the District of Co- Mr. DAVIS of Kentucky. Mr. Speak- cers are still in prison. Mr. Libby did lumbia, for documents in a grand jury pro- er, I rise this afternoon to pay tribute not spend one day in prison, yet two ceeding. to one of our Nation’s heroes, Staff decorated Border Patrol agents with After consultation with the Office of the Sergeant Delmar White. Sergeant exemplary records, who were doing General Counsel, I have determined that White lost his life when serving a con- their duty to protect the American compliance with the subpoena is consistent people from an illegal alien drug smug- with the precedents and privileges of the voy mission in Baghdad, Iraq on Sep- House. tember 2, 2007. gler, are serving 11 and 12 years in pris- Sincerely, Sergeant White was a dedicated sol- on. By attempting to apprehend an ille- DANIEL BEARD, dier and served in the Marine Corps in gal alien drug smuggler, these agents Chief Administrative Officer, the Persian Gulf War. He had been a were enforcing our laws, not breaking House of Representatives. member of the Kentucky Army Na- the laws. f tional Guard since 1998 and was serving Mr. Speaker, I want to thank Judici- ary Chairman JOHN CONYERS for his CONTINUATION OF THE NATIONAL in Iraq with Battery B, 2nd Battalion, concern and interest in this case. I also EMERGENCY WITH RESPECT TO 138th Field Artillery based in Carlisle, want to thank Foreign Affairs Sub- PERSONS WHO COMMIT, THREAT- Kentucky. committee Chairman BILL DELAHUNT EN TO COMMIT, OR SUPPORT I recently had the opportunity to who, prior to the August recess, held a TERRORISM—MESSAGE FROM visit with Sergeant White’s family, and hearing to examine the Mexican Gov- THE PRESIDENT OF THE UNITED his wife conveyed to me that he died ernment’s influence in this case. I am STATES (H. DOC. NO. 110–59) for a cause that he truly believed in. His fellow officers, noncommissioned hopeful that Chairman JOHN CONYERS The SPEAKER pro tempore laid be- officers and soldiers told me of a kind will see to it that the House Judiciary fore the House the following message and gentle man who was dedicated to Committee will hold a hearing within from the President of the United the military and to his family. the next 30 to 45 days to fully examine States; which was read and, together Today, as we honor his memory, our this case. with the accompanying papers, without thoughts and prayers turn to his wife, While the Senate Judiciary Com- objection, referred to the Committee Michelle, their two children, Shelby mittee held a hearing on this case in on Foreign Affairs and ordered to be and Seth, and his family and friends as July 2007, additional questions remain printed: they struggle with the loss of this about how this prosecution was initi- To the Congress of the United States: great man. ated and how the U.S. Attorney’s Of- Section 202(d) of the National Emer- Our Nation is deeply indebted to Ser- fice proceeded in this case. Since that gencies Act (50 U.S.C. l622(d)) provides geant Delmar White for his service, time, it has become clear that not only

VerDate Aug 31 2005 02:21 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.072 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10691 did the prosecution prevent the jury Baghdad. Is this the measure of success basketball game, an intense athletic from hearing evidence that the smug- of the escalation? I should hope not. I contest between Members of Congress gler brought a second load of drugs should think not. To this date, the ad- and representatives of the lobbying across our border, but this smuggler ministration has either been unwilling community. was also given free access to our coun- or unable to account for all the private Normally, I’m accompanied with a try during and after the second smug- military contractors in Iraq. handsome trophy indicating the suc- gling incident. Contractors have their own rules. No cess of our athletic endeavors. In fact, The American people want to know one knows to whom they are account- seven times out of the last 9 years said why did the U.S. Attorney’s Office con- able. Reports of these contractors, hardware has joined me here at the tinue to produce these border agents however, have been anything but prom- table. Alas, I will admit the absence of even after the credibility of the drug ising. The Center for American said hardware suggests the outcome of smuggler was shattered. This is a ques- Progress estimates the total number of last Monday night’s game. The lobby- tion that U.S. Attorney Johnny Sutton private contractors in Iraq to be 126,000 ists defeated the Members team 45–36. needs to answer. By shedding light on to 180,000; 20,000 to 50,000 of those are Now, some point out that the en- the questionable actions of the pros- private security guards. They zip hanced lobbying disclosure rules that ecution in this case, I am hopeful that through Iraq, through Iraqi towns and have been passed are to blame in that this gross miscarriage of justice can be neighborhoods in their convoys of ar- we were unable to utilize secret plays. corrected. mored SUVs. Are they accountable to I often point out that the universe And I want to say to the families of an international law of war? Are they from which the teams are drawn, the Border Patrol agents Compean and accountable to U.S. law? Can the Iraqis universe of lobbyists, of course num- Ramos that this Congress is not going hold them accountable for acts of vio- bers in the thousands, indeed the tens to forget this injustice; and we’re going lence within Iraq? Nobody knows. Are of thousands from which they can draw to turn this injustice to justice for these contractors receiving any mental their athletic team whereas we, on the these two men. They deserve it. God health assistance? Are we ensuring other hand, are limited by a finite bless them and their families. that no one being paid by the United number of 535. And may God bless our men and States is hitting the streets of Baghdad One observer of the game wryly women in uniform, and may God con- with PTSD? What is the screening noted that he hoped the Members of tinue to bless America. process? We have no idea who’s out Congress team were current on their dues to the local bricklayers union in f there in the name of the United States of America. that, shall we say, our shooting per- The SPEAKER pro tempore. Under a centage was not that good. previous order of the House, the gen- Every single day we open the paper to find report after report that the oc- The bright spot, however, as is the tleman from Maryland (Mr. CUMMINGS) cupation of Iraq is a failure. Despite all case every year, is that significant is recognized for 5 minutes. funds were raised for local charities. (Mr. CUMMINGS addressed the of the heroic acts of our men and women in uniform, we cannot bring Indeed, last Monday night’s event at House. His remarks will appear here- the Smith Center, on the campus of after in the Extensions of Remarks.) peace and stability to a nation at the point of a gun. We cannot win an occu- George Washington University, raised f pation. over $60,000, bringing the cumulative total of funds for local charities to over BRING OUR TROOPS AND This administration needs to get real $300,000 over the life of this very spir- MILITARY CONTRACTORS HOME about the situation on the ground. It is time, it is past time to fully fund a safe ited but worthwhile contest. The SPEAKER pro tempore. Under a and orderly redeployment of our troops Specifically, the local charities this previous order of the House, the gentle- and of our military contractors from year included Horton’s Kids and the woman from California (Ms. WOOLSEY) Iraq. That is all the Congress can ac- Luke Tiahrt Foundation, as well as is recognized for 5 minutes. cept. Saint Anthony’s. Before the game, Ms. WOOLSEY. Mr. Speaker, this We support our troops. We support many of the children actually served week, we heard reports that private Iraqi sovereignty. We support a surge by those funds were in attendance. So military contractor Blackwater has in diplomatic efforts. What we cannot, it was great to see the recipients of been ordered out of Iraq and had its li- what we will not accept is another those charitable efforts being there and cense revoked after a shootout that year, another decade or another flag- participating in that contest. took the lives of at least eight Iraqi ci- draped coffin. A couple of quick thanks: As always, vilians. This didn’t happen in the ‘‘wild Let’s bring our troops home. Let’s George Washington University was ex- west’’ of Iraq, not even in the so-called bring our contractors home. And let’s traordinary in their hospitality in pro- ‘‘triangle of death.’’ Mr. Speaker, it allow the people of Iraq to reclaim viding the gymnasium of the Smith happened within the U.S.-protected their country. Center. We had celebrity coaches. Green Zone in Baghdad. That’s the Coach John Thompson, III, Georgetown area where the so-called surge was sup- f University’s basketball coach, was the posed to bring peace and stability. The SPEAKER pro tempore. Under a Members of Congress’ coach. He didn’t One account of the scene goes like previous order of the House, the gen- have a lot to work with, unfortunately, this: a witness, Muhammad Hussein, tleman from Indiana (Mr. BURTON) is last Monday night. We are checking saw his brother killed in the gunfight. recognized for 5 minutes. with the NCAA to make sure that that Muhammad said, I was driving behind (Mr. BURTON of Indiana addressed blemish is not going to be included in my brother’s car and suddenly there the House. His remarks will appear this year’s Georgetown record. On the was an explosion and firing. I tried to hereafter in the Extensions of Re- other side of the court was Coach Karl figure out what was happening when I marks.) Hobbs from George Washington Univer- saw a black convoy ahead of us, he told f sity. Again, we appreciate the unself- an international news agency, and b 1500 ishness of both Coach Thompson and went on to say, Soon after, I saw my Coach Hobbs. brother slumped in the car. I dragged MEMBERS DEFEATED BY I also want to acknowledge, I am not him out of the car and tried to hide to LOBBYISTS IN ‘‘HOOPS FOR HOPE’’ sure they want their names mentioned avoid the firing, but realized that he The SPEAKER pro tempore. Under a necessarily, but my colleagues, Mr. had been shot in the chest and he was previous order of the House, the gen- TIAHRT of Kansas, Mr. LARSEN of the already dead. That’s what he said. tleman from Missouri (Mr. HULSHOF) is State of Washington, Mr. KIND of Wis- So, Mr. Speaker, one week after Gen- recognized for 5 minutes. consin, Mr. FLAKE of Arizona, Mr. eral Petraeus came up to the Hill to Mr. HULSHOF. I have to admit, Mr. THUNE from the other side of the Cap- brief Members of Congress, we are see- Speaker, that it is with conflicting itol from South Dakota, Mr. MEEK of ing private military contractors kill- emotion that I rise, as is my custom, Florida, and Mr. CROWLEY of New York, ing civil civilians in the streets of to report on the annual Hoops for Hope again, gave it our best. But we fell

VerDate Aug 31 2005 00:52 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.077 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN H10692 CONGRESSIONAL RECORD — HOUSE September 20, 2007 short. But as they always say, there is that flier here. When I was handed the those unifying elements, in my humble next year. flier, I noticed that it was in Spanish. opinion, is a common language, that So, finally, with apologies to Mr. I asked if I could have an English common language being English. I Longfellow, I would conclude by say- translation or English flier. I was told think when things like this occur, I ing: they didn’t have any. But I was told wasn’t identified as a congressman, I Somewhere in this favored land that I could look at the pictures to see was just a plain old customer, as was The sun is shining bright. what they had on display. I commented my wife, this is the kind of thing I The band is playing somewhere that I thought I was in the United think that irritates so many Ameri- And somewhere hearts are light. States. I was born here. I was taught cans who believe we have just given up Somewhere men are laughing, English in the schools. on attempting to bring us together Somewhere children play. At that point in time, whoever was with a common American culture But there is no joy in Washington, doing a bit of the program got on the The lobbyists won the day. brought together by a number of dif- mike and started speaking to those ferent things, one of which, impor- Mr. Speaker, I yield back the balance who were assembled. He spoke in Span- tantly, is our language. I would hope of my time. ish. I then went inside. As we were that not only in this body would we re- f making the purchase, I asked to see flect on that, but I would hope some of The SPEAKER pro tempore. Under a the manager of the Lowe’s store there our commercial enterprises, such as previous order of the House, the gen- on Jefferson Highway in Alexandria, Lowe’s, would reflect on that, as well. tleman from Oregon (Mr. DEFAZIO) is Virginia at about 1:30 in the afternoon. f recognized for 5 minutes. The manager came up to me and asked The SPEAKER pro tempore. Under a (Mr. DEFAZIO addressed the House. what my complaint was. I suggested previous order of the House, the gen- that I thought it might be a good idea His remarks will appear hereafter in tleman from Kentucky (Mr. DAVIS) is the Extensions of Remarks.) that they also have English available recognized for 5 minutes. f to those of us who might want to pur- (Mr. DAVIS of Kentucky addressed The SPEAKER pro tempore. Under a chase their product. He first told me the House. His remarks will appear previous order of the House, the gentle- that wasn’t his problem, it was hereafter in the Extensions of Re- DeWalt’s. Of course, DeWalt, as far as I woman from Florida (Ms. GINNY marks.) could tell, you only could purchase at BROWN-WAITE of Florida) is recognized f for 5 minutes. Lowe’s. Then he looked at me with LEAVE OF ABSENCE (Ms. GINNY BROWN-WAITE of Flor- some chagrin in his face and some ida addressed the House. Her remarks upset that I would bring it up and said, By unanimous consent, leave of ab- will appear hereafter in the Extensions ‘‘Well, if you want me to apologize be- sence was granted to: of Remarks.) cause it is in Spanish, okay, I apolo- Mr. JOHNSON of Georgia (at the re- gize.’’ There was no attempt made to quest of Mr. HOYER) for today. f try and service a customer who wanted SPECIAL ORDERS GRANTED The SPEAKER pro tempore. Under a to buy a product, who wanted to have previous order of the House, the gen- By unanimous consent, permission to something explained to him in English address the House, following the legis- tleman from Utah (Mr. BISHOP) is rec- rather than looking at the pictures. lative program and any special orders ognized for 5 minutes. Now, I understand if I am in another (Mr. BISHOP of Utah addressed the heretofore entered, was granted to: country where English is not the pre- (The following Members (at the re- House. His remarks will appear here- dominant language, I would not be of- after in the Extensions of Remarks.) quest of Ms. WOOLSEY) to revise and ex- fended if somebody handed me a sheet tend their remarks and include extra- f and said, ‘‘I am sorry we don’t have neous material:) something in English, but you can look ENGLISH IS THE OFFICIAL LAN- Mr. CUMMINGS, for 5 minutes, today. at the pictures and see what we have.’’ GUAGE OF THE UNITED STATES Ms. WOOLSEY, for 5 minutes, today. But to be made to feel like a foreigner Mr. DEFAZIO, for 5 minutes, today. The SPEAKER pro tempore. Under a in your own country within just 30 (The following Members (at the re- previous order of the House, the gen- miles of our Nation’s Capitol seems quest of Mr. JONES of North Carolina) tleman from California (Mr. DANIEL E. passing strange. to revise and extend their remarks and LUNGREN) is recognized for 5 minutes. I don’t object to the celebration of include extraneous material:) Mr. DANIEL E. LUNGREN of Cali- other cultures. We have half Irish and Mr. POE, for 5 minutes, September 27. fornia. Mr. Speaker, in my own dis- half Swedish in my background. I un- Mr. BISHOP of Utah, for 5 minutes, trict, I have an outstanding example of derstand that many of us in America today. the best of American business. One of enjoy the celebration of St. Patrick’s Mr. JONES of North Carolina, for 5 the stores of my district, Lowe’s, a Day. Many in America and the State in minutes, September 27. store in Citrus Heights, is one of the which I was born, California, celebrate Mr. DANIEL E. LUNGREN of California, best in the country. I think they serve Cinco de Mayo. Individuals who come for 5 minutes, today. the community well. from other backgrounds, whose ances- Mr. DAVIS of Kentucky, for 5 min- But I would like to talk about an ex- tors have come from other countries, utes, today. perience my wife and I had this last we rejoice in the diversity of America. f Saturday here at the Lowe’s store in We rejoice in the fact that we are a Northern Virginia, in Alexandria. We country of immigrants. ADJOURNMENT were going there to buy an appliance But when we attempt to deal with Mr. DANIEL E. LUNGREN of Cali- that we needed. While we waited for it the difficult questions of immigration, fornia. Mr. Speaker, I move that the to be taken out of inventory, I went both legal and illegal, and I have been House do now adjourn. outside in the parking lot where I saw involved in trying to create laws in The motion was agreed to; accord- two large vans that were identified as that for the last 27 years, and when we ingly (at 3 o’clock and 8 minutes p.m.), DeWalt vans. That is the name of the talk about the issue of under its previous order, the House ad- company that provides the power tools multiculturalism in this society, how journed until Monday, September 24, that are sold at Lowe’s. And I have pur- do we, somehow, create a society that 2007, at 12:30 p.m., for morning-hour de- chased at least one in the past and is made even better by the tremendous bate. thought I might be interested in pur- contributions of people from around f chasing another. the world, different cultures, So, I went out to the big display they ethnicities, languages and back- EXECUTIVE COMMUNICATIONS, had where they had roped off a part of grounds? We still have to understand. ETC. the parking lot to see what they had, We have to have some unifying ele- Under clause 8 of rule XII, executive to see what I might want to purchase. ments in this society precisely because communications were taken from the I was given a flier. I have a blowup of we have so many backgrounds. One of Speaker’s table and referred as follows:

VerDate Aug 31 2005 01:10 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.082 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10693 3365. A letter from the Under Secretary for added to the Special Exposure Cohort (SEC), the Department’s final rule — Airworthiness Personnel and Readiness, Department of De- pursuant to the Energy Employees Occupa- Directives; McDonnell Douglas Model DC-8- fense, transmitting authorization of the en- tional Illness Compensation Program Act of 62, DC-8-62F, DC-8-63, DC-8-63F, DC-8-72, DC- closed list of officers to wear the insignia of 2000 (EEOICPA); to the Committee on the 8-72F, and DC-8-73F Airplanes [Docket No. the next higher grade in accordance with Judiciary. FAA-2007-27756; Directorate Identifier 2006- title 10, United States Code, section 777; to 3375. A letter from the FMCSA Regulatory NM-225-AD; Amendment 39-15106; AD 2007-13- the Committee on Armed Services. Ombudsman, Department of Transportation, 02] (RIN: 2120-AA64) received September 14, 3366. A letter from the Deputy Director, transmitting the Department’s final rule — 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Defense Security Cooperation Agency, trans- Parts and Accessories Necessary for Safe Op- Committee on Transportation and Infra- mitting pursuant to the reporting require- eration; Lamps and Reflective Devices structure. ments of Section 36(b)(1) of the Arms Export [Docket No. FMCSA-1997-2364] (RIN: 2126- 3385. A letter from the Program Analyst, Control Act, as amended, Transmittal No. 07- AB07) received September 14, 2007, pursuant Department of Transportation, transmitting 38, concerning the Department of the Army’s to 5 U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule — Airworthiness proposed Letter(s)of Offer and Acceptance to Transportation and Infrastructure. Directives; Empresa Brasileira de Bahrain for defense articles and services; to 3376. A letter from the Program Analyst, Aeronautica S.A. (EMBRAER) ERJ 170 Air- the Committee on Foreign Affairs. Department of Transportation, transmitting planes [Docket No. FAA-2007-27508; Direc- 3367. A letter from the Director, Defense the Department’s final rule — Standard In- torate Identifier 2006-NM-252-AD; Amend- Security Cooperation Agency, transmitting strument Procedures; Miscellaneous Amend- ment 39-15117; AD 2007-13-13] received Sep- pursuant to the reporting requirements of ments [Docket No. 30522; Amdt. No. 3193] re- tember 14, 2007, pursuant to 5 U.S.C. Section 36(b)(1) of the Arms Export Control ceived September 14, 2007, pursuant to 5 801(a)(1)(A); to the Committee on Transpor- Act, as amended, Transmittal No. 07-48, con- U.S.C. 801(a)(1)(A); to the Committee on tation and Infrastructure. cerning the Department of the Army’s pro- Transportation and Infrastructure. 3386. A letter from the Program Analyst, posed Letter(s)of Offer and Acceptance to 3377. A letter from the Program Analyst, Department of Transportation, transmitting Singapore for defense articles and services; Department of Transportation, transmitting the Department’s final rule — Airworthiness to the Committee on Foreign Affairs. the Department’s final rule — Standard In- Directives; PIAGGIO AERO INDUSTRIES 3368. A letter from the Deputy Director, strument Approach Procedures; Miscella- S.p.A. Model P-180 Airplanes [Docket No. Defense Security Cooperation Agency, trans- neous Amendments [Docket No. 30520; Amdt. FAA-2007-27723 Directorate Identifier 2007- mitting pursuant to the reporting require- No. 3191] received September 14, 2007, pursu- CE-029-AD; Amendment 39-15116; AD 2007-13- ments of Section 36(b)(1) of the Arms Export ant to 5 U.S.C. 801(a)(1)(A); to the Committee 12] (RIN: 2120-AA64) received September 14, Control Act, as amended, Transmittal No. 07- on Transportation and Infrastructure. 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the 3378. A letter from the Program Analyst, 47, concerning the Department of the Army’s Committee on Transportation and Infra- Department of Transportation, transmitting proposed Letter(s)of Offer and Acceptance to structure. the Department’s final rule — Federal Motor Canada for defense articles and services; to 3387. A letter from the Program Analyst, Vehicle Safety Standards; Occupant Protec- the Committee on Foreign Affairs. Department of Transportation, transmitting tion in Interior Impact [Docket No. NHTSA 3369. A letter from the Deputy Director, the Department’s final rule — Airworthiness 2007-29131] (RIN: 2127-AI93) received Sep- Defense Security Cooperation Agency, trans- Directives; McDonnell Douglas DC-10-30 and tember 14, 2007, pursuant to 5 U.S.C. mitting pursuant to the reporting require- DC-10-30F Airplanes [Docket No. FAA-2007- 801(a)(1)(A); to the Committee on Transpor- ments of Section 36(b)(1) of the Arms Export 27302; Directorate Identifier 2006-NM-273-AD; tation and Infrastructure. Control Act, as amended, Transmittal No. 07- 3379. A letter from the Program Analyst, Amendment 39-15114; AD 2007-13-10] (RIN: 39, concerning the Department of the Navy’s Department of Transportation, transmitting 2120-AA64) received September 14, 2007, pur- proposed Letter(s)of Offer and Acceptance to the Department’s final rule — Establish- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Brazil for defense articles and services; to ment, Modification and Revocation of VOR mittee on Transportation and Infrastruc- the Committee on Foreign Affairs. Federal Airways; East Central United States ture. 3370. A letter from the Deputy Director, [Docket FAA No. FAA-2006-24926; Airspace 3388. A letter from the Program Analyst, Defense Security Cooperation Agency, trans- Docket No. 06-ASW-1] received September 14, Department of Transportation, transmitting mitting pursuant to the reporting require- 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Department’s final rule — Airworthiness ments of Section 36(b)(1) of the Arms Export Committee on Transportation and Infra- Directives; McDonnell Douglas Model 717-200 Control Act, as amended, Transmittal No. 07- structure. Airplanes [Docket No. FAA-2006-24978; Direc- 41, concerning the Department of the Navy’s 3380. A letter from the Program Analyst, torate Identifier 2006-NM-108-AD; Amend- proposed Letter(s)of Offer and Acceptance to Department of Transportation, transmitting ment 39-15113; AD 2007-13-09] (RIN: 2120-AA64) Taipai Economic and Cultural Representa- the Department’s final rule — Establishment received September 14, 2007, pursuant to 5 tive Office in the United States for defense of Class E Airspace; Centreville, AL [Docket U.S.C. 801(a)(1)(A); to the Committee on articles and services; to the Committee on No. FAA-2007-28022; Airspace Docket No. 07- Transportation and Infrastructure. Foreign Affairs. ASO-7] received September 14, 2007, pursuant 3389. A letter from the Program Analyst, 3371. A letter from the Deputy Director, to 5 U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting Defense Security Cooperation Agency, trans- Transportation and Infrastructure. the Department’s final rule — Airworthiness mitting pursuant to the reporting require- 3381. A letter from the Program Analyst, Directives; Cirrus Design Corporation Models ments of Section 36(b)(1) of the Arms Export Department of Transportation, transmitting SR20 and SR22 Airplanes [Docket No. FAA- Control Act, as amended, Transmittal No. 07- the Department’s final rule — Establishment 2007-27976; Directorate Identifier 2007-CE-042- 40, concerning the Department of the Navy’s of Class D and E Airspace; Aguadilla, PR; AD; Amendment 39-15125; AD 2007-14-03] (RIN: proposed Letter(s)of Offer and Acceptance to Correction [Docket No. FAA-2007-27594; Air- 2120-AA64) received September 14, 2007, pur- Spain for defense articles and services; to the space Docket No. 07-ASO-3] received Sep- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee on Foreign Affairs. tember 14, 2007, pursuant to 5 U.S.C. mittee on Transportation and Infrastruc- 3372. A letter from the Deputy Director, 801(a)(1)(A); to the Committee on Transpor- ture. Defense Security Cooperation Agency, trans- tation and Infrastructure. 3390. A letter from the Program Analyst, mitting pursuant to the reporting require- 3382. A letter from the Program Analyst, Department of Transportation, transmitting ments of Section 36(b)(1) of the Arms Export Department of Transportation, transmitting the Department’s final rule — Airworthiness Control Act, as amended, Transmittal No. 07- the Department’s final rule — Airworthiness Directives; AEROTECHNIC Vertiebs-u. Serv- 32, concerning the Department of the Air Directives; Boeing Model 777 Airplanes ice GmbH Model Honeywell CAS67A ACAS II Force’s proposed Letter(s)of Offer and Ac- [Docket No. FAA-2006-25973; Directorate Systems Appliances [Docket No. FAA-2007- ceptance to Israel for defense articles and Identifier 2006-NM-178-AD; Amendment 39- 27680 Directorate Identifier 2007-CE-026-AD; services; to the Committee on Foreign Af- 15109; AD 2007-13-05] (RIN: 2120-AA64) received Amendment 39-15128; AD 2007-14-06] (RIN: fairs. September 14, 2007, pursuant to 5 U.S.C. 2120-AA64) received September 14, 2007, pur- 3373. A letter from the Secretary, Depart- 801(a)(1)(A); to the Committee on Transpor- suant to 5 U.S.C. 801(a)(1)(A); to the Com- ment of Health and Human Services, trans- tation and Infrastructure. mittee on Transportation and Infrastruc- mitting the Department’s determination on 3383. A letter from the Program Analyst, ture. a petition on behalf of a class of workers Department of Transportation, transmitting 3391. A letter from the Program Analyst, from the Ames Laboratory in Ames, Iowa to the Department’s final rule — Airworthiness Department of Transportation, transmitting be added to the Special Exposure Cohort Directives; Airbus Model A318, A319, A320, the Department’s final rule — Airworthiness (SEC), pursuant to the Energy Employees and A321 Airplanes[Docket No. FAA-2006- Directives; Airbus Model A330 and A340 Air- Occupational Illness Compensation Program 26051; Directorate Identifier 2006-NM-154-AD; planes [Docket No. FAA-2007-27768; Direc- Act of 2000 (EEOICPA); to the Committee on Amendment 39-15112; AD 2007-13-08] (RIN: torate Identifier 206-NM-174-AD; Amendment the Judiciary. 2120-AA64) received September 14, 2007, pur- 39-15123; AD 2007-14-01] (RIN: 2120-AA64) re- 3374. A letter from the Secretary, Depart- suant to 5 U.S.C. 801(a)(1)(A); to the Com- ceived September 14, 2007, pursuant to 5 ment of Health and Human Services, trans- mittee on Transportation and Infrastruc- U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s determination on ture. Transportation and Infrastructure. a petition on behalf of a class of workers 3384. A letter from the Program Analyst, 3392. A letter from the Program Analyst, from the Hanford Nuclear Reservation to be Department of Transportation, transmitting Department of Transportation, transmitting

VerDate Aug 31 2005 01:10 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\L20SE7.000 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN H10694 CONGRESSIONAL RECORD — HOUSE September 20, 2007 the Department’s final rule — Airworthiness 28749; Directorate Identifier 2007-NM-079-AD; 3407. A letter from the Program Analyst, Directives; Bombardier Model CL-600-1A11 Amendment 39-15134; AD 2007-15-05] (RIN: Department of Transportation, transmitting (CL-600), CL-600-2A12 (CL-601), CL-600-2B16 2120-AA64) received September 14, 2007, pur- the Department’s final rule — Airworthiness (CL-601-3A, CL-601-3R, and CL-604) Airplanes suant to 5 U.S.C. 801(a)(1)(A); to the Com- Directives; EADS SOCATA Model TBM 700 [Docket No. FAA-2006-26353; Directorate mittee on Transportation and Infrastruc- Airplanes [Docket No. FAA-2006-25332; Direc- Identifier 2006-NM-189-AD; Amendment 39- ture. torate Identifier 2006-CE-40-AD; Amendment 15124; AD 2007-14-02] (RIN: 2120-AA64) received 3400. A letter from the Program Analyst, 39-14808; AD 2006-22-11] (RIN: 2120-AA64) re- September 14, 2007, pursuant to 5 U.S.C. Department of Transportation, transmitting ceived September 14, 2007, pursuant to 5 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule — Airworthiness U.S.C. 801(a)(1)(A); to the Committee on tation and Infrastructure. Directives; Boeing Model 737-800 Series Air- Transportation and Infrastructure. 3393. A letter from the Program Analyst, planes [Docket No. FAA-2007-28750; Direc- 3408. A letter from the Program Analyst, Department of Transportation, transmitting torate Identifier 2007-NM-124-AD; Amend- Department of Transportation, transmitting the Department’s final rule — Airworthiness ment 39-15133; AD 2007-15-04] (RIN: 2120-AA64) the Department’s final rule — Airworthiness Directives; Pacific Aerospace Corporation, received September 14, 2007, pursuant to 5 Directives; Boeing Model 747 Airplanes Ltd Model 750XL Airplanes [Docket No. U.S.C. 801(a)(1)(A); to the Committee on [Docket No. FAA-2006-24119; Directorate FAA-2007-27863 Directorate Identifier 2007- Transportation and Infrastructure. Identifier 2005-NM-100-AD; Amendment 39- CE-037-AD; Amendment 39-15126; AD 2007-14- 3401. A letter from the Program Analyst, 14806; AD 2006-22-09] (RIN: 2120-AA64) received 04] (RIN: 2120-AA64) received September 14, Department of Transportation, transmitting September 14, 2007, pursuant to 5 U.S.C. 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Department’s final rule — Airworthiness 801(a)(1)(A); to the Committee on Transpor- Committee on Transportation and Infra- Directives; Stemme GmbH & Co. KG Model tation and Infrastructure. structure. S10-V and S10-VT Powered Sailplanes [Dock- 3409. A letter from the Program Analyst, 3394. A letter from the Program Analyst, et No. FAA-2007-27431 Directorate Identifier Department of Transportation, transmitting Department of Transportation, transmitting 2007-CE-016-AD; Amendment 39-15132; AD the Department’s final rule — Airworthiness the Department’s final rule — Airworthiness 2007-15-03] (RIN: 2120-AA64) received Sep- Directives; Boeing Model 757-200, -200CB, and Directives; Rolls-Royce plc RB211-524 and tember 14, 2007, pursuant to 5 U.S.C. -300 Series Airplanes [Docket No. FAA-2005- -535 Series Turbofan Engines [Docket No. 801(a)(1)(A); to the Committee on Transpor- 21968; Directorate Identifier 2005-NM-077-AD; FAA-2006-24325; Directorate Identifier 2006- tation and Infrastructure. Amendment 39-14798; AD 2006-22-01] (RIN: NE-10-AD; Amendment 39-15129; AD 2007-14- 3402. A letter from the Program Analyst, 2120-AA64) received September 14, 2007, pur- 07] (RIN: 2120-AA64) received September 14, Department of Transportation, transmitting suant to 5 U.S.C. 801(a)(1)(A); to the Com- 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Department’s final rule — Airworthiness mittee on Transportation and Infrastruc- Committee on Transportation and Infra- Directives; Bombardier Model CL-600-2B19 ture. structure. (Regional Jet Series 100 & 440) Airplanes 3410. A letter from the Program Analyst, 3395. A letter from the Program Analyst, [Docket No. FAA-2006-25779; Directorate Department of Transportation, transmitting Department of Transportation, transmitting Identifier 2006-NM-088-AD; Amendment 39- the Department’s final rule — Airworthiness the Department’s final rule — Airworthiness 15131; AD 2007-15-02] (RIN: 2120-AA64) received Directives; Airbus Model A300 and A310 Air- Directives; British Aerospace Regional Air- September 14, 2007, pursuant to 5 U.S.C. planes; and Airbus Model A300 B4-600, B4- craft Jetstream HP.137 Jetstream Mk.1, Jet- 801(a)(1)(A); to the Committee on Transpor- 600R, and F4-600R Series Airplanes, and stream Series 200, Jetstream Series 3101, and tation and Infrastructure. Model C4-605R Variant F Airplanes (Collec- 3403. A letter from the Program Analyst, Jetstream Model 3201 Airplanes [Docket No. tively Called A300-600 Series Airplanes) Department of Transportation, transmitting FAA-2007-27861 Directorate Identifier 2007- [Docket No. 2006-25221; Directorate Identifier the Department’s final rule — Airworthiness CE-035-AD; Amendment 39-15130; AD 2007-15- 2006-NM-122-AD; Amendment 39-14804; AD Directives; Bombardier Model CL-600-2B16 01] (RIN: 2120-AA64) received September 14, (CL-604) Airplanes and Model CL-600-2B19 2006-22-07] (RIN: 2120-AA64) received Sep- 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the (Regional Jet Series 100 & 440) Airplanes tember 14, 2007, pursuant to 5 U.S.C. Committee on Transportation and Infra- [Docket No. FAA-2006-26118; Directorate 801(a)(1)(A); to the Committee on Transpor- structure. Identifier 2006-NM-226-AD; Amendment 39- tation and Infrastructure. 3396. A letter from the Program Analyst, 3411. A letter from the Program Analyst, 14803; AD 2006-22-06] (RIN: 2120-AA64) received Department of Transportation, transmitting Department of Transportation, transmitting September 14, 2007, pursuant to 5 U.S.C. the Department’s final rule — Airworthiness the Department’s final rule — Airworthiness 801(a)(1)(A); to the Committee on Transpor- Directives; Airbus Model A310 and A300-600 Directives; Airbus Model A300 B4-600, B4- tation and Infrastructure. Series Airplanes [Docket No. FAA-2007-27154; 3404. A letter from the Program Analyst, 600R, and F4-600R Series Airplanes, and Directorate Identifier 2006-NM-139-AD; Department of Transportation, transmitting Model C4-605R Variant F Airplanes (Collec- Amendment 39-15127; AD 2007-14-05] (RIN: the Department’s final rule — Airworthiness tively Called A300-600 Series Airplanes); and 2120-AA64) received September 14, 2007, pur- Directives; Airbus Model A318-100 and A319- Model A310 Series Airplanes [Docket No. suant to 5 U.S.C. 801(a)(1)(A); to the Com- 100 Series Airplanes; Model A320-111 Air- FAA-2005-21343; Directorate Identifier 2004- mittee on Transportation and Infrastruc- planes; Model A320-200, A321-200, A330-200, NM-117-AD; Amendment 39-14800; AD 2006-22- ture. A330-300, A340-200, and A340-300 Series Air- 03] (RIN: 2120-AA64) received September 14, 3397. A letter from the Program Analyst, planes; Model A340-541 Airplanes; and Model 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department of Transportation, transmitting A340-642 Airplanes; Equipped with Certain Committee on Transportation and Infra- the Department’s final rule — Airworthiness Sogerma-Services Powered Seats [Docket structure. Directives; BAE Systems (Operations) Lim- No. FAA-2006-23633; Directorate Identifier 3412. A letter from the Program Analyst, ited Model ATP Airplanes [Docket No. FAA- 2005-NM-242-AD; Amendment 39-14801; AD Department of Transportation, transmitting 2007-28747; Directorate Identifier 2006-NM-275- 2006-22-04] (RIN: 2120-AA64) received Sep- the Department’s final rule — Airworthiness AD; Amendment 39-15137; AD 2007-15-08] (RIN: tember 14, 2007, pursuant to 5 U.S.C. Directives; Airbus Model A300 B4-600, B4- 2120-AA64) received September 14, 2007, pur- 801(a)(1)(A); to the Committee on Transpor- 600R, and F4-600R Series Airplanes, and suant to 5 U.S.C. 801(a)(1)(A); to the Com- tation and Infrastructure. Model A300 C4-605R Variant F Airplanes (Col- mittee on Transportation and Infrastruc- 3405. A letter from the Program Analyst, lectively Called A300-600 Series Airplanes) ture. Department of Transportation, transmitting [Docket No. FAA-2006-25088; Directorate 3398. A letter from the Program Analyst, the Department’s final rule — Airworthiness Identifier 2006-NM-085-AD; Amendment 39- Department of Transportation, transmitting Directives; Schempp-Hirth GmbH & Co. KG 14799; AD 2006-22-02] (RIN: 2120-AA64) received the Department’s final rule — Airworthiness Models Mini-Nimbus B and Mini-Nimbus HS- September 14, 2007, pursuant to 5 U.S.C. Directives; Airbus Model A318, A319, A320, 7 Sailplanes [Docket No. FAA-2006-25171; Di- 801(a)(1)(A); to the Committee on Transpor- and A321 Airplanes [Docket No. FAA-2007- rectorate Identifier 2006-CE-35-AD; Amend- tation and Infrastructure. 27268; Directorate Identifier 2006-NM-190-AD; ment 39-14807; AD 2006-22-10] (RIN: 2120-AA64) 3413. A letter from the Program Analyst, Amendment 39-15135; AD 2007-15-06] (RIN: received September 14, 2007, pursuant to 5 Department of Transportation, transmitting 2120-AA64) received September 14, 2007, pur- U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule — Airworthiness suant to 5 U.S.C. 801(a)(1)(A); to the Com- Transportation and Infrastructure. Directives; Rolls-Royce plc RB211 Series mittee on Transportation and Infrastruc- 3406. A letter from the Program Analyst, Turbofan Engines; Correction [Docket No. ture. Department of Transportation, transmitting 2003-NE-12-AD; Amendment 39-14609; AD 2006- 3399. A letter from the Program Analyst, the Department’s final rule — Airworthiness 11-05] (RIN: 2120-AA64) received September Department of Transportation, transmitting Directives; Hartzell Propeller Inc. Model HC- 14, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department’s final rule — Airworthiness B5MP-3( ) /M10282A ( )+6 and HC-B5MP-3 ( ) the Committee on Transportation and Infra- Directives; McDonnell Douglas Model DC-10- /M10876( ) ( ) ( ) ( ) Five-Bladed Propellers. structure. 10 and DC-10-10F Airplanes, Model DC-10-15 [Docket No. FAA-2006-25841; Directorate 3414. A letter from the Program Analyst, Airplanes, Model DC-10-30 and DC-10-30F (KC- Identifier 86-ANE-7; Amendment 39-14809; AD Department of Transportation, transmitting 10A and KDC-10) Airplanes, Model DC-10-40 2006-22-12] (RIN: 2120-AA64) received Sep- the Department’s final rule — Revocation of and DC-10-40F Airplanes, Model MD-10-10F tember 14, 2007, pursuant to 5 U.S.C. Class D Airspace; Elko, NV [Docket No. and MD-10-30F Airplanes, and Model MD-11 801(a)(1)(A); to the Committee on Transpor- FAA-2006-25243; Airspace Docket No. 06-AWP- and MD-11F Airplanes [Docket No. FAA-2007- tation and Infrastructure. 11] received September 14, 2007, pursuant to 5

VerDate Aug 31 2005 01:10 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\L20SE7.000 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10695 U.S.C. 801(a)(1)(A); to the Committee on By Mr. MILLER of North Carolina (for ment land in Pima County, Arizona, and for Transportation and Infrastructure. himself, Ms. LINDA T. SA´ NCHEZ of other purposes; to the Committee on Natural 3415. A letter from the Program Analyst, California, Mr. FRANK of Massachu- Resources. Department of Transportation, transmitting setts, Mrs. MALONEY of New York, By Mr. HINOJOSA (for himself and Ms. the Department’s final rule — Establishment and Mr. WATT): GRANGER): of Class E Airspace; Sayre, PA [Docket No. H.R. 3609. A bill to amend title 11 of the H.R. 3618. A bill to amend the Public FAA-2006-24317; Airspace Docket No. 06-AEA- United States Code with respect to modifica- Health Service Act to authorize a grant to a 006] received September 14, 2007, pursuant to tion of certain mortgages on principal resi- qualified youth-serving organization for re- 5 U.S.C. 801(a)(1)(A); to the Committee on dences, and for other purposes; to the Com- cruiting and preparing students for careers Transportation and Infrastructure. mittee on the Judiciary. and volunteer opportunities as health care 3416. A letter from the Director, Defense By Mr. DINGELL (for himself, Mr. professionals, and for other purposes; to the Security Cooperation Agency, transmitting PALLONE, and Mr. STUPAK): Committee on Energy and Commerce. notification of the intention to use unobli- H.R. 3610. A bill to amend the Federal By Ms. KILPATRICK: gated X-year IMET funds appropriated in fis- Food, Drug, and Cosmetic Act with respect H.R. 3619. A bill to amend the Internal Rev- cal year 2002 for Saudi Arabia, pursuant to to the safety of food and drugs imported into enue Code of 1986 to provide a tax credit to the Foreign Operations, Export Financing the United States, and for other purposes; to primary health service providers who estab- and Related Programs Appropriations Act, the Committee on Energy and Commerce. lish practices in health professional shortage 2002, Pub. L. 107-115; jointly to the Commit- By Ms. SHEA-PORTER (for herself and areas; to the Committee on Ways and Means. tees on Foreign Affairs and Appropriations. Mr. HODES): By Ms. KILPATRICK: H.R. 3611. A bill to establish the Bringing H.R. 3620. A bill to provide for a com- f Success to Scale program in the Department prehensive national research effort on the of Education; to the Committee on Edu- REPORTS OF COMMITTEES ON physical and mental health and other read- cation and Labor. justment needs of the members of the Armed PUBLIC BILLS AND RESOLUTIONS By Mr. WELDON of Florida (for him- Forces and veterans who served in Operation Under clause 2 of rule XIII, reports of self, Mr. CANTOR, Mr. PENCE, Mr. Iraqi Freedom and Operation Enduring Free- committees were delivered to the Clerk WAMP, Mr. AKIN, Mr. GINGREY, Mr. dom and their families; to the Committee on WESTMORELAND, Mr. CAMPBELL of Armed Services, and in addition to the Com- for printing and reference to the proper California, Mr. GARRETT of New Jer- calendar, as follows: mittee on Veterans’ Affairs, for a period to sey, Mr. BARRETT of South Carolina, be subsequently determined by the Speaker, Mr. RANGEL: Committee on Ways and Mr. MILLER of Florida, Mr. DAVID in each case for consideration of such provi- Means. H.R. 3540. A bill to amend the Inter- DAVIS of Tennessee, and Mrs. sions as fall within the jurisdiction of the nal Revenue Code of 1986 to extend the fund- MYRICK): committee concerned. ing and expenditure authority of the Airport H.R. 3612. A bill to amend the Immigration By Ms. KILPATRICK: and Airway Trust Fund (Rept. 110–337 Pt. 1). and Nationality Act to provide for no pre- H.R. 3621. A bill to require government Ordered to be printed. emption of certain State and local laws re- agencies carrying out surface transportation garding employment eligibility verification DISCHARGE OF COMMITTEE projects to conduct a cost-benefit analysis requirements; to the Committee on the Judi- before procuring architectural, engineering, Pursuant to clause 2 of rule XII, the ciary. and related services from a private con- Committee on Transportation and In- By Mr. BILBRAY: tractor, and for other purposes; to the Com- frastructure discharged from further H.R. 3613. A bill to amend the Elementary and Secondary Education Act of 1965 to mittee on Transportation and Infrastruc- consideration. H.R. 3540 referred to the ture, and in addition to the Committee on Committee of the Whole House on the make improvements relating to students with disabilities; to the Committee on Edu- Oversight and Government Reform, for a pe- State of the Union, and ordered to be cation and Labor. riod to be subsequently determined by the printed. By Mr. BISHOP of Utah (for himself, Speaker, in each case for consideration of such provisions as fall within the jurisdic- f Mr. CANNON, Mr. YOUNG of Alaska, Mr. SHADEGG, Mr. FRANKS of Arizona, tion of the committee concerned. REPORTED BILLS SEQUENTIALLY Mr. RENZI, Mr. HERGER, Mr. By Mr. MEEK of Florida (for himself, Mr. TIBERI, Ms. BERKLEY, Mr. REFERRED LAMBORN, Mr. CAMPBELL of Cali- ENGLISH of Pennsylvania, Mr. KEL- Under clause 2 of rule XII, bills and fornia, Mr. KING of Iowa, Mr. GAR- RETT of New Jersey, Mr. BARTLETT of LER, Mr. PERLMUTTER, Mr. PORTER, reports were delivered to the Clerk for Maryland, Mr. COLE of Oklahoma, Mrs. JONES of Ohio, Mr. DAVIS of Ala- printing, and bills referred as follows: Mr. HENSARLING, Mr. WILSON of bama, and Mr. HERGER): H.R. 3622. A bill to amend the Internal Rev- Mr. OBERSTAR: Committee on Transpor- South Carolina, Mr. POE, Mr. PITTS, enue Code of 1986 to modify the treatment of tation and Infrastructure. H.R. 2830. A bill to Mrs. BLACKBURN, Mr. FORTUN˜ O, Mr. qualified restaurant property as 15-year authorize appropriations for the Coast Guard GOHMERT, Mr. FEENEY, Mr. BACHUS, property for purposes of the depreciation de- for fiscal year 2008, and for other purposes; Mr. GINGREY, Mr. CULBERSON, Mr. duction; to the Committee on Ways and with an amendment; referred to the Com- WALBERG, and Mr. PEARCE): Means. mittee on Homeland Security for a period H.R. 3614. A bill to authorize Western By Mr. PATRICK MURPHY of Pennsyl- ending not later than October 1, 2007, for con- States to make selections of public land vania (for himself and Mr. sideration of such provisions of the bill and within their borders in lieu of receiving 5 GILCHREST): the amendment as fall within the jurisdic- percent of the proceeds of the sale of public H.R. 3623. A bill to amend the Internal Rev- tion of that committee pursuant to clause land lying within said States as provided by enue Code of 1986 to extend the deduction for 1(i), rule X (Rept. 110–338, Pt. 1). Ordered to their respective enabling Acts; to the Com- contributions of real property made for con- be printed. mittee on Natural Resources. By Mrs. BLACKBURN: servation purposes; to the Committee on f H.R. 3615. A bill to amend subtitle IV of Ways and Means. title 40, United States Code, regarding coun- By Mr. PALLONE: PUBLIC BILLS AND RESOLUTIONS ty additions to the Appalachian region; to H.R. 3624. A bill to establish a comprehen- Under clause 2 of rule XII, public the Committee on Transportation and Infra- sive program to ensure the safety of food bills and resolutions were introduced structure. products intended for human consumption which are regulated by the Food and Drug and severally referred, as follows: By Mrs. EMERSON (for herself, Mr. SARBANES, Mr. SKELTON, Mr. CLAY, Administration; to the Committee on Energy By Mr. BARROW: Mr. GOODLATTE, Mr. CASTLE, Mr. and Commerce. H.R. 3607. A bill to amend the Internal Rev- WHITFIELD, Mr. COSTELLO, Mr. MOL- By Mr. SESTAK (for himself, Mr. enue Code of 1986 to expand the Hope Schol- LOHAN, Ms. NORTON, Mr. SHUSTER, GEORGE MILLER of California, and Mr. arship Credit by increasing the maximum Mr. HILL, Mr. LINCOLN DAVIS of Ten- HINOJOSA): credit, by allowing the credit for 4 years of nessee, and Ms. PRYCE of Ohio): H.R. 3625. A bill to make permanent the postsecondary education, and by allowing H.R. 3616. A bill to authorize the Secretary waiver authority of the Secretary of Edu- the credit for room, board, and certain other of the Interior to conduct a study to deter- cation with respect to student financial as- expenses; to the Committee on Ways and mine the suitability and feasibility of ex- sistance during a war or other military oper- Means. tending the Lewis and Clark National His- ation or national emergency; to the Com- By Mr. BARROW: toric Trail to include additional sites associ- mittee on Education and Labor. H.R. 3608. A bill to amend the Internal Rev- ated with the preparation and return phases By Mr. SHIMKUS: enue Code of 1986 to allow the deduction for of the expedition, and for other purposes; to H.R. 3626. A bill to provide for continued interest on acquisition indebtedness on prin- the Committee on Natural Resources. treatment for the reopening of certain facili- cipal residences to all individuals, whether By Ms. GIFFORDS: ties under the Medicare and Medicaid pro- or not they itemize their other deductions; H.R. 3617. A bill to provide for the ex- grams; to the Committee on Ways and to the Committee on Ways and Means. change of certain Bureau of Land Manage- Means, and in addition to the Committee on

VerDate Aug 31 2005 01:10 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\L20SE7.000 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN H10696 CONGRESSIONAL RECORD — HOUSE September 20, 2007 Energy and Commerce, for a period to be PRIVATE BILLS AND H.R. 1534: Mr. ENGEL. subsequently determined by the Speaker, in RESOLUTIONS H.R. 1540: Mrs. JONES of Ohio. each case for consideration of such provi- H.R. 1553: Mr. KING of New York. sions as fall within the jurisdiction of the Under clause 3 of rule XII, H.R. 1576: Mr. STUPAK, Mr. RAHALL, Mr. committee concerned. Mr. LYNCH introduced A bill (H.R. REYNOLDS, Mr. NADLER, Mr. SERRANO, Mr. By Mr. SPACE (for himself, Mrs. 3632) for the relief of Naaman Ramez WALSH of New York, Mr. ARCURI, Mrs. BOYDA of Kansas, and Mr. ARCURI): Damaa; which was referred to the MALONEY of New York, Mrs. MCCARTHY of H.R. 3627. A bill to promote the deploy- Committee on the Judiciary. New York, and Mr. CROWLEY. ment and adoption of telecommunications H.R. 1609: Ms. SCHAKOWSKY, Mr. OBERSTAR, f services and information technologies, and and Mr. DAVIS of Alabama. for other purposes; to the Committee on En- ADDITIONAL SPONSORS H.R. 1645: Mr. FATTAH. ergy and Commerce. H.R. 1738: Mr. ELLISON. By Mr. SPACE: Under clause 7 of rule XII, sponsors H.R. 1742: Mr. PATRICK MURPHY of Pennsyl- H.R. 3628. A bill to amend the Internal Rev- were added to public bills and resolu- vania. enue Code of 1986 to extend for 4 years the tions as follows: H.R. 1819: Mr. GRIJALVA. H.R. 1823: Mr. PRICE of Georgia and Mr. enhanced charitable deduction for contribu- H.R. 74: Mr. LOEBSACK. ROGERS of Alabama. tions of food inventory; to the Committee on H.R. 241: Mr. LAMBORN. H.R. 1843: Mr. UDALL of Colorado and Ms. Ways and Means. H.R. 281: Mr. ORTIZ. SCHWARTZ. By Mr. SPACE: H.R. 503: Mr. KELLER and Mr. ROTHMAN. H.R. 1845: Mrs. MCCARTHY of New York, Mr. H.R. 3629. A bill to amend the Internal Rev- H.R. 513: Mr. HARE and Mr. BRALEY of BISHOP of New York, Mr. DOYLE, Mr. WALSH enue Code of 1986 to extend for 4 years the Iowa. of New York, Mr. MEEKs of New York, and election to include combat pay as earned in- H.R. 555: Mr. SERRANO. Mrs. LOWEY. come for purposes of the earned income cred- H.R. 601: Mr. HALL of Texas. H.R. 1937: Mr. BARROW, Mr. GORDON, Mr. it and the use of qualified mortgage bonds to H.R. 621: Mrs. LOWEY. SOUDER, and Mr. WAMP. finance residences for veterans without re- H.R. 641: Mr. BOUSTANY. H.R. 1975: Mr. SMITH of New Jersey. gard to first-time homebuyer requirement; H.R. 661: Mr. TERRY. H.R. 2048: Mr. BRALEY of Iowa. to the Committee on Ways and Means. H.R. 676: Mr. SCOTT of Georgia, Ms. RICH- H.R. 2073: Mrs. NAPOLITANO. By Mr. SPACE: ARDSON, Mr. MEEKS of New York, and Ms. LO- H.R. 2074: Mrs. MYRICK. H.R. 3630. A bill to amend the Internal Rev- RETTA SANCHEZ of California. H.R. 2109: Mr. DEAL of Georgia and Mr. enue Code of 1986 to extend certain expiring H.R. 690: Mr. ALTMIRE. GOODE. provisions relating to education; to the Com- H.R. 743: Mr. JONES of North Carolina, Ms. H.R. 2116: Mr. WILSON of South Carolina. mittee on Ways and Means. FOXX, and Mr. GONZALEZ. H.R. 2125: Mr. DELAHUNT. By Mr. YARMUTH (for himself, Mr. H.R. 784: Mr. JOHNSON of Georgia. H.R. 2214: Mr. MEEKS of New York. REGULA, Mr. KENNEDY, Mr. MARKEY, H.R. 855: Mr. KING of New York. H.R. 2233: Ms. BERKLEY and Mrs. and Mr. HONDA): H.R. 879: Mr. ADERHOLT and Mr. KING of NAPOLITANO. H.R. 3631. A bill to authorize the establish- Iowa. H.R. 2405: Mr. SENSENBRENNER. ment of a National Center for Learning H.R. 897: Mr. JEFFERSON and Mrs. CAPPS. H.R. 2549: Mr. FEENEY. Science and Technology Trust Fund; to the EE OGGETT H.R. 900: Ms. L and Mr. D . H.R. 2564: Mr. HUNTER and Mr. ADERHOLT. Committee on Education and Labor. H.R. 946: Mr. YOUNG of Alaska, Mr. GUTIER- H.R. 2566: Mr. TOWNS. By Mr. CONAWAY (for himself, Mr. REZ, Mr. LYNCH, Ms. JACKSON-LEE of Texas, H.R. 2578: Mr. GONZALEZ and Mr. BRADY of Texas, Ms. GRANGER, Mr. and Mr. HONDA. CARNAHAN. MCCAUL of Texas, Mr. NEUGEBAUER, H.R. 1014: Mr. RADANOVICH. H.R. 2580: Mr. WAMP. Mr. PAUL, Mr. CUELLAR, Mr. AL H.R. 1023: Mr. PITTS, Ms. BALDWIN, Mr. H.R. 2597: Mr. BROUN of Georgia. GREEN of Texas, Mr. REYES, Mr. KELLER, Mrs. WILSON of New Mexico, Mr. H.R. 2708: Mr. TIERNEY. RODRIGUEZ, Mr. LAMPSON, Mr. SAXTON, and Mr. SMITH of Texas. H.R. 2711: Mr. PLATTS, Mr. GILCHREST, Mr. CULBERSON, Mr. SMITH of Texas, Mr. H.R. 1076: Mr. MORAN of Kansas. SERRANO, Mr. GONZALEZ, and Mr. ROTHMAN. BURGESS, Mr. ORTIZ, Mr. MARCHANT, H.R. 1078: Mr. GILCHREST and Mr. ALTMIRE. H.R. 2758: Ms. NORTON. OGGETT INOJOSA ES Mr. D , Mr. H , Mr. S - H.R. 1098: Mr. FILNER. H.R. 2768: Ms. SUTTON and Ms. LORETTA SIONS ARTER AM , Mr. C , and Mr. S H.R. 1117: Mr. ELLISON. SANCHEZ of California. JOHNSON of Texas): H.R. 1125: Mr. SMITH of Washington, Mr. H.R. 2769: Ms. SUTTON and Ms. LINDA T. H. Con. Res. 216. Concurrent resolution rec- CHANDLER, Mr. SIMPSON, Mr. KLEIN of Flor- SA´ NCHEZ OF CALIFORNIA. ognizing the wine and winegrape industry of ida, Ms. BORDALLO, Mr. GARY G. MILLER of H.R. 2779: Mr. SARBANES, and Mr. GORDON. Texas for having an economic impact of California, Mr. CARNEY, Mr. ROSS, Mr. H.R. 2826: Mr. HARE, Mrs. MALONEY of New $1,000,000,000 on the economy of Texas; to the LUCAS, and Mr. BROUN of Georgia. York, Mr. SNYDER, Mr. LYNCH, Mr. SCOTT of Committee on Oversight and Government H.R. 1134: Mr. ALTMIRE. Virginia, Mrs. DAVIS of California, Mr. Reform. H.R. 1174: Mr. MARSHALL and Mr. FILNER. MCNULTY, and Ms. SLAUGHTER. By Mr. EMANUEL: H.R. 1192: Mr. MARSHALL. H.R. 2827: Mr. GOODE, Ms. HERSETH H. Res. 667. A resolution electing Members H.R. 1198: Ms. DEGETTE and Ms. ZOE SANDLIN, and Mr. SNYDER. to certain standing committees of the House LOFGREN of California. H.R. 2859: Mr. PATRICK MURPHY of Pennsyl- of Representatives; considered and agreed to. H.R. 1201: Mr. SOUDER. vania. By Mr. CONYERS (for himself, Mr. H.R. 1225: Ms. LEE. H.R. 2860: Mr. ROGERS of Kentucky and Mr. SNYDER, Mr. BERRY, Mr. ROSS, Mr. H.R. 1229: Mr. MCHUGH, Ms. SLAUGHTER, UPTON. SMITH of Texas, Mr. NADLER, Mr. and Mr. HAYES. H.R. 2880: Mr. DUNCAN. SCOTT of Virginia, Mr. SENSEN- H.R. 1236: Mr. MORAN of Virginia, Mr. H.R. 2895: Mr. VAN HOLLEN, Mr. PALLONE, BRENNER, Mr. WEXLER, Mr. ELLISON, SAXTON, Mr. BRALEY of Iowa, Mr. YOUNG of Mr. UPTON, Mr. WALZ of Minnesota, Mr. KEN- Ms. BALDWIN, Mr. LEWIS of Georgia, Alaska, Ms. HERSETH SANDLIN, and Mr. GOR- NEDY, Mr. OBERSTAR, Mr. SIRES, Mr. LEWIS of Mr. THOMPSON of Mississippi, Mr. DON. Georgia, Ms. LORETTA SANCHEZ of California, MCDERMOTT, Mrs. JONES of Ohio, Mr. H.R. 1275: Ms. HARMAN. Mr. LINCOLN DAVIS of Tennessee, Mr. NEAL of DAVIS of Illinois, Mr. FARR, Mrs. H.R. 1279: Mrs. CAPITO, Ms. BERKLEY, Mr. Massachusetts, Mr. GUTIERREZ, and Mr. MALONEY of New York, Mr. CLAY, Mr. STUPAK, Mr. CONAWAY, Mr. DUNCAN, Mr. STARK. MEEKS of New York, Mr. JEFFERSON, GUTIERREZ, and Mr. WOLF. H.R. 2915: Mrs. CAPPS. Mr. FATTAH, Mr. GRIJALVA, Ms. LEE, H.R. 1280: Mr. GUTIERREZ. H.R. 2927: Mr. EVERETT. Ms. CARSON, Mr. JACKSON of Illinois, H.R. 1283: Mrs. BONO. H.R. 2928: Mr. MILLER of North Carolina Ms. WATSON, Mr. VAN HOLLEN, Ms. H.R. 1304: Mr. BOSWELL. and Mr. MEEKS of New York. SUTTON, and Mrs. BOYDA of Kansas): H.R. 1306: Mr. PENCE. H.R. 2930: Mr. LYNCH. H. Res. 668. A resolution recognizing the H.R. 1314: Mr. GOODLATTE. H.R. 2933: Mr. CHANDLER and Mr. BACHUS. 50th anniversary of the September 25, 1957, H.R. 1386: Mrs. NAPOLITANO, Mr. KENNEDY, H.R. 2994: Mr. BOUCHER and Mr. STUPAK. desegregation of Little Rock Central High and Mr. REICHERT. H.R. 3026: Mr. MCKEON. School by the Little Rock Nine; to the Com- H.R. 1415: Ms. SLAUGHTER. H.R. 3029: Mr. FILNER. mittee on the Judiciary. H.R. 1416: Ms. SLAUGHTER. H.R. 3042: Mr. ROTHMAN. By Mr. KLEIN of Florida (for himself, H.R. 1419: Mr. HAYES. H.R. 3051: Mr. BRALEY of Iowa and Mr. FIL- Mr. REGULA, Mr. DINGELL, Mr. STARK, H.R. 1459: Mr. HASTINGS of Florida, Mr. NER. and Mrs. JONES of Ohio): DOYLE, and Mr. FRELINGHUYSEN. H.R. 3081: Mr. GUTIERREZ. H. Res. 669. A resolution recognizing and H.R. 1474: Mr. SHAYS, Ms. LEE, and Mr. H.R. 3085: Ms. WATSON and Mr. ELLISON. honoring the lifetime accomplishments of BARRETT of South Carolina. H.R. 3140: Mr. ROGERS of Kentucky, Mr. former Congressman Charles Vanik; to the H.R. 1509: Mr. EMANUEL. SPRATT, Mr. GERLACH, Mr. EDWARDS, Mr. Committee on House Administration. H.R. 1524: Mr. MANZULLO. HINOJOSA, Mr. TAYLOR, Ms. ROS-LEHTINEN,

VerDate Aug 31 2005 01:10 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\L20SE7.100 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN September 20, 2007 CONGRESSIONAL RECORD — HOUSE H10697 Mr. WICKER, Mr. CONYERS, Mr. BISHOP of WHITFIELD, Mr. SOUDER, Mr. GERLACH, Mr. DISCHARGE PETITIONS Georgia, Mr. CHANDLER, Mr. SIRES, and Mr. DENT, Mr. SMITH of Nebraska, Mr. SHIMKUS, GILCHREST. Mr. ROSKAM, Mr. PICKERING, Mr. SHUSTER, Under clause 2 of rule XV, the fol- H.R. 3153: Mrs. MUSGRAVE. Mr. BOOZMAN, Mr. DUNCAN, and Mr. INGLIS of lowing discharge petition was filed: H.R. 3189: Mrs. CAPPS. South Carolina. Petition 2, September 20, 2007, by Mr. H.R. 3224: Mr. HINCHEY and Mr. FILNER. H. Res. 525: Ms. SCHAKOWSKY. JOHN A. BOEHNER on House Resolution 559, H.R. 3256: Mrs. BOYDA of Kansas. H. Res. 590: Ms. MCCOLLUM of Minnesota was signed by the following Members: John H.R. 3257: Mr. JOHNSON of Illinois. and Mr. KENNEDY. A. Boehner, John R. ‘‘Randy’’ Kuhl, Jr., H.R. 3282: Mr. TIERNEY and Mr. MARSHALL. Adam H. Putnam, Lincoln Diaz-Balart, Jerry H.R. 3327: Mr. DEFAZIO, Ms. DELAURO, Mr. H. Res. 605: Mr. EHLERS, Mr. PUTNAM, Mr. Weller, Kevin Brady, Marsha Blackburn, Sue INGLIS of South Carolina, Mr. DELAHUNT, Mr. PITTS, Mr. GOHMERT, Mr. BAKER, Mr. PLATTS, Wilkins Myrick, Roy Blunt, Tom Price, John SERRANO, Mr. MCNULTY, and Mr. FARR. Mr. PRICE of Georgia, Mr. DAVID DAVIS of T. Doolittle, Dave Camp, Greg Walden, H.R. 3333: Ms. ROS-LEHTINEN and Mr. SCOTT Tennessee, Mr. TIBERI, Mr. LAMPSON, Mr. of Georgia. KILDEE, Mr. WAMP, Mrs. MCMORRIS RODGERS, Ander Crenshaw, Kevin McCarthy, Joe Wil- son, Todd Russell Platts, Jeff Fortenberry, H.R. 3363: Mr. LEWIS of Kentucky. Mr. FRANKS of Arizona, Mr. FORTENBERRY, Eric Cantor, Terry Everett, Bob Goodlatte, H.R. 3385: Ms. LEE, Mr. HASTINGS of Flor- Mr. COLE of Oklahoma, Mr. LATHAM, Mr. John Kline, Dennis R. Rehberg, Rodney Al- ida, Mr. LEWIS of Georgia, and Ms. NORTON. SALI, Mr. PENCE, Mr. WELLER, Mr. WALSH of H.R. 3391: Mr. PAYNE and Mr. PETERSON of New York, Mrs. BOYDA of Kansas, Mr. SMITH exander, Paul C. Broun, David Davis, Sam Minnesota. of New Jersey, Mr. SENSENBRENNER, Mr. ROG- Graves, Jim Jordan, Ray LaHood, Howard P. H.R. 3409: Mr. ABERCROMBIE and Ms. ERS of Michigan, Mr. PETERSON of Min- ‘‘Buck’’ McKeon, Steve Chabot, Ginny SCHAKOWSKY. nesota, Mr. DREIER, and Mr. CAMP of Michi- Brown-Waite, Jeff Miller, Todd W. Akin, Doc H.R. 3427: Mr. PALLONE. gan. Hastings, Lynn A. Westmoreland, Patrick J. Tiberi, Michael T. McCaul, Mario Diaz- H.R. 3457: Mr. LEWIS of Kentucky, Mr. H. Res. 620: Mr. VAN HOLLEN, Mr. CROWLEY, Balart, Jo Bonner, Thomas E. Petri, Cliff SHAYS, and Mr. PENCE. and Mr. BROWN of South Carolina. H.R. 3471: Mr. MCCOTTER. Stearns, Patrick T. McHenry, Randy H. Res. 624: Mrs. JO ANN DAVIS of Virginia, Neugebauer, John Linder, Zach Wamp, Gary H.R. 3481: Mr. HARE, Ms. MOORE of Wis- Mr. WEINER, Mrs. BLACKBURN, Ms. BERKLEY, consin, Mr. SCOTT of Virginia, Mr. DAVIS of G. Miller, Elton Gallegly, Ken Calvert, Mr. CLAY, Mr. WAXMAN, Mr. HOLT, Mr. Marilyn N. Musgrave, Kay Granger, John Illinois, Mr. STARK, and Mr. ELLISON. ˜ HONDA, Ms. LINDA T. SANCHEZ of California, Campbell, Thaddeus G. McCotter, Pete Ses- H.R. 3495: Mr. MCDERMOTT, Mrs. Mr. ROTHMAN, Mr. MCNULTY, Mr. BERMAN, NAPOLITANO, and Mr. STARK. sions, John R. Carter, Louie Gohmert, Ric Mr. KLEIN of Florida, and Mr. BURTON of In- Keller, Charles W. Dent, Peter J. Roskam, H.R. 3543: Mr. BRADY of Pennsylvania, Mr. diana. AL GREEN of Texas, and Ms. NORTON. Stevan Pearce, David G. Reichert, Phil H. Res. 627: Mr. SARBANES and Mr. CROW- H.R. 3550: Mr. SHIMKUS. Gingrey, Jim McCrery, Peter T. King, Steve LEY. H.R. 3551: Mr. KUCINICH, Ms. NORTON, and King, Mike Ferguson, Thelma D. Drake, K. Mr. CLAY. H. Res. 634: Mr. KILDEE, Mr. KIND, Mr. Michael Conaway, Dave Weldon, Charles W. H.R. 3566: Mr. PETERSON of Pennsylvania LEWIS of Kentucky, and Mr. GERLACH. Boustany, Jr., Doug Lamborn, Jeb and Mr. GERLACH. H. Res. 635: Ms. WATSON, Mr. CROWLEY, Ms. Hensarling, Judy Biggert, John B. Shadegg, H.R. 3584: Mr. TIAHRT, Mr. GOODLATTE, Mr. WOOLSEY, and Mr. LEWIS of Georgia. Tim Murphy, Phil English, Gus M. Bilirakis, Bill Sali, Nathan Deal, Tim Walberg, J. FEENEY, and Mrs. BIGGERT. H. Res. 640: Mr. TAYLOR, Mr. HARE, and Mr. Randy Forbes, Ted Poe, Geoff Davis, Bob H.J. Res. 9: Mr. MCCOTTER and Mr. BACHUS. MARSHALL. H.J. Res. 28: Mr. MCGOVERN and Mr. SCOTT Inglis, Thomas M. Reynolds, Tom Latham, H. Res. 641: Mr. WICKER. of Virginia. Frank D. Lucas, Scott Garrett, Jean OUDER H.J. Res. 45: Mr. GORDON. H. Res. 644: Mr. S . Schmidt, Rodney P. Frelinghuysen, Donald H. Con. Res. 176: Mr. KINGSTON. H. Res. 654: Mr. BUTTERFIELD, Ms. SOLIS, A. Manzullo, Joseph R. Pitts, Michele H. Con. Res. 185: Mr. SPACE, Mr. HARE, Mrs. Mr. KUCINICH, Mr. PALLONE, Mr. CAPUANO, Bachmann, James T. Walsh, Adrian Smith, BOYDA of Kansas, Mr. SALAZAR, Mr. ELLS- Mr. REYES, Mr. FARR, Mr. CARDOZA, Mr. Robin Hayes, Virginia Foxx, David Dreier, WORTH, Mr. COURTNEY, and Ms. CASTOR. MCNULTY, Mr. BOUCHER, Mr. BACA, Mrs. Candice S. Miller, George Radanovich, Mi- H. Con. Res. 200: Mr. SMITH of New Jersey. NAPOLITANO, Mr. ORTIZ, Mr. GRIJALVA, Mr. chael R. Turner, Harold Rogers, Sam John- H. Con. Res. 210: Mr. CAPUANO, Mr. GER- GONZALEZ, Mr. SIRES, Mr. BISHOP of Georgia, son, Jon C. Porter, Thomas G. Tancredo, Jeff LACH, Mr. MCGOVERN, and Ms. DELAURO. Mr. CUELLAR, Mr. BECERRA, Mr. ROSS, Mr. Flake, Dan Burton, John Abney Culberson, H. Res. 32: Ms. SUTTON. ENGEL, Ms. BALDWIN, Mr. DAVIS of Illinois, Rob Bishop, Daniel E. Lungren, Jim Gerlach, H. Res. 68: Ms. EDDIE BERNICE JOHNSON of Ms. GIFFORDS, Mr. PAYNE, Ms. CORRINE Henry E. Brown, Jr., Tom Feeney, Steve Texas. BROWN of Florida, Ms. EDDIE BERNICE JOHN- Buyer, Jim Saxton, Frank A. LoBiondo, H. Res. 111: Mr. HONDA. SON of Texas, Ms. DELAURO, Mr. CLAY, Mr. Christopher Shays, John Boozman, Bill Shu- H. Res. 128: Mr. HOLT. STUPAK, Mr. WATT, Mr. OLVER, Mr. KILDEE, ster, John Shimkus, Mike Rogers, Darrell E. H. Res. 185: Mr. WEXLER. Mr. HASTINGS of Florida, Ms. SLAUGHTER, Issa, Ileana Ros-Lehtinen, Cathy McMorris H. Res. 251: Mr. GORDON. Mr. HINCHEY, Mr. BERRY, Mr. THOMPSON of Rodgers, F. James Sensenbrenner, Jr., H. Res. 335: Mr. BERMAN. California, Mr. LINCOLN DAVIS of Tennessee, Lamar Smith, John J. Duncan, Jr., Tom H. Res. 405: Mr. SIRES and Mr. CROWLEY. Ms. HIRONO, Mrs. CAPPS, Mr. DOYLE, Mr. ED- Davis, Brian P. Bilbray, Ron Paul, Mac H. Res. 433: Mr. BRALEY of Iowa. WARDS, Mr. SPRATT, Mr. MOLLOHAN, Mr. Thornberry, Fred Upton, Michael N. Castle, H. Res. 472: Ms. JACKSON-LEE of Texas, Mr. GENE GREEN of Texas, Mr. HONDA, Mr. Charles W. ‘‘Chip’’ Pickering, Vernon J. CALVERT, Mr. SHAYS, Mr. SAM JOHNSON of HINOJOSA, Mr. THOMPSON of Mississippi, Mr. Ehlers, Peter Hoekstra, Michael C. Burgess, Texas, Mr. KNOLLENBERG, Mr. HOBSON, Mr. WU, Mr. LAMPSON, Mr. ETHERIDGE, and Mr. Vito Fossella, Tom Cole, Wally Herger, TIBERI, Mr. HERGER, Mr. MOLLOHAN, Mr. BERMAN. Frank R. Wolf, Mark E. Souder,

VerDate Aug 31 2005 01:10 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.073 H20SEPT1 cnoel on PRODPC60 with HOUSE_CN E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, FIRST SESSION

Vol. 153 WASHINGTON, THURSDAY, SEPTEMBER 20, 2007 No. 140 Senate The Senate met at 9:30 a.m. and was The legislative clerk read the fol- Mr. REID. I object to any further called to order by the Honorable MARK lowing letter: proceedings with respect to this bill. PRYOR, a Senator from the State of Ar- U.S. SENATE, The ACTING PRESIDENT pro tem- kansas. PRESIDENT PRO TEMPORE, pore. Objection is heard. The bill will The PRESIDING OFFICER. Today’s Washington, DC, September 20, 2007. be placed on the calendar. To the Senate: opening prayer will be offered by the f guest Chaplain, Rev. Angel L. Berrios Under the provisions of rule I, paragraph 3, from Severn, MD. of the Standing Rules of the Senate, I hereby RESERVATION OF LEADER TIME appoint the Honorable MARK PRYOR, a Sen- ator from the State of Arkansas, to perform The ACTING PRESIDENT pro tem- PRAYER the duties of the Chair. pore. Under the previous order, the The guest Chaplain offered the fol- ROBERT C. BYRD, leadership time is reserved. lowing prayer: President pro tempore. f Let us pray. Mr. PRYOR thereupon assumed the MORNING BUSINESS Father in Heaven, we take time to chair as Acting President pro tempore. acknowledge Your presence here with The ACTING PRESIDENT pro tem- f us right now. We humbly come to You pore. Under the previous order, there in prayer, believing that You alone are RECOGNITION OF THE MAJORITY will be a period for the transaction of the one and only true God, sovereign, LEADER morning business until 10:30, with Sen- ators permitted to speak therein for up and almighty. Forgive us our short- The ACTING PRESIDENT pro tem- to 10 minutes each, with the time comings and disobediences, and honor pore. The majority leader is recog- equally controlled and divided by the our faith and sincere efforts to serve nized. You. two sides, with the majority control- We pray for each Senator that the f ling the first 30 minutes and the Re- Holy Spirit would give them wisdom SCHEDULE publicans controlling the final 30 min- and guidance to make right decisions utes. Mr. REID. Mr. President, this morn- for every issue that is presented in this Mr. CARDIN. Mr. President, I suggest ing, following any time Senator session. the absence of a quorum. MCCONNELL and I may use, the Senate Father, we affirm that our Nation be- The ACTING PRESIDENT pro tem- will conduct a period of morning busi- longs to You; therefore, we as a people pore. The clerk will call the roll. ness until 10:30. We need to start at also yield ourselves to You, to Your The legislative clerk proceeded to that time. There is so much left on the will, so that we can bring glory and call the roll. Defense authorization bill. The time in honor to Your kingdom. Thank You for Mrs. LINCOLN. Mr. President, I ask morning business is equally divided Your daily mercies and grace upon unanimous consent that the order for and controlled between the two sides; each of us. the quorum call be rescinded. the majority will control the first por- In Jesus’ Name we pray. Amen. The ACTING PRESIDENT pro tem- tion. Following that, the Senate will pore. Without objection, it is so or- f resume consideration of the Depart- dered. ment of Defense authorization bill with PLEDGE OF ALLEGIANCE f debate continuing on the Cornyn The Honorable MARK PRYOR led the amendment. FIFTIETH ANNIVERSARY OF THE Pledge of Allegiance, as follows: DESEGREGATION OF LITTLE f I pledge allegiance to the Flag of the ROCK CENTRAL HIGH SCHOOL United States of America, and to the Repub- MEASURE PLACED ON THE lic for which it stands, one nation under God, Mrs. LINCOLN. Mr. President, Sep- indivisible, with liberty and justice for all. CALENDAR—S. 2070 tember 25, 2007, marks the 50th anni- f Mr. REID. It is my understanding versary of one of the most important that S. 2070 is at the desk and due for days in our country’s history and cer- APPOINTMENT OF ACTING its second reading. tainly one of the most important days PRESIDENT PRO TEMPORE The ACTING PRESIDENT pro tem- in the history of our State of Arkansas. The PRESIDING OFFICER. The pore. The clerk will report. On that day in 1957, Minnijean Brown, clerk will please read a communication The legislative clerk read as follows: Elizabeth Eckford, Ernest Green, Thel- to the Senate from the President pro A bill (S. 2070) to prevent Government ma Mothershed, Melba Pattillo, Gloria tempore (Mr. BYRD). shutdowns. Ray, Terrence Roberts, Jefferson

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

S11775

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VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11776 CONGRESSIONAL RECORD — SENATE September 20, 2007 Thomas, and Carlotta Walls changed prior to the famous standoff of 1957; Central High, to introduce a resolution the world when they entered the doors often these others receive little atten- which recognizes the 50th anniversary to Little Rock Central High School and tion. Shortly after the Brown v. Board of the school desegregation. It passed desegregated the Little Rock school of Education decision in 1954, the com- the Senate earlier this month. I wish district. munities of Charleston, Fayetteville, to thank all my colleagues for their Known collectively as the Little and Hoxie desegregated their schools to support in that effort. Rock Nine, these brave young men and comply with the ruling of the Supreme We all know there is still much to be women faced down a jeering crowd, the Court. done, still much that can be done in Arkansas National Guard, and even Former U.S. Senator Dale Bumpers, our country to ensure the goals of the their own Governor to take a prin- a Charleston native and the attorney Little Rock Nine are achieved and that cipled stand and march toward greater for the Charleston School Board in equal rights are available for each and equality for all in our Nation and in 1954, was very involved in his commu- every individual in this great Nation. my home State of Arkansas. nity’s decision. We have come very far in the last 50 As the mother of growing children In a recent newspaper interview, he years. As we move forward, we should right now, thinking of what those stu- recounted that the members of the let the lessons of the past provide a dents must have felt at that time to Charleston School Board made up their measure of our progress and the inspi- have taken such a stand, to stand be- mind that the Supreme Court decision ration to build on our achievements for fore their peers who were jeering and meant what it said and Charleston all our fellow Americans. yelling at them, to stand up to author- could save itself a lot of trouble by I yield the floor and suggest the ab- ity as they did, must have been incred- going ahead and integrating imme- sence of a quorum. ible. diately instead of fighting it, fighting The ACTING PRESIDENT pro tem- Next week in Little Rock, we will it out, essentially knowing it would be pore. The clerk will call the roll. commemorate the heroic sacrifice a lost cause. The legislative clerk proceeded to these students made to blaze a trail so Dale Bumpers continued to push for call the roll. that future generations could benefit. change, later as a lawyer, our Governor Mr. PRYOR. Madam President, I ask In doing so, it is also appropriate to in Arkansas, and our U.S. Senator in unanimous consent that the order for recognize those in the community who Arkansas. In 1988, he authored the leg- the quorum call be rescinded. uplifted these individuals and gave islation that established the Little The PRESIDING OFFICER (Mrs. LIN- them the strength they needed. Rock Central High School National COLN.) Without objection, it is so or- Arkansas Daisy and L.C. Bates, Chris Historic Site which is administered by dered. Mercer, Wiley Branton, and future Su- the National Park Service, the Little Mr. PRYOR. Madam President, the preme Court Justice Thurgood Mar- Rock School District and the City of names Ernest Green, Elizabeth shall either gave these children daily Little Rock and other entities. Eckford, Gloria Ray Karlmark, He was also responsible for the legis- guidance or fought for them in the Carlotta Walls LaNier, Minnijean lation that awarded the Little Rock court system to ensure they could have Brown Trickey, Terrence Roberts, Jef- Nine with the Congressional Gold access to a quality education that was ferson Thomas, Thelma Mothershed Medal, our Nation’s highest civilian their right as a citizen of this country. Wair, Melba Pattillo Beals are part of honor. Monday, I and my colleagues We all think about the images and Arkansas history and part of America’s will be in Little Rock to dedicate the certainly the impression we leave on history. new visitors center and the museum at children today. We think about these When I talked to the so-called Little that site. The new center will feature individuals who made such an impact Rock Nine about the fact that we were exhibits on the Little Rock Nine and in the support they gave these children able to secure funding for the visitors the road to desegregation. as they took this very important step. As a young child myself who experi- center, Minnijean Brown Trickey said We must also not forget the enormous enced firsthand the integration of it was an affirmation of a very beau- role the parents of the Little Rock schools in my hometown of Helana, tiful and tragic story. Nine played to ignore threats and in- AR, I cannot imagine the fear and anx- I think she captured it. The story of timidation that came their way. iety those students must have felt in Little Rock Central High School in 1957 Again, as a parent and thinking of that tumultuous environment in 1957. is a story of courage, of hardship, of the preparation that goes into encour- I feel fortunate that my community justice, faith, tradition, power, oppor- aging your children to take new steps embraced the process of integration tunity, and leadership. I think that is and to stand up for what is right is and that my parents, in particular, why the story is so powerful, because it tough because you know what your were engaged and kept me in the local connects so many of those things all in children will come up against. Those school district when so many of my one event or one series of events. parents had to have had mixed emo- friends were being moved to private It has all of those elements, but there tions to send their children out there schools. is also more to the story. The ‘‘more to and wonder what kind of harm or what My husband Steve, who is a graduate the story’’ part is what I wanted to kind of crushing blow would come to of Little Rock Central High School, talk about today. We are here to talk their self-esteem or to their con- and I are both better people for learn- about the events in 1957, to talk about fidence. ing in integrated schools and experi- the very painful but ultimately suc- Yet they supported it in every way encing the diversity and what it pro- cessful integration of a large public known, making sure their clothes vides us. high school in a Southern city. looked perfect or making sure their I appreciate the lifelong lessons I I need to thank my colleagues, Sen- bodies and their souls were strong. learned in my early years. It is because ator LINCOLN from Arkansas; my col- What incredible parents they were. of the Little Rock Nine that it was pos- league in the House, Congressman VIC What happened in Little Rock 50 sible. Their decision to move this Na- SNYDER; and also a colleague who is no years ago is not only a testament to tion forward makes me proud to be an longer with us in the Senate, Conrad those students, but it is also a testa- Arkansan. It makes me proud to be an Burns, because we all worked together ment to those who supported them. It American. to get the money for the Little Rock is a testament to the people of Little In closing, I wish to specifically Central High Visitors Center, which Rock of all backgrounds who decided thank my colleagues from the Arkan- will open this coming Monday. they would confront their own con- sas delegation, especially the Presiding But that is not all who worked in science, and it is a testament to those Officer, my colleague, Senator MARK this effort. The National Park Service, who, upon reflecting upon the matter, PRYOR, and Congressman VIC SNYDER. I the city of Little Rock, the 50th Anni- decided that doing what is right was have been so proud to work with both versary Commemoration Committee, worth the cost. of them to secure the funding for the the Little Rock Nine Foundation, and I also wish to recognize other com- new visitors center. countless others worked to have this munities in Arkansas that led the way In addition, I joined with Senator special grand opening Monday; to have for integration in the Deep South, even PRYOR, who also attended Little Rock a visitors center, for a place that has a

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11777 place in our Nation’s history on the what they did. But it is more than any other school in the state (19 in 2006–07 civil rights struggle that has gone on them. alone), claims a large percentage of the in this country. We had a Southern city that, by most state’s National Achievement Semifinalists Also, I wish to say that Congressman standards, was considered to be a mod- (approximately 20% of Arkansas’ total be- tween 1994 and 2004) and has produced 15 VIC SNYDER was able to get a com- erate Southern city when it came to Presidential Scholars since the program’s in- memorative coin for Little Rock Cen- race. The Little Rock School Board ception in 1964. tral and the Little Rock Nine. I cer- took the 1954 Brown v. Board of Edu- Part of the story of Little Rock Cen- tainly helped him do that, along with cation decision literally, and they be- tral must include what has happened Senator LINCOLN. We all worked hard lieved they needed to integrate the Lit- since September 25, 1957. Part of the on that, but Congressman SNYDER took tle Rock School System with all delib- story of Little Rock Central is a story the lead role. erate speed, as the Supreme Court said. about rebuilding, about integrating, This Friday night at Little Rock The quickest they could figure out to about coming back, and about success. Central High School in Quigley Sta- do it was in the fall of 1957. Of course, I was very honored to have an oppor- dium, the Little Rock Central High Ti- when that happened, they entered into tunity to go to Little Rock Central gers will play the Pine Bluff Zebras. this vortex of emotions, this vortex High School, as did the husband of the Once again, we find Little Rock Cen- where you see a nation being torn senior Senator from the State of Ar- tral is ranked in the top 10 in the Ar- apart by race and by many policies, not kansas. It has produced many strong kansas top 10 football rankings. But just in the South. We talk about the leaders in the State. One of those was that stadium played a role in the Cen- South, but certainly there is racism all a dear friend of mine, Roosevelt tral High crisis. It is a role that is over this country, and this country was Thompson, who passed away tragically often forgotten because we focus on the in a struggle for civil rights. when he was in college. But the story Little Rock Nine, and certainly we In fact, it goes back to the founding of Little Rock Central is a story that should. documents of our democracy and our touches all of us. It is a very important We focus on the turbulence in trying Declaration of Independence. It says all part of our State’s history and our na- to integrate the school, and certainly men are created equal. That is what tional history. we should. But also there were many the desegregation, the integration We are honored that all nine of the other happenings at Little Rock Cen- movement was about in this country: Little Rock Nine are still living today tral that year. One of them was Little Are all men created equal or are there and will be in Little Rock this week to Rock Central High School just so hap- going to be two sets of everything for commemorate some very difficult but pened to have what Sports Illustrated people in this country? very important events for this country. and other sports magazines and publi- The Supreme Court did what it did. I suggest the absence of a quorum. cations have called one of the alltime The local school board did what it did. The PRESIDING OFFICER. The greatest high school football teams. The Governor in our State, to his ever- clerk will call the roll. That week Central High won its 23rd lasting shame, did not support what The legislative clerk proceeded to game in a row, against a team from the school board did and actually ener- call the roll. Louisiana. The week before they beat a gized people to oppose what the school Mr. COBURN. I ask unanimous con- team from Texas. That same week, board had done. The President had to sent that the order for the quorum call when the 101st Airborne showed up to call in the 101st Airborne to try to stop be rescinded. restore order and keep the peace what was going on at Little Rock Cen- The ACTING PRESIDENT pro tem- around the campus of Little Rock High tral. Here is a photo of the famous Lit- pore. Without objection, it is so or- School, the 101st Airborne set up their tle Rock Nine. They are going to be dered. equipment on the Tigers’ practice field. honored all week in Little Rock. Well, that was a huge no-no in the Again, they showed tremendous cour- f mind of Coach Wilson Matthews. He age as they went through this process. DEBT LIMIT went out there and he barked orders to Here we see a photo of Little Rock Cen- the 101st Airborne like they were his tral High with the 101st Airborne es- Mr. COBURN. Mr. President, I want own football team. They hopped to and corting students into the building. It is to spend a few minutes talking about they got off the practice field. That hard to imagine today; we have made something that will come up in the Friday night, when the stands were full such progress. I will be the first to say next week or 10 days. That is an exten- and the Tigers took the field, they we are not there yet when it comes to sion and expansion of the debt limit. looked up and there was the 101st Air- race, but we have made so much An attempt will be made to do this by borne cheering for the Central High progress. unanimous consent. That is wrong. School Tigers. Little Rock Central High School was Every Member of the Senate ought to That story is captured in a great a turning point. It didn’t mean the be on record on whether we ought to story in Sports Illustrated from this struggle was over. In a lot of ways, it expand again the amount of borrowing past year’s April 9 publication. It cap- meant the struggle was beginning. But we are going to place on the backs of tures the humanity and the impact we have made a lot of progress. We our children and grandchildren. The that crisis had on people, not just that have a lot to be proud of. Not every- current statutory debt limit is $8.965 day or that year but for a lifetime. thing that happened in 1957 is some- trillion. It was last raised March 20, The Little Rock Central High School thing Arkansas is proud of. But none- 2006. This Senator voted against that. story is complicated in some ways. It is theless, it was a huge turning point in We have been on notice since that time about the best and the worst in Amer- making this country better. that we needed to make the effort to ican history. In some ways, it is about I close talking about Little Rock rein in wasteful Washington spending a city that is struggling to try, in post- Central High School today. Here is a so that we do not have to, in fact, bor- war America, to work through many photo of it today. The school looks row more money against our children’s racial issues. It is a story that is not identical to the way it looked in 1957. future. Only 10 years ago it was $5.95 always successful. It is not always The architects of this country have billion. We have increased the debt in easy. But it is a story that in the end called it one of the most beautiful high the last 10 years by 50 percent. is a great story and is one that needs to schools in America. It is now also one What does that mean? Individually, be told. of the most successful high schools in that means $30,000 for every man, Let me talk for a couple more min- America. woman, and child. But the important utes about the events of that day and I pulled something off a history Web aspect is not just what we owe now but why Little Rock Central is so impor- site. It says: what the unfunded liabilities are for tant to the history of this country. the future which are in excess of $70 Central offers students an international First, we focus on the Little Rock studies magnet program and an extensive trillion. What does that mean if you Nine, and understandably these nine curriculum including more than 30 Advanced are born today? That means if you are young black children had to pay a huge Placement . . . courses. Central consistently born today, you will be inheriting at price; it took a lot of courage to do has more National Merit Semifinalists than the moment of your birth liabilities of

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11778 CONGRESSIONAL RECORD — SENATE September 20, 2007 over $400,000. How in the world can our Mr. VITTER. Mr. President, I will Senate phone system on the morning of children have an education, a great job, speak in morning business for up to 10 that pivotal vote which defeated that own a home, and give their children minutes. so-called comprehensive immigration the things we have benefited from by The ACTING PRESIDENT pro tem- bill proposed by Senator KENNEDY and being born owing $400,000? pore. The Senator is recognized. Senator DURBIN, the author of this It is time for things to come to a stop f DREAM Act amendment, and others. What is so frustrating to me is that or to markedly change. This last week DREAM ACT AMENDMENT the Senate once again failed to make very loud, very clear message seems to tough decisions about priorities. We Mr. VITTER. Mr. President, I rise have fallen on deaf ears in terms of chose to fund pork projects instead of today to strongly oppose the Durbin some Members of this body. Unfortu- repairing bridges. We said peace gar- amendment to the Defense appropria- nately, this DREAM Act amendment is dens, bike paths, and baseball stadiums tions bill. That amendment would pass proof of that. Again, it is, clearly be- the so-called DREAM Act into law. are more important than critical infra- yond argument, another version of am- In standing up in opposition, let me structure. Yesterday a new poll was re- nesty. It would provide a pathway to suggest this should not be called the citizenship for a significant class of leased. Rightly so, it reflected less DREAM Act. It should be called the than 11 percent of Americans have con- people, folks who came into this coun- ‘‘Amnesty Reality Act’’ because this is try illegally as minors. We do not know fidence in this body. It is no wonder. yet another attempt, another version how many people that would be, and we Our priorities are wrong. of amnesty for a significant number of have very little way of enforcing even Congress for years has raided the So- illegal aliens. cial Security and Medicare trust funds Let me say at the outset I am not the provisions of this amendment to to hide the true size of the annual standing here to criticize or to lam- keep it to the folks to whom it is sup- budget deficit. This practice has under- baste the individuals involved, un- posed to be targeted. What do I mean by that? Well, the mined the solvency of the programs doubtedly, who came to this country folks are supposed to have come into and threatens both the retirement se- with their parents to try to find a bet- this country in the last 5 years. Yet at curity of today’s workers and the eco- ter life because of very difficult condi- the same time the amendment says it nomic opportunities and future of our tions in Mexico or otherwise. children and grandchildren. It is irre- The point of my opposition is not di- can apply to people up to age 30. What sponsible to simply raise the debt limit rected at them. It is directed at what is sort of proof do these folks have to while at the same time creating or ex- very bad and destructive policy in offer with regard to when they came panding Federal programs that will re- terms of U.S. immigration policy, re- into this country? There is no proof re- sult in additional borrowing from So- peating the mistakes of the past, mak- quirement. It could simply be an af- cial Security trust funds and not ac- ing a very real problem worse and not firmative statement by themselves, no cepting the responsibility to make better through a significant amnesty other required proof. So this is open hard choices about what are our prior- program. ended, this is unenforceable, and it is a ities. Congress has repeatedly dem- Why is this an amnesty? Well, purely significant amnesty. onstrated that it is unwilling to and simply, this so-called DREAM Act, In addition, as I mentioned a few prioritize spending. This year multiple which I think should be called the minutes ago, it provides substantial times the Senate has rejected amend- ‘‘Amnesty Reality Act,’’ embodied in benefits to these folks illegally in our ments to cut spending while author- this Durbin amendment to the Defense country, benefits that the huge major- izing billions and billions of dollars in appropriations bill would provide a ity of American citizens do not enjoy. new spending. The Senate this year pathway to citizenship to who knows What is that? Well, the biggest is twice has rejected amendments stating how many folks who entered this coun- instate college tuition that would come that Congress has a moral obligation try, and remain in this country, ille- to folks who sign up for the DREAM to offset the cost of new Government gally. Specifically, it targets folks who Act. As soon as they sign up, they spending by getting rid of the waste, came into this country illegally as mi- would be treated as instate residents of fraud, abuse, and duplication in cur- nors, presumably with their families, that State. They would get instate tui- rent Federal programs. with their parents. It also gives them tion, and—guess what—all other U.S. American families don’t have the benefits in this country that most U.S. citizens, the children of all other U.S. luxury Congress has. They can’t get a citizens do not enjoy, specifically, citizens outside that particular State new loan or new credit cards after they instate college tuition that U.S. citi- who would love the benefit of instate have maxed out their capability to bor- zens outside that State do not enjoy. tuition would not enjoy that same ben- row. Yet instead, every day in this This is very frustrating to me. Just a efit. That does not match the common- body we do essentially that. few months ago, we had a major debate on the floor of this body about immi- sense test that the American people The moral question is, why should we gration policy. A large so-called com- want us to use. It certainly has nothing be proud of stealing from our children? prehensive immigration bill was on the to do with the message the American There isn’t a greater moral question floor of the Senate. It received a lot of people sent to us loudly and clearly before this country today than whether attention and a lot of focus. That was during the debate on the so-called com- we are going to steal opportunity and a good thing because the American prehensive immigration bill with its freedom from the next generation. people got engaged; they focused on massive amnesty program. Again, that I am putting the Senate on notice what was going on. They understood message came through loudly and that I will not agree to a UC on the what was being proposed, and they clearly: No amnesty; real enforcement. debt limit extension without a debate wrote and e-mailed and called us in The American people are saying that and full vote by each Member of this record numbers. not because they are mean-spirited, body on that debt limit and a recom- I do not think anyone can deny the not because they hold anything against mitment to do what is right for the fu- message came through loudly and these individuals who are seeking a ture. clearly. The message was: We do not better life in this country, but because I suggest the absence of a quorum. support an amnesty program because they know, because common sense tells The ACTING PRESIDENT pro tem- that will make the problem far worse them, this is going to make the prob- pore. The clerk will call the roll. and not better. The second part of the lem worse and not better. Inadequate The assistant legislative clerk pro- message was: Let’s start with real en- enforcement, with amnesty, acts as a ceeded to call the roll. forcement. Let’s finally get serious magnet to magnify the problem, to en- Mr. VITTER. Mr. President, I ask with border security, workplace secu- courage more illegals to cross the bor- unanimous consent that the order for rity, to begin to address this very real der into our country. If that does not the quorum call be rescinded. illegal immigration problem in this ring true just because of common The ACTING PRESIDENT pro tem- country. sense, history proves it. pore. Without objection, it is so or- That message came through in such The last time the Congress acted in dered. volume that it literally shut down the this area of the law was in 1986, again

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11779 with significant immigration reform. Mr. NELSON of Florida. Mr. Presi- world, and especially with the nations The promise was exactly the same: We dent, I ask unanimous consent to speak in the region, including Syria and Iran, are going to get serious. We are going in morning business for up to 10 min- to try to get a political settlement and to get real with enforcement. We just utes. then to have that political settlement need this amnesty one time—never The ACTING PRESIDENT pro tem- stick. again—to help solve the problem. pore. Without objection, it is so or- Now, what should that political set- Well, what happened? That bill dered. tlement be? Well, I am not sure any- passed into law. The real enforcement f body within the U.S. Government can never happened to an adequate extent, tell us, but the best plan I know of is LEGISLATIVE QUAGMIRE but, of course, the amnesty provision going to be offered by the Senator from went into effect immediately. What Mr. NELSON of Florida. Mr. Presi- Delaware, Mr. BIDEN, which is to have happens when you combine inadequate dent, I wish to speak about Iraq and a shared power arrangement under the enforcement with real amnesty? What about this amendatory process and this Iraqi Constitution of an autonomous you do is make the problem worse and legislative quagmire in which we find region—three in Iraq—with the Kurds not better, encourage more illegals to ourselves. in the north, Sunnis in the center, and come into the country. The American people are having dif- Shiites in the south. Now, no one has The proof of the pudding is in the ficulty understanding why the Senate been able to come up with a better idea eating. In this case it is in the num- can’t get anything done. It is because as to how we can have a political solu- bers. What was then, in 1986, a problem we have a rule that says we can’t pass tion where we ultimately get to the of 3 million illegal aliens in this coun- something here without 60 votes out of goal of political stability with rec- try, is now a problem of 12 or 13 million 100 Senators. We need 60 votes to close onciliation between Sunnis and Shi- or more. So what did that one-time so- off debate on a motion for cloture. ites. lution do? It quadrupled the problem. That is a fancy term for closing the de- Part of it is functioning right now in It proved not to be a solution at all. bate. We have to have 60 votes. With a the north of Iraq. The Kurds virtually I suggest we do something that some Senate that is so partisan, and so split have their own self-government. Isn’t might consider novel around here. ideologically, it is hard to get those 60 it interesting that not one American Let’s listen to the common sense and votes. We see this on the amendments troop has been killed in that region wisdom of the American people. Let’s that have already attempted to be called Kurdistan? They have a measure say no to amnesty, as we did in June brought, either on a motion just to of stability there. They have their own by defeating the immigration bill spon- proceed, which takes 60 votes, or a mo- self-government. Isn’t it interesting— sored by Senator KENNEDY and others. tion to close off debate to get to the in an area almost exclusively Sunnis in Let’s say yes to real enforcement both subject matter of the amendment. We western Iraq called Al Anbar Province at the border and in the workplace. can’t get the votes. Thus, the Amer- is where our surge with the marines And let’s offer that message again by ican people are increasingly frustrated, has, in fact, helped because it has defeating this very ill-conceived Dur- as are the Senators, that we can’t get turned the Sunni tribal chieftains into bin amendment. more unanimity when, in fact, most of helping us to go after al-Qaida. We To help defeat this amendment, I will us know in this country what has to be have had success. be offering a second-degree amendment done. Where we have not had success with to the Durbin amendment. My second- Now, what is that? What needs to be the surge is in the center part, in the degree amendment is very simple. It done to make the best of a very bad sit- Baghdad region, where the Sunnis and simply says nothing in the Durbin uation? Now, I am not talking about the Shiites are going at each other. amendment goes into effect, goes into why we got there; that is a debate in Thus, what is happening is they are law, until the US–VISIT Program is itself which we have had innumerable voting with their feet as they are vol- fully operational. The US–VISIT Pro- times here on the floor. We are where untarily separating, since they can’t gram is something that was first pro- we are. We are there. get along. posed in 1996, an entry/exit system so What is the goal? The goal in the I think a solution such as Senator we know who is coming into the coun- best interests of the United States is to BIDEN’s, which he will offer as an try, who is leaving the country—some- stabilize Iraq, but there is not a soul amendment and which I will support, is thing very basic, very necessary in who has testified in any of these innu- the best that has come up where there terms of enforcement. merable hearings who says that you would be three autonomous regions. Although it was proposed in 1996, it can get to that goal of stability in Iraq Then there would be the national gov- has never come close to being fully without political reconciliation be- ernment that would represent the operational because Congress, folks in tween the Sunnis and the Shiites. The country in its foreign relations but at Washington, this administration and difficulty there is they have been at it the same time would have the ability, previous administrations, have never for 1,327 years, ever since the Battle of under an Iraq oil law, to distribute the had the political will to get it done. Karbala in 680 A.D. It is very difficult oil revenues according to the percent- So, again, my second-degree amend- for them, with all of that history, all of age of the population. I don’t know ment to the Durbin DREAM Act that hatred, to be able to reconcile into anybody who has a better plan. If they amendment is very simple. That can- some kind of stability so that a govern- do, I want to hear it. not go into effect until the US–VISIT ment can, in fact, function in Iraq. But what we need to do is to come to- system is fully operational at our bor- So given those circumstances, what gether, Republicans and Democrats to- ders. I will be proposing that amend- is the very best we can do? I can’t tell gether, and get over this threshold that ment assuming the Durbin amendment my colleagues that I have the complete has us in a political and legislative and is, in fact, called up for consideration answer, but the best answer I have is procedural straitjacket, that we can’t on the Senate floor. the plan that was laid out unanimously get anything done in this Senate be- Mr. President, with that, I yield back last December by the Iraq Study Com- cause we can’t get 60 votes because we my time and suggest the absence of a mission consisting of very prominent can’t get Democrats and Republicans quorum. people who know the defense business together to start charting the course. The ACTING PRESIDENT pro tem- and who know the foreign relations It is clear that the White House isn’t pore. The clerk will call the roll. business. They unanimously rec- going to do it. They have their mindset The assistant legislative clerk pro- ommended a gradual withdrawal and to and what they want to do, but that is ceeded to call the roll. keep enough U.S. troops there to do not ultimately going to get us to the Mr. NELSON of Florida. Mr. Presi- three things: to train the Iraqi Army, solution. Even General Petraeus has dent, I ask unanimous consent that the to go after al-Qaida, and to provide recommended—or has testified that a order for the quorum call be rescinded. force protection for the Americans who year from now, we are still likely to The ACTING PRESIDENT pro tem- are there and, at the same time, they have 140,000 troops there, with no plan pore. Without objection, it is so or- said, have a very aggressive diplomatic of any of this political success, even dered. effort with the other nations of the though everybody who testified says

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11780 CONGRESSIONAL RECORD — SENATE September 20, 2007 you have to get political reconciliation that one of the basic values of this hand with their health insurance for in order to have that political success. country is to make sure the children of kids? Come on, Democratic Senators. Come working families have the opportunity Ms. STABENOW. Well, my distin- on, Republican Senators. Let’s get to- to get the health care they need. It is guished colleague is absolutely correct, gether. The amendment from Senator pretty basic. This is a matter of values and I thank him for his comments. BIDEN is one we can get together on. and priorities. This is truly a question of values and Mr. President, I yield the floor, and I Later today, in a few moments, I am priorities. That is what we are about in suggest the absence of a quorum. going to be joining with Families USA this business, in this Chamber, when The ACTING PRESIDENT pro tem- to announce their new study that says we make decisions. The President has pore. The clerk will call the roll. that 90 million Americans sometime in said the wealthiest among us are much The assistant legislative clerk pro- the last 2 years did not have health in- more important than moms and dads, ceeded to call the roll. surance. One out of three Americans most of whom, by the way, are making Ms. STABENOW. Mr. President, I ask sometime in the last 2 years did not much less than what we are talking unanimous consent that the order for have health insurance. This is a na- about or the numbers the White House the quorum call be rescinded. tional tragedy. And for us not to at has put out. Those families ought to be The PRESIDING OFFICER (Mr. least focus on children, at least say our able to, at a minimum, know that their BROWN). Without objection, it is so or- value as Americans is to make sure children have health insurance when dered. that children of low-income working they get sick. f families get the basic health care they But what adds insult to injury, I be- lieve, for the American people, is to CHILDREN’S HEALTH CARE need, to me is something I find incred- ibly important and appalling, quite know that on top of that—on top of tax Ms. STABENOW. Mr. President, I frankly, that the President of the priorities for the wealthy versus fami- know we are in the middle of working United States says on the one hand he lies and their health care—is the fact on a very important bill, but I do wish will veto a bipartisan bill to expand that on the one hand we have put to- to take a moment to respond to a press health care coverage to children of gether something that is responsible, conference the President just held working families and then have—I hate bipartisan, and fully paid for within where he spoke about his intent to veto to say what I was going to say—the the budget, and yet the President is the bipartisan children’s health care amazing position to come to us shortly going to be sending us a request for bill we will be sending to him. and to ask somewhere up to another anywhere from $150 billion to $200 bil- It is very important we indicate that $200 billion for the war in Iraq that the lion more for a war in Iraq that the just because the President has a bully majority of Americans want to see American people want to change, a pol- pulpit does not mean he is accurate or changed. icy that is not supported by the major- right. It does not matter how much Mr. DURBIN. Will the Senator yield ity of Americans. To add insult to in- spin they want to put on this situation, for a question? jury, none of it is paid for. It will go di- the reality is the President of the Ms. STABENOW. I would be happy rectly on to the national debt. United States gave us a budget earlier to. So this is a question of values and this year—and the Budget Committee Mr. DURBIN. First, Mr. President, I priorities. It doesn’t matter, again as I looked at this very carefully—this wish to thank the Senator from Michi- said when I began, how much the Presi- President proposed a budget that would gan for making this statement on the dent wants to spin it. We all know he cut, according to CBO, 1.6 million chil- floor of the Senate. I listened to the has a very big megaphone, a very big dren from health care, current chil- news reports this morning and heard bully pulpit. But that doesn’t mean he dren. So when I hear the President at a that some from the White House said is right. The spin machine cannot out- press conference talking about the fact they did not believe we should be help- weigh what is going on here in terms of that he wants to make sure children ing to pay for health insurance for fam- American families. We have something are covered with health insurance, ac- ilies who are well off, such as families that we have done together on a bipar- tions speak louder than words. making $60,000 a year. That was the tisan basis. We should all be very proud The President asked us to put for- reference that was made. of it. A basic for every single one of our ward a budget that would cut 1.6 mil- The Senator from Michigan, I am families is the ability to know they can lion children of working families who sure, is aware that health insurance care for their children and they will currently have health insurance from premiums—assuming the whole family have the health care they need. their health care. We rejected that re- is healthy—could, in some cir- Far too many families today don’t quest. We looked at the fact that there cumstances, cost a family thousands of get help because they do not have a low are from 6 to 7 million children who dollars each year. If their gross income enough income. They are working and currently qualify to receive children’s is $60,000, and they are trying to get by putting it together. Maybe it is a sin- health insurance. Again, these are with $3,000 or $4,000 a month, an $800 gle mom, maybe it is a single dad, working families, folks who do not health insurance bill for a healthy fam- maybe it is mom and dad. They are qualify for low-income help. They are ily, let alone $1,200 or more for a family putting together the income in a way moms and dads working one, two, with a sick child, it is hard for me to where they can pay all the increased maybe three minimum wage jobs, who understand how the White House could costs that everybody is having to deal are desperately concerned that at least say a family making $60,000 a year is so with—the gas prices that are going up their children have the health care well off they would not need help in and the possibility of losing jobs. Cer- they need. providing health insurance to their tainly in my State wages are going I am very proud the Senate came to- children. down, and health care costs going up— gether and in a true bipartisan effort I suggest to the Senator from Michi- all of the things that are squeezing our developed a health care program, an gan that the President’s position here working families. But we are saying, expansion that will not only make sure seems to me to be inconsistent, in that you know what, one of the things we every child who currently has health he is willing to provide tax cuts for the can do together, and we have already insurance will keep that health care, wealthiest people in America and then done it here and we are going to be but that 4 million more children will be is saying folks who make $60,000 a year sending it to the President, is to allow able to have health care in this coun- are well off and don’t need a helping for 4 million more children to get the try. Their moms and dads will not have hand when it comes to their children’s health care they need for those moms to go to bed at night praying: Please health insurance. So in addition to the and dads who are working but not don’t let the kids get sick. cost of the war in Iraq, I ask the Sen- making enough to be able to pay for Sixty-eight Members of this Senate, ator from Michigan, isn’t it a little dif- health insurance. not counting the fact that Senator ficult to understand the President’s po- We, as a country, ought to be able to JOHNSON who is now back with us sition of giving tax breaks to the say we at least want the children to re- would make that 69 Members, voted to- wealthy and not giving working fami- ceive the health insurance they need. gether in true bipartisanship to say lies making $60,000 a year a helping Health care, in my opinion, should be a

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11781 right for the greatest country in the ica knows there is something that ance. That insurance is going to cost world, not a privilege. Too many things needs to be done on health insurance. you $60 or $80, maybe $1,000 or more a have been given to the privileged in There are 47 million of our neighbors in month. this country while working families America, people who live with us in our We think those families, with kids are trying hard every day to make ends communities and go to church with us, who don’t have health insurance, mak- meet. who have no health insurance. In my ing $60,000, deserve a helping hand so So I wish to thank all our colleagues home State of Illinois, I went back in they can at least have the security of who have worked so hard on this legis- August in deep southern Illinois, near health insurance and know their kids lation. It is something we can all be Harrisburg, in Saline County, and a are covered. But it is going to be a bat- very proud of, and I ask the President woman came to me and said: I am 63 tle. We are going to pass this bill and to take another look. This body to- years old. I am a realtor. I have never send it to the President. He is going to gether, 68 Members who voted, were had health insurance 1 day in my life. veto this bill—at least he promises to. not playing politics. We were coming It is hard to imagine, but that is the I hope he reconsiders. But if not, we together in a bipartisan way to be able reality many working Americans face will then get a chance to override his to give more children, American chil- every single day. They are one diag- veto. dren, the ability to get their health nosis, one illness away from bank- This is the kind of debate which mat- care needs taken care of. It is time we ruptcy. Those are the people with no ters. For millions of Americans and had the President join with us in the health insurance. their families, this debate gets down to right set of priorities for American Now, let us speak about those who one of the real issues that keep parents families. have health insurance but it isn’t good awake at night, worrying about their I yield the floor. enough; it costs more each year and kids. The PRESIDING OFFICER. The as- covers less. We know the story. Busi- Some of us in our lives have been sistant majority leader is recognized. nesses tell you, labor unions tell you, through this experience. I was a law Mr. DURBIN. Mr. President, I ask families tell you: I don’t have the kind student when my wife and I had a little unanimous consent to speak as in of coverage I want, and it costs a for- baby and were without health insur- morning business. tune. That is the reality. ance. We had some medical issues with The PRESIDING OFFICER. Without We also know that in our great Na- our baby. I didn’t have health insur- objection, it is so ordered. tion there are 15 million children—of ance to turn to. That happened many Mr. DURBIN. Mr. President, I thank the 47 million I mentioned earlier, 15 years ago. My daughter is now 40 years the Senator from Michigan for coming million are children—with no health old. But let me tell you, I will never to the Senate floor. Occasionally, there insurance. These are kids from families forget it. There was a sinking feeling are debates in this Chamber that really not poor enough to qualify for Med- that my girl was not going to get the matter. The debate on the war in Iraq icaid and not fortunate enough to have best doctor and the best care because, certainly leads that list. We have a a parent with a job that has health in- as a father, I didn’t have health insur- deadly war underway. A hundred Amer- surance. There are 15 million kids for ance to cover her. It was only for a ican soldiers are killed, on average, whom the only opportunity for health short period in my life, but I will never every single month. Almost 4,000 have care is a trip to an emergency room. forget it. I can’t imagine people living died, with 30,000 having been injured. We wanted to change that 5 years with that feeling every day, every At least 10,000 have been seriously in- ago, and we passed this CHIP program, week, every month, and every year. jured, with amputations and burns and Children’s Health Insurance Program, Shouldn’t we, as a great and giving na- traumatic brain injury. That should be and said let us do something about it. tion, care about our own first? the focal point of what we do on the So we covered 6 million of the 15 mil- This President will not even blink floor of the Senate, and it is. lion kids, but now the program is going when he sends us a bill in a week or so Yesterday, sadly, an important to expire in a few days. Our hope with asking for $198 billion more for the war amendment by Senator WEBB of Vir- this new Congress was we could expand in Iraq—$198 billion. Yet he is unwill- ginia, an important amendment for sol- health insurance to cover more chil- ing to spend $6 billion for health insur- diers and their families, was defeated, dren, at least 3 million more. We want ance for children. That is about what it defeated on a vote of 56 to 44. The aver- to make sure all 15 million are covered, is each year over a 5-year period of age person might say: It sounds like but we are not going to quite reach time. He will spend $198 billion for the you won. Not by Senate math. By Sen- that goal. We want to at least get clos- war in Iraq but not $6 billion to make ate math it takes 60 votes on con- er, with 9 million covered. America stronger, to make America’s troversial issues, and this required 60, We had a bipartisan agreement to do families stronger. so that wasn’t enough. We were de- that. The Senate came together, co- This is a debate worth waging. This feated in an effort to say something operated, compromised, and reached an is an issue worth fighting for. This very straightforward: If you are going agreement to expand health insurance Senate will return to that issue in a to ask our soldiers to be deployed in protection to another 3 million kids. week or two, and I hope the American combat, risking their lives for 12 This morning, the President of the people, on a bipartisan basis, as this months, you should at least give them United States had a press availability bill is bipartisan, will join us in urging 12 months afterward to rest, be re- and announced he would oppose this the Senate to pass the bill and to over- united with their family, retrained and bill expanding health insurance for ride the President’s veto. reequipped, before they go back into children. At the time, the spokesman I yield the floor, and I suggest the ab- combat. So 12 months on duty, 12 for his administration said: We don’t sence of a quorum. months off duty. That was defeated. want to give health insurance to fami- The PRESIDING OFFICER. The If you meet with these soldiers and lies who are well off. They defined a clerk will call the roll. their families, if you know the stress family that is well off as one that The legislative clerk proceeded to they are under, if you read the num- makes $60,000 a year. call the roll. bers about the divorce rate among our Now, I have to tell you, $60,000 is Mr. LEVIN. Mr. President, I ask soldiers, the suicide rate, the post- more than the average wage in my unanimous consent the order for the traumatic stress disorder which they hometown of Springfield, IL, but not quorum call be rescinded. are battling as they return from the by much. And $60,000 a year, after you The PRESIDING OFFICER. Without stress of battles, it is hard to imagine pay your taxes, doesn’t leave a lot of objection, it is so ordered. the Senate would not give that kind of money for your mortgage payment, for consideration to our soldiers and their your utility bills, for your property f families. That is a critically important taxes, and for the kids’ school ex- debate. penses. If you happen to not have CONCLUSION OF MORNING Now, we will soon move to another health insurance where you work, BUSINESS very important debate. It is about $60,000 doesn’t leave much of a cushion The PRESIDING OFFICER. Morning health insurance. Everybody in Amer- to turn around and buy health insur- business is closed.

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11782 CONGRESSIONAL RECORD — SENATE September 20, 2007 NATIONAL DEFENSE AUTHORIZA- should try to dispose of the Iraq issue (4) In 2004, a Senator from Massachusetts TION ACT FOR FISCAL YEAR 2008 as soon as possible so we could move on who is a Vietnam veteran and the recipient of a Silver Star, Bronze Star with Combat V, The PRESIDING OFFICER. Under to the rest of the bill and pass it so we can get to conference and get it signed. and three Purple Hearts, was personally at- the previous order, the Senate will re- tacked and accused of dishonoring his coun- sume consideration of H.R. 1585, which There are vital parts of this bill on try; the clerk will report. which the chairman and members of (5) This attack was aptly described by a The legislative clerk read as follows: the Armed Services Committee have Senator and Vietnam veteran as ‘‘dishonest worked literally months, and I hope we and dishonorable.’’ A bill (H.R. 1585) to authorize appropria- (6) On September 10, 2007, an advertisement tions for fiscal year 2008 for military activi- could get to that aspect of the legisla- tion as well. in the New York Times was an unwarranted ties of the Department of Defense, for mili- personal attack on General Petraeus, who is tary construction, and for defense activities Mr. LEVIN. If the Senator will yield honorably leading our Armed Forces in Iraq of the Department of Energy, to prescribe for a moment, on that point I agree to- and carrying out the mission assigned to him military personnel strengths for such fiscal tally with what he just said about the by the President of the United States; and year, and for other purposes. importance of this bill. We are circu- (7) Such personal attacks on those with Pending: lating a request to our Members on distinguished military service to our nation Nelson (NE) (for Levin) amendment No. this side that no amendments be in have become all too frequent. 2011, in the nature of a substitute. order to this bill—that no amendments (b) SENSE OF SENATE.—It is the sense of the Warner (for Graham/Kyl) amendment No. Senate— be filed after a certain point this after- (1) to reaffirm its strong support for all of 2064 (to amendment No. 2011), to strike sec- noon, which I believe we have tried to the men and women of the United States tion 1023, relating to the granting of civil identify as 3 o’clock. I don’t know, I Armed Forces; and rights to terror suspects. (2) to strongly condemn all attacks on the Cornyn amendment No. 2934 (to amend- didn’t have a chance to talk with my honor, integrity, and patriotism of any indi- ment No. 2011), to express the sense of the friend from Arizona about that, but vidual who is serving or has served honor- Senate that General David H. Petraeus, hopefully on your side something simi- ably in the United States Armed Forces, by Commanding General, Multi-National Force- lar could be hot-lined so we could bring any person or organization. Iraq, deserves the full support of the Senate this to an end. The PRESIDING OFFICER. The Sen- and strongly condemn personal attacks on We have literally 250 amendments al- ator from California is recognized. the honor and the integrity of General ready. We have disposed of a lot. We Mrs. BOXER. Mr. President, I thank Petraeus and all the members of the United disposed of 50. We can dispose of more States Armed forces. the clerk for reading those words. I today at some point, but we can’t have hope Members of the Senate heard Mr. LEVIN. Mr. President, I ask more amendments coming in than we them well because in this amendment, unanimous consent that after Senator are able to work out. what we are doing is saying that there BOXER offers an amendment related to I hope on both sides we can get a is essentially a terrible trend in Amer- the subject matter of the pending Cor- unanimous consent agreement that no ica today: to launch attacks on honor- nyn amendment, the Boxer and Cornyn amendments will be in order to this able people who serve in the military. amendments be debated concurrently bill in the first degree if they are filed By the way, it isn’t just folks who were for 20 minutes, with the time equally later than a fixed time this afternoon. mentioned or alluded to. I have an arti- divided and controlled between Sen- The PRESIDING OFFICER. Is there cle I would like to have printed in the ators BOXER and CORNYN or their des- objection to the initial unanimous con- RECORD from the San Diego Union ignees; that no amendments be in order sent request, as modified, by the senior Tribune, April 16, 2004, and another to either amendment; that upon the Senator from Michigan? from the Seattle Times of May 13, 2007. use or yielding back of time the Senate Without objection, it is so ordered. proceed to vote in relation to the Boxer I ask unanimous consent to have two Who yields time? The Senator from articles printed in the RECORD. amendment; that upon disposition of California is recognized. that amendment there be 2 minutes of There being no objection, the mate- AMENDMENT NO. 2947 TO AMENDMENT NO. 2011 debate prior to a vote in relation to the rial was ordered to be printed in the Cornyn amendment; that each amend- (Purpose: To affirm strong support for all RECORD, as follows: the men and women of the United States ment be subject to a 60-vote threshold, [From the San Diego Union Tribune, Apr. 16, Armed Forces and to strongly condemn at- 2004] and if the amendment does not achieve tacks on the honor, integrity, and patriot- RETIRED GENERAL ASSAILS U.S. POLICY ON 60 votes, the amendment then be with- ism of any individual who is serving or has IRAQ drawn, with the above occurring with- served honorably in the United States (By Rick Rogers) out intervening action or debate. Armed Forces, by any person or organiza- The PRESIDING OFFICER. The ma- tion) Retired Marine Gen. Anthony Zinni won- Mrs. BOXER. Mr. President, I call up dered aloud yesterday how Defense Secretary jority leader is recognized. Donald Rumsfeld could be caught off guard Mr. REID. I wonder if my friend amendment No. 2947 and ask for its im- by the chaos in Iraq that has killed nearly would modify that to have the second mediate consideration. 100 Americans in recent weeks and led to his vote for 10 minutes rather than 15 min- The PRESIDING OFFICER. Without announcement that 20,000 U.S. troops would utes? objection, the clerk will report. be staying there instead of returning home Mr. LEVIN. I so modify the request. The legislative clerk read as follows: as planned. ‘‘I’m surprised that he is surprised because The PRESIDING OFFICER. Is there The Senator from California [Mrs. BOXER], there was a lot of us who were telling him objection? The Senator from Arizona. for herself, Mr. LEVIN, and Mr. DURBIN, pro- that it was going to be thus,’’ said Zinni, a poses an amendment numbered 2947: Mr. MCCAIN. Reserving the right to Marine for 39 years and the former com- At the end of subtitle E of title X, add the object, and I will not object, I think mander of the U.S. Central Command. ‘‘Any- following: the distinguished chairman and I have one could know the problems they were had a conversation that, following SEC. l SENSE OF SENATE going to see. How could they not?’’ that, for the benefit of our colleagues, (a) FINDINGS.—The Senate makes the fol- At a Pentagon news briefing yesterday, we would move to the Feingold amend- lowing findings: Rumsfeld said he could not have estimated (1) The men and women of the United ment and with it we will seek a time how many troops would be killed in the past States Armed Forces and our veterans de- week. agreement. Then with the cooperation serve to be supported, honored, and defended Zinni made his comments during an inter- of our colleagues, we will at least try when their patriotism is attacked; view with The San Diego Union-Tribune be- as much as possible to dispose of Iraq (2) In 2002, a Senator from Georgia who is fore giving a speech last night at the Univer- amendments today, if we could. a Vietnam veteran, triple amputee, and the sity of San Diego’s Joan B. Kroc Institute for I remind my colleagues we still have recipient of a Silver Star and Bronze Star, Peace & Justice as part of its distinguished the basis of this bill, which has Wound- had his courage and patriotism attacked in lecturer series. ed Warriors, pay raises, housing, train- an advertisement in which he was visually For years Zinni said he cautioned U.S. offi- linked to Osama bin Laden and Saddam Hus- cials that an Iraq without Saddam Hussein ing, and equipping of the men and sein; would likely be more dangerous to U.S. in- women of the Armed Forces. We do (3) This attack was aptly described by a terests than one with him because of the eth- have a number of pending amendments Senator and Vietnam veteran as ‘‘reprehen- nic and religious clashes that would be un- on the bill. I think, in fairness, we sible’’; leashed.

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11783 ‘‘I think that some heads should roll over Many senior officers say privately that But we didn’t come down and pass a Iraq,’’ Zinni said. ‘‘I think the president got such talk makes them uncomfortable; they resolution attacking the campaign some bad advice.’’ say that when your first name becomes that ran this ad. But now we have an Known as the ‘‘Warrior Diplomat,’’ Zinni is ‘‘General,’’ it is for the rest of your life. But attack on one organization. It is not a peace activist by nature or training, Batiste says he has received no communica- having led troops in Vietnam, commanded tions from current or former officers chal- wrong. It should be defeated. This rescue operations in Somalia and directed lenging his stance, although he occasionally amendment I have offered is the one strikes against Iraq and al Qaeda. gets an anonymous e-mail with the heading that ought to pass this Chamber. He once commanded the 1st Marine Expedi- ‘‘Traitor.’’ I yield to Senator DURBIN my remain- tionary Force at Camp Pendleton. Having quit the Army in anger over what ing time. Out of uniform, Zinni was a troubleshooter he calls mismanagement of the Iraq war, he The PRESIDING OFFICER. The Sen- for the U.S. government in Africa, Asia and says he chose a second career far from Wash- ator from California has 6 minutes re- Europe and served as special envoy to the ington and the Pentagon so he could speak freely on military issues. maining. Middle East under the Bush administration Mr. DURBIN. I would like to be noti- for a time before his reservations over the ‘‘I am outraged, as are the majority of Iraq war and its aftermath caused him to re- Americans,’’ he said. ‘‘I am a lifelong Repub- fied when I have spoken for 2 minutes sign and oppose it. lican. But it is past time for change.’’ and leave the remaining time under the Not even Zinni’s resume´ could shield him Officials of VoteVets.org, an Internet- control of Senator BOXER. from the accusations that followed. based veterans advocacy organization, say This is a balanced amendment that the TV ads, which challenge the president’s ‘‘I’ve been called a traitor and a turncoat Senator BOXER, Senator LEVIN, and I argument that he listens to his commanders for mentioning these things,’’ said Zinni, 60. have offered to this bill. I am not sure The problems in Iraq are being caused, he and say his Iraq policies endanger U.S. secu- rity, will run in the home districts of more this is a debate in which we ought to said, by poor planning and shortsightedness, engage on a regular basis, but Senator such as disbanding the Iraqi army and being than a dozen members of Congress. Two other retired generals, Paul Eaton and unable to provide security. CORNYN has the right to raise this Wesley Clark, speak in the VoteVets.org Zinni said the United States must now rely issue, and he has raised it. campaign’s other ads. The point we want to make is this: on the U.N. to pull its ‘‘chestnuts out of the In response, White House spokeswoman fire in Iraq.’’ Emily Lawrimore said: ‘‘We respectfully dis- The Cornyn amendment focuses on one ‘‘We’re betting on the U.N., who we blew agree.’’ She said Bush confers routinely with organization and one attack on an hon- off and ridiculed during the run-up to the senior officers, citing a meeting Thursday orable, patriotic leader of our military, war,’’ Zinni said. ‘‘Now we’re back with hat with the Joint Chiefs of Staff and a con- General Petraeus. If this resolution in hand. It would be funny if not for the lives versation last week with Gen. David that he offers would be fair, it would lost.’’ Petraeus, the senior U.S. commander in Iraq. Several things have to happen to get Iraq also take into consideration the situa- back on course, whether the U.N. decides to Mrs. BOXER. This is one where Gen- tions that we have raised in our step in or not, Zinni said. eral Zinni, who criticized the war in amendment with Senator BOXER. Improving security for American forces Iraq, said, ‘‘I have been called a traitor I asked Senator CORNYN last night: and the Iraqi people is at the top of the list and a turncoat for mentioning these Will you amend your resolution so followed closely by helping the working class things.’’ Outrageous—because he spoke other attacks—unwarranted, disgrace- with economic projects. out against the war in Iraq. ful attacks—on the military can be in- But it’s not the lack of a comprehensive Then you have retired General Ba- cluded? And I gave him two examples, American plan for Iraq nor the surging vio- tiste, who lashed out on the war and and he said no because those were in- lence that has cost allied troops their lives— says he gets e-mails with the heading, including about 30 Camp Pendleton Ma- volved in a political campaign. rines—that most concerns Zinni. ‘‘Traitor.’’ I am sorry, but that isn’t good ‘‘In the end, the Iraqis themselves have to My friend from Texas is taking one enough. If the principle is sound, it is want to rebuild their country more than we example, attacking an organization sound whether it is in the course of a do,’’ Zinni said. ‘‘But I don’t see that right that he doesn’t agree with—I am sure political campaign or not. If we are now. I see us doing everything. of that—and we are going to be pretty going to stand up for the honor, integ- ‘‘I spent two years in Vietnam, and I’ve busy in the Senate if we turn into the rity, and patriotism of those who serve seen this movie before,’’ he said. ‘‘They have ad police. When Senator Cleland was to be willing to do more or else it is never our country in uniform, let’s do it attacked we didn’t have a resolution on without partisan favor and certainly going to work.’’ the floor of the Senate. When Senator Last night at the Kroc institute during his not arguing that a political campaign speech ‘‘From the Battlefield to the Negoti- KERRY was attacked we didn’t do it. is somehow fair game to say anything ating Table: Preventing Deadly Conflict,’’ When General Batiste was attacked we about anybody. That is what is wrong Zinni detailed the approach he believes the didn’t do it. For General Zinni we with American politics, and that is United States should take in the Middle didn’t do it. We did speak out, and we what has to change. East. did speak out about the ad, all of us on The Boxer amendment, which I am He told an overflow crowd that the United both sides of the aisle, that attacked honored to cosponsor, changes it. I States tries to grapple with individual issues General Petraeus. But we didn’t have a in Middle East instead of seeing them as ele- think the examples we have cited in resolution all these times. this amendment include not only the ments of a broader question. Suddenly, now, a political organiza- ‘‘We need to step back and get a grand MoveOn ad, which has been dismissed tion is attacked by name in a resolu- strategy,’’ he said. and criticized by many on both sides of tion in something that reminds me of the aisle, but also goes to the so-called the old, bad days in America when or- [From the Seattle Times, May 13, 2007] Swift Boat Veterans for Truth out of ganizations were attacked by the Gov- RETIRED GEN. BATISTE LASHES OUT ON WAR Texas, an organization that attacked ernment. So what we have done is we (By Thom Shanker) our colleague, Senator JOHN KERRY, in have written this. I thank Senators ROCHESTER, NY.—John Batiste has trav- what I think was one of the lowest mo- LEVIN and REID and DURBIN and other eled a long way in four years, from com- ments in Presidential politics. It goes Senators who believe what we see is a manding the 1st Infantry Division in Iraq to to the attacks on Senator Max Cleland, quitting the Army after 31 years in uniform, trend to attack heroes. We say it is a man who used to sit in a wheelchair, and, now, from overseeing a steel factory in wrong. We don’t go after one organiza- having lost three limbs in Vietnam, a Rochester to openly challenging President tion. We say it is wrong. disabled veteran struggling to be a Bush on his management of the war. Let me show you the Max Cleland ad. Senator from Georgia whose patriotism ‘‘Mr. President, you did not listen,’’ Ba- We have the picture of Max Cleland in tiste says in new TV ads being broadcast in and courage were attacked in a polit- the same ad with Osama bin Laden and Republican congressional districts as part of ical ad—something which I am sure is Saddam Hussein. a $500,000 campaign financed by Vote Vets.org. going to remain a shameful chapter in ‘‘You continue to pursue a failed strategy This is what Senator MCCAIN had to say about that ad. Here is what he said: American politics. that is breaking our great Army and Marine Those who want to join in standing Corps. I left the Army in protest in order to I’ve never seen anything like that ad. speak out. Mr. President, you have placed . . .Putting pictures of Saddam Hussein and up for men and women in uniform, past our nation in peril.’’ Osama bin Laden next to a man who lost and present, have a chance to do it Those are inflammatory words from Ba- three limbs on the battlefield, it’s worse with the Boxer amendment. I am hon- tiste, a retired major general. than disgraceful, it’s reprehensible. ored to be a cosponsor.

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11784 CONGRESSIONAL RECORD — SENATE September 20, 2007 I reserve the remainder of my time. tion, recognize the differences between way I know of that one can justify or The PRESIDING OFFICER. The Sen- those of us who run for public office rationalize the attacks on Senator ator from Texas is recognized. and hold public office, and while we Cleland or on Senator KERRY. You Mr. CORNYN. Mr. President, I join may all decry the kinds of personal at- can’t, I believe, do that by saying: Oh, my colleagues in decrying the tone of tacks that have become all too com- no, they are in a political campaign; modern politics where there are all too mon in political campaigns, it is a dif- therefore, we can impugn their service many personal attacks. But what they ference in kind for MoveOn.org and because they run for office. To say it is fail to recognize is those who volunteer those who support them to make per- different to impugn the honor of vet- to put ourselves up for public office, to sonal attacks against a four star gen- erans such as Senator Cleland and Sen- run for public office, we know what we eral in the U.S. military commanding ator KERRY, it seems to me, is totally are going to be subjected to in the back 170,000 American military servicemem- unacceptable. It is an effort to justify, and forth of a political campaign. What bers in a war zone in Iraq. differentiate, rationalize attacks which this amendment seeks to do, what the It is my hope that colleagues would I consider to be abhorrent, just as I do Boxer amendment seeks to do, is to vote unanimously for the amendment the attack on General Petraeus, and I change the subject. The subject is this which I have offered and reject the have said so very publicly. And this ad. The subject of my amendment is Boxer amendment as an attempt to amendment, the Boxer amendment, this ad put in the New York Times on change the subject and obscure the fact makes it very clear that attacks on September 9, 2007, attacking a four-star that this shameful ad is out there with- men and women who have worn the general wearing the uniform of the out the disapproval, so far, of this uniform honorably, attacking their U.S. Army, the Commander of the body. service, their patriotism—this was not Multi-National Forces in Iraq—not I think we all recognize that political an attack on Senator Cleland’s poli- only this individual, but everyone campaigns are different. We do not nec- tics; this was an attack on his patriot- under his command, 170,000, approxi- essarily like them, but we are all vol- ism. Aligning him with Osama bin mately, members of the U.S. military. unteers, and we volunteer to subject Laden in an ad is an attack on his pa- What does it accuse him of? Cooking ourselves, unfortunately, to the tone of triotism. You can’t just single out one the books for the White House. The ad modern political campaigns today. I asks: Is it General Petraeus or General attack which you dislike—and we all wish we could change it, and if there do, I hope; I hope we all condemn the Betray Us? My friends on the other was a way to do so, I would support ad in the New York Times. I have per- side of the aisle want to change the that effort. But I do not support the sonally, and I feel very personal about subject. They do not want to confront Boxer amendment because it fails to it. I thought it was a disgraceful ad. organizations such as MoveOn.org, recognize the key distinction between But you can’t just then say: But we are which have the right to express their those who are public figures by choice not going to talk about other attacks view thanks to the first amendment of and those who are public figures by on men and women who have put their the Constitution, thanks to people like duty, people such as General Petraeus. lives on the line, given up parts of their General Petraeus and the brave men It is a shame that we have not been body, because they decide to run for and women of the U.S. military who able to get a vote yet on this amend- public office. protect moveOn.Org’s right to have its ment, but I am glad we will here in the No, I am afraid the Cornyn amend- say. But we ought to have our say, too, next few minutes. I encourage my col- ment is the effort to justify and ration- and to condemn, in the strongest pos- leagues to vote in favor of my amend- alize something which cannot be justi- sible words and by our actions, this ment on this character assassination fied or rationalized just because a vet- kind of irresponsible ad. It is clear, ac- against this good man and to vote eran who has served honorably, put his cording to the New York Times Maga- against the Boxer amendment for the life on the line, decides to run for pub- zine of September 9, this was a part of reasons I mentioned. an orchestrated effort, both on the Hill I reserve the remainder of my time. lic office. They are all disgraceful ads, and off the Hill, to disparage this gen- The PRESIDING OFFICER. The Sen- and we ought to treat them the same eral before he even had a chance to ator from California. way. They impugn the honor, integ- make his report to the Congress. Mrs. BOXER. Mr. President, I might rity, and patriotism of real heroes. The Boxer amendment, with all due say that my friend and colleague— Mr. CORNYN. Mr. President, how respect, is an effort to change the sub- maybe he didn’t read the Boxer amend- much time do I have remaining? ject, is a smokescreen to try to dis- ment because we specifically pointed The PRESIDING OFFICER. Four and tract colleagues on the floor from hold- to the Petraeus ad, and we say, in fact, a half minutes. ing MoveOn.org and those who would that it was an unwarranted personal Mr. CORNYN. Mr. President, I of- slander and by character assassination attack. I will just tell you right now, if fered this resolution on the Transpor- attack the reputation of leaders of the my colleague wants to vote no on all tation, Housing and Urban Develop- U.S. military who are doing nothing such attacks, whether it is against ment appropriations bill about 10 days more than their duty and what the General Batiste or Zinni, then vote no ago, and it was objected to at that Commander in Chief and this Congress on the Boxer amendment. If you want time, so that is the reason I am back asks them to do. This is an attempt to to vote no on the amendment that says again today and yesterday. It took excuse this kind of conduct by trying two things here—we reaffirm our until today for our colleagues on the to change the subject. I would urge my strong support for all the men and other side of the aisle to come up with colleagues to reject it. women in the U.S. Armed Forces, and some reason not to support this amend- Frankly, if colleagues are going to we strongly condemn all attacks on the ment which condemns this ad against vote against my amendment, it will be honor, integrity, and patriotism of any this four star general who wears the tantamount to saying this kind of individual who is serving as or has hon- uniform of the U.S. Army and com- character assassination is okay. It is orably served in the U.S. Armed Forces mands 170,000 soldiers currently serv- my hope that on a bipartisan basis we by any person or organization—if my ing in harm’s way in Iraq. would rise up and we would say it is friend wants to vote against this, then There is too much venom and too not okay, it is unacceptable. so be it because just to attack one or- much poison in the political arena If, in fact, there are colleagues who ganization and not look at the larger today. I do not like it any more than think the amendment offered by my problem of what is happening out there my colleagues on the other side. But distinguished colleague from California in our country seems to me a political we have a tradition in this country of, is going to be a fig leaf, well, I tell you, vendetta and nothing more. after the campaigns are over, trying to it is not big enough, as most fig leaves Mr. President, I yield the remainder work together in the best interests of are, to cover up the shame that will be of my time to Senator LEVIN. the American people. That is what we on this body if we see colleagues vote The PRESIDING OFFICER. The Sen- all try to do despite our differences, de- against—basically vote for this kind of ator from Michigan has 2 minutes re- spite our party affiliation. But I would irresponsible ad. maining. think we ought to rise up unanimously There is a difference in kind, and I Mr. LEVIN. I wish to join with Sen- and condemn this character assassina- hope colleagues would, on calm reflec- ator BOXER in saying that there is no tion of General Petraeus. And the fact

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11785 that political campaigns in 2002 and man. My colleague from California re- The PRESIDING OFFICER. Without 2004 involved ads that I think we all ferred to him as an amazing man, say- objection, it is so ordered. would find over the line as far as the ing: Of course I listen to General (The foregoing tally has been political discourse in a contested elec- Petraeus. changed to reflect the above order.) tion should not detract from or dilute The Senator from Delaware said: I do AMENDMENT NO. 2934 our condemnation of this particular ad. not know anyone better than Petraeus. The PRESIDING OFFICER. Under You know, there is an unfortunate This is the thanks he gets after 9 the previous order, there will now be 2 trend in our society today by people re- months of service in Iraq. minutes of debate equally divided prior fusing to take personal responsibility The PRESIDING OFFICER. All time a vote in relation the amendment No. for their conduct by saying: Well, we has expired. 2934, offered by the Senator from ought to condemn everybody, as if we Mrs. BOXER. Mr. President, I ask for Texas. should not condemn those individuals the yeas and nays. The Republican leader is recognized. and those organizations which have The PRESIDING OFFICER. Is there a Mr. MCCONNELL. Mr. President, I clearly crossed the line in this case by sufficient second? would like to proceed for a few minutes saying: Well, we have to condemn ev- There is a sufficient second. on my leader time. erybody. The question is on agreeing to the The PRESIDING OFFICER. Without Well, I think this is the place to amendment. objection, it is so ordered. start, by condemning this ad, this irre- The clerk will call the roll. Mr. MCCONNELL. Mr. President, it sponsible ad run in the New York The legislative clerk called the roll. has been more than a week since the Times at a discount by that organiza- Mr. DURBIN. I announce that the junior Senator from Texas offered an tion, by that business entity, in favor Senator from Delaware (Mr. BIDEN) and amendment condemning an ad by of MoveOn.org, for the kind of ad I the Senator from Washington (Ms. MoveOn.org that appeared last Monday would hope we would unanimously con- CANTWELL) are necessarily absent. in the New York Times. demn. Rather than relitigating polit- Mr. LOTT. The following Senator is The ad was, by any standard—by any ical campaigns in the past, my hope is necessarily absent: the Senator from standard—abhorrent. It accused a four- we would vote for this amendment and Colorado (Mr. ALLARD). star general, who has the trust and re- vote against the Boxer amendment. The PRESIDING OFFICER (Mr. spect of 160,000 men and women in Iraq, Mr. INHOFE. Mr. President, will the TESTER). Are there any other Senators of betraying that mission and those Senator yield for a question? in the Chamber desiring to vote? troops, of lying to them and to us. I ask the Senator from Texas, I was The result was announced—yeas 50, Who would have ever expected any- down here yesterday spending quite a nays 47, as follows: body would go after a general in the bit of time on this particular issue. I [Rollcall Vote No. 343 Leg.] field at a time of war, launch a smear was not aware the Senator from Cali- YEAS—50 campaign against a man we have en- fornia was going to come in with her trusted with our mission in Iraq? Akaka Harkin Nelson (FL) amendment. I assume the first vote we Baucus Inouye Nelson (NE) Any group that does this sort of have is going to be on the Boxer Bayh Johnson Obama thing ought to be condemned. amendment; is that correct? Bingaman Kennedy Pryor Let’s take sides: General Petraeus or The PRESIDING OFFICER. The Sen- Boxer Kerry Reed MoveOn.org. Which one are we going to Brown Klobuchar ator from Oklahoma is correct. Reid believe? Which one are we going to Byrd Kohl Rockefeller Mr. INHOFE. Well, let me just sug- Cardin Landrieu Salazar condemn? That is the choice. Carper Lautenberg gest to you, I think if the defining mo- Sanders MoveOn says he is a traitor. If we be- Casey Leahy ment—if you really agreed with what Schumer Clinton Levin lieve that, we should condemn him. If Specter MoveOn.org did and what they said and Conrad Lieberman we do not believe that, then we ought how they demeaned one of the finest Dodd Lincoln Stabenow to be condemning them, not him. Tester officers in the history of this country— Dorgan McCaskill Now, here is what we know about Durbin Menendez Webb the guy has a Ph.D. from Princeton; he Feinstein Mikulski Whitehouse this group. I will bet you a lot of our is not just a normal person. The guy Hagel Murray Wyden Democratic colleagues do not know ev- was unanimously agreed to and sup- NAYS—47 erything MoveOn is for. I think you ported by the group here to go and do probably know they try to come to Alexander DeMint Martinez this work and take over the war in Barrasso Dole McCain your aid from time to time, but I bet Iraq. This is the right guy for the right Bennett Domenici McConnell you do not know everything they advo- time. Huge successes are taking place. Bond Ensign Murkowski cate. I listened with some interest this Brownback Enzi Roberts In the days after the terrorist at- Bunning Feingold morning to the House Foreign Rela- Sessions tacks of September 11, it urged— Burr Graham Shelby tions subcommittee proceedings yes- Chambliss Grassley Smith MoveOn.org urged—a pacifist response Coburn Gregg terday, and the very people who were Snowe to al-Qaida. Cochran Hatch Stevens complaining that General Petraeus Coleman Hutchison They rejected the idea that govern- Sununu consulted with the White House to Collins Inhofe ments should be held responsible for come up with his information are now Corker Isakson Thune terrorists such as al-Qaida who operate Vitter saying he should have consulted with Cornyn Kyl within their borders. Craig Lott Voinovich White House and did not do it. You Crapo Lugar Warner This is the group that called defeat- can’t have it both ways. ing the PATRIOT Act ‘‘a success I would just say this: The vote we are NOT VOTING—3 story,’’ the group that ran an ad on its about to take is not a vote on an Allard Biden Cantwell Web site equating the President to amendment by Senator BOXER; it is a The PRESIDING OFFICER. On this Adolf Hitler, the group that thinks or- vote as to whether you agree with vote, the yeas are 50, the nays are 47. ganizations such as the U.N. will rid MoveOn.org coming in and saying the Under the previous order requiring 60 the world of al-Qaida. things they have articulated about one votes for the adoption of this amend- That is MoveOn.org. This is what we of our top military leaders. That is ment, the amendment is withdrawn. are dealing with. I cannot believe those what the vote is all about. f are the views of a vast majority of my I urge everyone to oppose the Boxer friends and colleagues on the other side amendment. CHANGE OF VOTE of the aisle. The PRESIDING OFFICER. The Sen- Mr. STEVENS. Mr. President, on Now, what do we know about General ator from Texas has 15 seconds remain- rollcall No. 343, I voted ‘‘yea.’’ I in- Petraeus? Commander of the Multi-Na- ing. tended to vote ‘‘nay.’’ Therefore, I ask tional Force-Iraq; been in Iraq for Mr. CORNYN. Mr. President, when unanimous consent that I be permitted about 4 years; literally wrote the U.S. General Petraeus was confirmed, the to change my vote. This will not affect counterinsurgency manual; com- majority leader called him a great the outcome of the vote. manded the 101st Airborne Division

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11786 CONGRESSIONAL RECORD — SENATE September 20, 2007 during the first year of Operation Iraqi What about this ad should not be General Petraeus or any other of our Freedom; Assistant Chief of Staff for condemned? Is there anything about military members. But what we want Operations of the NATO Stabilization this ad that should not be condemned? to do here is talk about the war—the Force and Deputy Commander of the I urge my colleagues to stand with war. The policy is bad. We will soon be U.S. Joint Interagency Counter-Ter- General Petraeus and against this ad. starting the sixth year of this war, rorism Task Force in Bosnia; Assistant The PRESIDING OFFICER (Mr. costing this country right now about Division Commander for Operations of WHITEHOUSE). The majority leader is three-quarters of a trillion dollars, and the 82nd Airborne Division at Fort recognized. we are fighting for pennies for chil- Bragg; West Point; aide to the Chief of Mr. REID. Mr. President, the only dren’s health, pennies for doing things Staff of the Army; battalion, brigade, thing my friend left off regarding Gen- about the environment, and education. and division operations officer; Assist- eral Petraeus, he also has a Ph.D. from The President is complaining because ant to the Supreme Allied Commander- Princeton. He is a man we all have what we want to do in our appropria- Europe; Distinguished Service Medal; great regard for. I think no one dis- tions bills is $21 billion over this magic Defense Superior Service Medal; Le- putes that General Petraeus is a good number he came up with, $21 billion in gion of Merit; Bronze Medal for Valor; soldier. He follows orders, and that is an approximately $1 trillion bill, ulti- NATO Meritorious Service Medal; one what soldiers are supposed to do, even mately how much it will be for taking of America’s 25 Best Leaders, according a general. This general follows the or- care of things the Government wants. to US News & World Report; and a ders of the Commander in Chief, and But we are going to have in a few days four-star general of the Army. that is the way it should be. another supplemental appropriations That is what we know about General This is not the Petraeus war. It is the bill for Iraq approaching about two Petraeus. Bush war. I would say my friend from Here is what our friends on the other hundred billion more dollars. Kentucky, my dear friend, my counter- The American people are fed up with side of the aisle said about General part, is talking about an organization Petraeus when they confirmed him this. No one over here endorses the ad that has more than 3 million members. that was in that newspaper. None of us back in January. I do not know what any one of them The junior Senator from California do. But we want to talk about the war. may have said at any given time. I cer- called him ‘‘an amazing man.’’ They want to talk about an ad in a The chairman of the Foreign Rela- tainly cannot support everything they newspaper. None of us in any way criti- tions Committee, the senior Senator say, that is for sure. cized General Petraeus. He is a soldier. from Delaware, said: ‘‘I don’t know But understand, the amendment that He is following a policy set by the anybody better than Petraeus.’’ was offered by my friend, Senator Commander in Chief. But that doesn’t The senior Senator from Massachu- BOXER, is very clear. It says the Sep- take away from the problems the setts said he is ‘‘an outstanding mili- tember 10, 2007, advertisement in the American people feel are as a result of tary officer, and our soldiers really de- New York Times ‘‘was an unwarranted this war: death, injury to men and serve the best, and I think they’re get- personal attack on General Petraeus.’’ women. So I hope—we are on the De- ting it with your service,’’ referring to That is what it says. We just voted on fense authorization bill—we can pro- General Petraeus. that. I cannot imagine why some of my ceed on the Defense authorization bill, The chairman of the Armed Services colleagues on the other side voted complete this legislation, have civil de- Committee, the senior Senator from against this. That is what it says. One bate on Iraq policy, and we hope to do Michigan, said: ‘‘General Petraeus is reason, maybe it brought up some that. I say respectfully to my friends, widely recognized for the depth and things from the past, the recent past, focus on the policy of this war, not on breadth of his education, training, and such as yesterday. an ad we had nothing to do with. operational experience.’’ For a party that endorsed longer The PRESIDING OFFICER. Who They praised him up and down in troop time in Iraq for our soldiers; that yields time? January, confirmed him unanimously, is, our people who are serving us so val- Mr. REID. If we have time left, I funded his mission, and sent him the iantly in Iraq cannot stay home for the yield it back, and I ask for the yeas troops. same amount of time they go over and nays. So now is the time to be heard. Is it there—that is what this party voted The PRESIDING OFFICER. Is there a right to call General Petraeus a traitor against. They voted in favor of second sufficient second? or not? That is what this vote is about. and third and fourth tours of duty for Mrs. BOXER. Mr. President, could I Is it right to call General Petraeus a these young men and women. ask what the parliamentary situation traitor or not? We condemn all attacks on our val- is? I thought Senator CORNYN was This group, MoveOn.org, is crowing iant soldiers. That is what the amend- all over the papers. They say they have going to have an amendment and I was ment we voted on said. I read what it going to have an amendment this my colleagues on the other side of the says about the ad. We don’t support aisle on a leash. They brag about it. morning. Is that accurate? that ad. We clearly voted accordingly. The PRESIDING OFFICER. Under Their executive director has said, re- But we also said we should remem- ferring to the party on the other side of the previous order, there will now be 2 ber—as I hope we remember the vote the aisle, they are ‘‘Our party.’’ minutes of debate equally divided prior yesterday endorsing longer tours for MoveOn.org says: ‘‘we bought it, we to a vote in relation to amendment No. our soldiers—I hope we also remember own it, and we’re going to take it 2934 offered by the Senator from Texas, what happened to Max Cleland, a man back.’’ That is MoveOn.org saying that Mr. CORNYN. about our friends on the other side of who lost three limbs. Every day of his Is there a sufficient second? the aisle. life, including today, he wakes up and At the moment, there is not a suffi- They claim to be in constant contact spends 2 hours getting dressed. He cient second. with people on the other side of the dresses himself. He does his exercise, Mr. MCCONNELL. Mr. President, I aisle. I do not believe this group is tell- running on a mattress, with his ask for the yeas and nays. ing all these great Senators on the stumps. He was decorated for heroism. The PRESIDING OFFICER. Is there a other side of the aisle what to do. I do But he wasn’t patriotic enough to serve sufficient second? not believe that. This is an opportunity in the Senate, according to people who There is a sufficient second. to demonstrate it. are in this Chamber. They ran ads The Senator from Texas is recog- So this amendment gives our col- against Max Cleland. JOHN KERRY: Two nized. leagues a chance to distance them- Silver Stars, two Purple Hearts. Did I Mr. CORNYN. Mr. President, this selves from these despicable tactics, hear my friends complaining about amendment is about the difference be- distance themselves from the notion these vicious ads against JOHN KERRY tween a uniformed leader of our U.S. that some group literally has them on when he was running for President? military, GEN David Petraeus, the dif- a leash, akin to a puppet on a string. Not a single murmur. Some were cheer- ference between him and a political It is time to take a stand—not to ing on the Swift Boat demons. candidate. Surely our colleagues—all dredge up political battles of the past So as we say in this resolution, we do of us in the Chamber understand, hav- but to condemn this ad. not support any unwarranted attack on ing run for office ourselves, that there

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11787 are things said in political campaigns Roberts Snowe Thune lowing that? Is it also the chairman’s Salazar Specter Vitter which many of us regret. But our focus Sessions Stevens Voinovich understanding that any Iraq-related should not be distracted from this Shelby Sununu Warner amendment would probably be a 60- character assassination against a great Smith Tester Webb vote requirement? Finally, is it also American patriot. I can’t believe any NAYS—25 the understanding of the chairman Member of this Senate would vote Akaka Harkin Reid that at 3 p.m. today we would expect against this amendment which con- Bingaman Inouye Rockefeller all amendments to be filed on this bill? demns this character assassination and Boxer Kennedy Sanders Mr. LEVIN. If the Senator will yield. by their vote against this amendment Brown Kerry Schumer Mr. MCCAIN. I do not object. Byrd Lautenberg would say it is OK. Stabenow Mr. LEVIN. It is our hope to work Clinton Levin Whitehouse I yield the remainder of my time. Dodd Menendez Wyden out an arrangement so we can proceed The PRESIDING OFFICER. The Sen- Durbin Murray next to the Levin-Reed amendment. If Feingold Reed ator from California is recognized. that is the situation, we would hope to Mrs. BOXER. Mr. President, JOHN NOT VOTING—3 work out a time agreement as well on KERRY and Max Cleland are great he- Biden Cantwell Obama that amendment. There are two other roes. My colleagues on the other side The PRESIDING OFFICER. On this matters that we may want to try to voted not to condemn the attacks vote, the yeas are 72, the nays are 25. dispose of—at least one other matter— against them, even though the Senator Under the previous order, requiring 60 prior to the Levin-Reed amendment. It from Arizona did so, and I have the votes for the adoption of the amend- is our hope as well, as the Senator from chart of what he said. ment, amendment No. 2934 is agreed to. Arizona expects, that amendments that This is about politics, let’s face it. Mr. LEVIN. Mr. President, I move to are Iraq related include the 60-vote re- Since when are we the ad police who go reconsider the vote. quirement. after organizations by name and wave Mr. MCCAIN. I move to lay that mo- Mr. MCCAIN. Also, if I could be rec- around their name? What are we going tion on the table. ognized briefly. to do next when there is a health care The motion to lay on the table was The PRESIDING OFFICER. Without debate? Are we going to condemn one agreed to. objection, the unanimous consent organization on one side and one on the Mr. LEVIN. Mr. President, I ask agreement is agreed to. other, or are we going to do it on unanimous consent that when the Sen- Mr. MCCAIN. Mr. President, I remind choice and hold up some very tough ads ate considers Feingold amendment No. my colleagues—and I again thank the that we see running all over this coun- 2924, which I understand will now be chairman, Senator LEVIN. I think we try? I would hope not. the matter before the Senate, there have had an excellent degree of accom- This is the United States of America. will be 2 hours of debate, with the time modation, with occasional differences We condemn all attacks against our divided as follows: 90 minutes under of opinion. But I appreciate his leader- men and women serving honorably in the control of Senator FEINGOLD or his ship. I remind my colleagues this is the the military, not just one organization. designee, 30 minutes under the control 12th day of debate on this bill. The We condemn all the attacks. I hope our of Senator MCCAIN or his designee; that total time of debate has been 69 hours. colleagues will vote ‘‘no.’’ Otherwise, no amendment be in order to the We still have not gotten to the body of we are starting a terrible precedent amendment prior to the vote; that the legislation. That is 12 days, 69 around here we will regret. upon the—Mr. President, I suggest the hours. I yield back the remainder of my absence of a quorum. I know this is called a ‘‘deliberative’’ time. The PRESIDING OFFICER. The body, but we are now reaching the lim- its of that description. So I hope all of The PRESIDING OFFICER. All time clerk will call the roll. our colleagues will work with us to dis- has expired. The assistant legislative clerk pro- pose—hopefully today—of the Iraq-re- The question is on agreeing to ceeded to call the roll. lated amendments, and then we can amendment No. 2934. The yeas and nays Mr. LEVIN. Mr. President, I ask close out the filing of amendments on are ordered. unanimous consent that the order for the bill itself and, hopefully, have some The clerk will call the roll. the quorum call be rescinded. kind of agreement to dispose of this The assistant legislative clerk called The PRESIDING OFFICER. Without legislation. the roll. objection, it is so ordered. Mr. LEVIN. Mr. President, it is our Again, as we have pointed out several Mr. DURBIN. I announce that the understanding—and Senator MCCAIN times, on this legislation is the Wound- Senator from Delaware (Mr. BIDEN), and I have discussed this—that Senator ed Warrior legislation, for our vet- the Senator from Washington (Ms. FEINGOLD will be recognized to offer erans, a pay raise, and so many other CANTWELL) and the Senator from Illi- amendment No. 2924. important aspects of the legislation. nois (Mr. OBAMA) are necessarly ab- I ask unanimous consent that there We don’t want us, for the first time in sent. be 2 hours of debate, with the time di- more than 46 years, not to pass this im- The PRESIDING OFFICER. Are there vided as follows: 90 minutes under the portant bill. any other Senators in the Chamber de- control of Senator FEINGOLD or his des- I yield the floor. siring to vote? ignee, 30 minutes under the control of Mr. LEVIN. Mr. President, let me The result was announced—yeas 72, Senator MCCAIN or his designee; that also add one comment to Senators. We nays 25, as follows: no amendment be in order to the have already, on this side, hotlined a [Rollcall Vote No. 344 Leg.] amendment prior to the vote; that unanimous consent agreement that no YEAS—72 upon the use or yielding back of time, amendment would be in order to this Alexander Corker Johnson without further intervening action or bill, unless it is filed by 4 p.m. this Allard Cornyn Klobuchar debate, the Senate proceed to vote in afternoon—no first-degree amendment Barrasso Craig Kohl Baucus Crapo Kyl relation to the amendment, and that if would be in order. We don’t know what Bayh DeMint Landrieu the amendment doesn’t receive 60 the response is. We hope all of the Bennett Dole Leahy votes, it be withdrawn. Democrats will agree to that. We be- Bond Domenici Lieberman The PRESIDING OFFICER. Is there lieve that a similar unanimous consent Brownback Dorgan Lincoln Bunning Ensign Lott objection? request has been hotlined on the Re- Burr Enzi Lugar Mr. MCCAIN. Mr. President, reserv- publican side, but the ranking member Cardin Feinstein Martinez ing the right to object, and I will not would know that. Carper Graham McCain Casey Grassley McCaskill object, I thank the distinguished chair- We hope that works, for the reason Chambliss Gregg McConnell man, Senator LEVIN. I want to mention the Senator gave, which is that this Coburn Hagel Mikulski this: Is it the chairman’s under- bill is extremely important. We have Cochran Hatch Murkowski standing that after that, we would been on it a long time. We are going to Coleman Hutchison Nelson (FL) Collins Inhofe Nelson (NE) probably go to the Levin-Reed amend- need a number of days, obviously, to Conrad Isakson Pryor ment and have a time agreement fol- resolve the hundreds of amendments

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11788 CONGRESSIONAL RECORD — SENATE September 20, 2007 that are still filed and have not been Qaeda and affiliated international terrorist campaign against a ruthless enemy, resolved. We are working to clear organizations. this administration persists in the amendments, and we need the coopera- (2) To provide security for United States tragic mistake it made over 4 years ago tion of everybody. Government personnel and infrastructure. when it took this country to war in (3) To provide training to members of the Mr. MCCAIN. Mr. President, one final Iraqi Security Forces who have not been in- Iraq. That war has led to the deaths of comment. I am not sure I will need all volved in sectarian violence or in attacks more than 3,700 Americans and perhaps the time on this side for this amend- upon the United States Armed Forces, pro- as many as 1 million Iraqi civilians, it ment. We have debated this amend- vided that such training does not involve has deepened instability throughout ment before, and I alert my colleagues members of the United States Armed Forces the Middle East, it has jeopardized our that perhaps we can vote earlier than taking part in combat operations or being credibility, and it has clearly alienated the 2-hour time that is involved. embedded with Iraqi forces. our friends and allies. I yield the floor. (4) To provide training, equipment, or This summer’s declassified National The PRESIDING OFFICER (Mrs. other materiel to members of the United Intelligence Estimate confirms that al- States Armed Forces to ensure, maintain, or MCCASKILL). The Senator from Wis- improve their safety and security. Qaida remains the most serious threat consin. Mr. FEINGOLD. Madam President, to the United States. Indeed, key ele- Mr. FEINGOLD. Madam President, ments of that threat have been regen- what is the pending business? last week, as the administration was trying to convince us to stay the latest erated, have even been enhanced. While The PRESIDING OFFICER. Amend- we have been distracted by the war in ment No. 2064. course in Iraq, it made very little men- tion of the fact that in every month Iraq, al-Qaida has protected, rebuilt, Mr. FEINGOLD. Amendment No. and strengthened its safe haven in the 2064? this year, January through August, substantially more U.S. troops have border region between Pakistan and The PRESIDING OFFICER. Correct. Afghanistan and has increased its col- Mr. FEINGOLD. Madam President, I died in Iraq than in the corresponding month in 2006. laboration with regional terrorist ask unanimous consent that amend- groups in other parts of the world. ment be set aside. It also had little to say about the British survey released last week With its safe haven, al-Qaida is work- The PRESIDING OFFICER. Without ing to expand its network and, there- objection, it is so ordered. which found that nearly one in two Baghdad households has lost at least fore, its ability to strike Western tar- AMENDMENT NO. 2924 TO AMENDMENT NO. 2011 one member to war-related violence gets, including ones right here in the Mr. FEINGOLD. Madam President, I and that 22 percent of surveyed house- United States. now call up amendment No. 2924. holds across the nation have endured The administration has much to say The PRESIDING OFFICER. The at least one death. Based on the num- about al-Qaida in Iraq. They will not clerk will report. ber of households in Iraq, this could tell you al-Qaida in Iraq is an al-Qaida The assistant legislative clerk read mean that upwards of 1 million civilian affiliate which was spawned by this dis- as follows: deaths have occurred as a result of the astrous war, however, and they would The Senator from Wisconsin [Mr. FEIN- war in Iraq. rather not talk about al-Qaida’s safe GOLD], for himself, Mr. REID, Mr. LEAHY, Mrs. Despite these facts, this administra- haven in the Pakistan-Afghanistan re- BOXER, Mr. WHITEHOUSE, Mr. HARKIN, Mr. tion assures us that violence is de- gion or even recognize the serious glob- SANDERS, and Mr. SCHUMER, proposes an amendment numbered 2924 to amendment creasing and that the security situa- al threat that continues to exist and No. 2011. tion in Iraq is getting better. They tell that has even been strengthened while our troops are dying in Iraq. That tells Mr. FEINGOLD. Madam President, I us success is within reach and that we you all you need to know about the ad- ask unanimous consent that the read- are closer to attaining our objectives, ministration’s painfully narrow focus ing of the amendment be dispensed even though those objectives keep on Iraq. with. changing—most recently from sup- The war in Iraq is not making us The PRESIDING OFFICER. Without porting a strong central government to safer. It is making us more vulnerable. objection, it is so ordered. a more bottom-up and local approach. It is stretching our military to the The amendment is as follows: Just give us more time, they say, just as they said in 2004 and in 2005 and in breaking point and inflaming tensions (Purpose: To safely redeploy United States and anti-American sentiment in an im- troops from Iraq) 2006. The slogan may be different. We portant and volatile part of the world. At the end of subtitle C of title XV, add the have had ‘‘Mission Accomplished’’ and following: ‘‘Stay the Course’’ and ‘‘The New Way It is playing into the hands of our en- emies, as even the State Department SEC. 1535. SAFE REDEPLOYMENT OF UNITED Forward’’ and now ‘‘Return on Suc- STATES TROOPS FROM IRAQ. cess.’’ But each time, we are told we recognized when it said the war in Iraq (a) TRANSITION OF MISSION.—The President are on the right road until, that is, we is ‘‘used as a rallying cry for shall promptly transition the mission of the reach another dead end and then a new radicalization and extremist activity United States Armed Forces in Iraq to the slogan is invented to justify our open- in neighboring countries.’’ limited and temporary purposes set forth in ended presence in Iraq. As the adminis- Of course, it would be easy to put all subsection (d). tration blunders from one mistake to the blame on the administration, but I (b) COMMENCEMENT OF SAFE, PHASED REDE- another, brave American troops are am afraid Congress is complicit too. PLOYMENT FROM IRAQ.—The President shall commence the safe, phased redeployment of being injured and killed in Iraq, our Congress authorized the war. Congress members of the United States Armed Forces military is being overstretched, count- has so far allowed it to continue de- from Iraq who are not essential to the lim- less billions of dollars are being spent, spite strong efforts from the new ited and temporary purposes set forth in sub- the American people are growing more Democratic leadership. Now, once section (d). Such redeployment shall begin and more frustrated and outraged, and again, it is up to us in Congress to re- not later than 90 days after the date of the our national security, quite frankly, is verse this President’s intractable pol- enactment of this Act, and shall be carried being undermined. icy, to listen to the American people, out in a manner that protects the safety and Our top national security priority to save American lives, and to protect security of United States troops. (c) USE OF FUNDS.—No funds appropriated should be going after al-Qaida and its our Nation’s security by redeploying or otherwise made available under any provi- affiliates. They are waging a global our troops from Iraq. We have the sion of law may be obligated or expended to campaign from north Africa to South- power and the responsibility to act, continue the deployment in Iraq of members east Asia. We cannot afford to continue and we must act now. of the United States Armed Forces after to focus so much of our resources on I am not suggesting that we abandon June 30, 2008. one single country without a legiti- the people of Iraq or that we ignore the (d) EXCEPTION FOR LIMITED AND TEMPORARY mate strategy for dealing with the political stalemate there and the rap- PURPOSES.—The prohibition under sub- idly unfolding humanitarian crisis section (c) shall not apply to the obligation threats posed by al-Qaida’s global or expenditure of funds for the following lim- reach. which has displaced more than 4 mil- ited and temporary purposes: Instead of seeing the big picture, in- lion Iraqis from their homes. These (1) To conduct targeted operations, limited stead of placing Iraq in the actual con- critical issues require the attention in duration and scope, against members of al text of a comprehensive and global and constructive engagement of U.S.

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11789 policymakers, key regional players, But I hope none of them will suggest General Petraeus and the troops under and the international community. But that Feingold-Reid would hurt the his command the time and support such turbulence cannot and will not be troops by denying them equipment or needed to carry out their mission or do resolved by a massive military engage- support. Why do I hope they don’t say we ignore the realities on the ground ment. The administration’s surge is an- that? Because there is no truth to the and legislate a premature end to our ef- other dead end. The surge was sup- argument. None. This is an absolutely forts in Iraq, accepting thereby all the posedly aimed at creating the space phony argument used time and again terrible consequences that will ensue? necessary for political compromise, but to try to get away from what this That is the choice we must make, and the Iraqi Government is no more rec- amendment actually does. Passing this though politics and popular opinion onciled than it was when the surge legislation will result in our troops may be pushing us in one direction, we began, and American troops are dying being safely redeployed by the deadline have a greater responsibility, in my in greater numbers—greater numbers— we set. At that point, with the troops view, a duty to make decisions with than last year or the year before. safely out of Iraq, funding for the war the security of this great and good Na- That is why I am again offering an would end, with the narrow exceptions tion foremost in our minds. amendment, with the majority leader, I listed. That is what Congress did in We now have the benefit of the long- HARRY REID, and Senators LEAHY, 1993 when it voted overwhelmingly to anticipated testimony delivered by BOXER, WHITEHOUSE, HARKIN, SANDERS, bring our military mission in Somalia General Petraeus and Ambassador SCHUMER, DODD, DURBIN, and MENEN- to an end by setting a deadline after Crocker, testimony that reported un- DEZ. Our amendment, which is similar which funding for that mission would ambiguously that the new strategy is to legislation we introduced earlier end. And that is what Congress must do succeeding in Iraq. Understanding what this year, would require the President again to terminate the President’s we know now—that our military is to begin safely redeploying U.S. troops unending mission in Iraq. making progress on the ground and from Iraq within 90 days of enactment, In order to make clear our legislation that their commanders request from us and it would require the redeployment will protect the troops, we have added the time and support necessary to suc- to be completed by June 30, 2008. language requiring that redeployment ceed in Iraq—it is inconceivable that At that point, with our troops safely ‘‘shall be carried out in a manner that we in Congress would end this strategy out of Iraq—and I repeat that—at that protects the safety and security of just as it is beginning to show real re- point, with our troops safely out of United States troops,’’ and we have sults. Iraq, funding for the war would be specified that nothing in this amend- We see today that after nearly 4 ended, with four narrow exceptions: ment will prevent U.S. troops from re- years of mismanaged war, the situation providing security for U.S. Government ceiving the training or equipment they on the ground in Iraq is showing de- personnel and infrastructure, training need ‘‘to ensure, maintain, or improve monstrable signs of progress. The final the Iraqi security forces, providing their safety and security.’’ So I hope reinforcements needed to implement training and equipment to U.S. service we will not be hearing any more phony General Petraeus’s new counterinsur- men and women to ensure their safety arguments about troops on the battle- gency plan have been in place for over and security, and conducting targeted field somehow not getting the supplies 2 months, and our military, in coopera- operations limited in duration and they need. tion with the Iraqi security forces, is scope against members of al-Qaida and Other amendments might set goals making significant gains in a number other affiliated international terrorist for redeployment or merely call for a of areas. organizations. change in mission, but those proposals General Petraeus reported in detail By enacting Feingold-Reid, we can fi- do not go far enough. Nor is it suffi- on these gains during his testimony in nally focus on what should be our top cient to pass legislation that allows both Houses and in countless inter- national security priority—waging a substantial numbers of U.S. troops to views. The No. 2 U.S. commander in global campaign against al-Qaida and remain in Iraq indefinitely. As the Iraq, GEN Ray Odierno, said today— its affiliates. Our amendment will President’s Iraq policy continues un- Madam President, I ask unanimous allow targeted missions against al- checked, we need to invoke the power consent to have printed in the RECORD Qaida in Iraq, but it will not allow the and the responsibility bestowed upon an article today by AP concerning Gen- administration to maintain substantial us by the Constitution and bring this eral Odierno’s comments saying ‘‘that numbers of U.S. troops in that country. to a close. a seven-month old security operation The amendment will also allow train- This war doesn’t make sense. It is has reduced violence by 50 percent in ing of Iraqis who have taken steps to hurting our country, our military, and Baghdad but he acknowledged that ci- address serious concerns about the loy- our credibility. It is time for this war vilians were still dying at too high a alties of the ISF. The Government Ac- to end. The American people know rate.’’ countability Office has found that the this, and they are looking to us to act. There being no objection, the mate- ISF have been infiltrated by Shia mili- I hope we will not let them down again. rial was ordered to be printed in the tia, and General Jones’s recent report Madam President, I reserve the re- RECORD, as follows: indicated ISF are compromised by mi- mainder of my time. I yield the floor. U.S. COMMANDER: VIOLENCE DOWN IN litia and sectarian alliances. In addi- The PRESIDING OFFICER. The Sen- BAGHDAD tion, there have been several reports of ator from Arizona. (By Katarina Kratovac) ISF attacks upon U.S. troops. That is Mr. MCCAIN. Madam President, I rise The No. 2 U.S. commander in Iraq said why we do not allow training for Iraqis to oppose the amendment offered by Thursday that a seven-month-old security who have been involved in sectarian vi- my good friend from Wisconsin. I would operation has reduced violence by 50 percent olence or attacks upon Americans. prefer to be discussing other reform in Baghdad but he acknowledged that civil- We also prevent the ‘‘training’’ ex- issues with him than this one, but this ians were still dying at too high a rate. ception from being used as a loophole is an important amendment. The comments came as relations between to keep tens of thousands of U.S. As usual, the Senator from Wisconsin the U.S. and Iraqi governments remained strained in the wake of Sunday’s shooting troops in Iraq. We do this by stipu- makes a passionate and persuasive involving Blackwater USA security guards, lating that U.S. troops providing train- case. Unfortunately, the pending which Iraqi officials said left at least 11 peo- ing cannot be embedded or take part in amendment would mandate a with- ple dead. Prime Minister Nouri al-Maliki combat operations with the ISF. Train- drawal of U.S. combat forces within 90 suggested the U.S. Embassy find another ing should be training, not a ruse for days of enactment and cut off funds for company to protect its diplomats. keeping American troops on the front our troops in Iraq after June 30, 2008. The Moyock, N.C.-based company has said lines of the Iraqi civil war. Of course, One exception would be for a small its employees acted ‘‘lawfully and appro- U.S. troops can take part in combat op- force authorized only to carry out nar- priately’’ in response to an armed attack against a State Department convoy. erations specifically against al-Qaida rowly defined missions. But a survivor who said he was three cars and its affiliates. The Senate, once again, faces a sim- away from the convoy denied the American Some of my colleagues will oppose ple choice: Do we build on the suc- guards were under fire, claiming they appar- this amendment. That is their right. cesses of our new strategy and give ently started shooting to disperse more than

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11790 CONGRESSIONAL RECORD — SENATE September 20, 2007 two dozen cars that were stuck in a traffic dent. Conflicting accounts were circulating U.S. political influence in Iraq was jam. among Iraqi officials themselves. ‘‘collapsing rapidly,’’ and said Tehran ‘‘It is not true when they say that they Land travel by U.S. diplomats and other was ready to help fill any power vacu- were attacked. We did not hear any gunshots civilian officials outside the fortified Green before they started shooting,’’ lawyer Hassan Zone was suspended following the Iraqi gov- um. He stated at a news conference in Jabir said from his hospital bed. ernment order that Blackwater stop work- Tehran, referring to U.S. troops in On Thursday, Lt. Gen. Raymond Odierno ing. Iraq: told reporters that car bombs and suicide at- The U.S.-based company is the main pro- The political power of the occupiers is col- tacks in Baghdad have fallen to their lowest vider of bodyguards and armed escorts for lapsing rapidly. Soon, we will see a huge level in a year, and civilian casualties have American government civilian employees in power vacuum in the region. Of course, we dropped from a high of about 32 to 12 per day. Iraq and banning it from Iraq would hamper are prepared to fill the gap, with the help of He also said violence in Baghdad had seen and make movement of U.S. diplomats and neighbors and regional friends like Saudi a 50 percent decrease, although he did not others difficult. Arabia, and with the help of the Iraqi Na- provide details about how the numbers were Al-Maliki, who disputed Blackwater’s tion. obtained and said that was short of the mili- version of what happened, spoke out sharply That is what this is about. That is against the company Wednesday, saying the tary’s objectives. what this is about. Let us make no ‘‘What we do know is that there has been government would not tolerate the killing of a decline in civilian casualties, but I would its citizens ‘‘in cold blood.’’ mistake about the cost of such an say again that it’s not at the level we want He also said the shootings had generated American failure in Iraq. In his testi- it to be,’’ Odierno said. ‘‘There are still way such ‘‘widespread anger and hatred’’ that it mony before the Armed Services Com- too many civilian casualties inside of Bagh- would be ‘‘in everyone’s interest if the em- mittee last week, General Petraeus re- dad and Iraq.’’ bassy used another company while the com- ferred to an August Defense Intel- Al-Qaida in Iraq was ‘‘increasingly being pany is suspended.’’ ligence Agency report that stated: pushed out of Baghdad, ‘‘seeking refuge out- Eager to contain the crisis, the State De- A rapid withdrawal would result in the fur- side’’ the capital and ‘‘even fleeing Iraq,’’ partment said Wednesday a joint U.S.-Iraqi ther release of strong centrifugal forces in Odierno said. commission will be formed. Iraq and produce a number of dangerous re- Lt. Gen. Abboud Qanbar, the Iraqi military The size and composition of the commis- sults, including a high risk of disintegration commander, said that before the troop build- sion have yet to be determined but its mem- of the Iraqi Security Forces; a rapid deterio- up, one-third of Baghdad’s 507 districts were bers are charged with assessing the results of ration of local security initiatives; al-Qaida- under insurgent control. both U.S. and Iraqi investigations of Sun- Iraq regaining lost ground and freedom of ‘‘Now, only five to six districts can be day’s incident, reaching a common conclu- maneuver; a marked increase in violence and called hot areas,’’ he said. ‘‘Al-Qaida now is sion about what happened and recom- further ethno-sectarian displacement and left only with booby-trapped cars and road- mending possible changes to the way in refugee flows; and exacerbation of already side bombs as their only weapon, which can- which the embassy and its contractors han- challenging regional dynamics, especially not be called quality operations, and they do dle security, the State Department said. with respect to Iran. not worry us.’’ Mr. MCCAIN. He said that the vio- Qanbar also reported the release of 1,686 lence, as I said, has been reduced by These are the likely consequences of detainees from Iraqi jails. some 50 percent, that car bombs and a precipitous withdrawal, and I hope Odierno said the U.S. military had sepa- the supporters of such a move will tell rately released at least 50 detainees per day, suicide attacks in Baghdad have fallen to their lowest levels in a year, and us how they intend to address the or a total of at least 250, since beginning an chaos and catastrophe that would sure- amnesty program for inmates as a goodwill that civilian casualties have dropped gesture linked to the Islamic holy month of from a high of 32 per day to 12 per day. ly follow such a course of action. Ramadan. His comments were echoed by LTG Should this amendment become law, Meanwhile, a U.S. soldier died Wednesday Abboud Qanbar, the Iraqi commander, and U.S. troops begin withdrawing, do in a non-combat incident in Anbar west of who said that before the surge began, they believe Iraq would become more Baghdad, the military said, adding that the one-third of Baghdad’s 507 districts or less stable? That the Iraqi people be- incident was under investigation. come more or less safe? That genocide After the shooting Sunday in the Mansour were under insurgents’ control. Today, he said, only five to six districts can be becomes a more remote possibility or district of western Baghdad, Blackwater even likelier? That al-Qaida will find it spokeswoman Anne E. Tyrrell said the em- called hot areas. ployees acted ‘‘lawfully and appropriately’’ I want to be clear to my friend from easier to gather, plan, and carry out in response to an armed attack against a Wisconsin and my colleagues, none of attacks from Iraqi soil, or that our U.S. State Department convoy. this is to argue that Baghdad or other withdrawal will somehow make this But Iraqi witnesses claim seeing regions have suddenly become safe or less likely? Blackwater security guards fire at civilians that violence has come down to accept- No matter where my colleagues came randomly. down in 2002 about the centrality of Speaking from his bed in the Yarmouk able levels. As General Odierno pointed out, violence is still too high and there Iraq to the war on terror, there can hospital four days after the incident, Jabir simply be no debate that our efforts in said he was one of the wounded when are many unsafe areas. Nevertheless, Blackwater’s security guards opened fire in such positive developments illustrate Iraq today are critical to the wider Nisoor Square. General Petraeus’s contention last struggle against violent Islamic extre- He said he was stuck in a traffic jam near week that American and Iraqi forces mism. Earlier this month, GEN Jim Nisoor Square in western Baghdad when he have achieved substantial progress Jones, who was widely quoted by oppo- saw the American convoy of armored vehi- under their new strategy. nents of this new strategy, testified be- cles and black SUVs parked about 20 yards The road in Iraq remains, as it al- fore the Armed Services Committee away at an intersection, apparently fol- and outlined what he believes to be the lowing an explosion. ways has been, long and hard. The Jabir said the Americans began yelling to Maliki government remains paralyzed consequences of such a course. disperse the vehicles, then opened fire as the and unwilling to function as it must, A precipitous departure which results in a cars were trying to turn around. and other difficulties abound. No one failed state in Iraq, will have a significant ‘‘Some people, including women and chil- can guarantee success or be certain boost in the numbers of extremists, jihadists dren, left their cars and began crawling on in the world, who will believe they will have about its prospects. We can be sure, toppled the major power on earth and that the street to avoid being shot but many of however, that should the Congress suc- them were killed. I saw a 10-year-old boy all else is possible. And I think it will not jumping in fear from one of the minibuses ceed in terminating the new strategy only make us less safe; it will make our and he was shot in his head. His mother by legislating an abrupt withdrawal friends and allies less safe. And the struggle jumped after him and was also killed,’’ Jabir and a transition to a new, less effec- will continue. It will simply be done in dif- said, adding that his car flipped over in the tive, and more dangerous course— ferent and in other areas. chaos. should we do that, then we will fail for I don’t see how General Jones could The incident has angered Iraqis, uniting certain. have made himself more clear and suc- them in blaming U.S. forces for the violence I wish to remind all of my colleagues cinct, and yet I continue to hear selec- in their country and backing the govern- of a statement made by the President tive quotes from his commissioned re- ment’s announcement to ban Blackwater from Iraq. of Iran approximately 1 week ago. ports and his testimony that somehow U.S. and Iraqi officials announced they Every American should hear this state- would lead people to believe he would would form a joint committee to try to rec- ment. Iranian President Mahmoud support such a proposal as being made oncile widely differing versions of the inci- Ahmadi-Nejad declared yesterday that today by my friend from Wisconsin.

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11791 Should we leave Iraq before there is a which supplies sufficient force levels to briefly respond to a couple of the issues basic level of stability, we invite chaos, carry out the mission—is the correct that were brought up by the Senator genocide, terrorist safe havens, and re- one. It has become clear by now we from Arizona. The Senator from Ari- gional war. We invite further Iranian cannot set a date for withdrawal with- zona and I agree absolutely on some- influence at a time when Iranian out setting a date for surrender. thing: We fear failure in the fight operatives are already moving weap- This fight is about Iraq, but not against terrorism. We want to defeat ons, training fighters, providing re- about Iraq alone. It is greater than those who attacked us on 9/11. sources, and helping plan operations to that and more important still about For me, the fight is a global fight, kill American soldiers and damage our whether America still has the political which we have been distracted from efforts to bring stability to Iraq. If our courage to fight for victory or whether due to Iraq. So what I am concerned notions of national security have any we will settle for defeat, with all the about is that a continued effort in Iraq meaning, they cannot include permit- terrible things that accompany it. We could lead to the ultimate failure in ting the establishment of an Iranian- cannot walk away gracefully from de- the fight against those who attacked dominated Middle East that is roiled feat in this war. Consider one final us on 9/11. It could lead to a surrender, by wider regional war and riddled with statement from the August National a true surrender against those who de- terrorist safe havens. Intelligence Estimate. It reads: clared war on our country on Sep- The supporters of this amendment re- We assess that changing the mission of the tember 11, 2001. So that is the failure I spond they do not by any means intend Coalition forces from a primarily counterin- fear. That is the failure I want to make to cede the battlefield to al-Qaida. On surgency and stabilization role to a primary sure doesn’t happen, because we have the contrary, their legislation would combat support role for Iraqi forces and to protect the American people. allow U.S. forces, presumably holed up counterterrorist operations to prevent AQI The Senator from Arizona points out in forward operating bases, to carry from establishing a safe haven would erode the very difficult problem of Iran, any security gains achieved thus far. out ‘‘targeted operations, limited in which is related to but also separate duration and scope, against members of Should we pass this amendment, we from the question of al-Qaida. al-Qaida and other international ter- would erode the security gains our He says: What happens if we leave rorist organizations.’’ But such a provi- brave men and women have fought so Iraq? sion draws a false distinction between hard to achieve and embark on the Let me tell you something. What we terrorism and sectarian violence. Let road of surrender. For the sake of are doing in Iraq right now is the best us think about the implications of or- American interests, our national val- deal Iran ever had. We take all the dering American soldiers to target ues, the future of Iraq, and the sta- hits, we lose the people, we pay for ev- ‘‘terrorists’’ but not those who foment bility of the Middle East, we must not erything, and their influence in Iraq in- sectarian violence. Was the attack on send our country down this disastrous creases every day. And they do not the Golden Mosque in Samarra a ter- course. All of us want our troops to have to worry about a restive Sunni rorist operation or the expression of come home, and to come home as soon population in their country because sectarian violence? When the Madhi as possible. But we should want our they are not moving into Iraq directly. army attacks government police sta- soldiers to return to us with honor, the But if we left, they would have to tions, are they acting as terrorists or honor of victory that is due all of those think twice about their own stability, as a militia? When AQI attacks a Shia who have paid with the ultimate sac- if they tried to mess around in Iraq di- village along the Diyala River, is that rifice. We have many responsibilities rectly. terrorism or sectarian violence? What to the people who elected us, but one So, almost unbelievably, our strategy about when an American soldier comes responsibility outweighs all the others, in Iraq plays into both the hands of al- across some unknown assailant bury- and that is to protect this great and Qaida and Iran. It is the most foolish ing an IED in the road? Must he check good Nation from all enemies foreign move we could make in the fight for an al-Qaida identity card before re- and domestic. I urge my colleagues to against those who attacked us on 9/11 sponding? vote ‘‘no’’ on the Feingold amendment. and against those who are being very The obvious answer is such acts very Madam President, I yield the floor. threatening to us at this point in the often constitute terrorism in Iraq and The PRESIDING OFFICER. The Sen- name of the Iranian leader. It is the sectarian violence in Iraq. The two are ator from Wisconsin. wrong strategy in both regards. deeply intertwined. To try to make an Mr. FEINGOLD. Madam President, I The Senator from Arizona asks: How artificial distinction between terrorism surely agree with the Senator from Ar- are we going to get other countries en- and sectarian violence is to fundamen- izona. I also wish we were out here gaged if we leave Iraq? It is the reverse. tally misunderstand al-Qaida’s strat- working on something else, perhaps None of these bordering countries are egy, which is to incite sectarian vio- one of our political reform bills. We going to get serious. None of them are lence. It is interesting that some sup- had started working on our campaign going to become engaged if they think porters of this amendment embrace the finance reform bill long before 9/11, and we are going to just stay there—for a recent GAO report, which said it could we are still working on those issues to- couple of reasons. One is, Why should not distinguish between sectarian vio- gether. It is certainly tragic for this they? We are there putting up with all lence and other forms of violence be- country that, instead, we are mired in the violence and difficulties and taking cause that would require determining a situation in Iraq that takes us away all the losses. They don’t have to spend an intent—an impossible task. Yet not only from our national security anything. these same supporters would have our issues but also our domestic issues that The Senator from Arizona and I troops in the field attempt to do just need attention. heard the Kuwaitis talk about this in that. Our military commanders say But I thank my colleague from Ari- Kuwait, saying: Well, you know, you trying to artificially separate counter- zona. He argues on the merits. He went in there; now you deal with it. If terrorism from counterinsurgency will doesn’t hide behind the resume of a we are not in there, not only Iran and not succeed, and that moving in with general or talk about or use some other Syria, Jordan and others have a defi- search-and-destroy missions to kill and person as a human shield. He talks nite interest in Iraq not being chaotic. capture terrorists only to immediately about the merits of the issue. He and I That is when they start to perform. cede the territory to the enemy is the have had a chance, thanks to his invi- The other problem is, How can these failed strategy of the past 4 years. We tation on two occasions, to visit Iraq Islamic countries help stabilize Iraq should not and must not return to such and look at what was happening. now when in their countries our in- a disastrous course. Frankly, we just come to different con- volvement in Iraq is perceived as an oc- The strategy General Petraeus has clusions. In fact, we couldn’t be more cupation of an Islamic country? So our put into place—a traditional counterin- far apart on this issue. Nonetheless, I very strategy stymies the potential for surgency strategy that emphasizes pro- respect the way he argues and the way stability being assisted by the other tecting the population, which gets our we discuss this, and I thank him for it. countries in the region. troops out of the bases and into the In a moment, I will turn to one of my Those are just a couple of responses areas they are trying to protect, and colleagues to speak, but I want to on the merits to some of the points

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11792 CONGRESSIONAL RECORD — SENATE September 20, 2007 made by the Senator from Arizona. I mittee. There were very good questions tion, to this sad point. It is enough to firmly believe our strategy is hurting raised by members of both parties, but say that they have been given every our country desperately in terms of our I commend my colleague from Vir- chance. For months and months, they national security, and that is why I ginia, Senator JOHN WARNER, the denied that there was a civil war in and others offer the amendment. former chairman of the Armed Services Iraq. Then, when denial became impos- At this point, I would like to yield 10 Committee, the ranking member sible, and when the bipartisan Iraq minutes to one of the strongest advo- today, for his simple question. We have Study Group report gave them a cates for this policy of trying to termi- often seen this happen in history. It is unique chance to change course, they nate this involvement, the Senator one simple sentence, one simple ques- scrapped the report and gambled on a from Connecticut. tion—not the complicated, multiphrase surge. The PRESIDING OFFICER (Mr. question, which gets into all the nu- Then we were told that, despite the SALAZAR). The Senator from Con- ances and details of an issue—that will administration’s catastrophic policy necticut. shed the most light on where we stand. failures, we should take their word for Mr. DODD. Mr. President, let me say Senator MCCAIN said something a it—that we couldn’t judge this new tac- to both my colleague from Wisconsin minute ago with which I totally agree, tic’s success until American forces had and my colleague from Arizona, I was and Senator FEINGOLD reiterated it. ‘‘surged’’ to their maximum levels. And the floor manager of the McCain-Fein- The primary purpose, the fundamental that would take up 6 months. gold campaign finance reform legisla- issue before this body, before every Once the surge was at full force, we tion. I feel as though, in a sense here, Member here and certainly before the were told yet again that the time I am assuming the role again as the President of the United States, is the wasn’t right, that we had to withhold manager between the McCain and Fein- issue of the safety and security of our judgment again and wait until General gold camps on this question. They were country. That is our paramount re- Petraeus’s report. And last week, Gen- two people who joined forces together sponsibility above all else—to keep our eral Petraus came before Congress and on a critical issue before our country, country safe and secure. So the four- told us—to wait some more. and I was honored and pleased to man- line question that was raised to Gen- For what? age the legislation which was named eral Petraeus in his testimony on Sep- Early this month, Comptroller Gen- for them. tember 11 was the most important eral David Walker testified that ‘‘the We find ourselves here again on a dif- question, in many ways, that was primary point of the surge was to im- ferent subject matter and assuming dif- asked of him. prove security . . . in order to provide ferent roles. I am not managing the Senator Warner: Do you feel that [the Iraq political breathing room’’ for the Iraqi issue, but I would be remiss if I didn’t war] is making America safer? Government. also express my deep respect for my General Petraeus: I believe that this is in- Seven hundred American service men colleague, the Senator from Wisconsin, deed the best course of action to achieve our and women sacrificed their lives for for his leadership and my affection and objectives in Iraq. that breathing room, and nearly 4,400 respect for my colleague from Arizona, Senator Warner: Does it make America took wounds for it. What has the Iraqi with whom I have worked on a number safer? Government done with it? It failed to of issues over the years. General Petraeus: I don’t know, actually. meet its own political benchmarks, I rise in support of the Feingold-Reid ‘‘I don’t know, actually.’’ It could be failed to enact oil legislation, sus- amendment. I believe it is a very im- the epitaph of this war. And to the tained a mass resignation of Sunni portant amendment. This may be the families of the 3,791 men and women politicians, leaving more than half of critical vote, candidly, on whether we who lost their lives in Iraq, it must be its cabinet seats vacant, and enjoyed a are going to persist over the coming cold comfort indeed that the com- month-long vacation. months, until January 2009, in a policy manding general has not even con- At the height of the surge, a BBC poll that has failed—or whether we can ac- vinced himself that this war serves our reported that 60 percent of Iraqis—and tually make a difference here, and security. But in another sense, General 93 percent of Sunnis—think it is justi- change the direction of this policy, and Petraeus gave precisely the right an- fied to kill American troops. It is no give our Nation a sense of new hope, swer. He has no opinion because it is surprise that Walker concluded that new optimism, and give those who have his job to have none. ‘‘as of this point in time, [the surge] served so valiantly an opportunity to His job is to execute a mission—work has not achieved its desired outcome.’’ come home or to engage in an area that he has done with great fortitude That is what the surge has gotten us. where their leadership is needed. This and intellect. But the job of deciding What has it gotten Iraqis? At the very is the moment. This may be the one op- whether the mission serves our inter- best, a reduction in violence to still- portunity we have between now and ests—deciding what our interests are, catastrophic early-2006 levels. And even 2009 to make a difference on this issue. deciding what the mission itself will so, the statistics we saw last week were This is no small proposal; this is a seri- be—that is a task for the general’s su- extremely subject—as are all statis- ous one. periors—that is, the President of the tics—to the biases of those compiling For those who would like to wish it United States, this body and the other, and categorizing them. According to were a little bit this way or that way, and the American people, who are our the Washington Post, ‘‘Intelligence an- that is no reason to be against it. Sen- superiors. alysts . . . are puzzled over how the ator FEINGOLD, once again, has offered This amendment is our best at- military designated attacks as combat, us an opportunity here to make a dif- tempt—maybe the only attempt—to sectarian, or criminal’’—difficult cat- ference in this policy. This may be the give voice to their shared conclusion: egorizations that, I might add, make one real opportunity we get to do that. that our current course has failed to all the difference to selling the surge My hope is that in the next hour and a make Iraq safer, has failed to make as success, or recognizing it as a fail- half, those who are listening to this de- America safer, and so must change dra- ure. bate, thinking about this, will under- matically. The amendment would ac- Comptroller General Walker added stand the moment before us, and take complish two critical things. that ‘‘there are several different advantage of this opportunity, and One: Redeploy combat forces from sources in the administration on vio- make a decision that could affect the Iraq. lence, and those sources do not agree.’’ future of our country in this century. Two: Focus those forces remaining One intelligence official put it suc- Out of 2 full days General Petraeus on counterterrorism, training Iraqi cinctly: ‘‘Depending on which numbers spent testifying before Congress, I forces, and force protection for U.S. you pick, you get a different outcome.’’ think the most telling exchange took personnel and infrastructure. In that context, it is significant that only four lines. There were hearings I will not rehearse for you the admin- the military cannot track, and does that went on in the House of Rep- istration’s ever-shifting justifications not track, Shiite-on-Shiite and Sunni- resentatives. We had hearings in the and stalling and stonewalling that on-Sunni violence. And in Baghdad Foreign Relations Committee and have brought us, with a battered mili- alone, according to the Iraqi Red Cres- hearings in the Armed Services Com- tary and an equally battered reputa- cent, ‘‘almost a million people . . .

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11793 have fled their homes in search of secu- counterterrorism operations; second, Bush’s budget ignores. As we squander rity, shelter, water, electricity, func- training and Iraqi forces; and third, billions of dollars every week in Iraq, tioning schools or jobs to support their protecting U.S. personnel and infra- they are calling out for help to meet families.’’ structure. our military’s needs to repair the dam- And those are the results with the It is beyond clear that continuing age this administration has caused. surge—a surge that, given the ex- our course in Iraq harms America in Our top generals and admirals know hausted state of our military, cannot the broader fight against terrorism. In better than anyone how deeply our physically be sustained. The adminis- an article in the Financial Times, Gid- military is hurting. We must meet tration’s supporters need to explain to eon Rachman summarized the key these obligations to our war-fighters us: Without the surge, what could pos- ways the war in Iraq has actually because it is, in the end, our obligation sibly happen, that has not taken place strengthened terrorism: by diverting to keep safe the people we represent. already, to bring political reconcili- resources from fighting al-Qaida in Af- As I said at the outset, the question ation to Iraq? ghanistan; by turning Iraq into a failed from Senator JOHN WARNER—the sim- What more could possibly happen to state and terrorist-incubator; by deliv- ple, one-line question asked of General quell the violence between and among ering al-Qaida a potent recruiting tool; Petraeus—was the single most impor- Iraq’s Sunnis and Shiites? What new and by harming America’s standing tant question asked during 2 days of development could possibly change the with its traditional allies, whose co- hearings: Are we safer? The answer, face of this war? We all know the hon- operation is necessary to foil terror- tragically, is no. What a disaster if this est answers to those questions. ists. All four reasons are clearly being war of choice ultimately left us un- And so the choice we have today is enhanced because of our continued ready and unarmed to fight a war we not, as some would have it, between military presence in Iraq. did not choose. victory and defeat. That has never been On the other side of the coin, tightly Clear data, long experience, and com- the issue. We can choose indefinite war focusing our Iraq mission actually aids mon sense tell us all how to answer the for invisible gains; or we can choose to our security in the long run. question that General Petraeus could cut our losses here and recognize that That certainly is the case when you not. I do not blame him for staying si- there is a better opportunity with a consider the quote from a recent IPS lent. It is his duty, in that moment, to different course of action. I can’t re- article on CENTCOM’s commander, be agnostic. I understand that. But it is member a more painful choice in all ADM William Fallon—General our duty not to be agnostic. We do not my years in this body. But to govern is Petraeus’s superior, I might add. Admi- have that luxury as Members of the to make just such painful choices, ral Fallon ‘‘believed the United States Senate charged with the responsibility without fear or flinching. And I believe should be withdrawing troops from Iraq of deciding whether this conflict goes the American people are far ahead of us urgently, largely because he saw great- on. We cannot remain silent. We cannot on this issue—they’ve made their er dangers elsewhere in the region.’’ beg off the answer to that question: choice. We must make ours as their With al-Qaida reconstituting itself on Representatives. Are we safer? Are we more secure? We the Pakistan-Afghan border, I could This amendment seeks to put that know what the answer is. Now we bear not agree more. choice into action and to stop Iraq’s the responsibility to this generation With redeployment complete, I want downward spiral. First, it sets firm and and to history to answer the question. our military to begin to regather its enforceable timelines for the phased re- It is our duty to choose, a duty to strength. After a one-time redeploy- deployment of combat troops out of choose at this moment, even when ment cost estimated by the Congres- Iraq. there is heartache in either hand. I sional Budget Office at $7 billion, The redeployed forces would be com- choose to draw the line here because I prised of a majority of the deployed which is about equal to this war’s cost cannot stand to lose one more life in Army Brigade Combat Teams and the every month, our Armed Forces will the name of misplaced hope and blind Marine Expeditionary Force currently have the resources needed to prepare faith. in theater. Some may claim that such for future challenges. I call on our colleagues, both Demo- a redeployment is logistically impos- Those resources are sorely needed. crats and Republicans, not to lose this sible within the timeframes laid out in Long, arduous deployments are not moment. This will be the only moment, the amendment. But I would remind only testing the morale of our troops I suspect, before January of 2009 to an- them that in the ramp-up to the first and families, they are taxing critical swer this question. How many more gulf war, the Department of Defense stocks of aircraft, vehicles, and other lives will be irreparably damaged and coordinated the movement of over equipment. Two-thirds of the U.S. lost because we failed to answer the 500,000 troops, and 10 million tons of Army—two-thirds of the U.S. Army—is question posed by our colleague from cargo and fuel in the same timeframe unable to report for combat duty. Wisconsin, which I am proud to join that this amendment grants to rede- According to the National Guard Bu- him in asking today. Let us bring this ploy a force one-fifth the size. reau Chief, LTG Steven Blum, ‘‘88 per- tragic chapter in our history to a close In January of 1991—1 month alone— cent’’—his words, not mine—‘‘88 per- and offer new hope to this country, and the Transportation Command moved cent of the Army National Guard the Iraqis, and that desperate region. 132,000 troops and 910,000 tons of equip- forces that are back here in the United I yield the floor. ment. So it is clear that we have the States are very poorly equipped The PRESIDING OFFICER (Mrs. LIN- wherewithal to end this war, if Con- today.’’ COLN). The Senator from Wisconsin. gress could find the will. At the same That shortage affects National Guard Mr. FEINGOLD. Madam President, I time, we cannot simply wish the con- units in every State, and every one of thank the Senator from Connecticut flict away. We do have enemies in Iraq, our colleagues knows it. It is the pic- for his very strong statement in sup- enemies equally committed to killing ture of a military that has been ground port of our amendment, and even more Americans and sowing sectarian vio- into the dirt, unit by unit, machine by for his extremely passionate and con- lence. That is why this amendment machine, soldier by soldier. sistent support all year. carves out exceptions to the general re- Do the President’s supporters think I yield 10 minutes to another cospon- deployment. this can go on forever? Will they come sor of the amendment, the assistant Using the name of al-Qaida is a to this floor and claim we are invulner- majority leader, Senator DURBIN. means to frighten Americans into buy- able? If General Petraeus does not Mr. DURBIN. Madam President, will ing a far broader agenda of continuous know, actually, whether this war is the Chair please advise me when I have occupation. It’s no coincidence that, in making us safer, let’s ask another 2 minutes remaining? President Bush’s televised remarks on question: Is this war endangering our Madam President, this room we work Iraq last week, the word ‘‘al-Qaida’’ security? in, this Chamber where the Senate crossed his lips some 12 times in a Our military’s top generals and admi- meets, is a Chamber that has seen a lot speech roughly 15 minutes long. rals know the answer to that question. of history in its time. There have been The amendment makes three non- They have submitted to Congress a list moments of great pride, and, unfortu- combat exceptions: first, conducting of critical priorities that President nately, moments I am sure where the

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11794 CONGRESSIONAL RECORD — SENATE September 20, 2007 opposite has occurred in the history of I voted against the war that evening, brate democracy in Iraq. And the first this great Chamber. 1 of 22 Democrats, less than a majority question they have to resolve is, are It has been my honor to represent the of our own, with 1 Republican. Of all they Iraqis first or are they members wonderful State of Illinois for 10 years the votes that I have ever cast in the of a religious sect first? I do not think as a Senator. Fewer than 2,000 Ameri- House and Senate, it is the one of that question has been resolved. It cer- cans have ever had this chance to serve which I am the proudest. I have never tainly has not been resolved in parts of as a Senator. But the men and women looked back with any doubt about that the Muslim world for 14 centuries, and who have been given the opportunity vote, not one time. sadly the crucible of this battle now is are also given a responsibility far be- Look what has happened since. Al- Iraq. yond the responsibility of any indi- most 3,800 of our best and brightest Our soldiers, our men and women in vidual citizen. sons and daughters of Illinois and uniform, have been tossed into this Votes come and go. If you put me on every State in the Union have died in bloody, deadly sectarian fight that con- the spot and say: Tell me all your votes Iraq. Thousands have been injured, tinues by the day. The Iraqi Govern- from 2 weeks ago, I would be hard some gravely injured. I visit their hos- ment finds excuse after excuse not to pressed to remember. But there are pital rooms, I meet with their families, produce the most basic elements of some votes you can never forget. I watch as they struggle to make life governance, and as they plunder and Whether as a Member of the House of out of a broken body, trying to regain blunder away, our soldiers die in the Representatives or a Member of the the spirit to look forward instead of streets of their cities. Senate, I have found the votes that backward. It is a bitter struggle. I have had it. Someone said to me gnaw into my conscience and keep me Today, Senator FEINGOLD of Wis- earlier: Well, are the American people awake at night are votes related to war consin gives us a clear choice. Will we putting a lot of pressure on you about because when you vote on war, you continue this war or will we bring it to this war? know that at the end of the day, if you a close? Will we change our mission I said in response: The American peo- move forward, people will die. It may and start to bring our troops home or ple could not put more pressure on me be the enemy, but it is likely to also will we allow this war to continue? about this war than I already feel. I include many of your own and innocent I sincerely hope my colleagues on feel for every one of those soldiers I sat people. both sides of the aisle will look care- down with for lunch in that country. I So in October of 2002, just weeks be- fully at his amendment. He has worked feel for all of them I see shipping out fore reelection, we gathered in this long and hard on it. from my State and all across America. Chamber late at night, with the Presi- He makes it clear that we are not I feel for every wife and husband back going to pick up and leave tomorrow. dent who insisted that we vote to give home, trying to keep these kids to- We are going to redeploy in an orderly him authority to go to war in Iraq. It gether during a lengthy deployment. fashion. We are going to make certain was not that long after we had given The PRESIDING OFFICER. The Sen- our war against al-Qaida can still be him the authority to go after those re- ator has 2 minutes remaining. waged within Iraq and wherever they sponsible for 9/11, our current war in Mr. DURBIN. I feel it is time for a raise their ugly heads. He is also going Afghanistan against the Taliban and change. I cannot in good conscience to make sure that we protect our own al-Qaida. continue to give this President a blank and make certain that we provide But sadly before that vote, the Amer- check for this war because I know what training assistance, limited, but train- ican people were misled; misled by the he is going to do with that money. He ing assistance to the Iraqis so they can President, the Vice President, the Cab- is going to continue this failed policy stand up and defend their own country. with no end in sight. We are going to inet, and the leaders of our Nation So many of our colleagues have come continue to lose 100 or more soldiers about the war in Iraq. The information to the floor and said: Do not change a every single month until he can back given us about that war was wrong. We thing. Stick with the strategy. Well, I out of the exit of this Presidency on were told that Saddam Hussein was a have been there three times now. I was threat to the United States of America. just there a few weeks ago. It is a grim, January 20, 2009. I am sorry, but I can no longer be That was not true. He was a bloody ty- sad, horrific situation in Iraq. And party to financing what I consider to rant, ruthless with his own people. He there is no way to sugarcoat it. No re- be the worst foreign policy mistake in would certainly not win the approval of port from any general or any ambas- our history. I will support Senator anyone in this Chamber for what he sador can change the reality of what is had done to his nation, but he was not happening on the ground there. FEINGOLD. I will provide the funds for a threat to us. To be given body armor when you go the orderly redeployment of our troops We were told about weapons of mass into Iraq, and a helmet, and be told: to make sure that the terrorists are destruction that beat the drums of war You better wear this wherever you go, fought where they should be fought and and had our people anxious to respond tells me this is not a safe country. In to do what we can to help the Iraqis. quickly to protect us. People in the the fifth year of this war, the safest But in the fifth year of this war, it is White House were talking about mush- area in Baghdad, in the Green Zone, time to change. room-shaped clouds and chemical they tell you: Put the body armor and Now, I listen on the floor of the Sen- weapons and biological weapons and helmet down at the end of the bed be- ate while many of my colleagues want stockpiles and aerial photographs to cause when the sirens go off you have to change the subject. They want to prove that they all existed. It turned 4 to 6 seconds to put it on. talk about ads and newspapers about out none of that was true. See, we cannot have rocket attacks General Petraeus. Well, let me tell you The most grievous sin in a democ- into what we call the safest area of something. I respect General Petraeus. racy is to mislead the American people Baghdad. There are parts of that city But we have more important things to into a war, and that is what occurred. where they would not even consider do than debate ads in newspapers. And We were misled into a war that night sending a Congressman or a Senator, instead of looking for ways to change with a vote in this Chamber. On that just too dangerous, in the fifth year of the subject, we need to join together in evening there were 23 of us who voted this war with 160,000 or 170,000 of the a bipartisan fashion to change the war. against that war. There were a variety best soldiers in the world. That is why we are here. That is what of reasons, but most of us believed the This administration is in complete we will be judged by. And the question President had not made a solid case for denial about what is occurring in Iraq. is whether we will stand up now that the war, for the invasion of Iraq, and They are in complete denial about we have a choice and a vote. Will we that he had not thought through what what the American people feel about march in blind allegiance to a Presi- might occur if we made that invasion. this war. And they are in complete de- dent who has brought us to this sad, I can recall one of my colleagues say- nial about the utter failure of the Iraqi tragic moment in our history or will ing: It is far easier to get into a war Government to lead its own people for- we in the Senate have the courage, on than it is to get out. In the fifth year ward. a bipartisan basis, to stand up for peo- of this war, that certainly has been The Iraqis need to make some funda- ple across America, for our soldiers and proven true. mental decisions before we can cele- their families who need a change in

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11795 policy, need a change in direction, and The Democratic Congress will con- issue. As someone who voted against need to be brought home? tinue to fight this administration’s this war from its outset, I rise in I yield the floor. failing policy, and help chart a new strong support of the Feingold-Reid The PRESIDING OFFICER. The Sen- way forward in Iraq. This amendment amendment. The last time we gathered ator from Wisconsin. is the first step in that direction, and I to vote on a change of course in Iraq Mr. FEINGOLD. I yield 3 minutes to strongly urge all my colleagues to sup- was July 18, approximately 2 months the cosponsor of the Feingold-Reid port it. ago. Since that day, the Iraqi Par- amendment, the Senator from New I salute my colleague from Wisconsin liament, with its country in the grips York, Mr. SCHUMER. for his undaunted leadership. He is way of a civil war, with much work to do to The PRESIDING OFFICER (Mr. ahead of his time on this issue. I am a achieve political reconciliation, took a SALAZAR). The Senator from New York. cosponsor of the Feingold amendment month-long vacation. Since that day, Mr. SCHUMER. Mr. President, I rise because I believe it is imperative we four bombs were set off in concert in today to discuss the situation in Iraq change the mission in Iraq to reflect northern Iraq, leaving more than 500 and the continuing efforts of this ad- the ugly reality on the ground. We are dead, the deadliest coordinated attack ministration and my colleagues on the worse off today in Iraq than we were 6 since the beginning of the war. Since other side of the aisle to paint a rosy months ago. Our troops are doing an that day, despite a much ballyhooed picture, when the situation in Iraq sug- excellent job—make no mistake about cease-fire in Al Anbar, Shiek Abu gests otherwise. it—but if the whole purpose was to Risha, our main ally in the province, First, I thank Senator CARL LEVIN strengthen the Government, by every was murdered, a mere 10 days after he for the good work that he and the com- shook hands with President Bush. mittee have done on drafting the De- standard the Government is weaker. Despite the fact that 70 percent of Since that day in July when we last fense authorization bill. Next, I would had a chance to change course, another like to take a few minutes to discuss Iraqis believe the surge has worsened the overall security and political situa- 160 sons and daughters of America have Senator FEINGOLD’s amendment. lost their lives in Iraq. Another 160 tion of their country, it remains ter- I am a cosponsor of the Feingold flag-draped caskets flown to Dover, an- ribly clear that President Bush and my amendment because I believe it is im- other 160 renditions of ‘‘Taps’’ played colleagues on the other side of the aisle perative that we change the mission in at tear-soaked funerals, another 160 are equally determined to maintain our Iraq to reflect the ugly reality on the American families who will have an ground. present failing course in Iraq. To empty seat at the table come Thanks- We are worse off today in Iraq than change that course does not require giving. we were 6 months ago. The position of weak medicine. It requires strong med- So here we are again. The calendar America, democracy and stability con- icine. That is what the Feingold changes but the challenges do not. Yet tinue to erode. If there was ever a need amendment is. again we meet on the Senate floor to for a change of course in Iraq, it is Months ago, the violence in Iraq de- consider another proposal to respon- now. volved into a civil war between the sibly and safely transition our mission Despite the fact that 70 percent of Shiites and Sunnis, and U.S. troops are in Iraq and bring our troops home, out Iraqis believe that the surge has wors- stuck in the middle. Our troops have of another country’s civil war. Yet ened the overall security and political no business policing a civil war, and we again, as we have heard many times be- situation of their country, it remains should not continue to do that with our fore through the course of this failed terribly clear that President Bush and troops, with our dollars, and with the war policy, the President and his loyal- my colleagues on the other side of the heart and soul of this Nation. We must ists in this Chamber are using that aisle are equally determined to main- change course, and we must do what it tired refrain: The plan is working. It tain our present, failing course in Iraq. takes to change course. needs more time. We cannot leave. Months ago, the violence in Iraq de- That is why I support the Feingold Now, as then, these words ring hol- volved into a civil war between the amendment. It will ensure that most of low. The administration that brought Shiites and the Sunnis, and U.S. troops our troops will be safely redeployed us the search for weapons of mass de- are still stuck in the middle. Our from Iraq by next summer, and those struction, the ‘‘cakewalk,’’ and ‘‘last troops have no business policing a civil who remain will undertake a mission throes’’ is now pitching ‘‘a return on war. that reflects the reality in Iraq. This success.’’ But this President lost his And the fundamentals in Iraq stay amendment will make sure U.S. troops credibility on Iraq about the time he the same: there is no central govern- are no longer policing a civil war be- stood on an aircraft carrier underneath ment and the Shiites, the Sunnis and tween Sunnis and Shiites. It will let a banner reading ‘‘mission accom- the Kurds dislike one another far more the Maliki Government know U.S. plished,’’ almost 41⁄2 long years ago. than they like or want any central gov- troops will not remain in Iraq indefi- The administration may be shopping a ernment. This dooms the administra- nitely. Only that understanding will new catch phrase, but we are not buy- tion’s policy in Iraq to failure. make the Iraqi Government move for- ing anything they are selling anymore. That is why I am here in support of ward. The President, armed with question- the Feingold amendment. This amend- The Democratic Congress will con- able statistics, presented us an open- ment will ensure that most our troops tinue to fight this administration’s ended, no-exit plan for the sons and will be safely redeployed from Iraq by failing policy until we change it. One of daughters of America who continue to next summer, and those that remain the best tools we have to do that is the fight and die in Iraq. As a matter of will undertake a mission that reflects amendment offered by the Senator fact, he said it will be up to the next the reality in Iraq. from Wisconsin. President, in 2009 and beyond. U.S. troops will conduct limited I yield the floor. The reality is that ‘‘a return on suc- counterterrorism missions, and they Mr. FEINGOLD. Mr. President, I cess’’ is ‘‘staying the course’’ by an- will train Iraqi security forces that thank the Senator from New York for other name. We have tried this road. support the U.S. mission. We will not his support and his very strong, effec- We have gone down it for 41⁄2 years, train Iraqis that have attacked U.S. tive statement about how important it with no turn of the wheel. Going down troops. is that we move forward on this amend- this road has diverted attention from This amendment will make sure that ment. Osama bin Laden, who is back in busi- U.S. troops are no longer policing a I now yield to another of our excel- ness and roaming free in a safe zone civil war between the Sunnis and the lent cosponsors and supporters along the Afghanistan-Pakistan bor- Shiites. It will let the Maliki Govern- throughout this process, the Senator der. It has fomented terrorism, cre- ment know that U.S. troops will not, from New Jersey, 10 minutes. ating a training ground in Iraq and al- nor cannot, remain in Iraq indefinitely. The PRESIDING OFFICER. The Sen- lowing al-Qaida to regroup to its Only that understanding will make the ator from New Jersey. strongest level since September 11, ac- Maliki Government move forward in Mr. MENENDEZ. Mr. President, I cording to intelligence estimates. It the difficult process of political rec- thank the distinguished Senator from has stretched our military thin, wear- onciliation that Iraq needs. Wisconsin for his leadership on this ing down troops serving extended

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11796 CONGRESSIONAL RECORD — SENATE September 20, 2007 tours, depleting our Reserves and Na- tations, fail to meet legally established has no answer—none but the ever-expanding tional Guard, and compromising na- benchmarks brought in by the Iraqi use of military force and the lives of our tional security with a diminished pre- Government as well as our own, passed brave soldiers in a conflict where military paredness to tackle other international in law by the Congress, signed by the force has failed to solve anything in the past. threats. It has cost us dearly in na- President, change the discussion. Mov- Our past teaches us our current tional treasure and, most importantly, ing the goalposts may appease some in struggle and our current predicament precious lives. this Chamber, but it does not help us are best solved by a new course. Future Going down this road has not brought achieve a lasting peace that is ulti- generations will judge this war policy stability to Iraq nor made us any safer mately more important. and the choice to continue it indefi- at home. It is clear we are being driven When all else fails, the President and nitely harshly. They will still be pay- down a dead-end street by an adminis- his supporters often respond to rightful ing the price. We have another oppor- tration without a roadmap for a lasting criticism of their disastrous war plan tunity today to write an end to this sad peace. Now they expect the American with a question meant to change the chapter, to turn the page and recommit people to buy the no-exit occupation subject: What are your ideas? What to strengthening the military and tar- they are selling, the deployment of they fail to realize is a majority of geting Osama bin Laden. We have the more than 130,000 American troops for Congress and an overwhelming major- opportunity to change history for the as far in the future as the eye can see. ity of the American public have long better. No end in sight? been unified behind a course of action I urge my colleagues to begin that Today we are living with the con- that we believe gives us the best change today and vote for a new course sequences of the administration’s chance for success and security, both in Iraq by supporting the Feingold failed policy. Over 3,700 troops have in Iraq and at home. That is the pur- amendment. been killed in Iraq since the beginning pose of this amendment. A responsible I yield the floor. of the war, including 97 servicemem- transition of our mission and with- The PRESIDING OFFICER. The Sen- bers with ties to the State of New Jer- drawal of our troops from Iraq on one ator from Wisconsin. sey. We have now spent over $450 bil- hand gives a sense of urgency to the Mr. FEINGOLD. Mr. President, I lion on the war in Iraq, with a burn Iraqi Government and security forces thank the Senator from New Jersey for rate of $10 billion a month. Frankly, I that is currently absent. Until they ac- his sponsorship of our amendment and never believed the administration’s es- tually believe we will not be there for- for his powerful statement on its be- timate that the so-called surge would ever, they will not take control of their half, recognizing the reality of what is only cost $5.6 billion, and these new own country. At the same time, bring- happening in Iraq and our need to numbers only prove once again we have ing our troops home allows our over- change course. been misled. burdened military to regroup. It allows How much time do we have remain- Despite the meager improvements in us to have the capability to respond to ing on our side? the Anbar Province cited in General other threats in the world that might The PRESIDING OFFICER. The Sen- Petraeus’s report last week, the situa- arise. It allows the replenishment of ator has 32 minutes. tion in Iraq continues to grow worse. our National Guard which is currently Mr. FEINGOLD. Mr. President, I re- Sectarian violence surrounding Bagh- stretched so thin that response to dis- serve the remainder of my time and dad has surged this past week in con- asters in the homeland has been af- suggest the absence of a quorum. nection with the holy month of Rama- fected. Yesterday it was announced The PRESIDING OFFICER. The dan. At least 22 people have been killed that half the Army National Guard in clerk will call the roll. in a series of bombings and shootings my State of New Jersey—that is 6,200 The legislative clerk proceeded to in Diyala and Kirkuk. Moreover, GEN soldiers—will be deployed as soon as call the roll. William Caldwell has reported there is next year, almost 2 years before the de- Mr. GRAHAM. Mr. President, I ask evidence Sunni extremist groups in ployment was originally scheduled. unanimous consent that the order for Iraq have been receiving funds from That will leave our National Guard at the quorum call be rescinded. Iran. In terms of reconstruction, oil half strength in a State at serious risk The PRESIDING OFFICER. Without production in Iraq is still lower than it for a terrorist attack. That is 6,200 sol- objection, it is so ordered. was before the war 41⁄2 years ago, and diers taken away from their loved ones Mr. GRAHAM. Mr. President, I ask Baghdad is getting approximately 7 to be tossed into another country’s unanimous consent to be recognized for hours of electricity a day, significantly civil war. 5 minutes to speak in opposition to the less than before the war. Most important about our plan and Feingold amendment. How can we be expected to support a this amendment, it allows American The PRESIDING OFFICER. Without war plan about which every inde- families who have been separated and objection, it is so ordered. pendent report portrays a situation of stressed by an ill-conceived war to be Mr. GRAHAM. Mr. President, as to chaos far away from stability or polit- made whole again. The alternative is the author of the amendment, no one ical reconciliation? In fact, according an endless occupation in Iraq with should ever question his motivation, to the latest report card on Iraqi more American blood spilled and no his patriotism. He has been a firm be- progress, the President’s war policy is light at the end of the tunnel. liever that we should be out of Iraq as still flunking. Even if the debatable Throughout this war many have soon as possible. Senator FEINGOLD be- metrics used to compile the report are drawn the obvious parallels between lieves our continued presence in Iraq is solid, half of the benchmarks have not this failed war policy and another creating more terrorism in terms of even seen a minimal amount of quagmire 40 years ago. The comparison solving the problem; it is creating the progress. Now that it is clear the in some respects is valid and impor- problem in a larger sense. I personally benchmarks are perhaps impossible to tant. It is said those who do not learn disagree. achieve with our current strategy, we the lessons of history are doomed to re- The reason al-Qaida went to Iraq is see a concerted effort to play them peat it. Because I fear history is being not because we were in Iraq. They went down in terms of their importance. repeated, I wish to draw upon the to Iraq because of what the Iraqi people In General Petraeus’s testimony, it words of Robert Kennedy, who served are trying to do. We are all over the was evident. The original goals of the in this Chamber and delivered this world. They have not followed us to escalation, to give the Iraqi Govern- statement about the Vietnam War in every country we have been in. They ment and political factions breathing March of 1968: have decided to make Iraq a central room to achieve reconciliation, have We are entitled to ask—we are required to battlefront in their war against mod- not been met. The benchmarks are now ask—how many more men, how many more eration because they fear a successful an afterthought and success is being lives, how much more destruction will be outcome among the Iraqis. The biggest measured in different and less strin- asked, to provide the military victory that is fear of an al-Qaida member is that a always just around the corner, to pour into gent terms. It is a recurring pattern this bottomless pit of our dreams? group of Muslims will get together and that no longer fools anyone: Make a But this question the Administration does be tolerant of each others’ differences bold proclamation, fail to meet expec- not and cannot answer, it has no answer. It when it comes to religion, and elevate

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11797 the role of a woman so she can have a with now. A failed state is a state that Petraeus had laid out the strategy and say about her children. That is why al- breaks apart, people stop trying to what was happening on the surge, Sen- Qaida is in Iraq. work with each other, and regional ator WARNER asked him: General, are The military surge has produced re- players come in and take sides. we safer? Is America safer? He then sults beyond my expectation. The old A dysfunctional government is what first began to answer that question by strategy clearly was going nowhere. we have in Iraq, probably what we have talking about the fact that he was pro- After about my third visit to Iraq, here. A dysfunctional government has ceeding on the mission that had been after the fall of Baghdad, I had lost hope of getting better because people given to him. faith in the old strategy and those who keep trying. So the way to have a gov- Then he was asked again, and I be- were proposing it was working. This ernment go from a dysfunctional sta- lieve it was the third time he was new general has come up with a new tus to a secure, stable status is to pro- asked by the Senator. He was asked: Is idea. This is not more of the same with vide security. I want this dysfunctional America safer? The general said: I more people. You are getting out be- government to act sooner rather than don’t know. hind walls. You are getting out into later, just as you do, I say to the Pre- Three-quarters of a trillion dollars the community. We are living with the siding Officer. The best way to make spent, lives lost—thousands of lives, Iraqi Army and police force—very good that happen is to ensure that the poli- hundreds of thousands of Iraqis and in- gains in terms of operational capabili- ticians involved understand we have a nocent civilians—and the answer is: I ties of the Iraqi Army. We are going to commitment to their cause that will don’t know. I think the American peo- have to start all over with the police. embolden them. ple do know. But the surge has allowed a real di- The Feingold amendment, no matter I think the American people under- minishment of the al-Qaida footprint how well intentioned, will reenergize stand that when we are directing our in Anbar Province. Anytime Sunni an enemy on the mat and make it forces—our brave men and women, the Arabs turn on al-Qaida anywhere in the harder to reconcile Iraq. That is why I best trained, the most highly recog- world, that is good news. So the surge urge a ‘‘no’’ vote. nized and effective troops in the has provided us a level of security not I yield back. world—when we are placing them in known before. It has been al-Qaida’s The PRESIDING OFFICER. Who the middle of a civil war in Iraq, and worst nightmare. There is still a long yields time? then we turn on our television sets and way to go. The Senator from Maine. we see the man who has the organiza- Senator FEINGOLD’s amendment Ms. COLLINS. Mr. President, I ask tion that attacked us and killed over would basically bring the surge to a unanimous consent that I be permitted 3,000 Americans on American soil halt. It would withdraw troops at a to speak as in morning business for up speaking to us through a video, com- very rapid pace. We would be out of to 5 minutes. menting on American politics and what Iraq by June of next year. My big fear The PRESIDING OFFICER. Is there is happening here in the Senate, they is, instead of reinforcing reconcili- objection? are appalled. People understand we ation, it would freeze every effort to Without objection, it is so ordered. should be addressing ourselves to the reconcile and people would start mak- (The remarks of Ms. COLLINS are people who attacked us and the real ing political decisions based on what printed in today’s RECORD under threats we have. We know where they happens to their country when there is ‘‘Morning Business.’’) are, at least close to where they are. no security. The PRESIDING OFFICER. Who We know the region, and we need to re- The American mistake of the ages yields time? deploy our troops to address the was letting Iraq get out of control, not Mr. MCCAIN. Mr. President, I suggest threats that have, in fact, been serious having enough troops. We paid heavily the absence of a quorum and ask unani- for America—not the middle of a civil for that mistake. Now we have it mous consent that the time in the war, but the people who attacked us, turned around. Militarily, politically quorum call be equally divided. and those now who have joined them in they are not where they need to be in The PRESIDING OFFICER. Without their cause. terms of the Iraqis. But the best way, I objection, it is so ordered. My husband is a veteran of the Air believe, to get political reconciliation The clerk will call the roll. Force and the Air National Guard; 14 to happen in Baghdad is to make sure The assistant legislative clerk pro- years. He reminds me all the time that those who are trying to reconcile their ceeded to call the roll. our men and women in uniform are country—families—are not killed. So Mr. FEINGOLD. Mr. President, I ask doing their duty to complete the mis- the better the security you can pro- unanimous consent that the order for sion that is laid out for them in a vide, the more likely the reconcili- the quorum call be rescinded. democratic society by their civilian ation. The PRESIDING OFFICER. Without leaders, by their President, by their One thing is for sure: more troops objection, it is so ordered. Congress. They look to us, they are have helped embolden the Iraqi people Mr. FEINGOLD. Mr. President, I counting on us to make sure it is the in terms of extremists. They are taking yield 5 minutes to the Senator from right one, to give them what they need, on extremists after the surge better Michigan, Ms. STABENOW. but to also give them a strategy that than they had ever done before the The PRESIDING OFFICER. The Sen- makes sense. They are counting on us surge. I think this confidence given to ator from Michigan. to ask tough questions, to probe. They the Iraqi people by a surge of military Ms. STABENOW. Mr. President, I are there putting their lives on the line support has paid dividends. first thank my friend and colleague every single day. Their families are at We need political, economic, and from Wisconsin for his foresight and home sacrificing every single day, and military support to continue, not just his leadership on this very critical they are counting on us to get this because of Iraq but because of our own issue, the most critical issue facing our right. national interest. If I thought it were country. As one of the people who voted no on only about who ran Iraq, I would be I rise today to support the Feingold going into this war in Iraq, I now join willing to leave. It is not about who amendment, as I have in the past. The with colleagues in saying: Enough is controls Iraq. It is about whether we American people want us to stop this enough. This has to change. There are can create a stable, functioning gov- direction we are going in and to, in real threats. We need to refocus and re- ernment in Iraq that would contain fact, bring our military home so they deploy in the name of safety for Ameri- Iran and deny al-Qaida a safe haven. If can be effectively refocused, to rede- cans. But we need to make sure we are it were only about sectarian differences ploy to address the real threats that ending this civil war participation we and a power struggle for Iraq, it would are facing America. have put our soldiers into. The Fein- be a totally different dynamic. We all heard during the Armed Serv- gold amendment does this. It brings To me, Iran is ready to fill a vacuum. ices hearing the distinguished Senator our troops home and refocuses them, If we have a failed state, that is a mili- from Virginia, Mr. WARNER, ask what I redeploys them, as we should, in a way tary, political, and economic problem think is the most important question that will truly focus on the ways to far worse than the ones we are dealing to General Petraeus. After General keep us safe for the future, so that

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11798 CONGRESSIONAL RECORD — SENATE September 20, 2007 when the next general is testifying be- The rules in the Senate are such as I have reached out to my colleagues fore the Armed Services Committee they are, and I live by them, and I love on the other side of the aisle time and and that general is asked: Is America this institution. The fact is, the Repub- time again. With the exception of safer, we can join together and say yes. licans have stopped us from enacting about five or six courageous Senate Re- The PRESIDING OFFICER. The Sen- policies supported by a majority in the publicans, these efforts have been ator from Wisconsin is recognized. Senate and in the House and, by far, rebuffed. That is their right. I under- Mr. FEINGOLD. Mr. President, I am the American people by filibustering stand that. There is nothing the Demo- very grateful to the Senator from the Webb amendment, the amendment cratic majority can do to force the Re- Michigan for her support and for her about which I just spoke. publican colleagues to vote the respon- statement as well. We don’t have to take my word for sible way. When I talk about the Demo- At this point, I want to turn to the this. Headlines from newspapers from cratic majority, remember, it is a slim majority leader. I am delighted that he around the country—from the Wall majority—51 to 49. With Senator JOHN- has joined me on this amendment and Street Journal: ‘‘Republicans Block SON ill until a week or so ago, it was 50 has been such a strong leader over the Troop Measure.’’ From the Associated to 49. But so long as young Americans many months since the election in try- Press: ‘‘GOP Opposes Bill Regulating continue to fight and die and be wound- ing to end this war in Iraq. I thank him Combat Tours.’’ From Reuters: ‘‘Sen- ed in another nation’s civil war with no for his courage and his leadership, and ate Republicans Block Iraq Bill.’’ end in sight, we are going to keep I yield him 10 minutes. Headline after headline all across this fighting to responsibly bring them Mr. REID. Mr. President, I, too, ap- country—‘‘Senate Republicans Block home, rebuild our military, and return preciate the work of the junior Senator Iraq Bill.’’ our focus to fighting the real war on from Michigan on this legislation. She I understand the Senate is a delibera- terror against Osama bin Laden and his is truly a great Senator and does so tive body that was created to prevent al-Qaida network. much to help her State and our great haste and promote consensus. But what By the way, we hear today he has an- country. we are seeing here on this issue, the other video coming. I don’t know if he I don’t seek any attention. I get some issue of the war in Iraq, is a far cry will be gray-bearded this time or on occasion, but I don’t seek it. But, from deliberation. It is obstructionism, black-bearded, but he has another today, I want everyone to understand. strictly outright obstructionism. That video coming, and it is on its way with- On this amendment, I want this is what we saw yesterday, and except in a matter of a few days. amendment to be known as the Fein- for a courageous few, that is what we The President and his Republican gold-Reid amendment. I proudly add continue to see from the Republican supporters here in the Senate say we my name, as I have from the very be- Senate. They represent a small minor- should just continue the current pol- ginning, to this amendment. This is ity of the American people. icy; things are going OK, so couldn’t the future. We must proceed, and we Countless Republicans have said the we just let things keep going on as will, at some time with this legisla- right thing. Countless Senators who they are, and hopefully—I guess they tion. are Republicans say the right things think things will turn out OK. But tell Yesterday, the Senate voted, once when they go home. They say: We must that to the 20,000 Iraqis who flee their again, on legislation with real teeth support our troops, we must protect country every month, left homeless that would protect our troops and pre- our national security, and we must and hopeless. Tell that to the families vent the President from irresponsibly change course in Iraq. But here, these of innocent civilians, 1.2 million of overburdening these troops. It was a same Republican Senators, when they them who have been killed in this war. good amendment. It simply said: If you come back to Washington, have con- Tell that to the 2 million Iraqi refugees are in country for 15 months in a war sistently voted the wrong way. They who are in Jordan and Syria and any- in Iraq or Afghanistan, then come have voted to put their arms around place they can find. Tell that to the home and spend at least 15 months. the Bush war and to make it also their families of 3,800 dead American troops, The old rule used to be you would be war. Back home, they assert their inde- that things are going OK. Tell the fam- home twice that long, three times that pendence, but in Washington, they ilies of the countless thousands who long, but now, no, we have our troops walk in lockstep with the President have been grievously wounded in this going back on fourth tours of duty and continue to support his failed war. war that it is OK, we just need a little within a couple of years. This has led General Petraeus, whom we have more patience and a little more time. to all kinds of problems in our States. talked about all morning, has said the Tell our troops who have served us so Look at the people who have been war cannot be won militarily. That is bravely, so bravely without proper killed and injured during their second what he said. Can we work together? Of equipment on occasion or rest, that tour of duty or their third tour of duty. course we can. We have proven that. now is not the time to change course of I can’t get out of my mind, and I never Not on this, not on the Iraq war, but the war. will, Anthony Schober from Las we have worked together this year on Today, we have another chance to Vegas—no, he was from northern Ne- bipartisan issues. We have made forge a responsible and binding path vada—I am sorry. He knew he wasn’t progress. We hope to have next week out of Iraq. The amendment before us going to come back from his fourth the SCHIP health care for children. We is the best path for the United States tour of duty. He told everybody. He have done stem cell research on a bi- and for the people of Iraq. Should we told his family. He said: I have been partisan basis. We passed an energy bill care about the people of Iraq? Of course too lucky. I have had explosions next with 62 votes; student financial aid— we should. The worst foreign policy to me. I have survived them all. I have the largest probably since the GI bill of blunder in the history of this country seen my buddies killed. I am not going rights; minimum wage; mental health was the invasion of Iraq. Am I glad we to come back. And he didn’t. He was parity. We have done a lot of good are rid of Saddam Hussein? Of course I killed. That is what the Webb amend- things working together. The issue am. What we have done to that country ment was all about. dealing with Iraq has been one side I have outlined in some detail here this The vote yesterday wasn’t a vote of against the other. afternoon. This amendment changes symbolism; it was a binding national I very much appreciate the Presiding our fundamental mission away from policy. Yet, again, the Republican mi- Officer. The Presiding Officer has policing the civil war, reduces our nority filibustered the Webb amend- worked his heart out trying to come up large combat footprint, and focuses on ment. The reason I say ‘‘filibustered with something that would change the those missions which are in the na- the Webb amendment’’ is because a course of the war in Iraq, and I admire tional security interests of our coun- majority in the House and the Senate and appreciate his having done this. He try. It uses Congress’s powers, its con- support a change in direction of the is continuing to do it. As we speak, he stitutional powers to limit funding war in Iraq. A majority in the House has people working to try to come up after June 1 of next year—that is well and a majority in the Senate have with something, a bipartisan consensus into the sixth year of the war—to coun- voted time and time again to change that would change the course of the terterrorism, force protection, and tar- direction, to bring our troops home. war in Iraq. geted training of Iraqi forces.

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11799 This amendment recognizes we have More than anything, Americans de- Mr. LEAHY. Mr. President, I strong- interests in Iraq, but it does not facili- serve the truth. We are losing men and ly support the Feingold amendment, of tate the open-ended role of U.S. forces women, without a clear idea of whether which I am a cosponsor. This is the in a civil war. I urge my colleagues to or when we can bring our troops home. strongest amendment for changing support this responsible legislation. It We are refraining from redeploying course in Iraq among the proposals is one more chance for the Senate to troops based on possibilities—possibili- that we will consider this week. It is chart a new way forward in Iraq. ties that are no worse than the reali- the only proposal that addresses the President John Kennedy: ties we are facing now. President’s failed Iraq policy head on, A man does what he must—in spite of per- Especially and mostly, we have lost and that would begin the much needed sonal consequences, in spite of obstacles and our focus. We have lost our focus on Af- redeployment of our forces within 90 dangers and pressures—and that is the basis ghanistan, on rooting out al-Qaida, days. of all morality. finding Osama bin Laden, and pro- The invasion of Iraq, and the catas- If we send this amendment to the tecting our borders. Instead, we spend trophe it has caused for the Iraqi peo- President, those who voted for it can $2.5 billion a week on a war—$2.5 bil- ple, for Iraq’s neighbors, and for the return home, look their constituents in lion a week on a war that even General United States, must end. It has been a the eyes, and tell them they had the Petraeus, by not answering Senator failure—a failure in terms of our stra- courage to finally do what is right for WARNER’s question, acknowledges this tegic interests, a failure in making us our troops and for our country. war is making us no safer. So we spend safer, a failure in terms of the Presi- Let me close by saying this: As my $2.5 billion a week and the war is not dent’s naive goal of imposing a new good friend knows, the comanager of making us safer and we are not doing Iraqi Government by force. this bill, we came to the Congress on what we should be in Afghanistan, Our troops have stepped up time and the same day of the same year 25 years what we should be doing in rooting out time again, many of them sacrificing ago. I respect the senior Senator from al-Qaida, what we should be doing in their lives, and many more suffering Arizona because he doesn’t hide what finding Osama bin Laden, and what we severe injuries. Their performance has he stands for. I admire him. He stands should be doing in protecting our bor- been superb. Despite what the Presi- for what he thinks is the right thing to ders. dent and some who defend his policies do. I disagree with him, but what I am Instead, we are mired in a civil war, say, our troops are not the issue. The criticizing is not my friend from Ari- with no end in sight. As long as the issues are the glaring shortfalls, and zona. I am reaching out to my friends Iraqis, as Senator FEINGOLD said, and the appalling incompetence, of the across the aisle who say one thing at so many of us who have wanted to have President’s strategy. home, issue press releases one way, and a plan to redeploy our troops out of The ‘‘surge’’ has not brought the then come here and vote another way. Iraq for 2 or 3 years now—as long as Iraqi factions any closer to political So it is time we do the right thing. I our commitment looks open-ended, as believe it is the right thing. Look what reconciliation, which after all is the ul- long as there is no end in sight to this has happened to our country since this timate goal of the surge strategy. In civil war, there is no incentive for the invasion took place. We are mired in fact, the divisions among the Iraqi peo- Iraqis to do what they need to do; there civil war in Israel with Palestinians ple—already deep because of the brutal is no incentive for a political settle- fighting each other, we have a near manipulations of the Saddam Hussein ment, where Sunnis and Shia and civil war in Lebanon, and we have this regime—seem to be worsening. The terrible situation in Iraq. We have Iran Kurds work together on a political set- White House seems to have no idea how thumbing their nose at us, and our tlement with a political compromise, to call things off and get our troops out standing in the world community has and there is no incentive for the Iraqis from the middle of Iraq’s civil war. gone down, down, down. because they think we are always The cold hard truth is that the Presi- The PRESIDING OFFICER (Mr. NEL- going to be there in this open-ended dent has presented the American peo- SON of Nebraska). Who yields time? commitment to the civil war. There is ple with no real option, just more of Mr. FEINGOLD. Mr. President, I no incentive for them to do what they the same. If the President is going to yield 5 minutes to the distinguished need to do to build a military security ignore our true national interests by Senator from Ohio. and police security force until the prolonging this conflict, if the Com- Mr. BROWN. Mr. President, I thank Iraqis know that, yes, there is an end mander-in-Chief of our Armed Forces is Senator FEINGOLD and echo the words date. We need to pass the Feingold not going to take responsibility, then of the Democratic leader, the majority amendment and the message will be Congress, as representatives of the peo- leader, HARRY REID, and his comments that U.S. troops are going to redeploy ple, must be the catalyst to chart a about this war and about the future of out of Iraq, so it is now incumbent new course. our country and what we need to do. I upon the Iraqis to do what they need to The Iraqi Government is only getting rise in support of the Feingold amend- do through political compromise and more dependent on a continued Amer- ment. through building their military and po- ican presence. It is the consensus view General Petraeus confirmed that our lice security forces, and then Iraq can of our intelligence community, as re- troops, operating under horrific condi- move forward. As long as we stay flected in the latest National Intel- tions, are displaying the courage and mired in a civil war and they think it ligence Assessment, that there is no the skill that define this whole engage- is an open-ended commitment, we will prospect that in the next year the ment. Our troops have been coura- continue to see this lack of progress. Iraqis will come together and reach a geous. Our troops have been skillful. Military victories we can win, and political settlement. Our troops have been effective. Our have, and our soldiers and marines Even the new White House report, troops have been selfless. Our troops have waged and won those battles. But buttressed in part by the nonpartisan have done everything we have asked until we have a political victory, a and professional General Account- them to. compromise, a settlement, and the ability Office, shows that Iraq is get- But the civilians at the Pentagon and Iraqis build up their own security ting a failing grade in its ability to the politicians at the White House have forces, the war goes on and on. It is meet key military and political bungled this war. The administration time to bring our troops home in the metrics on its path toward reconcili- is selling one war and fighting another. safest and most orderly way we can, as ation and stability. They are selling a war where they are Iraq accomplishes other urgent goals, The administration cites the positive saying with a little more patience, we such as border security, and we address developments in Anbar Province as jus- can truly say ‘‘mission accomplished,’’ the issues in Afghanistan and with al- tification for continuing this perpetual as if we didn’t hear that last year and Qaida. deployment of American forces. There the year before and the year before I support the Feingold amendment. It has been progress there, much of it pre- that. The President’s fighting of the makes sense that we finally change dating the so-called ‘‘surge.’’ Hundreds war is one step forward, two steps course in Iraq and do the right thing of members of the Vermont National back, and one that will require perhaps for the Iraqi people and for our coun- Guard know how bad the situation was a decade-long engagement. try. in Anbar less than a year and a half

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11800 CONGRESSIONAL RECORD — SENATE September 20, 2007 ago, when these soldiers helped make complished. Our military forces de- mission on the Security Forces of Iraq up Task Force Saber in Ramadi. They feated the Iraqi army, hunted for non- that was led by retired Marine general were in the worst place in Iraq at the existent stockpiles of weapons of mass Jim Jones specifically pointed out the worst time. Since then the situation destruction, captured Saddam Hussein logistic shortfalls of the Iraqi security has clearly improved, and our troops and his sons, provided security for forces and that they would need to rely and their commanders deserve credit three elections, and trained 350,000 Iraq on Coalition support for this function. and our thanks for that tough and dan- police and army. My second chief concern is that re- gerous work. But there are some missions that are stricting appropriations for our mili- But the new-found calm is based on a beyond the capacity of our military. tary sends the wrong message to our set of agreements between Sunni tribes Our military cannot give the Iraqi peo- troops who are performing so hero- and American forces, not with the Iraqi ple the political will to achieve a na- ically on the battlefield in Iraq. It Government. The Iraqi Government tional reconciliation among Sunni, would also pose extraordinarily dif- sees newly organized and perhaps Shia and Kurds. And, our military can- ficult decisions for our field com- newly armed groups of Sunnis as a not convince Iraq’s neighbors to play a manders. They could be faced, for in- threat to its power, and it is doubtful positive role in ending the violence in stance, with determining whether a that will change any time soon. Iraq. member of the Iraqi security forces has In the meantime, the situation else- The Iraqi people do not want us in ever been involved in sectarian vio- where continues to implode. Iraq and 70 percent of them believe lence or in attacks against U.S. forces, Passage of the Feingold amendment that the surge has made the security because if they were they could not be would force the Iraqis—and neigh- situation worse. trained by our forces under the terms boring nations with a stake in Iraq’s Passage of the Feingold-Reid amend- of the amendment. Indeed, an incorrect future—to recognize that the open- ment will allow us to renew our focus determination could subject the com- ended deployment of U.S. forces is end- on al-Qaida. mander to violations of our ing. The drawdown of our forces, cou- I voted to go to war against al-Qaida. antideficiency laws which prohibit the pled with a strong U.S.-led diplomatic I strongly supported the decision to use expenditures of appropriated funds ex- initiative, might bring about the polit- military force in Afghanistan to oust cept to specified purposes. ical reconciliation that no amount of the Taliban government. But then this It is concerns such as these which additional military force can bring administration made one of the biggest lead me to vote ‘‘no’’ on the Feingold about. strategic blunders in the history of this amendment. It might also cause Iraq’s warring nation. It took its eye off of al-Qaida I yield the floor. ethnic factions to go their own way, and became obsessed with Iraq, a coun- The PRESIDING OFFICER. The Sen- splitting the country into separate try that had no links to al-Qaida. ator from Wisconsin is recognized. states. But that is where they are cur- The cochairs of the 9/11 Commission, Mr. FEINGOLD. I thank the Senator rently headed anyway. The administra- Tom Kean and Lee Hamilton, recently from Ohio for his important statement. tion’s policies and incompetence have wrote, ‘‘no conflict drains more time, I am grateful to him. I suggest the ab- brought us to the point where there are attention, blood, treasure and support sence of a quorum and ask unanimous no good options. But either of these from our worldwide counterterrorism consent that the time be equally di- scenarios is better than the future of- efforts than the war in Iraq. It has be- vided between the two sides. fered by the President. His war is cost- come a powerful recruiting and train- The PRESIDING OFFICER. Without ing us horrific casualties and enormous ing tool for al-Qaida.’’ objection, it is so ordered. sums that could be better spent repair- It is finally time to change the mis- The clerk will call the roll. ing our frayed international reputation sion in Iraq and redeploy our troops The bill clerk proceeded to call the and strengthening our security at out of the middle of this civil war. roll. home. And so, Mr. President, I urge the Mr. MCCAIN. Mr. President, I ask I urge my colleagues to take the only adoption of the Feingold-Reid amend- unanimous consent that the order for responsible step and pass this amend- ment. the quorum call be rescinded. ment that will finally bring our troops Mr. LEVIN. Mr. President, I agree The PRESIDING OFFICER. Without home. with much of the Feingold amendment, objection, it is so ordered. Mrs. BOXER. Mr. President, I rise in particularly as it relates to the desire Mr. MCCAIN. Mr. President, we are support of the Feingold-Reid amend- to transition the mission of U.S. forces about to have a vote. I again thank my ment. in Iraq and to commence the reduction friend from Wisconsin for the level of This amendment would remove our of U.S. forces from Iraq. Indeed, I have this debate. My only comment and con- troops from the middle of a civil war long sought those actions in an at- clusion is that I urge my colleagues to and give them three achievable mis- tempt to put the Iraqi security forces reject an amendment that basically re- sions. First, to conduct targeted oper- in the lead and to bring pressure on the turns the failed strategy we had for ations against al-Qaida and affiliated Iraqi Government to make the polit- nearly 4 years. I keep hearing, as I did terrorist organizations; second, to ical compromises necessary for rec- from the majority leader, it is time to train and equip Iraqi security forces onciliation among the three main Iraqi change course, time to change course. that have not been involved in sec- groups. Well, we did change course, thank God; tarian fighting or attacks against our My concerns with the Feingold that new course has been succeeding. forces; and third, to provide security amendment are principally two. First Do we have a long, hard struggle for U.S. personnel and infrastructure. of all, the mission to which U.S. forces ahead? Of course we do. After a few For all other U.S. forces not essential would be limited after June 30, 2008, are months of the new strategy—and I rec- to these three missions, the amend- too narrowly drawn and would not, in ognize the other challenges, such as ment calls for their safe redeployment my view, allow our forces to carry out the political one and the Maliki Gov- beginning in 3 months and to be com- the missions that would be required. ernment and the police. But I am con- pleted by June 30, 2008. For example, I don’t believe we should vinced the new strategy can succeed On May 16, the Senate failed to end a limit the duration and scope of tar- and the consequences of failure, as out- filibuster on the Feingold amendment geted operations against al-Qaida as lined by people who were opponents for by a vote of 29–67. Since that time, 389 the amendment provides. I also don’t the war in Iraq initially—this course of Americans have been killed in Iraq. In believe we should preclude our forces action, going back to the old failed fact this has been the deadliest sum- from being embedded with Iraqi forces. strategy would lead to chaos, destruc- mer for U.S. forces since the war I also believe the continuing mission of tion, deterioration, and an eventual re- began. U.S. forces should include providing lo- turn on the part of American military Our troops have done everything gistic support to the Iraqi security people with further service and sac- asked of them. They achieved every forces, which is prohibited by the Fein- rifice. mission they have been given. When gold amendment. In that regard, I I again thank my friend from Wis- they were given a clear task, it was ac- would note that the Independent Com- consin for his level of debate. I respect

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11801 very much his commitment to the se- Hatch McCain Smith ate resumes consideration of H.R. 1585 curity of this Nation. Hutchison McCaskill Snowe tomorrow, Friday, September 21, that Inhofe McConnell Specter I yield back the remainder of my Isakson Mikulski Stevens the time until 9:50 a.m. be equally di- time. Johnson Murkowski Sununu vided and controlled between myself The PRESIDING OFFICER. The Sen- Kyl Nelson (FL) Tester and Senator MCCAIN or our designees; Landrieu Nelson (NE) ator from Wisconsin is recognized. Thune that the time from 9:50 to 10 a.m. be Levin Pryor Vitter Lieberman Reed Mr. FEINGOLD. Mr. President, I, too, Voinovich under the control of the two leaders or Lincoln Roberts thank the Senator from Arizona for the Warner their designees, with the majority lead- Lott Salazar Webb quality of the debate and, in par- Lugar Sessions er or his designee controlling the final ticular, on such a difficult and emo- Martinez Shelby 5 minutes; that at 10 a.m., without fur- tional issue. I thank all the leadership NOT VOTING—2 ther intervening action or debate, the on our side for speaking on behalf of Senate proceed to vote in relation to our amendment. Biden Cantwell the Levin amendment, with no amend- I appreciate, in particular, the Sen- The PRESIDING OFFICER. Under ment in order to the amendment prior ator’s last comment. He and I share the previous order, requiring 60 votes to the vote; that the amendment be one top priority, and that is the na- for the adoption of this amendment, subject to a 60-vote threshold, and if it tional security of the United States of the amendment is withdrawn. does not achieve that threshold, the America. We disagree on what role this Mr. REID. Madam President, I move amendment be withdrawn; that upon Iraq situation plays. I think it weakens to reconsider the vote and to lay that disposition of the Levin-Reed amend- our country; he happens to think it motion on the table. ment, Senator BIDEN be recognized to will strengthen our country. But our The motion to lay on the table was offer his amendment; that whenever goals are the same. agreed to. the Senate resumes consideration of The PRESIDING OFFICER. The ma- This amendment is a reflection of my the Biden amendment, there be 30 min- jority leader is recognized. belief and the majority leader’s belief utes of debate prior to a vote in rela- Mr. REID. Madam President, for the that the only way to truly respond to tion to the amendment, with the time information of all Members, the two those who attacked us on 9/11 and stop equally divided and controlled between managers are trying to work out a con- them from continuing activities is to Senators BIDEN and MCCAIN, or their sent agreement that we would move stop the hemorrhaging of our country designees, with no amendment in order next to the Levin-Reed amendment, regarding the Iraq intervention. to the amendment prior to the vote. and we would debate that this after- With that, I yield the remainder of The PRESIDING OFFICER. Is there noon and vote on that in the morning. my time. objection? We are having a difficult time trying Mr. MCCAIN. Mr. President, have the Mr. MCCAIN. Reserving the right to to figure out what time to do it in the yeas and nays been ordered? object, I will not object. I wish to make morning. Some want early, some want The PRESIDING OFFICER. They it clear, according to the discussions late, but it won’t be earlier than 10:30. have not. the chairman and I had, the next We will work that out in just a bit, as Mr. FEINGOLD. Mr. President, I ask amendment that would be offered soon as the two managers have this for the yeas and nays. would be the Lieberman-Kyl amend- under control. ment, and this—we are not exactly The PRESIDING OFFICER. Is there a After that, with the permission of sure when that happens, because we are sufficient second? There is a sufficient the minority, after we finish the Levin- not sure at what point we return to the second. Reed amendment, we will move to the Biden amendment. It could be possible, The question is on agreeing to the Biden amendment. The managers of if we are not prepared to resume debate amendment. the bill know what that amendment is on the Biden amendment, we could The clerk will call the roll. about, and we will have further infor- begin debate on the Kyl-Lieberman The bill clerk called the roll. mation later, but that at least outlines amendment. But, in any case, the Kyl- Mr. DURBIN. I announce that the today and tomorrow. Senator from Delaware (Mr. BIDEN) and The Republican leader and I are talk- Lieberman amendment would be sched- the Senator from Washington (Ms. ing about how to work through Mon- uled for consideration depending on CANTWELL) are necessarily absent. day. There are different scenarios we how it fits in with the Biden amend- I further announce that, if present are working on. One thing is for sure, ment. I hope I was not confusing in that and voting, the Senator from Wash- we are going to do WRDA. We are going comment. ington (Ms. CANTWELL) would vote to move to that tomorrow, and we will The PRESIDING OFFICER. The Sen- ‘‘yea.’’ complete that sometime Monday or The PRESIDING OFFICER (Ms. KLO- ator from Michigan. Tuesday. Mr. LEVIN. I ask the Senator to BUCHAR). Are there any other Senators Mr. LEVIN. Madam President, I sug- yield. in the Chamber desiring to vote? gest the absence of a quorum. It is my understanding we are at- The result was announced—yeas 28, The PRESIDING OFFICER. The tempting to go back and forth when nays 70, as follows: clerk will call the roll. there are amendments on both sides, [Rollcall Vote No. 345 Leg.] The legislative clerk proceeded to and that the floor manager, Senator YEAS—28 call the roll. MCCAIN, would have the opportunity in Akaka Harkin Obama Mr. REID. Madam President, I ask any event to designate Senator KYL to Boxer Inouye Reid unanimous consent that the order for Brown Kennedy Rockefeller the quorum call be rescinded. offer an amendment. Byrd Kerry Sanders The PRESIDING OFFICER. Without I would agree that that then be the Cardin Klobuchar Schumer objection, it is so ordered. next amendment, if that is his intent, Clinton Kohl Stabenow Dodd Lautenberg Mr. REID. Madam President, there after the Biden amendment is either Whitehouse disposed of or is pending, and for rea- Durbin Leahy Wyden will be no more votes today. Feingold Menendez I suggest the absence of a quorum. sons that are obvious needs to be set Feinstein Murray The PRESIDING OFFICER. The aside, because it is not ready for reso- NAYS—70 clerk will call the roll. lution, then we would go to the Kyl- Alexander Carper Crapo The legislative clerk proceeded to Lieberman amendment. Allard Casey DeMint call the roll. The PRESIDING OFFICER. Without Barrasso Chambliss Dole Mr. LEVIN. Madam President, I ask objection, it is so ordered. Baucus Coburn Domenici Bayh Cochran Dorgan unanimous consent that the order for The majority leader. Bennett Coleman Ensign the quorum call be rescinded. Mr. REID. Madam President, we were Bingaman Collins Enzi The PRESIDING OFFICER. Without of the understanding that we had Bond Conrad Graham objection, it is so ordered. worked something out on WRDA, and Brownback Corker Grassley Bunning Cornyn Gregg Mr. LEVIN. Madam President, I ask hopefully that is the case, that we Burr Craig Hagel unanimous consent that when the Sen- would not have to do the cloture vote

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11802 CONGRESSIONAL RECORD — SENATE September 20, 2007 at noon on Monday, that we would (c) LIMITED PRESENCE AFTER REDUCTION fortable with slogans than strategies. have a vote on final passage of the bill AND TRANSITION.—After the conclusion of the We have a new one now, ‘‘return on at 5:30. But everyone should be aware reduction and transition of United States success.’’ It follows a long line of slo- that it appears someone on the minor- forces to a limited presence as required by gans, ranging from ‘‘when they stand this section, the Secretary of Defense may ity side has objected to that. If that is deploy or maintain members of the Armed up, we will stand down,’’ ‘‘mission ac- the case, we are going to go ahead and Forces in Iraq only for the following mis- complished,’’ and many others. But have our noon vote. I thought we had sions: what we need now at the national worked that out and I hope we can. But (1) Protecting United States and Coalition level, not at the circumscribed level of in fairness, whoever is holding this up, personnel and infrastructure. just Iraq, is a national strategy that in let us know one way or the other, be- (2) Training, equipping, and providing lo- the long run will deal with the signifi- cause Members need to know about gistic support to the Iraqi Security Forces. cant threats that face this country. what their schedule is going to be on (3) Engaging in targeted counterterrorism In the interim of our involvement operations against al Qaeda, al Qaeda affili- with Iraq, starting several years ago, Monday. We have people coming in ated groups, and other international ter- from all over the country. Some people rorist organizations. we have seen some remarkable develop- have to take all-night flights to get (d) COMPLETION OF TRANSITION.—The Sec- ments which suggest very strongly back for that 12 o’clock vote. Whoever retary of Defense shall complete the transi- that the strategy the President pur- is trying to make a decision on this, I tion of United States forces to a limited sued is deeply flawed. We have seen the wish they would do it as quickly as presence and missions as described in sub- resurgence of al-Qaida. That is not the possible—today is Thursday—in fair- section (c) by not later than nine months opinion of myself alone. It is the con- ness, so people can make their weekend after the date of the enactment of this Act. clusion of the National Intelligence Es- plans. We should know if, in fact, we Mr. LEVIN. Madam President, as I timate most recently released to the are going to have a vote at noon on understand it, there is no time agree- public. We are seeing a virtual—in fact, Monday. ment on this, other than that we com- a real safe haven in Pakistan for bin The PRESIDING OFFICER. The Sen- plete debate today on the Levin-Reed Laden, Zawahiri, and others. And from ator from Michigan is recognized. amendment, except for the time allo- that relative area of safety for them, Mr. LEVIN. Madam President, par- cated tomorrow morning? unfortunately, they are able both to di- liamentary inquiry: Under the unani- The PRESIDING OFFICER. The Sen- rect in a limited way actions across the mous consent that is now in operation, ator is correct. globe and also to inspire other unre- it is my understanding the Levin-Reed The Senator from Rhode Island is lated cells who are conducting these amendment would be called up. Is that recognized. operations. correct? Mr. REED. Madam President, I rise We just witnessed recently in Ger- The PRESIDING OFFICER. That is in support of the proposal my colleague many where, through good police and correct. Senator LEVIN has offered. I partici- intelligence work, the capture of a cell AMENDMENT NO. 2898 TO AMENDMENT NO. 2011 pated in this with him. This is a legis- comprising ethnic Germans who con- Mr. LEVIN. I call up the Levin-Reed lative proposal we have advanced in verted to Islam and Turks, who were amendment. various forms for over a year. It seeks, contemplating a major terrorist attack The PRESIDING OFFICER. The quite simply, to initiate a withdrawal against American facilities, not per- clerk will report. of our forces from Iraq. I think it is in- haps directly related to al-Qaida but The legislative clerk read as follows: teresting to note that General certainly inspired. And there is evi- The Senator from Michigan [Mr. LEVIN], Petraeus announced he too is recom- dence that suggests perhaps there was for himself and Mr. REED, proposes an mending a withdrawal of forces, about even some remote link. But they are amendment numbered 2898 to amendment 5,700 troops, before the end of this year, there in Pakistan in a safe haven. It No. 2011. which essentially complies with at seems to me ironic that the President Mr. LEVIN. Madam President, I ask least a portion of our proposal dating would talk about creating a safe haven unanimous consent the reading of the back over a year. in Iraq when, for all intents and pur- amendment be dispensed with. But it goes further than that. It poses, we are at least acknowledging, The PRESIDING OFFICER. Without would require a transition to three dis- recognizing, perhaps even not effec- objection, it is so ordered. crete missions from the open-ended tively acting against the safe haven in The amendment is as follows: war-based mission that today our Pakistan. (Purpose: To provide for a reduction and forces are pursuing. Also, when it comes to the discussion transition of United States forces in Iraq) The first mission would be counter- of a safe haven for Sunni jihadists in At the end of subtitle C of title XV, add the terrorism, which is essential not only Iraq, we have to recognize, too, that following: in Iraq but across the globe. That re- one of the benefits of the last several SEC. 1535. REDUCTION AND TRANSITION OF quires attention, energy, and persist- weeks in Iraq has been what is required UNITED STATES FORCES IN IRAQ. ence, and we would urge and support and called the Sunni awakening. That (a) DEADLINE FOR COMMENCEMENT OF RE- such a mission in Iraq; not just in Iraq, has been an incidental result of our in- DUCTION.—The Secretary of Defense shall but, frankly, worldwide. creased troop presence. It was not the commence the reduction of the number of The second mission would be to con- United States forces in Iraq not later than 90 purpose, but certainly it is a favorable days after the date of the enactment of this tinue to train Iraqi security forces and development. That is simply the result Act. provide robust training, support for of Sunni sheiks realizing that Sunni (b) IMPLEMENTATION OF REDUCTION ALONG those forces, because we need to pro- jihadists of al-Qaida are more a threat WITH A COMPREHENSIVE STRATEGY.—The re- vide the Iraqis the ability to defend to them, to their families, and to their duction of forces required by this section themselves and pursue opponents of way of life than the new government in shall be implemented along with a com- the legitimate Government of Iraq. Baghdad or the presence of American prehensive diplomatic, political, and eco- Third, and something that is essential forces. Through the able and effective nomic strategy that includes sustained en- every time we deploy our forces, is to gagement with Iraq’s neighbors and the and courageous work of American sol- international community for the purpose of protect our forces, to give commanders diers and marines, these sheiks have working collectively to bring stability to in Iraq the ability and the forces need- been enlisted to attack and are attack- Iraq. As part of this effort, the President ed to ensure that American forces will ing al-Qaida elements. That is a posi- shall direct the United States Special Rep- be protected. Those three missions rep- tive sign and tends, in my view, to resentative to the United Nations to use the resent not only what is in the long- mitigate against those dire warnings voice, vote, and influence of the United term interest of the United States but that there will be an automatic and States to seek the appointment of an inter- also within the capacity of the United predictable reflexive creation of a safe national mediator in Iraq, under the auspices States to effectively carry out not just of the United Nations Security Council, who haven for al-Qaida in Iraq. has the authority of the international com- in the next several weeks or months In addition, there is a Shia govern- munity to engage political, religious, ethnic but for a period of time. ment there that is committed to cer- and tribal leaders in Iraq in an inclusive po- My perspective has always been that tainly disrupting and eliminating litical process. the President is much more com- Sunni insurgents, particularly al-Qaida

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11803 insurgents. So we see, in terms of the more than what is happening on the is beyond that in terms of troop levels, strategic picture, a virtual or a real ground. We have to respond to that. in terms of some of the questions I safe haven in Pakistan, arguably prob- It also drives the real question: In have raised. lems in Iraq, but certainly I think the next several months, after the Going back, again, to this notion of showing how our preoccupation in Iraq surge is over and it has been announced troop levels, if you recall, the focal is taking our eye off a much more seri- it is over, what missions can we re- point of the surge was stabilizing Bagh- ous and potential threat. sponsibly take on, what missions will dad, a large city, stable population. The other very serious threat that support our national security, and But the operations since then nec- faces us in the region and worldwide is what missions will be within the grasp essarily have taken our forces well be- the growth of Iran. That growth has of our manpower and personnel re- yond Baghdad, and the areas in dispute been fueled by oil prices at $80 a barrel. sources? Again, that underscores the in Iraq are well beyond Baghdad. So That makes their bottom line look a need for change and underscores the the simple calculation of military lot better and gives them a greater need for adoption of limited missions forces versus population has been sense of confidence as they look out as we propose in the Reed-Levin thrown out the window in the sense of and pursue their plans. amendment. the appropriate level of forces versus Second, frankly, is our vulnerabili- When General Petraeus came before the real population and the real area ties in Iraq, the fact that the Iranians the committee, he made several points. that we are trying to stabilize. have strong influence in that country, First, he would recommend a redeploy- In this regard, we have to recognize the fact that the government in Bagh- ment of forces this year. That is some- what is happening in the south; that is, dad, the Maliki government, has not thing we have been arguing for and the British forces are, for all intents just associations but long-time associa- urging for over a year, many of us. and purposes, withdrawing into base tions with Iranians. They are coreli- Many accusations have been hurled at camps. Their presence has shrunk dra- gionists. I am not trying to suggest us that we were irresponsible and reck- matically, roughly 5,000 troops. That that they are agents or clones, but less. They are not being hurled at Gen- area now is becoming an area that is there certainly is a rapport and under- eral Petraeus. But the reality is, he, extremely hospitable to Shia militia, standing and an appreciation of the too, recognizes that we have to begin to Iranian influences, and has a long- proximity of the Iranians and their po- to redeploy our forces. Second, he is term potential to provide further insta- tential impact in Iraq. That situation talking about reducing the forces by bility in the country. Yet we don’t has given rise to a resurgence and a 30,000. If you recall, the military have the forces to go down there. We strategically more empowered Iran. So premise of the surge was, if you in- are not attempting to go down there, you have a strategy that the President serted 30,000 additional troops focused and yet that poses a real challenge to has pursued that has not mitigated on Baghdad, you would have now suffi- the long-run security and safety and these major threats against the United cient forces to conduct a different type stability of the country. States but actually has enhanced of mission, population protection. You I sense, for all these different rea- them. That might be the definition of a could disperse them in the localities. sons, that we do have to change our bad strategy. You could conduct more aggressive pa- course. That is at the heart of the So our involvement in Iraq has taken trolling. Levin-Reed amendment, to identify, us away from critical threats. In that I think the announcement by General first, clearly the direction of our term alone, we have to begin to think Petraeus that those troops are coming forces, which is to begin a phased rede- seriously about our approach forward. out begs the obvious question: How do ployment; second, to focus on missions The status quo has not worked. There you maintain that population protec- that are within our capacity and will, is scant evidence it will in the next tion mission without those 30,000 to the best of our capacity, advance several months. troops, and particularly without, as our interests in the region, not just in There is another issue we have to most people recognize, the ability of Iraq but in the whole region. look at. That is not only in terms of the Government of Iraq to replace our We all were waiting for the report of the strategic threats, but it is our ca- forces with reliable Iraqi security General Petraeus and Ambassador pacity. The real driving factor in the forces? In a sense, the progress we have Crocker. There were other reports. proposal that General Petraeus made is seen—and there is progress on the General Jones and the General Ac- not what is happening on the ground in ground; there is tactical momentum. counting Office came forth almost si- Iraq, it is the force structure. It is the No one should be surprised when we multaneously. We hoped these reports number of Army and marines that we commit American forces to a mission would provide both the President and have to commit. If you talked to any- that they obtain dramatic and imme- the Congress with the information they one months ago, they could have told diate results. But the real question is, needed to begin to change our direction you essentially what General Petraeus are those successes permanent or tran- in Iraq. was going to say, which is by next sitory? Are they reversible or irrevers- Unfortunately, it appears at this spring, beginning in April and going ible? juncture, unless we are successful with through July, we would have to reduce My sense is that they are highly re- this amendment, that change is not by 30,000 our forces in Iraq; that the versible, that as we depart, insurgents, going to take place. surge had an end point unrelated to opponents of the Government in Iraq, The GAO was the first to release what was happening on the ground, to will move back in and try to exploit their report, and it was sobering by the success or lack of success. Simply the absence. Without a sufficient and anyone’s standards. Of the 18 economic, we could not sustain that large a com- reliable Iraqi security force, that prob- security, and legislative benchmarks bat force on the ground. That is essen- ably could be accomplished. So I think set by the Iraqis themselves last Janu- tially what General Petraeus con- that just the numbers drive us to start ary, GAO found that 3 had been met, 4 firmed in his testimony to the Con- thinking about missions that we can had been partially met, and 11 had not gress when he returned from his mis- perform. been met. sion in Baghdad. The other factor of General I think it is important to empha- So we are limited in what we can do. Petraeus’s testimony is that he very size—because now the benchmarks That is not a function of success, re- clearly begged off from any suggestion were being seen as, oh, just some inter- turn on success, or anything else. In of what do we do after next June or esting construct of the Congress unre- fact, I was always under the impression July. Frankly, we have to have a strat- lated to what was happening in Iraq, et that in a military context, when you egy, a plan that goes beyond the next 6 cetera—but these were the points the have success, you reinforce it. You months. It is unsatisfactory that both, Iraqis stressed as critical to their don’t talk about a return on success, it seems, the President and, indeed, the progress. They were the points that you reinforce it. But, quite frankly, we commander on the ground will say sim- were deliberately embraced by the do not have the resources available to ply they don’t know. No one knows per- President of the United States. reinforce. So we are being driven by fectly, but we have to have at least In January, when he talked about the the constraints of our military forces their sense of what their best guidance surge, part of that—a large part of it—

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11804 CONGRESSIONAL RECORD — SENATE September 20, 2007 was to allow the Iraqis the political lars—and the President is going to send CBS felt things were going badly in space, the time to achieve these bench- the supplemental up shortly asking for Iraq; after the reports and speech, 63 marks. What appears to have happened, billions and billions of dollars more— percent. having failed the test, the President why cannot the Iraqis spend at least My point is, that is an important fac- decided the test was not worth giving, their own money they have for their tor in the conduct of any national se- and he ignores the results. But those own people for their own needs? I think curity policy: the support of the Amer- results, I think, speak volumes. it is a question that the longer it goes ican people. In fact, the manual Gen- For example, the Iraqi Government unanswered, the more unsettling it is eral Petraeus helped author at Fort still has not completed revisions to the to the American public. Leavenworth, the counterinsurgency constitution, or enacted legislation on The GAO also noted: manual, makes that point specifically, de-baathification, oil revenue-sharing, It is unclear whether sectarian violence in that public support within the United provincial elections, amnesty, or mili- Iraq has decreased—a key security bench- States is a critical—critical—attribute tary disarmament. mark—since it is difficult to measure the for policy, particularly long-term pol- When Ambassador Crocker was here, perpetrators intent and other measures of icy in a counterinsurgency conflict. he said: Well, we have not done it for- population security show differing trends. We have seen, frankly, the American mally out there, but they informally The situation, which is understand- public being quite concerned, in fact are distributing the oil revenues. That able given the chaotic nature, given disheartened, about what is happening goes, I think, to the point I have tried the conflicting motivations that are in Iraq. I think that also calls—in addi- to suggest in other contexts. If it is in- engulfing the country and producing tion to what is happening on the formal, then it is highly reversible. If violence—it is hard to say what is ground—for a change in our policy, for it is informal, it is transitory. Legisla- criminality, what is a politically moti- a change in the direction Senator tion is not as reversible and transitory. vated event, what is the mixture of the LEVIN and I are suggesting. We do a lot of that around here, but at two—but these measures, I think from It is very difficult and some would argue impossible for any administra- least you have to go back through the our perspective, whether they go up or tion to carry out a policy without the legislative process. But these informal down, probably do not suggest the at- strong support of the United States, arrangements may be just temporary mosphere which most Iraqis endure, particularly a policy that does not and expedient, and probably are tem- which is an atmosphere of violence, po- seem to be matched by an equal com- porary and expedient. But the real tential violence, of fear. It is an atmos- mitment by those whom we are trying work, the commitment the Govern- phere that has caused 2 million people to help. I believe we do need a change ment of Iraq made months ago to make to be external refugees, 2 million peo- of policy, not only because it is a more these changes, has not been accom- ple, roughly, to be internally displaced. effective way to go forward, but it, I plished. It also is reflected in polling con- think, would represent to the Amer- The Iraqi Government has not elimi- ducted within Iraq about the sense of ican people a needed sense that we nated militia control of local security, security and the sense of the future the have heard them, we are moving for- eliminated political intervention in Iraqi people have. These numbers have ward, and we are moving forward in a military operations, ensured even- been declining. It was at a zenith, obvi- way that can be sustained and be sup- handed enforcement of the law, in- ously, after the operations in March ported by the American people. 2003. But since then there has been, I creased Army units capable of inde- Everyone has to recognize the ex- think, a significant and continued de- pendent operations or ensured that po- traordinary contribution of our mili- litical authorities made no false accu- terioration. Because this violence—to tary forces. They are serving well, and sations against security forces. us it makes a difference that it is sec- they continue to serve well. But I Again, we have been engaged for tarian versus criminal—but to someone think their effort has to be matched by years in training Iraqi security forces. on the street, it is violence. Again, the a wiser policy on our part. That policy, At the entry level of that training—to progress in stabilizing the country that I think, is necessary. I hope we can do give the ability of a squad leader to the Iraqi Government said they were that within the context of the amend- read a map, to call indirect fire, to call committed to has not materially been ment we propose. a medevac—we have made progress. To changed throughout the country. There is another issue here, too, and give the skills for an individual infan- Now, General Petraeus and General that is not just public support but also tryman to low-crawl, to clear a build- Jones did report improvements in the the financial support. We are spending ing, we have made progress. But it is at Iraqi security forces, and they should $12 billion a month in Iraq, Afghani- the critical levels where politics and be recognized. But the progress is un- stan, et cetera. That price keeps going security intersect that there has not even and slow. I suggested at the ze- up. We understand the costs are not been the adequate progress. That is the nith, where it is most critical in terms short term. There are hundreds of most decisive level. Until there is a of stability of the country, where it is thousands of veterans coming out of force in Iraq that is not only tech- commanders, not squad leaders, who the gulf who for the next 50 years will nically capable but can operate with a are making decisions, that is the most require support and assistance. This is certain degree of independence, then difficult to achieve, and it is, so far, not going to be something that when their ability is, I think, undermined. lagging based upon the reports we have we look back 5 or 10 years, even when We are making progress in that direc- heard. the fighting stops, we can ignore. We tion. Now, we recognize the last 2 years have a long-term commitment to these The Levin-Reed amendment calls for have been enormously challenging for individuals and a long-term costly the continued training to achieve not the Government of Iraq and our par- commitment. We have to measure our just technical proficiency but we hope ticipation there. We recognize, too, policy against our resources, not just some day a force that is professionally that both General Petraeus and Am- the brave men and women who serve, capable and deployed in a way where bassador Crocker came with great ex- but our ability to finance their oper- they can secure the country of Iraq— perience, great professional acumen, ations and finance their long-term care their country—without fear or favor and great patriotic service to the coun- as they come back. with respect to political or sectarian try, and gave us their best report. This amendment, as I indicated pre- allegiance. There is another aspect of this debate viously, calls for a transition which I Now, the Iraqi Government also which is as important as what is going believe is long overdue, a transition to pledged to spend $10 billion of their on in Iraq, and that is what is going on counterterrorism, a transition to train- own money on reconstruction. We have in the United States. Frankly, the sup- ing Iraqi security forces, and protec- sent billions of American dollars over port for our operations has rapidly tion of our forces, coalition forces. I there for reconstruction. To date, only faded since the heady days of March think the transition will help us in $1.5 billion of Iraqi funds has been allo- 2003. Before the September reports by terms of what is happening on the cated to do that. I think it raises the Ambassador Crocker and General ground, what is happening in the coun- question among many Americans: If we Petraeus and the speech by the Presi- try, and what should be happening in are spending all these billions of dol- dent, 64 percent of Americans polled by the region.

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11805 Also, our amendment talks about a forts to meet these other emerging and 5 to 6 districts can be called hot areas.’’ very aggressive diplomatic approach, very dangerous threats. Anyone who has traveled recently to something I think has been missing. With that, I yield the floor. Anbar, Diyala or Baghdad can see the We have to engage the regional com- The PRESIDING OFFICER. The Sen- improvements that have taken place munity and the world community to ator from Arizona is recognized. over the past months. With violence help us. I think there might be an op- Mr. MCCAIN. Madam President, I rise down, commerce has risen, and bottom- portunity, indeed, when we talk about to oppose the amendment offered by up efforts to forge counterterrorism al- the context of training, to go forward the chairman and the Senator from liances are bearing tangible fruit. to our allies in NATO and say: You Rhode Island that would mandate a None of this is to argue that Baghdad could help us on this training mission. withdrawal of U.S. forces from Iraq. or other regions have suddenly become This is not a direct combat operation. Again, we find ourselves on the floor safe or that violence has come down to This is something well within the ca- of this Chamber debating an amend- acceptable levels. As General Odierno pacity of your armies across the globe. ment that is nearly identical to one pointed out, violence is still too high This could put an international ap- that failed 2 months ago. The pending and there are many unsafe areas. Nev- proach to our problems, which would amendment would mandate a with- ertheless, such positive developments be very helpful not only in terms of drawal of U.S. combat forces within 90 illustrate General Petraeus’s conten- putting men and women on the ground days of enactment, leaving a smaller tion last week that American and Iraqi to assist the Iraqi security forces, but force authorized only to carry out nar- forces have achieved substantial indicating this is not America’s prob- rowly defined missions. And the Senate progress under their new strategy. lem alone, this is an issue that should faces, once again—faces again—a sim- It is instructive to reflect on how far be addressed by all the nations of the ple choice: whether to build on the suc- some areas have come. One year ago, in world. cesses of our new strategy and give September of 2006—1 year ago, Sep- Now, for 5 years our military forces General Petraeus and the troops under have fought with valor, courage, and tember 2006—The Washington Post ran his command the time and support a story titled: ‘‘Situation Called Dire sacrifice. Their families have borne needed to carry out their mission or to their absences. They have supported in West Iraq; Anbar is Lost Politically, ignore the realities on the ground and Marine Analyst Says.’’ After an offen- them remarkably and magnificently, legislate a premature end to our efforts and I think that has to be recognized. sive by U.S. and Iraqi troops cleaned in Iraq, accepting thereby all the ter- al-Qaida fighters out of Ramadi and But we have to provide them a diplo- rible consequences that will ensue. matic support that has been lacking all other areas of western Anbar, the prov- Many Senators wished to postpone ince’s tribal sheiks, disgusted by the these years. this choice, preferring to await the tes- Many of my colleagues have traveled brutality and blatant disregard for timony of General Petraeus and Am- human life exhibited by their aggres- to Iraq many times. I have. Since the bassador Crocker. Last week, these two beginning, there has not been an ade- sors, broke formally with the terrorists career officers reported unambiguously and joined the coalition side. As a re- quate complement through diplomats that the new strategy is succeeding in and AID personnel and agronomists, sult, Anbar, which last year stood as Iraq. Knowing what we now know— Iraq’s most dangerous province, is now and all the specialists you need to pro- that our military is making progress vide the public nonkinetic—as military one of its safest. on the ground, and that their com- By the way, many critics of the war people describe it—aspects of counter- manders request from us the time and insurgency. Those forces have been say that change would have happened support necessary to succeed in Iraq— lacking. There have been efforts re- without the surge. That is patently a measure of courage is required, not cently to improve them, but they are false. The fact is, when the sheiks de- the great courage exhibited by those still significantly lacking. cided to come over to our side, a brave So for many years—all these years— brave men and women fighting on our colonel named MacFarland imme- we have had an Army and Marine Corps behalf but a smaller measure, the cour- diately sent 4,000 marines to protect at war, supported—I should say not age necessary to put America’s inter- them, and General Petraeus has testi- just supported but it has intimately in- ests before every personal or political fied that if they hadn’t had those volved all our services—but we have consideration. troops, then we probably would not It is important that as we proceed not had the full commitment of our na- have seen Anbar in the condition that with consideration of this amendment, tional resources. We have not had a full it is in today. we spend a few moments reviewing the commitment of our civilian agencies I asked General Petraeus, and he said current state of affairs in Iraq. We see that is so necessary. Today, that, I the following: think, is not being manifested enough. today that after nearly 4 years of mis- managed war, the situation on the The success in Anbar Province, correctly, So for that reason, also, I think we is a political success— have to recognize a change is nec- ground in Iraq shows demonstrable By the way, something we all essary. signs of progress. The final reinforce- seek—— I hope we can change the policy. I ments needed to implement General think in the long term it will be bene- Petraeus’s new counterinsurgency plan But it is a political success that has been ficial to the United States. I hope we have been in place for over 2 months, enabled, very much, by our forces who have and our military, in cooperation with been enabled by having additional forces in will allow ourselves to begin to focus Anbar Province. more resources on threats that are, I the Iraqi security forces, is making sig- think, much more severe: the virtual nificant gains in a number of areas. Ambassador Crocker added: safe haven in Pakistan from where bin General Petraeus reported in detail Such scenes are also unfolding in parts of Laden sends tapes to us and al- on these gains during his testimony in Diyala and Ninewa, where Iraqis have immo- Zawahiri sends tapes to us that inspire both Houses and in countless inter- bilized with the help of Coalition and Iraqi security forces. terrorist organizations in Europe that views. The No. 2 U.S. commander in are approaching closer and closer to Iraq, LT GEN Ray Odierno, said today So as we all know, without military the United States—that was, I think, the 7-month-old security operation has security, there is no political progress, the whole premise for our global war reduced violence in Baghdad by some 50 and that political progress is only en- on terrorism, to effectively prevent an- percent, car bombings and suicide at- abled by the substantial military pres- other attack on our homeland—the tacks in Baghdad have fallen to their ence that was provided by the surge. growing power of Iran, not only in lowest level in a year, and civilian cas- As in Anbar and elsewhere, where terms of its influence in the region, its ualties have dropped from a high of 32 local populations have turned on al- connection to other terrorist groups, per day to 12 per day. His comments Qaida’s brutal methods, there are re- but its aspirations to be a nuclear are echoed by LT GEN Abboud Qanbar, ports of Shia extremists encountering power, which we are finding very dif- the Iraqi commander who said that be- a similar reception. Recent attacks by ficult to counter diplomatically. fore the surge began, one-third of the Mahdi Army on worshipers in the I hope we can refocus our efforts in Baghdad’s 507 districts were under in- holy city of Karbala prompted a public Iraq, and we can also refocus our ef- surgent control. Today, he said: ‘‘Only backlash that led Muqtada al-Sadr to

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11806 CONGRESSIONAL RECORD — SENATE September 20, 2007 order a suspension of all military ac- The supporters of this amendment re- This is the same amendment that tions by his followers against Iraqi and spond that they do not by any means was rejected 2 months ago. In the in- coalition forces. intend to cede the battlefield to al- tervening 2 months, our opposition to In Baghdad, the military, in coopera- Qaida. On the contrary, their legisla- this amendment has been validated by tion with Iraqi security forces, con- tion would allow U.S. forces, presum- the progress on the ground of the mili- tinues to man joint security stations ably holed up in forward-operating tary strategy which General Petraeus and deploy throughout the city in bases, to carry out targeted counter- designed and our brave young Ameri- order to bring violence under control. terrorism operations. But our own cans who are serving have imple- These efforts have produced positive military commanders say this ap- mented. So we are here 2 months later results. Sectarian violence has fallen proach will not succeed and that mov- with tangible success on the ground since the beginning of the year. The ing in with search-and-destroy mis- and addressing the same amendment. total number of car bombings and sui- sions to kill and capture terrorists, The effect of this amendment would re- cide attacks declined, and the number only to immediately cede the territory turn us to the failed strategy of nearly of locals coming forward with intel- to the enemy, is the failed Rumsfeld 4 years ago. If there was any doubt the ligence tips has risen. strategy of the past nearly 4 years. We last time in anybody’s mind about None of this is to suggest the road in should not and must not return to such whether we should go back to that Iraq remains anything but long and a disastrous course. failed strategy of the past or we should hard. Violence remains at unacceptable It has become clear by now that we continue with this successful strategy, levels, the Maliki Government remains cannot set a date for withdrawal with- I think the events of the last 2 months, paralyzed and unwilling to function as out setting a date for surrender. since we rejected this amendment the it must, and other difficulties abound. Should we leave Iraq before there is a last time, should convince the objec- No one can guarantee success or be cer- basic level of stability, we invite chaos, tive observers. tain about its prospects. We can be genocide, terrorist safe havens, and re- So I hope my colleagues will under- sure, however, that should the Con- gional war. We invite further Iranian stand this debate and this amendment gress succeed in terminating the strat- influence at a time when Iranian is very important, and it is very impor- egy by legislating an abrupt with- operatives are already moving weap- tant to the security of the United drawal and a transition to a new, less ons, training fighters, providing re- States of America, the region. We must effective and more dangerous course— sources, and helping plan operations to never forget that if we fail—if we fail— should we do that, then we will fail for kill American soldiers and damage our Americans will be called back sooner certain. efforts to bring stability to Iraq. If any or later and called upon to make great- Let’s make no mistakes about the of my colleagues remain unsure of er service and sacrifice. costs of such an American failure in Iran’s intentions in the region, may I I yield the floor. Iraq. Many of my colleagues would like direct them to the recent remarks of The PRESIDING OFFICER. The Sen- to believe that should the amendment the Iranian President who said: ator from Michigan is recognized. we are currently considering become The political power of the occupiers is col- Mr. LEVIN. Madam President, I ask law, it would mark the end of this long lapsing rapidly. Soon, we will see a huge unanimous consent that the Biden effort. They are wrong. Should the power vacuum in the region. Of course, we amendment identified in a previous Congress force a precipitous with- are prepared to fill the gap. consent agreement be subject to a 60- drawal from Iraq, it would mark a new If our notions of national security vote threshold, and that if the amend- beginning, the start of a new, more have any meaning, they cannot include ment does not receive 60 votes, it be dangerous effort to contain the forces permitting the establishment of an Ira- withdrawn. unleashed by our disengagement. If we nian-dominated Middle East that is The PRESIDING OFFICER. Without leave, we will be back in Iraq and else- roiled by a wider regional war and rid- objection, it is so ordered. where. That is not just my view but dled with terrorist safe havens. Mr. LEVIN. Madam President, there that of General Jones and others, in The hour is indeed late in Iraq. How isn’t any dispute about whether a sta- many more desperate fights to protect we have arrived at this critical and ble and independent Iraq is in our na- our security and add an even greater desperate moment has been well chron- tional interest. Some of us disagreed cost in American lives and treasure. icled, and history’s judgment about the with the way we went to war with Iraq In testimony before the Armed Serv- long catalog of mistakes in the pros- 41⁄2 years ago. We have disagreed, many ices Committee last week, General ecution of this war will be stern and of us, with many of the Bush adminis- Petraeus referred to an August Defense unforgiving. But history will revere the tration’s policies in Iraq since then, in- Intelligence Agency report that stated: honor and sacrifice of those Americans cluding ignoring the advice of senior A rapid withdrawal would result in the fur- who, despite the mistakes and failures military leaders such as General ther release of strong centrifugal forces in of both civilian and military leaders, Shinseki in planning the invasion, fail- Iraq and produce a number of dangerous re- shouldered a rifle and risked every- ing to properly plan for the occupation sults, including a high risk of disintegration thing so the country they love so well and its aftermath, disbanding the Iraqi of the Iraqi security forces, a rapid deterio- Army, banning low-level Baath Party ration of local security initiatives, al-Qaida- might not suffer the many dangerous Iraq regaining lost ground and freedom of consequences of defeat. members from post-Saddam Govern- maneuver, a marked increase in violence, That is what General Petraeus and ment employment, failing to pressure and further ethno-sectarian displacement the Americans he has the honor to the Iraqi leaders to meet the bench- and refugee flows; an exacerbation of already command are trying to do—to fight marks and the timetable they set for challenging regional dynamics, especially smarter and better in a way that ad- themselves and, most recently, increas- with respect to Iran. dresses and doesn’t strengthen the tac- ing the U.S. military presence in Iraq Those are the likely consequences of tics of the enemy and to give the Iraqis with the so-called surge, when we a precipitous withdrawal, and I hope the security and opportunity to make should be reducing our military pres- the supporters of such a move will tell the necessary political decisions to ence. us how they intend to address the save their country from the abyss of But the challenge facing us now, chaos and catastrophe that would sure- genocide and a permanent and spread- given where we are today, is what is ly follow such a course of action. ing war. Now is not the time for us to the best way to promote a stable and No matter where my colleagues came lose our resolve. We must remain independent Iraq. Is the course we are down in 2003 about the centrality of steadfast in this new mission, for we do on succeeding? So while the opponents Iraq to the war on terror, there can not fight only for the interests of of changing course argue that those of simply be no debate that our efforts in Iraqis, we fight for ours as well. us who want to change course don’t see Iraq today are critical to the wider In this moment of serious peril for the importance of a stable and inde- struggle against violent Islamic extre- America, we must all of us remember pendent Iraq, they are exactly wrong. mism. Earlier this month, GEN Jim to whom and what we owe our first al- We see the importance of it, but we see Jones testified before the Armed Serv- legiance—to the security of the Amer- the current policy is failing to move us ices Committee on the effects of such a ican people and the ideals upon which in the direction of a stable and inde- course. our Nation was founded. pendent Iraq. It is the status quo—

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11807 staying the course—that jeopardizes There has been a lot of debate on milestones on national reconciliation, secu- the goal of a stable and independent whether the current situation on the rity, and governance, the United States Iraq. So while there is disagreement on ground in Iraq shows significant should reduce its political, military, or eco- nomic support for the Iraqi government. whether the current course is leading progress in terms of security—by the to a stable and independent Iraq, there way, even though, as I said, this can be Now, those were the words of the Iraq is agreement—broad consensus—on the argued back and forth, there has been a Study Group. That is exactly what is desirability of that goal. public opinion poll taken in Iraq. The needed: consequences—clear, direct, There has also been a consensus for Iraqi people have been asked that ques- and understandable consequences. But some time that there is no military so- tion—not by supporters or opponents of the only response to the Iraqi politi- lution to the sectarian violence in Iraq, the policy but by ABC News. Here is cians’ continued dawdling has been the and that the key to ending the violence what the poll results were, and this is repeated calls by the President for pa- lies in bringing about a political settle- the Iraqi citizens being asked whether tience. I make reference to a letter from the ment among the various factions in they feel more or less secure as a result Secretary of State, Condoleezza Rice, Iraq today. Even Prime Minister of the surge. Here is the analysis by dated January 30, 2007. The question Maliki recognized that fact a few ABC News: had been raised whether the timelines months ago. This is what he said: The surge broadly is seen to have done that were set by the Iraqi Government more harm than good, with 65 to 70 percent The crisis is political, and the ones who were in fact their timelines or ours. can stop the cycle of blood letting of inno- [of Iraqis] saying it’s worsened rather than cents are the Iraqi politicians. improved security in surge areas, security in This is what Secretary Rice said about the timelines: That is the Prime Minister of Iraq other areas, conditions for political dialog, the ability of the Iraqi government to do its . . . Iraq’s Policy Committee on National pointing out that it is the failure of the work, the pace of reconstruction, and the Security agreed upon a set of political, secu- Iraqi politicians that is resulting in the pace of economic development. rity, and economic benchmarks and an asso- ongoing violence. President Bush said The result of the surge—or more ac- ciated timeline in September 2006. These this last January. He said the purpose curately, the lack of political results— were reaffirmed by the Presidency Council of the surge—the explicit purpose, the underscores the reality that there is on October 16, 2006, and referenced by the Iraq Study Group; the relevant document stated purpose of the surge—was to going to be no end to the violence until give Iraqi politicians ‘‘breathing (enclosed) was posted at that time on the Iraqi national leaders work out their President of Iraq’s website. space’’ to work out a political settle- political differences. As the Inde- ment. Madam President, we have been told pendent Commission on the Security by the—at least the public has been It is also pretty much undisputed Forces of Iraq, under the leadership of that the stated purpose of the surge— told by, I believe, the Prime Minister retired Marine General Jim Jones, re- of Iraq that they are not going to ac- that explicitly stated purpose about ported last week: giving the Iraqi politicians breathing cept America’s timeline, that we are Political reconciliation is the key to end- not going to impose a timeline on Iraq. space to work out their political settle- ing sectarian violence in Iraq. ment—has not been achieved. There What Secretary Rice’s letter to me The Iraqi politicians surely haven’t confirmed very precisely is that the are going to be arguments back and done that. They have not kept the forth about how much military Presidency Council of Iraq on October commitments they made to achieve po- 16, 2006, adopted, reaffirmed—in her progress there has been on the ground, litical reconciliation by adopting legis- and there are statistics both ways. I words, ‘‘Iraq’s Policy Committee on lation setting the dates for provincial National Security agreed upon a set of accept General Petraeus’s assessment— elections, approving a hydrocarbon and I have been there recently—that . . . timelines.’’ law, a debaathification law, and sub- The dates are here. Here is the there has been some military progress mitting constitutional amendments to timeline. on the ground. But the purpose of the a referendum. September 2006: To form a review surge, the goal of the surge was to pro- I want to emphasize that the Iraqis’ committee and to agree on a political vide breathing space to the Iraqi politi- commitments to work out their key timetable. cians; and the more the surge has suc- differences and the timetable to do so October 2006: Approve a hydrocarbon ceeded, the less excuse there is for the were their commitments and their law and approve a provincial election Iraqi politicians not working out their timetable. So when Prime Minister law. political misunderstandings. Maliki complains that outsiders are November 2006: Approve a So it works exactly the opposite way not going to dictate to the Iraqi Gov- debaathification law and approve pro- from what the opponents of this ernment, what he is trying to do is ob- vincial council authorities law. amendment say. To the extent the scure the fact that his own government December 2006: Approve amnesty, mi- surge has succeeded militarily, it set the benchmarks and timetables for litias, and other armed formations law. makes it less understandable, less ex- themselves. January 2007: Constitutional Review cusable, and less acceptable for the Back in January, when President Committee completes its work. Iraqi politicians to continue to dawdle. Bush proposed the surge, this is what February 2007: Form independent By the way, the President has kind of he said about the benchmarks and the commissions in accordance with the shifted ground in terms of the purpose need for the Iraqis to meet them: constitution. of the surge, anyway. Now the goal of America will hold the Iraqi government to March 2007: Constitutional amend- the surge is to provide security and the benchmarks it has announced. ments referendum. help Iraqi forces to maintain it. So Last Thursday, we heard the same I ask unanimous consent that the having failed in its purpose, which was old song from the President. He said: letter from Secretary Rice to me dated January 30, 2007, be printed in the to give the Iraqi politicians room to The [Iraqi] government has not met its work out their political misunder- own legislative benchmarks, and in my RECORD at this point, which makes the standings, now we have a much more meeting with Iraq leaders, I have made it very clear statement that, No. 1, the open-ended goal: to provide security clear that they must. timelines I have referred to attached to and help the Iraqi forces to maintain Eight months after saying we are her letter are the Iraqi Government’s it. going to hold the Iraqi Government to timelines, and they formally adopted Madam President, General Petraeus the benchmarks, the President’s words those. agreed in his testimony last week that ring hollow. We are not insisting the There being no objection, the mate- the purpose of the surge—to provide Iraqi leaders keep their commitments, rial was ordered to be printed in the breathing space to work out a political and there have been absolutely no con- RECORD, as follows: settlement—has not been achieved. He sequences for the Iraqi leaders’ failure THE SECRETARY OF STATE, was asked a direct question and he to do so. James Baker, Lee Hamilton, Washington. gave that answer. He acknowledged the Hon. CARL LEVIN, and the rest of the Iraq Study Group Chairman, Committee on Armed Services, political settlement has not been recommended the following: U.S. Senate. achieved and that that was the stated If the Iraqi government does not make sub- DEAR MR. CHAIRMAN: Thank you for your purpose of the surge. stantial progress toward the achievement of recent letters regarding the way forward in

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11808 CONGRESSIONAL RECORD — SENATE September 20, 2007 Iraq and the role of benchmarks for political October 2006: Approve provincial elections She continued: issues Iraq must solve. The President has law and set date for provincial elections; and We have confirmed with Iraqi President also asked that I reply on his behalf to your Approve a hydrocarbon law. Talibani’s Chief of Staff that the bench- December 12, 2006, letter to him concerning November 2006: Approve de-Ba’athification marks were formally approved last fall by the importance of announcing a deadline for law; Approve provincial council authorities the Iraqi Political Committee on National beginning a phased redeployment from Iraq. law; and Approve a flag, emblem and na- Security. This committee includes the Presi- I share your view that the Iraqi Govern- tional anthem law. dency Council—the President and two Vice ment must meet the goal it has set for December 2006: Approve Coalition Provi- Presidents—as well as the leaders of all itself—establishing a democratic, unified, sional Authority Order 91 concerning armed major political blocs in Iraq. The Iraqi Presi- and secure Iraq. We believe the Iraqi Govern- forces and militias; Council of Representa- dency Council then posted the benchmarks ment understands very well the con- tives to address amnesty, militias and other on its website for several months. sequences of failing to make the tough deci- armed formations; and Approve amnesty, mi- sions necessary to allow all Iraqis to live in litias and other armed formations law. I have already made this part of the peace and security. President Bush has been January 2007: Constitutional Review Com- RECORD. clear with Prime Minister Maliki on this mittee completes its work. I ask unanimous consent that my let- score, as have I and other senior officials in February 2007: Form independent commis- ter to the Secretary, which precip- discussions with our counterparts. We expect sions in accordance with the Constitution. itated this response on June 13 also be the Prime Minister to follow through on his March 2007: Constitutional amendments printed in the RECORD. pledges to the President that he would take referendum (if required). There being no objection, the mate- difficult decisions. Mr. LEVIN. Madam President, I ask rial was ordered to be printed in the In his January 10 address, the President unanimous consent that another letter stated that after careful consideration he RECORD, as follows: had decided that announcing a phased with- that I will read a part of be printed in U.S. SENATE, drawal of our combat forces at this time the RECORD at this point. COMMITTEE ON ARMED SERVICES, would open the door to a collapse of the Iraqi There being no objection, the mate- Washington, DC, May 9, 2007. Government and the country being torn rial was ordered to be printed in the Hon. CONDOLEEZZA RICE, apart. The New Way Forward in Iraq that RECORD, as follows: Secretary of State, the President announced on January 10 is de- Washington, DC. THE SECRETARY OF STATE, DEAR MADAM SECRETARY: I am writing in signed to help the Government of Iraq to Washington, DC, June 13, 2007. succeed. This strategy has the strong sup- connection with your letter of January 20, Hon. CARL LEVIN, 2007 in which you advised me regarding a set port of General Petraeus and his com- Chairman, Committee on Armed Services, manders, and we must give the strategy time of benchmarks that the Government of Iraq U.S. Senate. has set for itself. to succeed. DEAR MR. CHAIRMAN: Thank you for your On your point about a political solution You wrote that ‘‘Iraq’s Policy Committee letter inquiring about the benchmarks that on National Security agreed upon a set of po- being critical to long-term success, I also the Government of Iraq set for itself last agree. However, with violence in the capital litical, security, and economic benchmarks fall. and an associated timeline in September at the levels we have seen since the Samarra As you mentioned, I sent to you a letter in attack on February 22, 2006, extremists and 2006. These were reaffirmed by the Presi- January in which I noted that Iraq’s Polit- dency Council on October 16, 2006, and ref- terrorists have been able to hold the polit- ical Committee on National Security agreed ical process hostage. The President’s strat- erenced by the Iraq Study Group; the rel- upon a set of benchmarks and an associated evant document (enclosed) was posted at egy is designed to dampen the present level timeline, which were reaffirmed by the Iraqi of violence in Baghdad and ensure that Iraq’s that time on the President of Iraq’s Presidency Council in October 2006. website.’’ political center has the security and sta- We have confirmed with Iraqi President bility it needs to negotiate lasting political Yesterday, I met with Mowaffak al-Rubaie, Talabani’s Chief of Staff that the bench- Prime Minister Maliki’s national security accommodations through Iraq’s new demo- marks were formally approved last fall by cratic institutions. adviser. During the course of our meeting, the Iraqi Political Committee on National Dr. Rubaie stated that the Presidency Coun- At the same time, the President has made Security. This committee includes the Presi- clear to the Prime Minister and other Iraqi cil never reaffirmed the benchmarks. He was dency Council—the President and the two adamant on this point even after I showed leaders that America’s commitment is not Vice Presidents—as well as the leaders of all open-ended. It is essential that the Govern- him the statement in your letter. the major political blocs in Iraq. The Iraqi This is an important point as the Presi- ment of Iraq—with our help, but its lead—set Presidency Council then posted the bench- out measurable, achievable goals and objec- dency Council, whose three members, Presi- marks on its website for several months. dent Jalal Talabani (Kurd), Deputy Presi- tives on each of three critical, strategic Thank you for your interest in this issue. tracks: political, security, and economic. In dent ‘Adil ‘Abd al-Mahdi (Shia Muslim) and Please feel free to contact us on this or any Deputy President Tariq al-Hashimi (Sunni this regard, Iraq’s Policy Committee on Na- matter of concern to you. tional Security agreed upon a set of polit- Muslim), are elected by the Council of Rep- Sincerely, resentatives and represent the three major ical, security, and economic benchmarks and CONDOLEEZZA RICE. an associated timeline in September 2006. ethnic groups of the country. Earlier today, State Department Spokes- These were reaffirmed by the Presidency Mr. LEVIN. This is a June 13, 2007, man Sean McCormack stated ‘‘These are the Council on October 16, 2006, and referenced letter to me from Secretary Rice. The benchmarks that they’ve laid out for them- by the Iraq Study Group; the relevant docu- setting for this—before I read this selves. We didn’t come up with them. They ment (enclosed) was posted at that time on paragraph—is that Iraq said they never came up with them. And they need to be seen the President of Iraq’s website. adopted those timelines, they never in the eyes of the Iraqi people as delivering Beyond that, as the President said, Prime adopted those benchmarks. They con- Minister Maliki made a number of additional for the Iraqi people.’’ tested what Secretary Rice said to me It seems to me that it would make a dif- commitments including: Non-interference in in the letter I am making part of the ference if the benchmarks and associated operations of the Iraqi Security Forces; timeline were only approved by an advisory Prosecution of all who violate the law, re- RECORD, dated January 30. I asked Sec- group as compared to the Presidency Coun- gardless of sect or religion; Deployment of retary Rice about that. I said the cil. three additional Iraqi army brigades to Iraqis are saying you are wrong, that Accordingly, please confirm that the Baghdad; and Use of $10 billion for recon- they didn’t adopt the benchmarks. benchmarks and associated timeline, which struction. They say you are wrong, Secretary you attached to your January 30, 2007 letter, We will continually assess Iraq’s progress Rice. What do you have to say about were reaffirmed by the Presidency Council in meeting these commitments as well as that? She wrote me back: after being agreed upon by the Policy Com- other initiatives critical to Iraq’s develop- mittee on National Security, as stated in ment. Thank you for your letter inquiring about your letter. Sincerely, the benchmarks that the Government for Iraq set for itself last fall. Thank you for your assistance. CONDOLEEZZA RICE. I emphasize the words ‘‘set for itself Sincerely, CARL LEVIN, UNOFFICIAL TRANSLATION last fall.’’ Chairman. NATIONAL POLITICAL TIMELINE Addressing me, she wrote: Mr. LEVIN. Success in Iraq—creating September 2006: Form Constitutional Re- As you mentioned, I sent to you a letter in a stable, independent Iraq—depends on view Committee; Approve law on procedures January in which I noted that Iraq’s Polit- to form regions; Agree on political time- ical Committee on National Security agreed Iraqi leaders finally seeing the end of table; Approve the law for Independent High upon a set of benchmarks and an associated the open-ended U.S. commitment. The Electoral Commission (IHEC); and Approve timeline, which were reaffirmed by the Iraqi Iraq Study Group correctly pointed out the Investment Law. Presidency Council in October 2006. almost a year ago that ‘‘An open-ended

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11809 commitment of American forces would ever, and we need to let them do it on their to 46 to cut off the filibuster of the Re- not provide the Iraqi government the own. publican leadership against the Levin- incentive it needs to take the political I could not agree more. Reed amendment. Madam President, 53 actions that give Iraq the best chance In addition to getting our troops out to 46 was the vote. of quelling sectarian violence.’’ of the middle of their civil war, success The Levin-Reed amendment required absence of such an incentive, the Iraqi Gov-also depends on a transition of mis- the Secretary of Defense to begin a re- ernment might continue to delay takingsions. According to the Iraq Study duction in the number of U.S. forces in those actions. Group: Iraq not later than 120 days after the The President’s current strategy is By the first quarter of 2008, subject to un- date of enactment. It would have also nothing less than stagnant because it expected developments in the security situa- required a transition to a limited pres- is open-ended. It lacks the key ingre- tion on the ground, all combat brigades not ence only to carry out the missions of dient of an action-forcing mechanism necessary for force protection could be out of protecting U.S. and coalition personnel aimed at getting the Iraqi leaders to Iraq. and infrastructure, training, equipping, resolve their political differences. That Commission proposed that a far and providing logistics support—and What is that mechanism? What is the smaller U.S. military presence would those are important words—to the mechanism that will finally force the remain only for limited missions to in- Iraqi security forces and engaging in Iraqi leaders to get on with the job of clude force protection, counterterror- targeted counterterrorism operations negotiating their political differences? ism, and training the Iraqi security against al-Qaida, al-Qaida affiliated It is action on our part, not just rhet- forces. I believe it is essential that groups, and other international ter- oric, that clearly demonstrates to the transition to the limited missions be rorist organizations. The transition to Iraqi Government that our open-ended announced now as a way of ending this the limited presence in mission would commitment to the American troops in open-ended commitment which the have had to have been completed by the middle of their civil war is over, Iraqi political leaders have taken to be April 30, 2008. This reduction would and that while we will provide support such a security blanket and have taken have been implemented along with a to their army, we have decided, as did them off the hook from doing some- comprehensive diplomatic, political, the British, to transfer principal re- thing that only they can do—work out and economic strategy that includes sponsibility for security to Iraqi forces. the political differences that divide sustained engagement with Iraq’s It is not good enough to do what the them which, in the words of their own neighbors and the international com- President did a few days ago and say Prime Minister, the failure to do has munity. The continued inability of the Iraqi we are going to take another look next resulted in the continuation of vio- Government to make any progress to- March. That maintains the open-ended lence. ward a political settlement and the re- commitment. That does not have a Everybody seems to agree that there fusal of the Bush administration to timetable for the reduction of our is no military solution, and yet when it change course reinforces the need for troops to the levels which are nec- comes to telling the Iraqi political the Levin-Reed amendment. So that essary to carry on the missions which leaders that the open-ended commit- amendment is now before us. It is es- are identified. ment is over, we are not only going to sentially the same as the amendment The Jones Commission reported that begin to reduce our troops, but we are we voted on last July. The changes in ‘‘The Iraqi armed forces . . . are in- going to transition their mission and the timetable are slight to accommo- creasingly effective and are capable of complete that transition in a reason- date the fact that we are voting at a assuming greater responsibility for the able period of time, not precipitous but later time, essentially. We would re- internal security of Iraq.’’ The Com- in a reasonable period of time, and our quire the reduction to begin no later mission went on to say that a number amendment provides 9 months after en- than 90 days after the date of enact- of Iraqi Army battalions that are capa- actment of this law, it is the only ble of taking the lead are not in the ment and to be completed within 9 way—the only way—that this open- lead. That was a fact acknowledged by months of the date of enactment in ended commitment can finally be General Petraeus in our hearings about order to adjust the timetable to be brought to an end. So we not only have a week ago. both clear and to respond to the fact to transition to the limited missions The Commission did one other thing: that we will be voting on this months and announce it now, we have to adopt The Jones Commission also rec- later than the last vote in July. ommended—and these are the key- a timetable for the completion of that The challenge before us is to get to words—‘‘the size of our national foot- transition. the 60 votes. Sixty votes is the goal print in Iraq be reconsidered’’ and that Those are the key provisions of the that I guess almost all our Iraq legisla- ‘‘significant reductions . . . appear to amendment before us. It is the key to tion has to meet because of the fili- be possible and prudent.’’ Those are the ending the open-endedness, and it is buster that took place the last time we words of General Jones and his Com- long overdue. Presenting Iraq’s polit- offered Levin-Reed and because the mission that significant reductions in ical leaders with a timetable to begin threat of that filibuster exists again. our presence appear to be prudent. This withdrawing our forces and The reality is that we are going to is a group of retired generals and police transitioning those that remain from continue to plug away to get to those officers. mainly combat to mainly support roles 60 votes. We hope we can get them on I asked General Petraeus about is the only hope that Iraqi leaders will this version of Levin-Reed. It is a whether there are these units of the realize their future is in their hands, version which finally, if we can get to Iraqi Army that are capable of assum- not in the hands of our brave men and the 60 votes and defeat this filibuster, ing greater responsibility, as General women who proudly wear the uniform will change course in Iraq. The major- Jones’s Commission said, but they of our country. ity of us in this Senate have voted to have not done so. General Petraeus ac- Taking this step will also recognize change course in Iraq, in effect, when knowledged that there were such Iraqi another fact of life: that the stress on there were 53 of us who voted to end units. I asked him how many, and he our forces—especially the wear and the filibuster last July. said he would supply that number for tear on the Army and Marines—must The majority of the American people the record. be reduced. We cannot continue to de- clearly want a change of course in Iraq. The Jones Commission emphasized ploy our forces at the current level They do not want a precipitous with- that ‘‘there is a fine line between as- without seriously weakening our abil- drawal. They understand we are going sistance and dependence.’’ When I was ity to respond to other challenges that to need some troops there for force pro- in Iraq last month, I asked a young might confront us. tection and for training of the Iraqi American soldier who is on his third So how can Congress bring about a Army and for providing logistics to the deployment to Iraq what his ideas were change of course in Iraq when Presi- Iraqi Army and for some targeted about transferring greater responsi- dent Bush delays and delays and delays counterterrorism efforts against al- bility to the Iraqis. His answer was: making any change? A clear majority Qaida, their affiliates, and other ter- The Iraqi soldiers will let U.S. soldiers do of the Senate indicated support for rorist groups. The American people un- the job that they’re supposed to be doing for- Levin-Reed last July when we voted 53 derstand. They want something that is

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11810 CONGRESSIONAL RECORD — SENATE September 20, 2007 planned in terms of reduction of our Act of 2004 (50 U.S.C. 435b) is amended by ‘‘(II) the Committee on Homeland Security forces, and they want a timetable. adding at the end the following new section: and Governmental Affairs of the Senate; What they want more than anything ‘‘SEC. 3002. SECURITY CLEARANCES; LIMITA- ‘‘(III) the Committee on Oversight and TIONS. else is to get the Iraqi leaders to end Government Reform of the House of Rep- ‘‘(a) DEFINITIONS.—In this section: resentatives; and their dawdling so our troops can come ‘‘(1) CONTROLLED SUBSTANCE.—The term ‘‘(IV) each Committee of the Senate or the home. ‘controlled substance’ has the meaning given House of Representatives with oversight au- Everybody wants a stable, inde- that term in section 102 of the Controlled thority over such Federal agency. pendent Iraq. The course we are on Substances Act (21 U.S.C. 802). ‘‘(ii) CONGRESSIONAL INTELLIGENCE COMMIT- OVERED PERSON now, the course of status quo, an open- ‘‘(2) C .—The term ‘covered TEES.—The term ‘congressional intelligence ended course, the course of, ‘‘well, we person’ means— committees’ has the meaning given that ‘‘(A) an officer or employee of a Federal will figure out next July whether we term in section 3 of the National Security agency; Act of 1947 (50 U.S.C. 401a). want to go further, whether we want to ‘‘(B) a member of the Army, Navy, Air go below the presurge level,’’ that stag- Force, or Marine Corps who is on active duty ‘‘(d) ADJUDICATIVE GUIDELINES.— nant course is exactly the wrong signal or is in an active status; and ‘‘(1) REQUIREMENT TO ESTABLISH.—The to the Iraqi leaders. ‘‘(C) an officer or employee of a contractor President shall establish adjudicative guide- The course the President is on keeps of a Federal agency. lines for determining eligibility for access to that open-ended commitment of Amer- ‘‘(3) RESTRICTED DATA.—The term ‘Re- classified information. stricted Data’ has the meaning given that ‘‘(2) REQUIREMENTS RELATED TO MENTAL ican forces. It does not do what we HEALTH.—The guidelines required by para- must do, and because the President term in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014). graph (1) shall— will not do it, Congress must do it, ‘‘(4) SPECIAL ACCESS PROGRAM.—The term ‘‘(A) include procedures and standards which is to tell the Iraqis that the fu- ‘special access program’ has the meaning under which a covered person is determined ture of their country is in their hands given that term in section 4.1 of Executive to be mentally incompetent and provide a and we will continue to be helpful. Order 12958 (60 Fed. Reg. 19825). means to appeal such a determination; and We have given them an opportunity ‘‘(b) PROHIBITION.—After January 1, 2008, ‘‘(B) require that no negative inference the head of a Federal agency may not grant they have not seized, and 41⁄2 years concerning the standards in the guidelines later, almost 4,000 American troops or renew a security clearance for a covered may be raised solely on the basis of seeking person who is— mental health counseling.’’. have been killed, 7 times that many ‘‘(1) an unlawful user of, or is addicted to, (b) CONFORMING AMENDMENTS.— wounded, $600 billion now spent, $10 bil- a controlled substance; or lion more every month. It has to come (1) REPEAL.—Section 986 of title 10, United ‘‘(2) mentally incompetent, as determined States Code, is repealed. by an adjudicating authority, based on an to an end. We want to bring it to a suc- (2) CLERICAL AMENDMENT.—The table of cessful end. We cannot do it militarily. evaluation by a duly qualified mental health sections at the beginning of chapter 49 of professional employed by, or acceptable to Every military leader says there is no such title is amended by striking the item and approved by, the United States govern- military solution. There is only a polit- relating to section 986. ment and in accordance with the adjudica- (3) EFFECTIVE DATE.—The amendments ical solution, and only the Iraqi polit- tive guidelines required by subsection (d). ical leaders can achieve it. ‘‘(c) DISQUALIFICATION.— made by this subsection shall take effect on That is what this amendment will ‘‘(1) IN GENERAL.—After January 1, 2008, ab- January 1, 2008. help to bring about, that final state- sent an express written waiver granted in ac- AMENDMENT NO. 2865 ment to the Iraqi leaders: We cannot cordance with paragraph (2), the head of a (Purpose: To authorize the Secretary of De- save you from yourselves. Federal agency may not grant or renew a se- curity clearance described in paragraph (3) fense to expand the persons eligible for I yield the floor, and I suggest the ab- continued health benefits coverage) sence of a quorum. for a covered person who has been— The PRESIDING OFFICER (Mr. ‘‘(A) convicted in any court of the United At the end of title VII, add the following: States of a crime, was sentenced to impris- WHITEHOUSE.) The clerk will call the onment for a term exceeding 1 year, and was SEC. 703. AUTHORITY FOR EXPANSION OF PER- roll. incarcerated as a result of that sentence for SONS ELIGIBLE FOR CONTINUED HEALTH BENEFITS COVERAGE. The bill clerk proceeded to call the not less than 1 year; or roll. ‘‘(B) discharged or dismissed from the (a) AUTHORITY TO SPECIFY ADDITIONAL ELI- Mr. LEVIN. Mr. President, I ask Armed Forces under dishonorable conditions. GIBLE PERSONS.—Subsection (b) of section unanimous consent that the order for ‘‘(2) WAIVER AUTHORITY.—In a meritorious 1078a of title 10, United States Code, is the quorum call be rescinded. case, an exception to the disqualification in amended by adding at the end the following The PRESIDING OFFICER. Without this subsection may be authorized if there new paragraph: ‘‘(4) Any other person specified in regula- objection, it is so ordered. are mitigating factors. Any such waiver may be authorized only in accordance with stand- tions prescribed by the Secretary of Defense AMENDMENTS NOS. 2875, 2865, 2867, 2868, 2871, 2866, ards and procedures prescribed by, or under for purposes of this paragraph who loses en- 2869, 2293, 2285, 2880, 2892, 2278, 2119, 2123, 2921, 2233, the authority of, an Executive Order or other titlement to health care services under this AS MODIFIED, 2299, 2300, 2864, 2262, 2939, 2940, 2893, guidance issued by the President. chapter or section 1145 of this title, subject AND 2941 TO AMENDMENT NO. 2011, EN BLOC ‘‘(3) COVERED SECURITY CLEARANCES.—This to such terms and conditions as the Sec- Mr. LEVIN. Mr. President, I send a subsection applies to security clearances retary shall prescribe in the regulations.’’. series of 24 amendments to the desk that provide for access to— (b) ELECTION OF COVERAGE.—Subsection (d) which have been cleared on both sides. ‘‘(A) special access programs; of such section is amended by adding at the I ask unanimous consent that the Sen- ‘‘(B) Restricted Data; or end the following new paragraph: ate consider those amendments en ‘‘(C) any other information commonly re- ‘‘(4) In the case of a person described in bloc; that the amendments be agreed ferred to as ‘sensitive compartmented infor- subsection (b)(4), by such date as the Sec- to; that the motions to reconsider be mation’. retary shall prescribe in the regulations re- ‘‘(4) ANNUAL REPORT.— quired for purposes of that subsection.’’. laid upon the table; and that any state- ‘‘(A) REQUIREMENT FOR REPORT.—Not later ments relating to any of these indi- (c) PERIOD OF COVERAGE.—Subsection (g)(1) than February 1 of each year, the head of a of such section is amended— vidual amendments be printed in the Federal agency shall submit a report to the (1) in subparagraph (B), by striking ‘‘and’’ appropriate committees of Congress if such RECORD. at the end; agency employs or employed a person for The PRESIDING OFFICER. Is there (2) in subparagraph (C), by striking the pe- whom a waiver was granted in accordance objection? riod at the end and inserting ‘‘; and’’; and with paragraph (2) during the preceding year. Mr. GRAHAM. No objection. (3) by adding at the end the following new Such annual report shall not reveal the iden- The PRESIDING OFFICER. Without subparagraph: tity of such person, but shall include for objection, it is so ordered. ‘‘(D) in the case of a person described in each waiver issued the disqualifying factor The amendments were agreed to, as subsection (b)(4), the date that is 36 months under paragraph (1) and the reasons for the follows: after the date on which the person loses enti- waiver of the disqualifying factor. tlement to health care services as described AMENDMENT NO. 2875 ‘‘(B) DEFINITIONS.—In this paragraph: in that subsection.’’. (Purpose: To provide certain limitations to ‘‘(i) APPROPRIATE COMMITTEES OF CON- the issuance of security clearances) GRESS.—The term ‘appropriate committees AMENDMENT NO. 2867 Strike section 1064 and insert the fol- of Congress’ means, with respect to a report (Purpose: To repeal the authority for pay- lowing: submitted under subparagraph (A) by the ment of a uniform allowance to civilian head of a Federal agency— SEC. 1064. SECURITY CLEARANCES; LIMITATIONS. employees of the Department of Defense) (a) IN GENERAL.—Title III of the Intel- ‘‘(I) the congressional intelligence commit- ligence Reform and Terrorism Prevention tees; At the end of title XI, add the following:

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SEC. 1107. REPEAL OF AUTHORITY FOR PAYMENT ‘‘(3)(A) An annuitant retired under section (3) INDIVIDUALIZED SERVICES PLAN.—Each OF UNIFORM ALLOWANCE TO CIVIL- 8336(d)(1) or 8414(b)(1)(A) receiving an annu- demonstration project shall provide for the IAN EMPLOYEES OF THE DEPART- ity from the Civil Service Retirement and voluntary development for military depend- MENT OF DEFENSE. Disability Fund, who is employed in a posi- ent children with autism participating in (a) REPEAL.—Section 1593 of title 10, tion within the Department of Defense after such demonstration project of individualized United States Code, is repealed. the date of enactment of the National De- autism services plans for use by Department (b) CLERICAL AMENDMENT.—The table of fense Authorization Act for Fiscal Year 2004 of Defense medical and special education sections at the beginning of chapter 81 of (Public Law 108-136), may elect to begin cov- services case managers, caregivers, and fami- such title is amended by striking the item erage under paragraph (2) of this subsection. lies to ensure continuity of services through- relating to section 1593. ‘‘(B) An election for coverage under this out the active military service of their mili- AMENDMENT NO. 2868 paragraph shall be filed not later than the tary sponsor. (Purpose: To provide for a continuation of later of 90 days after the date the Depart- (4) SUPERVISORY LEVEL PROVIDERS.—The eligiblity for TRICARE Standard coverage ment of Defense— Secretary of Defense may utilize for pur- for certain members of the Selected Re- ‘‘(i) prescribes regulations to carry out this poses of the demonstration projects per- serve) subsection; or sonnel who are professionals with a level (as At the end of title VII, add the following: ‘‘(ii) takes reasonable actions to notify em- determined by the Secretary) of post-sec- ondary education that is appropriate for the SEC. 703. CONTINUATION OF ELIGIBILITY FOR ployees who may file an election. TRICARE STANDARD COVERAGE FOR ‘‘(C) If an employee files an election under provision of safe and effective services for CERTAIN MEMBERS OF THE SE- this paragraph, coverage shall be effective autism and who are from an accredited edu- LECTED RESERVE. beginning on the date of the filing of the cational facility in the mental health, (a) IN GENERAL.—Section 706(f) of the John election. human development, social work, or edu- Warner National Defense Authorization Act ‘‘(D) Paragraph (1) shall apply to an indi- cation field to act as supervisory level pro- for Fiscal Year 2007 (Public Law 109–364; 120 vidual who is eligible to file an election viders of behavioral intervention services for Stat. 2282; 10 U.S.C. 1076d note) is amended— under subparagraph (A) of this paragraph autism. In so acting, such personnel may be (1) by striking ‘‘Enrollments’’ and insert- and does not file a timely election under sub- authorized— ing ‘‘(1) Except as provided in paragraph (2), paragraph (B) of this paragraph.’’. (A) to develop and monitor intensive be- enrollments’’; and (b) REGULATIONS.—Not later than 60 days havior intervention plans for military de- (2) by adding at the end the following new after the date of enactment of this Act, the pendent children with autism who are par- paragraph: Secretary of Defense shall prescribe regula- ticipating in the demonstration projects; and ‘‘(2) The enrollment of a member in tions to carry out the amendment made by (B) to provide appropriate training in the TRICARE Standard that is in effect on the this section. provision of approved services to such chil- day before health care under TRICARE AMENDMENT NO. 2866 dren. Standard is provided pursuant to the effec- (Purpose: To authorize demonstration (5) SERVICES UNDER CORPORATE SERVICES tive date in subsection (g) shall not be termi- projects on the provision of services to PROVIDER MODEL.—(A) In carrying out the nated by operation of the exclusion of eligi- military dependent children with autism) demonstration projects, the Secretary may utilize a corporate services provider model. bility under subsection (a)(2) of such section At the end of subtitle H of title V, add the 1076d, as so amended, for the duration of the (B) Employees of a provider under a model following: referred to in subparagraph (A) shall include eligibility of the member under TRICARE SEC. 594. DEMONSTRATION PROJECTS ON THE Standard as in effect on October 16, 2006.’’. personnel who implement special edu- PROVISION OF SERVICES TO MILI- cational and behavioral intervention plans (b) EFFECTIVE DATE.—The amendments TARY DEPENDENT CHILDREN WITH made by subsection (a) shall take effect on AUTISM. for military dependent children with autism October 1, 2007. (a) DEMONSTRATION PROJECTS AUTHOR- that are developed, reviewed, and main- tained by supervisory level providers ap- AMENDMENT NO. 2871 IZED.— proved by the Secretary. (Purpose: To provide flexibility in paying an- (1) IN GENERAL.—The Secretary of Defense may conduct one or more demonstration (C) In authorizing such a model, the Sec- nuities to certain Federal retirees who re- retary shall establish— turn to work) projects to evaluate improved approaches to the provision of education and treatment (i) minimum education, training, and expe- At the appropriate place, insert the fol- services to military dependent children with rience criteria required to be met by employ- lowing: autism. ees who provide services to military depend- SEC. ll. FLEXIBILITY IN PAYING ANNUITIES TO (2) PURPOSE.—The purpose of any dem- ent children with autism; CERTAIN FEDERAL RETIREES WHO onstration project carried out under this sec- (ii) requirements for supervisory personnel RETURN TO WORK. tion shall be to evaluate strategies for inte- and supervision, including requirements for (a) IN GENERAL.—Section 9902(j) of title 5, grated treatment and case manager services supervisor credentials and for the frequency United States Code, is amended to read as that include early intervention and diag- and intensity of supervision; and follows: nosis, medical care, parent involvement, spe- (iii) such other requirements as the Sec- ‘‘(j) PROVISIONS RELATING TO REEMPLOY- cial education services, intensive behavioral retary considers appropriate to ensure safety MENT.— intervention, and language, communica- and the protection of the children who re- ‘‘(1) Except as provided under paragraph tions, and other interventions considered ap- ceive services from such employees under (2), if an annuitant receiving an annuity propriate by the Secretary. the demonstration projects. from the Civil Service Retirement and Dis- (b) REVIEW OF BEST PRACTICES.—In car- (6) CONSTRUCTION WITH OTHER SERVICES.— ability Fund becomes employed in a position rying out demonstration projects under this Services provided to military dependent chil- within the Department of Defense, his annu- section, the Secretary of Defense shall, in co- dren with autism under the demonstration ity shall continue. An annuitant so reem- ordination with the Secretary of Education, projects under this section shall be in addi- ployed shall not be considered an employee conduct a review of best practices in the tion to any other publicly-funded special for purposes of chapter 83 or 84. United States in the provision of education education services available in a location in ‘‘(2)(A) An annuitant receiving an annuity and treatment services for children with au- which their military sponsor resides. from the Civil Service Retirement and Dis- tism, including an assessment of Federal and (d) PERIOD.— ability Fund who becomes employed in a po- State education and treatment services for (1) COMMENCEMENT.—If the Secretary de- sition within the Department of Defense fol- children with autism in each State, with an termines to conduct demonstration projects lowing retirement under section 8336(d)(1) or emphasis on locations where members of the under this section, the Secretary shall com- 8414(b)(1)(A) shall be subject to section 8344 Armed Forces who qualify for enrollment in mence any such demonstration projects not or 8468. the Exceptional Family Member Program of later than 180 days after the date of the en- ‘‘(B) The Secretary of Defense may, under the Department of Defense are assigned. actment of this Act. procedures and criteria prescribed under sub- (c) ELEMENTS.— (2) MINIMUM PERIOD.—Any demonstration paragraph (C), waive the application of the (1) ENROLLMENT IN EXCEPTIONAL FAMILY projects conducted under this section shall provisions of section 8344 or 8468 on a case- MEMBER PROGRAM.—Military dependent chil- be conducted for not less than two years. by-case or group basis, for employment of an dren may participate in a demonstration (e) EVALUATION.— annuitant referred to in subparagraph (A) in project under this section only if their mili- (1) IN GENERAL.—The Secretary shall con- a position in the Department of Defense. tary sponsor is enrolled in the Exceptional duct an evaluation of each demonstration ‘‘(C) The Secretary shall prescribe proce- Family Member Program of the Department project conducted under this section. dures for the exercise of any authority under of Defense. (2) ELEMENTS.—The evaluation of a dem- this paragraph, including criteria for any ex- (2) CASE MANAGERS.—Each demonstration onstration project under this subsection ercise of authority and procedures for a dele- project shall include the assignment of both shall include the following: gation of authority. medical and special education services case (A) An assessment of the extent to which ‘‘(D) An employee as to whom a waiver managers which shall be required under the the activities under the demonstration under this paragraph is in effect shall not be Exceptional Family Member Program pursu- project contributed to positive outcomes for considered an employee for purposes of sub- ant to the policy established by the Sec- military dependent children with autism and chapter III of chapter 83 or chapter 84. retary of Defense. their families.

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(C) An assessment of the extent to which ‘‘(11) Strategies and investment priorities Section 1202(b) of the National Defense Au- the activities under the demonstration for equipment for the National Guard to en- thorization Act for Fiscal Year 2000 (Public project improved military family readiness sure that the National Guard possesses the Law 106–65; 10 U.S.C. 113 note) is amended by and enhanced military retention. equipment required to respond in a timely adding at the end the following new para- (f) REPORTS.—Not later than 30 months and effective way to domestic emergencies.’’. graph: after the commencement of any demonstra- (b) INCLUSION OF NATIONAL GUARD READI- ‘‘(9) Developments in asymmetric capabili- tion project authorized by this section, the NESS IN QUARTERLY PERSONNEL AND UNIT ties, including cyberwarfare, including— Secretary shall submit to the Committees on READINESS REPORT.—Section 482 of such title ‘‘(A) detailed analyses of the countries tar- Armed Services of the Senate and the House is amended— geted; of Representatives a report on such dem- (1) in subsection (a), by striking ‘‘and (e)’’ ‘‘(B) the specific vulnerabilities targeted in onstration project. The report on a dem- and inserting ‘‘(e), and (f)’’; these countries; onstration project shall include a description (2) by redesignating subsection (f) as sub- ‘‘(C) the tactical and strategic effects of such project, the results of the evaluation section (g); sought by developing threats to such targets; under subsection (e) with respect to such (3) by inserting after subsection (e) the fol- and project, and a description of plans for the lowing new subsection (f): ‘‘(D) an appendix detailing specific exam- further provision of services for military de- ‘‘(f) READINESS OF NATIONAL GUARD TO PER- ples of tests and development of these asym- pendent children with autism under such FORM CIVIL SUPPORT MISSIONS.—(1) Each re- metric capabilities.’’. project. port shall also include an assessment of the AMENDMENT NO. 2278 AMENDMENT NO. 2869 readiness of the National Guard to perform (Purpose: To authorize increases in com- tasks required to support the National Re- (Purpose: To authorize a land exchange in pensation for the faculty and staff of the sponse Plan for support to civil authorities. Detroit, Michigan) Uniformed Services University of the ‘‘(2) Any information in a report under this At the end of subtitle E of title XXVIII, Health Sciences) subsection that is relevant to the National add the following: At the end of title XI, add the following: Guard of a particular State shall also be SEC. 2854. LAND EXCHANGE, DETROIT, MICHI- made available to the Governor of that GAN. SEC. 1107. AUTHORIZATION FOR INCREASED COMPENSATION FOR FACULTY AND State.’’. (a) DEFINITIONS.—In this section: STAFF OF THE UNIFORMED SERV- (c) EFFECTIVE DATE.—The amendments (1) ADMINISTRATOR.—The term ‘‘Adminis- ICES UNIVERSITY OF THE HEALTH made by subsections (a) and (b) shall apply trator’’ means the Administrator of General SCIENCES. with respect to reports submitted after the Services. Section 2113(f) of title 10, United States date of the enactment of this Act. (2) CITY.—The term ‘‘City’’ means the city Code, is amended— (d) REPORT ON IMPLEMENTATION.— of Detroit, Michigan. (1) in paragraph (1)— (1) IN GENERAL.—As part of the budget jus- (3) CITY LAND.—The term ‘‘City land’’ (A) by striking ‘‘so as’’ and inserting tification materials submitted to Congress means the approximately 0.741 acres of real ‘‘after consideration of the compensation in support of the budget of the President for property, including any improvement there- necessary’’; and fiscal year 2009 (as submitted under section on, as depicted on the exchange maps, that is (B) by striking ‘‘within the vicinity of the 1105 of title 31, United States Code), the Sec- commonly identified as 110 Mount Elliott District of Columbia’’ and inserting ‘‘identi- retary of Defense shall submit to the con- Street, Detroit, Michigan. fied by the Secretary for purposes of this gressional defense committees a report on (4) COMMANDANT.—The term ‘‘Com- paragraph’’; and actions taken by the Secretary to achieve mandant’’ means the Commandant of the (2) in paragraph (4)— the implementation of the amendments United States Coast Guard. (A) by striking ‘‘section 5373’’ and insert- made by this section. (5) EDC.—The term ‘‘EDC’’ means the Eco- ing ‘‘sections 5307 and 5373’’; and (2) ELEMENTS.—The report under paragraph nomic Development Corporation of the City (B) by adding at the end the following new (1) shall include a description of the mecha- of Detroit. sentence: ‘‘In no case may the total amount nisms to be utilized by the Secretary for as- (6) EXCHANGE MAPS.—The term ‘‘exchange of compensation paid under paragraph (1) in sessing the personnel, equipment, and train- maps’’ means the maps entitled ‘‘Atwater any year exceed the total amount of annual ing readiness of the National Guard, includ- Street Land Exchange Maps’’ prepared pur- compensation (excluding expenses) specified ing the standards and measures that will be suant to subsection (h). in section 102 of title 3.’’. applied and mechanisms for sharing informa- (7) FEDERAL LAND.—The term ‘‘Federal AMENDMENT NO. 2293 tion on such matters with the Governors of land’’ means approximately 1.26 acres of real (Purpose: To authorize the transfer to the the States. property, including any improvements there- Government of Iraq of three C—130E tac- AMENDMENT NO. 2880 on, as depicted on the exchange maps, that is tical airlift aircraft) commonly identified as 2660 Atwater Street, (Purpose: To require a report on the High- Detroit, Michigan, and under the administra- At the end of subtitle D of title I, add the Altitude Aviation Training Site, Colorado) tive control of the United States Coast following: At the end of subtitle E of title III, add the Guard. SEC. 143. TRANSFER TO GOVERNMENT OF IRAQ following: (8) SECTOR DETROIT.—The term ‘‘Sector De- OF THREE C–130E TACTICAL AIRLIFT AIRCRAFT. SEC. 358. REPORT ON HIGH-ALTITUDE AVIATION troit’’ means Coast Guard Sector Detroit of The Secretary of the Air Force may trans- TRAINING SITE, COLORADO. the Ninth Coast Guard District. fer not more than three C-130E tactical air- (a) IN GENERAL.—Not later than 60 days (b) CONVEYANCE AUTHORIZED.—The Com- lift aircraft, allowed to be retired under the after the date of the enactment of this Act, mandant of the Coast Guard, in coordination John Warner National Defense Authorization the Secretary of the Army shall submit to with the Administrator, may convey to the Act for Fiscal Year 2007 (Public Law 109–364), the congressional defense committees a re- EDC all right, title, and interest in and to to the Government of Iraq. port on the High-Altitude Aviation Training the Federal land. Site at Gypsum, Colorado. (c) CONSIDERATION.— AMENDMENT NO. 2285 (b) CONTENT.—The report required under (1) IN GENERAL.—As consideration for the (Purpose: To require recurring reports on the subsection (a) shall include— conveyance under subsection (b)— readiness of the National Guard for domes- (1) a summary of costs for each of the pre- (A) the City shall convey to the United tic emergencies) vious 5 years associated with transporting States all right, title, and interest in and to At the end of subtitle D of title III, add the aircraft to and from the High-Altitude Avia- the City land; and following: tion Training Site for training purposes; and (B) the EDC shall construct a facility and SEC. 358. REPORTS ON NATIONAL GUARD READI- (2) an analysis of potential cost savings parking lot acceptable to the Commandant NESS FOR DOMESTIC EMERGENCIES. and operational benefits, if any, of perma- of the Coast Guard. (a) ANNUAL REPORTS ON EQUIPMENT.—Sec- nently stationing no less than 4 UH–60, 2 CH– (2) EQUALIZATION PAYMENT OPTION.— tion 10541(b) of title 10, United States Code, 47, and 2 LUH–72 aircraft at the High-Alti- (A) IN GENERAL.—The Commandant of the is amended by adding at the end the fol- tude Aviation Training Site. Coast Guard may, upon the agreement of the lowing new paragraphs: City and the EDC, waive the requirement to AMENDMENT NO. 2892 ‘‘(9) An assessment of the extent to which construct a facility and parking lot under the National Guard possesses the equipment (Purpose: To require information regarding paragraph (1)(B) and accept in lieu thereof an required to respond to domestic emergencies, asymmetric capabilities in the annual re- equalization payment from the City equal to including large scale, multi-State disasters port on the military power of the People’s the difference between the value, as deter- and terrorist attacks. Republic of China) mined by the Administrator at the time of ‘‘(10) An assessment of the shortfalls, if At the end of subtitle C of title XII, add transfer, of the Federal land and the City any, in National Guard equipment through- the following: land.

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(B) AVAILABILITY OF FUNDS.—Any amounts section as a mechanism for enhancing the SEC. 683. PLAN FOR PARTICIPATION OF MEM- received pursuant to subparagraph (A) shall compliance of such personnel with the BERS OF THE NATIONAL GUARD AND be available without further appropriation clause. The report shall include— THE RESERVES IN THE BENEFITS and shall remain available until expended to (A) an assessment of the feasibility and ad- DELIVERY AT DISCHARGE PRO- GRAM. construct, expand, or improve facilities re- visability of carrying out the pilot program; (a) PLAN TO MAXIMIZE PARTICIPATION.—Not and lated to Sector Detroit’s aids to navigation later than 180 days after the date of the en- (B) if the Inspector General determines or vessel maintenance. actment of this Act, the Secretary of De- (d) CONDITIONS OF EXCHANGE.— that carrying out the pilot program is fea- fense and the Secretary of Veterans Affairs (1) COVENANTS.—All conditions placed sible and advisable— shall jointly submit to Congress a plan to within the deeds of title shall be construed (i) recommendations on the range of con- maximize access to the benefits delivery at as covenants running with the land. tracts and subcontracts to which the pilot discharge program for members of the re- (2) AUTHORITY TO ACCEPT QUITCLAIM DEED.— program should apply; and serve components of the Armed Forces who The Commandant may accept a quitclaim (ii) a schedule of fines to be imposed under have been called or ordered to active duty at deed for the City land and may convey the the pilot program for various types of per- any time since September 11, 2001. Federal land by quitclaim deed. sonnel actions or failures. (b) ELEMENTS.—The plan submitted under (3) ENVIRONMENTAL REMEDIATION.—Prior to AMENDMENT NO. 2123 subsection (a) shall include a description of the time of the exchange, the Coast Guard (Purpose: To provide for training on contin- efforts to ensure that services under the ben- and the City shall remediate any and all con- gency contracting for contractor personnel efits delivery at discharge program are pro- taminants existing on their respective prop- outside the defense acquisition workforce) vided, to the maximum extent practicable— erties to levels required by applicable state At the end of subtitle D of title VIII, add (1) at appropriate military installations; and Federal law. the following: (2) at appropriate armories and military (e) AUTHORITY TO ENTER INTO LICENSE OR SEC. 865. CONTINGENCY CONTRACTING TRAIN- family support centers of the National LEASE.—The Commandant may enter into a ING FOR PERSONNEL OUTSIDE THE Guard; license or lease agreement with the Detroit ACQUISITION WORKFORCE. (3) at appropriate military medical care fa- Riverfront Conservancy for the use of a por- (a) TRAINING REQUIREMENT.—Section 2333 cilities at which members of the Armed tion of the Federal land for the Detroit of title 10, United States Code is amended— Forces are separated or discharged from the Riverfront Walk. Such license or lease shall (1) by redesignating subsection (e) as sub- Armed Forces; be at no cost to the City and upon such other section (f); and (4) in the case of a member on the tem- terms that are acceptable to the Com- (2) by inserting after subsection (d) the fol- porary disability retired list under section mandant, and shall terminate upon the ex- lowing new subsection (e): 1202 or 1205 of title 10, United States Code, change authorized by this section, or the ‘‘(e) TRAINING FOR PERSONNEL OUTSIDE AC- who is being retired under another provision date specified in subsection (h), whichever QUISITION WORKFORCE.—(1) The joint policy of such title or is being discharged, at a loca- occurs earlier. for requirements definition, contingency tion reasonably convenient to the member; (f) MAP AND LEGAL DESCRIPTIONS OF program management, and contingency con- and LAND.— tracting required by subsection (a) shall pro- (5) that services described in the plan can (1) IN GENERAL.—As soon as practicable vide for training of military personnel out- be provided within resources available to the after the date of enactment of this Act, the side the acquisition workforce (including Secretary of Defense and the Secretary of Commandant shall file with the Committee operational field commanders and officers Veterans Affairs in the appropriate fiscal on Commerce, Science and Transportation of performing key staff functions for oper- year. the Senate and the Committee on Transpor- ational field commanders) who are expected (c) BENEFITS DELIVERY AT DISCHARGE PRO- tation and Infrastructure of the House of to have acquisition responsibility, including oversight duties associated with contracts or GRAM DEFINED.—In this section, the term Representatives maps, entitled ‘‘Atwater ‘‘benefits delivery at discharge program’’ Street Land Exchange Maps,’’ which depict contractors, during combat operations, post- conflict operations, and contingency oper- means a program administered jointly by the the Federal land and the City lands and pro- Secretary of Defense and the Secretary of vide a legal description of each property to ations. ‘‘(2) Training under paragraph (1) shall be Veterans Affairs to provide information and be exchanged. assistance on available benefits and other ORCE OF LAW.—The maps and legal de- sufficient to ensure that the military per- (2) F transition assistance to members of the scriptions filed under paragraph (1) shall sonnel referred to in that paragraph under- Armed Forces who are separating from the have the same force and effect as if included stand the scope and scale of contractor sup- Armed Forces, including assistance to obtain in this Act, except that the Commandant port they will experience in contingency op- erations and are prepared for their roles and any disability benefits for which such mem- may correct typographical errors in the responsibilities with regard to requirements bers may be eligible. maps and each legal description. definition, program management (including AMENDMENT NO. 2233, AS MODIFIED (3) PUBLIC AVAILABILITY.—Each map and contractor oversight), and contingency con- legal description filed under paragraph (1) At the end of title X, add the following: tracting. shall be on file and available for public in- ‘‘(3) The joint policy shall also provide for SEC. 1070. REPORT ON FEASIBILITY OF HOUSING A NATIONAL DISASTER RESPONSE spection in the appropriate offices of the the incorporation of contractors and con- Coast Guard and the City of Detroit. CENTER AT KELLY AIR FIELD, SAN tract operations in mission readiness exer- ANTONIO, TEXAS. (g) ADDITIONAL TERMS AND CONDITIONS.— cises for operations that will include con- (a) IN GENERAL.—Not later than March 31, The Commandant may require such addi- tracting and contractor support.’’. tional terms and conditions in connection 2008, the Secretary of Defense shall submit (b) COMPTROLLER GENERAL REPORT.—Sec- to the congressional defense committees a with the exchange under this section as the tion 854(c) of the John Warner National De- Commandant considers appropriate to pro- report on the feasibility of utilizing existing fense Authorization Act for Fiscal Year 2007 infrastructure or installing new infrastruc- tect the interests of the United States. (Public Law 109–364; 120 Stat. 2346) is amend- ture at Kelly Air Field, San Antonio, Texas, (h) EXPIRATION OF AUTHORITY TO CONVEY.— ed by adding at the end the following new to house a National Disaster Response Cen- The authority to enter into an exchange au- paragraph: ter for responding to man-made and natural thorized by this section shall expire 3 years ‘‘(3) COMPTROLLER GENERAL REPORT.—Not disasters in the United States. after the date of enactment of this Act. later than 180 days after the date on which (b) CONTENT.—The report required under AMENDMENT NO. 2119 the Secretary of Defense submits the final subsection (a) shall include the following: (Purpose: To require a report from the In- report required by paragraph (2), the Comp- (1) A determination of how the National spector General of the Department of De- troller General of the United States shall— Disaster Response Center would organize and fense on a pilot program for the imposition ‘‘(A) review the joint policies developed by leverage capabilities of the following cur- of fines for noncompliance of contractor the Secretary, including the implementation rently co-located organizations, facilities, personnel with requirements for contractor of such policies; and and forces located in San Antonio, Texas: personnel performing private security ‘‘(B) submit to the Committees on Armed (A) Lackland Air Force Base. functions in areas of combat operations) Services of the Senate and the House of Rep- (B) Fort Sam Houston. At the end of section 871(b), add following: resentatives a report on the extent to which (C) Brooke Army Medical Center. such policies. and the implementation of (5) INSPECTOR GENERAL REPORT ON PILOT (D) Wilford Hall Medical Center. such policies, comply with the requirements PROGRAM ON IMPOSITION OF FINES FOR NON- (E) Audie Murphy Veterans Administra- of section 2333 of title 10, United States Code COMPLIANCE OF PERSONNEL WITH CLAUSE.—Not tion Medical Center. later than January 30, 2008, the Inspector (as so added).’’. (F) 433rd Airlift Wing C–5 Heavy Lift Air- General of the Department of Defense shall AMENDMENT NO. 2921 craft. submit to Congress a report assessing the (Purpose: To require a plan for the participa- (G) 149 Fighter Wing and Texas Air Na- feasibility and advisability of carrying out a tion of members of the National Guard and tional Guard F–16 fighter aircraft. pilot program for the imposition of fines on the Reserves in the benefits delivery at dis- (H) Army Northern Command. contractors or subcontractors for personnel charge program) (I) The National Trauma Institute’s three who violate or fail to comply with applicable At the end of subtitle F of title VI, add the level 1 trauma centers. requirements of the clause required by this following: (J) Texas Medical Rangers.

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(K) San Antonio Metro Health Depart- AMENDMENT NO. 2262 AMENDMENT NO. 2940 ment. (Purpose: To provide for the enforcement of (L) The University of Texas Health Science (Purpose: To modify the sunset date for the Office of the Ombudsman of the Energy requirements applicable to undefinitized Center at San Antonio. contractual action) (M) The Air Intelligence Surveillance and Employees Occupational Illness Compensa- Reconnaissance Agency at Lackland Air tion Program) At the end of subtitle C of title VIII, add the following: Force Base. At the end of title XXXI, add the fol- (N) The United States Air Force Security lowing: SEC. 847. IMPLEMENTATION AND ENFORCEMENT Police Training Department at Lackland Air OF REQUIREMENTS APPLICABLE TO Force Base. SEC. 3126. MODIFICATION OF SUNSET DATE OF UNDEFINITIZED CONTRACTUAL AC- TIONS. (O) The large manpower pools and blood THE OFFICE OF THE OMBUDSMAN donor pools from the more than 6,000 train- OF THE ENERGY EMPLOYEES OCCU- (a) GUIDANCE AND INSTRUCTIONS.—Not later PATIONAL ILLNESS COMPENSATION than 120 days after the date of the enactment ees at Lackland Air Force Base. PROGRAM. (2) Determine the number of military and of this Act, the Secretary of Defense shall civilian personnel required to be mobilized Section 3686(g) of the Energy Employees issue guidance, with detailed implementa- to run the logistics, planning, and mainte- Occupational Illness Compensation Program tion instructions, for the Department of De- nance of the National Disaster Response Act of 2000 (42 U.S.C. 7385s-15(g)) is amended fense to ensure the implementation and en- Center during a time of disaster recovery. by striking ‘‘on the date that is 3 years after forcement of requirements applicable to (3) Determine the number of military and the date of the enactment of this section’’ undefinitized contractual actions. civilian personnel required to run the logis- and inserting ‘‘October 28, 2012’’. (b) ELEMENTS.—The guidance and instruc- tics, planning, and maintenance of the Na- tions issued pursuant to subsection (a) shall AMENDMENT NO. 2939 tional Disaster Response Center during a address, at a minimum— time when no disaster is occurring. (Purpose: To provide for independent man- (1) the circumstances in which it is, and is (4) Determine the cost of improving the agement reviews of contracts for services) not, appropriate for Department of Defense current infrastructure at Kelly Air Field to officials to use undefinitized contractual ac- meet the needs of displaced victims of a dis- At the end of subtitle C of title VIII, add tions; aster equivalent to that of Hurricanes the following: (2) approval requirements (including Katrina and Rita or a natural or man-made thresholds) for the use of undefinitized con- SEC. 847. INDEPENDENT MANAGEMENT REVIEWS tractual actions; disaster of similar scope, including adequate OF CONTRACTS FOR SERVICES. beds, food stores, and decontamination sta- (3) procedures for ensuring that schedules (a) GUIDANCE AND INSTRUCTIONS.—Not later tions to triage radiation or other chemical for the definitization of undefinitized con- than 120 days after the date of the enactment or biological agent contamination victims. tractual actions are not exceeded; of this Act, the Secretary of Defense shall (5) An evaluation of the current capability (4) procedures for ensuring compliance issue guidance, with detailed implementa- of the Department of Defense to respond to with limitations on the obligation of funds tion instructions, for the Department of De- these mission requirements and an assess- pursuant to undefinitized contractual ac- fense to provide for periodic independent ment of any additional capabilities that are tions (including, where feasible, the obliga- management reviews of contracts for serv- required. tion of less than the maximum allowed at ices. The independent management review (6) An assessment of the costs and benefits time of award); procedures issued pursuant to this section of adding such capabilities at Kelly Air Field (5) procedures (including appropriate docu- shall be designed to evaluate, at a min- to the costs and benefits of other locations. mentation requirements) for ensuring that imum— reduced risk is taken into account in negoti- AMENDMENT NO. 2299 (1) contract performance in terms of cost, ating profit or fee with respect to costs in- schedule, and requirements; (Purpose: To require consideration of small curred before the definitization of an (2) the use of contracting mechanisms, in- business concerns in evaluating actions undefinitized contractual action; and cluding the use of competition, the contract that should be taken to address any dis- (6) reporting requirements for structure and type, the definition of contract advantage in the performance of contracts undefinitized contractual actions that fail to requirements, cost or pricing methods, the to actual and potential contractors and meet required schedules or limitations on award and negotiation of task orders, and subcontractors of the Department of De- the obligation of funds. management and oversight mechanisms; fense when employees of such contractors (c) REPORTS.— (3) the contractor’s use, management, and and subcontractors are mobilized as part of (1) REPORT ON GUIDANCE AND INSTRUC- oversight of subcontractors; and a United States military operation over- TIONS.—Not later than 150 days after the date (4) the staffing of contract management seas) of the enactment of this Act, the Secretary and oversight functions. of Defense shall submit to the congressional On page 235, between lines 6 and 7, insert (b) ELEMENTS.—The guidance and instruc- defense committees a report setting forth the following: tions issued pursuant to subsection (a) shall the guidance and instructions issued pursu- (4) For any action addressed under para- address, at a minimum— ant to subsection (a). graph (3)— (1) the contracts subject to independent (2) GAO REPORT.—Not later than two years (A) the impact of that action on small management reviews, including any applica- after the date of the enactment of this Act, business concerns (as that term is defined in ble thresholds and exceptions; the Comptroller General of the United States section 3 of the Small Business Act (15 U.S.C. (2) the frequency with which independent shall submit to the congressional defense 632)); and management reviews shall be conducted; committees a report on the extent to which (B) how contractors and subcontractors (3) the composition of teams designated to the guidance and instructions issued pursu- that are small business concerns may assist perform independent management reviews; ant to subsection (a) have resulted in im- in addressing any such disadvantage. (4) any phase-in requirements needed to en- provements to— AMENDMENT NO. 2300 sure that qualified staff are available to per- (A) the level of insight that senior Depart- form independent management reviews; ment of Defense officials have into the use of (Purpose: To require relevant reports to be (5) procedures for tracking the implemen- undefinitized contractual actions; submitted to the Committee on Small tation of recommendations made by inde- (B) the appropriate use of undefinitized Business and Entrepreneurship of the Sen- pendent management review teams; and contractual actions; ate) (6) procedures for developing and dissemi- (C) the timely definitization of On page 351, strike lines 7 through 10 and nating lessons learned from independent undefinitized contractual actions; and insert the following: management reviews. (D) the negotiation of appropriate profits (v) the Committee on Foreign Relations; and fees for undefinitized contractual ac- (c) REPORTS.— (vi) the Committee on Small Business and tions. (1) REPORT ON GUIDANCE AND INSTRUCTION.— Entrepreneurship; and Not later than 150 days after the date of the AMENDMENT NO. 2893 (vii) the Select Committee on Intelligence. enactment of this Act, the Secretary of De- (Purpose: To enhance the national defense AMENDMENT NO. 2864 fense shall submit to the congressional de- through empowerment of the Chief of the fense committees a report setting forth the National Guard Bureau and the enhance- (Purpose: To modify the provisions relating guidance and instructions issued pursuant to ment of the functions of the National to mandatory separation for years of serv- subsection (a). Guard Bureau) ice of Reserve officers in the grade of lieu- (2) GAO REPORT ON IMPLEMENTATION.—Not tenant general or vice admiral) At the end of division A, add the following: later than two years after the date of the en- On page 96, line 6, insert after ‘‘commis- actment of this Act, the Comptroller General TITLE XVI—NATIONAL GUARD BUREAU sioned service’’ the following: ‘‘or on the of the United States shall submit to the con- MATTERS AND RELATED MATTERS fifth anniversary of the date of the officer’s gressional defense committees a report on SEC. 1601. SHORT TITLE. appointment in the grade of lieutenant gen- the implementation of the guidance and in- This title may be cited as the ‘‘National eral or vice admiral, whichever is later’’. structions issued pursuant to subsection (a). Guard Empowerment Act of 2007’’.

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11815 SEC. 1602. EXPANDED AUTHORITY OF CHIEF OF ‘‘(1) To validate the requirements of the ‘‘10544. National Guard training and equip- THE NATIONAL GUARD BUREAU AND several States and Territories with respect ment: budget for military as- EXPANDED FUNCTIONS OF THE NA- to military assistance to civil authorities. sistance to civil authorities and TIONAL GUARD BUREAU. ‘‘(2) To develop doctrine and training re- for other domestic oper- (a) EXPANDED AUTHORITY.— quirements relating to the provision of mili- ations.’’. (1) IN GENERAL.—Subsection (a) of section tary assistance to civil authorities. 10501 of title 10, United States Code, is SEC. 1603. PROMOTION OF ELIGIBLE RESERVE ‘‘(3) To acquire equipment, materiel, and amended by striking ‘‘joint bureau of the De- OFFICERS TO LIEUTENANT GEN- other supplies and services for the provision partment of the Army and the Department ERAL AND VICE ADMIRAL GRADES of military assistance to civil authorities. of the Air Force’’ and inserting ‘‘joint activ- ON THE ACTIVE-DUTY LIST. ‘‘(4) To assist the Secretary of Defense in ity of the Department of Defense’’. (a) SENSE OF CONGRESS.—It is the sense of preparing the budget required under section (2) PURPOSE.—Subsection (b) of such sec- Congress that, whenever officers are consid- 10544 of this title. tion is amended by striking ‘‘between’’ and ered for promotion to the grade of lieutenant ‘‘(5) To administer amounts provided the all that follows and inserting ‘‘between— general, or vice admiral in the case of the National Guard for the provision of military ‘‘(1)(A) the Secretary of Defense, the Joint Navy, on the active duty list, officers of the assistance to civil authorities. Chiefs of Staff, and the commanders of the reserve components of the Armed Forces who ‘‘(6) To carry out any other responsibility combatant commands of the United States, are eligible for promotion to such grade relating to the provision of military assist- and (B) the Department of the Army and the should be considered for promotion to such ance to civil authorities as the Secretary of Department of the Air Force; and grade. Defense shall specify. ‘‘(2) the several States.’’. (b) PROPOSAL.—The Secretary of Defense ‘‘(c) CONSULTATION.—The Chief of the Na- (b) ENHANCEMENTS OF POSITION OF CHIEF OF shall submit to Congress a proposal for tional Guard Bureau shall carry out activi- NATIONAL GUARD BUREAU.— mechanisms to achieve the objective speci- ties under this section in consultation with (1) ADVISORY FUNCTION ON NATIONAL GUARD fied in subsection (a). The proposal shall in- the Secretary of the Army and the Secretary MATTERS.—Subsection (c) of section 10502 of clude such recommendations for legislative of the Air Force.’’. title 10, United States Code, is amended by or administrative action as the Secretary (3) BUDGETING FOR TRAINING AND EQUIPMENT inserting ‘‘to the Secretary of Defense, to considers appropriate in order to achieve FOR MILITARY ASSISTANCE TO CIVIL AUTHORI- the Chairman of the Joint Chiefs of Staff,’’ that objective. after ‘‘principal adviser’’. TIES AND OTHER DOMESTIC MISSIONS.—Chapter (c) NOTICE ACCOMPANYING NOMINATIONS.— (2) GRADE.—Subsection (d) of such section 1013 of title 10, United States Code, is amend- is amended by striking ‘‘lieutenant general’’ ed by adding at the end the following new The President shall include with each nomi- and inserting ‘‘general’’. section: nation of an officer to the grade of lieuten- ant general, or vice admiral in the case of (3) ANNUAL REPORT TO CONGRESS ON VALI- ‘‘§ 10544. National Guard training and equip- the Navy, on the active-duty list that is sub- DATED REQUIREMENTS.—Section 10504 of such ment: budget for military assistance to civil title is amended by adding at the end the fol- mitted to the Senate for consideration a cer- authorities and for other domestic oper- tification that all reserve officers who were lowing new subsection: ations ‘‘(c) ANNUAL REPORT ON VALIDATED RE- eligible for consideration for promotion to QUIREMENTS.—Not later than December 31 ‘‘(a) IN GENERAL.—The budget justification such grade were considered in the making of each year, the Chief of the National Guard documents materials submitted to Congress such nomination. Bureau shall submit to Congress a report on in support of the budget of the President for SEC. 1604. PROMOTION OF RESERVE OFFICERS the following: a fiscal year (as submitted with the budget TO LIEUTENANT GENERAL GRADE. ‘‘(1) The requirements validated under sec- of the President under section 1105(a) of title (a) TREATMENT OF SERVICE AS ADJUTANT tion 10503a(b)(1) of this title during the pre- 31) shall specify separate amounts for train- GENERAL AS JOINT DUTY EXPERIENCE.— ceding fiscal year. ing and equipment for the National Guard (1) DIRECTORS OF ARMY AND AIR NATIONAL ‘‘(2) The requirements referred to in para- for purposes of military assistance to civil GUARD.—Section 10506(a)(3) of title 10, United graph (1) for which funding is to be requested authorities and for other domestic oper- States Code, is amended— in the next budget for a fiscal year under ations during such fiscal year. (A) by redesignating subparagraphs (C), section 10544 of this title. ‘‘(b) SCOPE OF FUNDING.—The amounts (D), and (E) as subparagraphs (D), (E), and ‘‘(3) The requirements referred to in para- specified under subsection (a) for a fiscal (F), respectively; and graph (1) for which funding will not be re- year shall be sufficient for purposes as fol- (B) by inserting after subparagraph (B) the quested in the next budget for a fiscal year lows: following new subparagraph (C): under section 10544 of this title.’’. ‘‘(1) The development and implementation ‘‘(C) Service of an officer as adjutant gen- (c) ENHANCEMENT OF FUNCTIONS OF NA- of doctrine and training requirements appli- eral shall be treated as joint duty experience TIONAL GUARD BUREAU.— cable to the assistance and operations de- for purposes of subparagraph (B)(ii).’’. (1) ADDITIONAL GENERAL FUNCTIONS.—Sec- scribed in subsection (a) for such fiscal year. (2) OTHER OFFICERS.—The service of an offi- tion 10503 of title 10, United States Code, is ‘‘(2) The acquisition of equipment, mate- cer of the Armed Forces as adjutant general, amended— riel, and other supplies and services nec- or as an officer (other than adjutant general) (A) by redesignating paragraph (12) as essary for the provision of such assistance of the National Guard of a State who per- paragraph (13); and and such operations in such fiscal year.’’. (B) by inserting after paragraph (11) the forms the duties of adjutant general under (4) LIMITATION ON INCREASE IN PERSONNEL following new paragraph (12): the laws of such State, shall be treated as OF NATIONAL GUARD BUREAU.—The Secretary joint duty or joint duty experience for pur- ‘‘(12) Facilitating and coordinating with of Defense shall, to the extent practicable, poses of any provisions of law required such other Federal agencies, and with the several ensure that no additional personnel are as- duty or experience as a condition of pro- States, the use of National Guard personnel signed to the National Guard Bureau in motion. and resources for and in contingency oper- order to address administrative or other re- ations, military operations other than war, quirements arising out of the amendments (b) REPORTS ON PROMOTION OF RESERVE natural disasters, support of civil authori- made by this subsection. MAJOR GENERALS TO LIEUTENANT GENERAL ties, and other circumstances.’’. GRADE.— (d) CONFORMING AND CLERICAL AMEND- (2) MILITARY ASSISTANCE FOR CIVIL AU- (1) REVIEW REQUIRED.—The Secretary of MENTS.— THORITIES.—Chapter 1011 of such title is fur- the Army and the Secretary of the Air Force (1) CONFORMING AMENDMENT.—The heading ther amended by inserting after section 10503 shall each conduct a review of the promotion of section 10503 of title 10, United States the following new section: practices of the military department con- Code, is amended to read as follows: ‘‘§ 10503a. Functions of National Guard Bu- cerned in order to identify and assess the reau: military assistance to civil authorities ‘‘§ 10503. Functions of National Guard Bu- practices of such military department in the ‘‘(a) IDENTIFICATION OF ADDITIONAL NEC- reau: charter’’. promotion of reserve officers from major ESSARY ASSISTANCE.—The Chief of the Na- (2) CLERICAL AMENDMENTS.—(A) The table general grade to lieutenant general grade. tional Guard Bureau shall— of sections at the beginning of chapter 1011 (2) REPORTS.—Not later than 60 days after ‘‘(1) identify gaps between Federal and of such title is amended by striking the item the date of the enactment of this Act, the State capabilities to prepare for and respond relating to section 10503 and inserting the Secretary of the Army and the Secretary of to emergencies; and following new items: the Air Force shall each submit to the con- ‘‘(2) make recommendations to the Sec- gressional defense committees a report on retary of Defense on programs and activities ‘‘10503. Functions of National Guard Bureau: the review conducted by such official under of the National Guard for military assistance charter. paragraph (1). Each report shall set forth— to civil authorities to address such gaps. ‘‘10503a. Functions of National Guard Bu- (A) the results of such review; and ‘‘(b) SCOPE OF RESPONSIBILITIES.—In meet- reau: military assistance to (B) a description of the actions intended to ing the requirements of subsection (a), the civil authorities.’’. be taken by such official to encourage and Chief of the National Guard Bureau shall, in (B) The table of sections at the beginning facilitate the promotion of additional re- coordination with the adjutants general of of chapter 1013 of such title is amended by serve officers from major general grade to the States, have responsibilities as follows: adding at the end the following new item: lieutenant general grade.

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11816 CONGRESSIONAL RECORD — SENATE September 20, 2007 SEC. 1605. REQUIREMENT THAT POSITION OF (2) Any other hazards identified in a na- amendment which would redeploy DEPUTY COMMANDER OF THE tional planning scenario developed by the troops in a fashion very inconsistent UNITED STATES NORTHERN COM- Homeland Security Council. MAND BE FILLED BY A QUALIFIED with what we are doing on the ground. NATIONAL GUARD OFFICER. SEC. 1607. ADDITIONAL REPORTING REQUIRE- What we are doing now is a long over- MENTS RELATING TO NATIONAL (a) IN GENERAL.—A position of Deputy GUARD EQUIPMENT. due change in strategy. We have more Commander of the United States Northern Section 10541 of title 10, United States forces than we have ever had before, Command shall be filled by a qualified offi- Code, is amended by adding at the end the and they are very much needed. cer of the National Guard who is eligible for promotion to the grade of lieutenant gen- following new subsection: The one thing I can say without any ‘‘(d) Each report under this section con- eral. doubt is the old strategy, before the (b) PURPOSE.—The purpose of the require- cerning equipment of the National Guard surge, was not producing the results we ment in subsection (a) is to ensure that in- shall also include the following: were hoping for in terms of security formation received from the National Guard ‘‘(1) A statement of the accuracy of the and political reconciliation. After Bureau regarding the operation of the Na- projections required by subsection (b)(5)(D) contained in earlier reports under this sec- about the third trip to Baghdad, it was tional Guard of the several States is inte- obvious to me the game plan we had in grated into the plans and operations of the tion, and an explanation, if the projection United States Northern Command. was not met, of why the projection was not place after the fall of Baghdad was not SEC. 1606. REQUIREMENT FOR SECRETARY OF met. working. I was told time and time DEFENSE TO PREPARE ANNUAL ‘‘(2) A certification from the Chief of the again, we have enough troops, the in- PLAN FOR RESPONSE TO NATURAL National Guard Bureau setting forth an in- surgency is in its last throes, and there DISASTERS AND TERRORIST ventory for the preceding fiscal year of each are a few dead-enders. Well, that was EVENTS. item of equipment— (a) REQUIREMENT FOR ANNUAL PLAN.—Not the furthest thing from the truth. ‘‘(A) for which funds were appropriated; The truth is the security environ- later than March 1, 2008, and each March 1 ‘‘(B) which was due to be procured for the thereafter, the Secretary of Defense, in con- National Guard during that fiscal year; and ment in Iraq got completely out of sultation with the commander of the United ‘‘(C) which has not been received by a Na- hand, al-Qaida flourished under the old States Northern Command and the Chief of tional Guard unit as of the close of that fis- strategy, they were able to thrive in the National Guard Bureau, shall prepare cal year.’’. parts of Anbar, and it was evolving and submit to Congress a plan for coordi- AMENDMENT NO. 2941 into complete chaos. Thank God we nating the use of the National Guard and had the ability and the willingness as a members of the Armed Forces on active duty (Purpose: To modify the termination of as- when responding to natural disasters, acts of sistance to State and local governments nation, through our Commander in terrorism, and other man-made disasters as after completion of the destruction of the Chief and through this Congress, to ap- identified in the national planning scenarios United States chemical weapons stockpile) point a new general with a new idea. described in subsection (e). At the end of subtitle D of title XIV, add The idea that he is employing now is (b) INFORMATION TO BE PROVIDED TO SEC- the following: long overdue. More troops have pro- RETARY.—To assist the Secretary of Defense SEC. 1434. MODIFICATION OF TERMINATION OF vided better security, and they have in preparing the plan, the National Guard ASSISTANCE TO STATE AND LOCAL been able to accomplish this by Bureau, pursuant to its purpose as channel of GOVERNMENTS AFTER COMPLETION communications as set forth in section OF THE DESTRUCTION OF THE partnering with the Iraqi Army in a 10501(b) of title 10, United States Code, shall UNITED STATES CHEMICAL WEAP- new way. ONS STOCKPILE. provide to the Secretary information gath- The old strategy, which we are trying Subparagraph (B) of section 1412(c)(5) of ered from Governors, adjutants general of to go back to with this amendment, the Department of Defense Authorization States, and other State civil authorities re- had us in a training role. We were liv- Act, 1986 (50 U.S.C. 1521(c)(5)) is amended to sponsible for homeland preparation and re- read as follows: ing behind walls, training during the sponse to natural and man-made disasters. ‘‘(B) Assistance may be provided under this day, and pretty much disengaged from (c) TWO VERSIONS.—The plan shall set forth the fight. We are now out from behind two versions of response, one using only paragraph for capabilities to respond to members of the National Guard, and one emergencies involving an installation or fa- those walls, living with the Iraqi using both members of the National Guard cility as described in subparagraph (A) until troops in joint security stations all and members of the regular components of the earlier of the following: over Baghdad and all over the country. the Armed Forces. ‘‘(i) The date of the completion of all We are living, eating, training, and grants and cooperative agreements with re- (d) MATTERS COVERED.—The plan shall fighting with the Iraqi Army. And Gen- spect to the installation or facility for pur- cover, at a minimum, the following: eral Jones tells us they are getting bet- (1) Protocols for the Department of De- poses of this paragraph between the Federal Emergency Management Agency and the ter. fense, the National Guard Bureau, and the Anbar Province is dramatically dif- Governors of the several States to carry out State and local governments concerned. operations in coordination with each other ‘‘(ii) The date that is 180 days after the ferent. Six months ago, it was reported and to ensure that Governors and local com- date of the completion of the destruction of by the Marine Corps to have been lost munities are properly informed and remain lethal chemical agents and munitions at the to the enemy called al-Qaida. Well, a in control in their respective States and installation or facility.’’. couple of things happened that are in- communities. Mr. GRAHAM. Let’s call it a day. deed good news. No. 1, the people who (2) An identification of operational proce- Mr. LEVIN. There are several Sen- lived in Anbar, who had a taste of al- dures, command structures, and lines of ators on the way over. The Presiding Qaida life, decided they did not want to communication to ensure a coordinated, effi- Officer, I know, looks forward to the live that way. Why? Well, what hap- cient response to contingencies. continuation of the session with his (3) An identification of the training and pened in Anbar Province when al-Qaida equipment needed for both National Guard good nature. was in charge? Awful, terrible, vicious personnel and members of the Armed Forces I suggest the absence of a quorum. things that really cannot even be on active duty to provide military assistance Mr. GRAHAM. Mr. President, while talked about on the floor of the Senate. to civil authorities and for other domestic we are awaiting other Senators to ar- They imposed a way of life on the operations to respond to hazards identified rive, I would like a few minutes to Anbar Sunnis that did not meet the in the national planning scenarios. speak against my good friend’s amend- test of human decency, and the people (e) NATIONAL PLANNING SCENARIOS.—The ment. living in Anbar rejected al-Qaida be- plan shall provide for response to the fol- The PRESIDING OFFICER. Does the lowing hazards: cause they overplayed their hand. (1) Nuclear detonation, biological attack, Senator withdraw his request for a The difference between us and our biological disease outbreak/pandemic flu, the quorum call? enemy in Iraq, al-Qaida, is pretty obvi- plague, chemical attack-blister agent, chem- Mr. LEVIN. Of course, I withdraw the ous. This organization that is tied to ical attack-toxic industrial chemicals, chem- request. bin Laden, but also has Iraqi members, ical attack-nerve agent, chemical attack- The PRESIDING OFFICER. The Sen- they are the type of people if you don’t chlorine tank explosion, major hurricane, ator from South Carolina. do what they say, they will take the major earthquake, radiological attack-radio- AMENDMENT NO. 2898 family out into the street, take a 5- logical dispersal device, explosives attack- bombing using improvised explosive device, Mr. GRAHAM. Mr. President, the year-old child in the presence of the biological attack-food contamination, bio- choice for the Congress is whether or parents, cover the child in gasoline, logical attack-foreign animal disease and not we retreat from a policy that ap- and set the child on fire. That is our cyber attack. pears to be working by adopting this enemy. That is the enemy of everybody

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11817 who loves freedom and human decency. Now, my good friend, Senator LEVIN, Another problem of a failed state is That happened in Anbar, and things has a view that the more troops we that the Kurds will likely go to war like that happened time and time have in Iraq, the longer we stay there with Turkey over an independent again. with large numbers, the less likely the movement in the north. If the Sunnis The agenda that al-Qaida has for the politicians in Baghdad will reconcile think they are going to win in Iraq and world is a very dark view of the world, their differences through the political have the good old days of Saddam come particularly for women. And, thank process. I have a totally opposite view. back by using force, they are crazy and God, it has been rejected by those in I understand what he is saying, but they are naive. If the Shias think they Anbar. The surge gave the ability to there is no evidence that less troops are going to create a theocracy in Iraq, those living in Anbar to make a choice will provide quicker reconciliation. like Iran, and no one will say anything they never had before. The additional The Iraqis are dying three to one com- about it, they misunderstand the re- military support provided by the surge pared to our deaths and our injuries. gion. came along at a magic moment in time The sacrifices of this country are enor- I am convinced all three groups are when the people in Anbar were ready to mous, but do not forget the Iraqi peo- better off working together than trying take on al-Qaida. This additional com- ple are fighting and dying against ex- to work apart. I know this: We are bet- bat capacity cannot be underestimated tremist forces, and they are not indif- ter off if they do that. If they break in terms of how it has changed Iraq. It ferent to their fate. apart and this country becomes a failed certainly liberated Anbar from the The political reconciliation nec- state, 160,000 troops for a limited period clutches of al-Qaida. And the fact that essary to occur to bring this war to a of time will not be what our country Sunni Arabs are willing to turn on al- successful conclusion has not occurred will be faced with in terms of choices. Qaida and join coalition forces is good in Baghdad, but it is occurring at the We will have a large American military local level. So, in my opinion, it is just news for the world. presence in the Mideast, containing a a matter of time before the local rec- This amendment would basically variety of conflicts that do not exist onciliation we see in Anbar and other undo many of the successes we have today because the problems in Iraq will places in Iraq comes to Baghdad. And had in terms of adding more combat spill over in the region. the best pressure to put on any politi- power. Things are getting better I believe that is a likely consequence. cian in any place in the world where around Baghdad. There is still a lot of That is a reasonable consequence of a people vote to elect their politicians is fighting. Al-Qaida has not been com- failed state. I cannot promise that they for all people to speak up and put pres- pletely vanquished, but they are cer- will go from a dysfunctional govern- sure on their elected officials—not for tainly diminished. Iran is playing hard ment to a stable government, a secure Senator GRAHAM or Senator LEVIN or in Iraq right now. They understand government, one that is an ally on the Senator CLINTON or Senator MCCAIN to war on terror with us that would reject what is going on on the floor of the tell the Maliki government what to do, al-Qaida and contain Iran. But I believe Senate. but their own people telling them what Why are the Iranians trying to kill this: the best shot to bring that about to do. American forces? What is the goal of After being there eight times, the is to continue the mission and the the Iranian regime when it comes to people in Iraq I meet are more war surge as planned out by General Iraq? I think the goal is to drive us out. weary than ever. They are coming to- Petraeus, to continue the strategy that Does Iran want a completely chaotic gether more at the local level than at we have now that has shown results we Iraq? No. Does Iran want a representa- any other time. Better security is have never known before. If we pull tive government in Iraq? Absolutely emboldening the Iraqi people to make back now, it will undo all the accom- not, because the biggest threat to this the hard decisions that will eventually plishments that have come from a lot Iranian theocracy would be a rep- reconcile their country. The idea of of sacrifice, a lot of blood, and a lot of resentative government on their border terminating this operation now, put- treasure. where Sunnis, Shias, and Kurds would ting a deadline or a timeline to with- At the end of the day, the Iraqi polit- live together and elect their own lead- draw will undercut everything we have ical leadership has to embrace the hard ers. The biggest threat to Syria, this achieved. The politicians will change decisions necessary to pull their coun- dictatorship in Syria, would be a rep- their attitude. Instead of looking at try together. They are more likely to resentative democracy on their border. how to reconcile their country, they do that when they are less worried So if you are waiting on Iran and will be looking at how to protect their about their families being killed as Syria to come in and help us form a families when the Americans leave. they reach across the aisle. moderate way of doing business, where So I am not for an unending, unlim- It is hard to reach across the aisle people can elect their leaders and ac- ited commitment of 160,000 troops. I am here. The Presiding Officer and I have cept each other’s differences and live for keeping an American military pres- worked on immigration. We know how together with tolerance, you can forget ence in Iraq that helps my country— hard it is. We will keep coming back it because it is a threat to the dictator- helps our country. We need to look at and bringing up hard issues such as So- ships and the theocracies that exist. every decision we make in Iraq now cial Security and immigration until we I think it is in our national security and in the future from the viewpoint find a solution. But imagine reaching interests to allow General Petraeus to of, does it enhance our national secu- across the aisle in Iraq where the con- continue a strategy that is bringing rity? Is it better to have 160,000 Amer- sequence would be that your family is about better security than we have ican forces in Iraq now to stabilize a murdered. ever seen before. Now is not the time dysfunctional government or is it bet- The better security we can bring to pull back. Now is the time to recom- ter to bring them home, knowing the about in terms of Iraq for the judges, mit American forces, and the political, most likely result will be a failed the politicians, and the population as a military, and economic power to finish state? whole, the more likely they are to do the job that has been started. A dysfunctional government exists in the hard things. And I do believe they I think the idea that the war in Iraq Iraq and here in Washington. But there are ready to do the hard things because is a civil war just misses the boat. The is a big difference between a dysfunc- they have had a hard life. The Iraqi truth is, there are many things going tional government and a failed state. A people are not perfect. I don’t think we on in Iraq. Some of them are local to dysfunctional government is one that realized how hard it was to have lived Iraq, but many of them have inter- keeps trying but fails to do the hard in that country under Saddam Hussein. national implications and longstanding things. A failed state is a place where The fear that if your daughter walked national security consequences for this no one tries anymore. They go back to down the street, she might catch the country. Why did the Iranian President the corners of their own country and eye of one of Saddam’s sons; the way say he stood ready to fill any vacuum the regional players begin to take sides they have had to live under Saddam created in Iraq? Because he would like and you have absolute chaos. Iran is Hussein is unimaginable, and the chaos to expand his power. The question for the biggest winner of a failed state be- that they have experienced from al- us is, is it in our national security in- cause they will dominate the southern Qaida coming there, throwing bombs at terest to allow a vacuum to be created? part of Iraq. different mosques and bringing up old

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11818 CONGRESSIONAL RECORD — SENATE September 20, 2007 wounds has been very difficult to deal I want to note, first of all, that this on diplomacy—which I will talk about with. But they keep trying. When one amendment has been offered before. We at length a few minutes later—that has police officer is killed, someone else voted on similar amendments over the to be the mission we should focus on in takes their place. When an army per- course of this year, and I am glad we Iraq. son is killed, someone else joins the are voting on it again because I think That is what Reed-Levin does, among army. When a judge is assassinated, the American people, time and again, other things. It focuses at long last on somebody else comes forward to be a have told us it is time, at long last, to a mission that we know our troops can judge. change the course in Iraq and to focus continue to achieve. But also it focuses They are trying. And I do believe, if on a new policy. in a real way on transitioning this mis- we will continue the strategy employed Sometimes we talk about this sion and focusing on a redeployment of by General Petraeus, even though po- amendment and we fail to mention our forces, our combat forces. litical reconciliation is lagging behind something about the sponsors of this I think some of what has formed the security, it will not be much longer amendment. We are talking about two way I vote and the way lot of us vote until the politicians in Baghdad em- Members of the Senate with broad ex- is our time in Iraq. I spent a day and a brace the hard decisions necessary to perience in this body, tremendous half in Iraq. Some people can say: What bring reconciliation to their country. years of public service, but also a lot of can you learn in a day and a half? You And I believe that for a couple of rea- years on the Armed Services Com- can learn a lot about Iraq in that short sons. No. 1, their people want it; and, mittee and other committees that have amount of time. I learned, not just in No. 2, they have the opportunity now, informed their judgment. The two the meetings we had but a good part of through better security, to bring it Members of the Senate, JACK REED and our time in Iraq—Senator DURBIN and I about. CARL LEVIN, I am speaking about, have were there in the early part of Au- So to my good friend, Senator LEVIN, both been to Iraq innumerable times, gust—a good part of our time was out- I understand exactly his concern. It is learning about what is happening there side the Green Zone. You get a sense, a a judgment call. I think when you are and focused in a real way on helping us fleeting sense, a glimpse, but you get a dealing with extremists, when you are get this policy right. sense of the insecurity of Baghdad dealing with the Iranian President, the Our troops have done everything we when you are outside of that Green last thing in the world you do is to asked of them, time and again. Every Zone. show weakness. You make sure they mission, every battle, they have done I have heard a lot of discussion about understand, al-Qaida and Iran, and any their job. It is about time the Congress things that have been happening in other extremist group, that America is of the United States and the President Anbar. Frankly, our marines have done going to do what is necessary to defend of the United States do our job to a great job there and our troops have her vital interests and that we are change the course in Iraq and to focus done a great job in Baghdad. But Bagh- going to stand with forces in modera- on a new policy. dad is a lot more complicated than tion. Fortunately, this amendment, I Anbar, and we should recognize that. It My biggest fear, if we begin to with- think, has tremendous support in the is a lot more difficult assignment going draw now and redeploy to the old mis- Senate. We have already seen this be- forward. sion, is that all of those who have fore. Much more than a majority of What do we see in Baghdad? Every risked their lives to help us will surely Senators will vote for this amendment. time you go outside the Green Zone meet the fate of that 5-year-old boy. I hope we can get it to 60 votes at long you travel in a convoy. We were given And that is not in our national inter- last. great protection, not only by those est. That is not the right thing to do. Let’s talk about it for a moment. who were traveling with us but also by We will come home. But as Senator This is a very basic amendment, which people from the State Department and MCCAIN says, we need to come home fundamentally says we have to change others. We appreciated that. But you with honor. Equally important, we the course in Iraq; we have to begin to wear body armor wherever you go—in- need to come home with a more secure redeploy our combat forces so the Iraqi side the vehicle, outside the vehicle. America. forces can takeover, ultimately. But it You wear a combat helmet, a Kevlar I think we are on the road to bring- also focuses in a real way on helmet. You are surrounded by people ing about withdrawal with honor and a transitioning this mission. Our mission with weapons to protect you. So you more secure America by having a more should be about a couple of things our get a sense of the insecurity there. stable Iraq. The worst thing to do now soldiers have already proven time and Then, when we were traveling to the is to go back to a strategy that has again that they do very well. The mis- President’s house our second day there, failed when the one that we have in sion should be transitioned to a much almost the entire trip to President place is beginning to work. more focused mission: First of all, to Talabani’s house where he resides was Mr. President, I yield the floor. hunt down and kill terrorists in Iraq. in a military convoy with helicopters The PRESIDING OFFICER. The Sen- That is fundamental to our mission. flying overhead to protect us. When I ator from Pennsylvania. Our mission has to include training of got on a Blackhawk helicopter to go UNANIMOUS CONSENT AGREEMENT—H.R. 1495 the Iraqi security forces. We see in re- from an airport to a patrol base outside Mr. CASEY. Mr. President, I ask port after report, especially at the the city of Baghdad where our forces unanimous consent that on Monday, level 1 of readiness, the ability for the are doing a great job against al-Qaida, September 24, at 3 p.m., the Senate Iraqi forces to independently, without what do we have to do? We get into a turn to the consideration of the con- help from American forces, take over Blackhawk helicopter and fly at a very ference report on the water resources the fight against the enemy. We have high rate of speed over the rooftops to bill, H.R. 1495; that the time until 5:45 to make sure that training moves for- avoid being attacked. We saw in the p.m. be divided for debate as follows: 30 ward much more aggressively and in a last couple of weeks what happened to minutes under Senator FEINGOLD’s con- much more focused way than we have a C–130, with distinguished Members of trol, with the remainder of the time seen already. But that is not hap- the Senate, some of them here on the under the control of the two leaders or pening. So we need to train the Iraqi floor today, being fired upon by the their designees; and that at 5:45 p.m. security forces. enemy. the Senate, without any intervening Finally, we have to make sure we You see the insecurity all around action or debate, vote on passage of the protect our troops and their infrastruc- you. You see the insecurity when we conference report. ture and also the civilian personnel we were meeting at the patrol base and a The PRESIDING OFFICER. Without have in Iraq. We have seen all those missile landed and we heard the explo- objection, it is so ordered. personnel doing a great job as well— sion 400 yards from us. Mr. CASEY. Mr. President, I rise from the State Department and other What I am trying to convey is the today to speak about the war in Iraq, parts of our Government. But if we can sense we had of the insecurity of Bagh- and in particular to speak about an focus, as we should, on a redeployment dad. It is a real presence there, that amendment that we will be voting on of our combat forces and focus on the feeling of insecurity. It is a fact. We tomorrow, the Reed-Levin amendment. terrorists, focus on training, and focus should recognize this mission is very

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11819 difficult for our troops. They have met been asked to referee someone else’s very simple notion that it is time we every assignment. civil war. We have asked them to do implement a diplomatic surge that What we have to do is give our troops that. I heard language in this Chamber, matches any military surge. It sends a a policy and a strategy which matches and we heard it from the President—he crystal-clear message to the White their valor. We don’t have that right talks about victory, victory, victory. House: The time for sustained regional now. The President should start acting He uses phrases such as that and some diplomacy is now, and it deserves the more like a Commander in Chief in- people here have used those phrases. highest priority of the President, stead of someone who is reading talk- Do you know what. I think the more President Bush, and the Secretary of ing points for his side of the argument. accurate phrase and the more descrip- State, Secretary Rice. When I was listening to the President tive, to describe what is happening We all recognize in hindsight how di- the other night, unfortunately, what he there, is what Ambassador Crocker plomacy was critically missing from conveyed to me was a sense that he said to me in Baghdad. I challenged the strategic planning of the United was selling a message instead of lead- him and General Petraeus, and they States in the runup to this war. We all ing. I don’t think he has led in a way both said: No, that is not the right lan- know that now. That is almost not that has brought this Congress to- guage. What the mission has to be is to even debated anymore. Yet we have gether, frankly. It is about time we had stabilize that Government, not to have paid little heed to diplomacy in the a mission and a strategy that matched some Hollywood victory that sets our frustrating years since our initial inva- the brilliance and the valor of our troops up for something not achiev- sion. The United States continues to troops. able. Our troops have done their job. It treat Iraq as some kind of isolated box, When I was in Iraq, we would hear is about time we have the right policy failing to recognize the complex link- these phrases from the Iraqi leaders: and the right language that matches ages between the various sectarian We need more time. You need to be pa- the valor of our troops. groups inside Iraq and their patrons tient in America. I heard this phrase I We see what these troops and their and supporters in the broader Middle have never heard before, we need ‘‘stra- families have sacrificed, and we see East region. It is time we made Iraq tegic patience.’’ I still don’t know what some of the horror of battle. We went less America’s problem and more a re- that means, but the Iraqi political into the combat support hospital, right sponsibility for its regional neighbors leaders were telling us that over and in the middle of Baghdad. You see in and the international community. over again. I have to say, on behalf of that hospital doctors and nurses, en- Let me highlight quickly the ele- the people of Pennsylvania and on be- listed men and women who are doing ments of this amendment, very specific half of the 175 families who lost some- that job 24 hours a day under the most steps. First of all, the United States one in Iraq already, I have to say to difficult circumstances. In one case, should implement a comprehensive dip- these Iraqi leaders: We have shown taking care of a little child, a girl who lomatic offensive. It has not been done strategic patience, whatever that had been left in the streets of Baghdad yet. No. 2, the United States should means. We have shown patience and when her parents were killed. These bring together Iraq’s neighbors forbearance and our troops and their doctors and nurses were ministering to through a regional conference or other families have sacrificed over and over her, just like they minister to the mechanism. That has not been done again. It is about time for you, Mr. or troops who come in from the battle- yet—part of it has, but it has not been Mrs. Iraqi Leader, to get your act to- field. done as it should. No. 3 definitely has gether and take overt responsibility of We think of a lot of lessons from his- not been done, especially when it per- taking on this enemy for the next gen- tory. We remember what Abraham Lin- tains to the President: The President eration, taking the corruption out of coln said when he was talking about and the Secretary of State should in- your police force, and governing your the Civil War. He talked about what vest their personal time and energy in these diplomatic efforts. This cannot country so you can have a government happens to those who die or are wound- be done by proxy or surrogate. They of national unity. ed in battle—especially those who die. But all they ask for is patience. He talked, at the time, about making have to be engaged fully. In addition to Whenever the Iraqi political leaders sure we are doing everything possible that, the President, I believe, and Sen- ask for patience, the one who pays to remember and to help the families ator MURKOWSKI believes, should ap- point a high-level Presidential envoy most of the price is not anybody in of those who perished. As Abraham to the region. The U.S. Ambassador to Congress. It isn’t anybody in the White Lincoln said: ‘‘ . . . to help him who the United Nations should seek the ap- House. The people who pay the price has borne the battle, and his widow and pointment of an international medi- are the troops and their families—over his orphan.’’ ator in Iraq to engage the political, re- and over again. We are reaching the When we debate on this floor about ligious, ethnic, and tribal leaders in end of our patience, I think I would say this policy, debate about veterans health care, we are trying to do our Iraq. and have said to those Iraqi leaders. Finally, the United States should Finally—I don’t wish to spend too best to enact policy that is supportive more directly press Iraq’s neighbors to much time on our trip—one of the most of those troops who have perished in open fully operating embassies in poignant parts of our trip, and it has battle and those families. Baghdad. connection and relevance to what we We have to make sure we do every- I will conclude with that. There is so voted on today and yesterday and will thing possible to get this policy right. much that has to be done on diplomacy tomorrow, is the sense you get from I believe a giant step forward to doing and there is so much more we have to our troops. You know the bravery of that would be to support the Reed- do. We have to keep debating this those troops—troops from Pennsyl- Levin amendment and to support other issue, keep pushing forward to achieve vania, from small towns in Bradford measures that help us change our a better policy. County, way up in northeastern Penn- course. We lost an opportunity yester- I believe two parts of that are the en- sylvania, troops from the inner city of day when we didn’t get to 60 votes on actment of the Reed-Levin amend- Philadelphia, who were in the same the Webb amendment. That was a bad ment, first of all, and in addition to mission, sitting at the same table to day in the Senate. But we have to keep that the amendment that I and Sen- have what goes for lunch over there— trying, and we will try again tomorrow ator MURKOWSKI have worked together very simple food that they have to eat on this vote. on, to have a real diplomatic surge in every day. But what I got from our I wish to conclude with some re- Iraq. troops was a real sense of commitment, marks about an amendment I have of- I yield the floor. a real sense of focus on their mission. fered along with Senator MURKOWSKI, The PRESIDING OFFICER (Mr. We have to do everything we can to an amendment which focuses on some- TESTER). The Senator from Michigan. make sure they have the resources thing we all talk about a lot but, Mr. LEVIN. Mr. President, I ask they need. frankly, the administration has not unanimous consent that Senators now But a lot of our troops are being done nearly enough about, and that is be recognized in the following order: asked to referee a civil war. No Amer- diplomacy. This amendment is a sense- Senator LIEBERMAN, Senator SMITH, ican fighting men or woman has ever of-the-Senate amendment expressing a Senator KYL.

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11820 CONGRESSIONAL RECORD — SENATE September 20, 2007 The PRESIDING OFFICER. Without forces to a limited presence, undefined will be more than General Petraeus’s objection, it is so ordered. number, to carry out the following diplomatic term, ‘‘premature,’’ and Mr. LIEBERMAN. Mr. President, I missions: to protect the U.S. and coali- probably more than the NIE’s direct rise to speak against the amendment tion personnel and infrastructure, term, ‘‘would erode the security gains introduced by Senators LEVIN and training, equipping, providing achieved so far.’’ I think it would begin REED, my friends. I actually say that logistical support to the Iraqi security to unwind Iraq and lead to a victory for with full meaning. I have great respect forces, and engaging in targeted coun- al-Qaida and Iranian-backed terrorists. for the Senators from Michigan and terterrorism operations against al- I think it is particularly unjustified for Rhode Island. I even like them. But in Qaida, al-Qaida affiliated groups, and Congress to take up this amendment this case, I am in deep disagreement other international terrorist organiza- now, the moment we are seeing evi- about the amendment they have of- tions. dence of real progress in Iraq. fered. As I will make clear in a moment, I I know some of the supporters of the This is the most recent iteration of a am particularly troubled that that amendment suggest that by with- series of amendments Senators LEVIN does not include the groups Iran is drawing forces, we would force the and REED have put in. It changes training, equipping, and then sending Iraqi Government to achieve the polit- slightly from earlier versions, but the back into Iraq which have killed hun- ical progress we all want. There is no strategy is essentially the same, and in dreds of American soldiers and thou- doing so, it ignores, I say respectfully, military solution, only a political solu- sands of Iraqi soldiers and civilians. tion that will ultimately end this. That all the changes that have occurred in In ordering a withdrawal within 90 Iraq on the ground in the months that is true. But let me say this: That days, in ordering a transition from a misses one powerful reality in Iraq have gone by since the first Levin-Reed strategy that is working to a strategy amendment was introduced. It also ig- today. We are now not just fighting to that I believe will fail, as I said at the give Iraqis the stability to reach polit- nores the clearly stated counsel of the outset, this amendment ignores the National Intelligence Estimate, of the ical reconciliation and the ability to best evidence and judgment we have self-govern, we are fighting al-Qaida head of the independent Commission to based on what is happening on the evaluate Iraqi security forces, GEN and Iranian-backed terrorists. That re- ground. quires a military solution. So to say Jim Jones, and it ignores much of the The National Intelligence Estimate testimony General Petraeus and Am- the goal here is just to make sure the commented quite clearly about what Iraqi leadership reaches some accom- bassador Crocker, who live on the would happen if we limited the mission ground, gave to Congress and the modations with one another—that is our solders in Iraq were allowed to un- not the end of it. You can have that American people last week. dertake prematurely. It warned us in I rise to oppose it because I think it happen, and if we pulled out pre- no uncertain terms that: does not reflect the successes we have maturely, al-Qaida and Iran could blow had, and if it ever passed, it would take Changing the mission of coalition forces the whole thing apart, and it would be from a primarily counterinsurgency and sta- a devastating loss for Iraq, for the re- us from this strategy which is bringing bilization role [which is the current Petraeus success to a strategy which would strategy] to a primary combat support role gion, and for the security of the people bring us to failure. It orders a change for Iraqi forces and counterterrorism oper- of the United States. of a strategy that is working and puts ations [which is the strategy that would be But listen to what Ambassador us on a course to a strategy that I be- imposed by this amendment] would erode the Crocker said about this idea to Con- lieve will fail disastrously. But at least security gains achieved so far. gress last week: everyone would have to acknowledge Not ‘‘might’’ but ‘‘would’’ erode the An approach that says we are going to that we do not know how it will work security gains achieved thus far. start pulling troops out regardless of the ob- as compared to the Petraeus strategy General Jones made very clear in tes- jective conditions on the ground and what that is now working. timony he gave just 2 weeks ago that: might happen in consequence of that could This amendment, as has been said, Deadlines can work against us. I think a actually push the Iraqis in the wrong direc- would first order the beginning of a re- deadline of this magnitude would be against tion, to make them less likely to com- duction of U.S. forces in Iraq not later our national interests. promise, rather than more likely. It would than 90 days from its enactment. Well, General Petraeus warned us last make them far more focused on building the walls, stacking the ammunition, and getting the interesting thing to say is that week that: ready for a big nasty fight without us General Petraeus and President Bush We need to ensure that we do not surrender around, than it would push them toward announced last week that a withdrawal a gain for which we fought very, very hard compromise and accommodation with the of American forces will begin this by being locked into a timetable. people who would be on the other side of that month. It will reach over 5,000 by the Likewise, we heard from General fight. end of this year, by Christmastime. Petraeus, who bluntly told us: That is Ambassador Crocker, who Quite remarkable. Unexpected. Not While one may argue that the best way to lives with those people every day, the predicted. But why is it happening? It speed the process in Iraq is to change the leaders, the political leaders of Iraq, is happening because the surge strat- mission from one that emphasizes population and he is saying: Watch out, a pre- security, counterterrorism and transition, to egy, combined with the improvement mature withdrawal by the U.S. forces in the performance of the Iraqi secu- one that is strictly focused on transition and counterterrorism, making that change now would do exactly the opposite. It would rity forces, has allowed our commander not encourage the Iraqis to political on the ground to recommend to the would, in our view, be premature. That is diplomatic language chosen reconciliation; it would basically lead Commander in Chief, who has accepted them to hunker down for a civil war the recommendation, that we can re- by a military man speaking to Con- they fear would be following. duce some of our troop presence in Iraq gress last week: ‘‘would be premature.’’ without compromising the mission and Look, as our mission in Iraq succeeds You know what, from this distance, the security of Iraq. and hopefully continues to succeed as although I have been there six or seven But General Petraeus said very clear- it is now both in terms of stabilizing times now, it seems like common sense ly that he is not for congressionally- the country, reducing victims of sec- and human nature that if we pull out mandated deadlines, including this tarian violence, chasing al-Qaida, and, too soon, they are not going to wake up one; that as a general principle of war, most significantly, improving the ca- and suddenly make difficult political not just to support his own position, he pacity of the Iraqi security forces, we agreements; they are going to get feels—and I could not agree with him will transition our mission because the ready for civil war. This amendment is more—that withdrawals of American Iraqis and the environment will allow based on a premise that disregards ex- troops in battle ought to be made on us to do that, and there will be transi- actly what our Ambassador, a non- the basis of what is happening on the tion to something, I would guess, quite political career person, an expert on battlefield and at the recommendation like the goal of this amendment. But if the Middle East, is telling us would of the commanders on the battlefield. you force this by congressional action happen. Then the Levin-Reed amendment rep- before the commanders on the ground I would also point out, as I men- resents essentially a transition of U.S. tell us it can be safely implemented, it tioned briefly at the beginning, that

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11821 the amendment, I fear, would leave our chased out of an Arab country, Iraq, Levin-Reed amendment. I am proud to troops unable, even in their reduced particularly painful for them, chased cosponsor this amendment because it mission role, to respond to and go after out of an enormous Sunni Arab prov- calls for what I have been stating all Iranian operatives and Iranian-backed ince, because they are all Sunni Mus- year. It sets up a timetable—a time- militias, the so-called special groups lims, and that they are on the verge of table we all know is inevitable—to that are in the midst of fighting a vi- what could be a humiliating defeat, if draw down our troops. Last week Gen- cious proxy war against American we continue to move this strategy for- eral Petraeus’s testimony highlighted troops and Iraqis in Iraq. ward against them. As we all know in what I consider to be the remaining General Petraeus testified last week our own lives, sometimes the people primary function of American troops in that: who bark the loudest are the ones who Iraq: to defeat al-Qaida, our mortal These elements have assassinated and kid- are the most insecure. I am beginning enemy. The organization which at- napped Iraqi governmental leaders, killed to wonder whether bin Laden and tacked us on 9/11 is being hounded from and wounded our soldiers with advanced ex- Zawahiri, who masterminded the at- its refuge in Anbar, fleeing from a le- plosive devices provided by Iran, and indis- tack against us on 9/11, are now, on thal mix of American forces and their criminately rocketed civilians in the inter- what has become the central battle- own destructive ideology. American national zone and elsewhere. field of the war with Islamist extre- troops should by all means continue So even in the reduced mission, it mism, al-Qaida, whether they are badly this assault on al-Qaida. But Anbar does provide for allowing our troops to losing that war. Province is not all of Iraq. In past go after al-Qaida but not the Iranian- What I am saying is, after a long years supporters of the war have point- backed operatives. And as Senator time President Bush looked at the ed to areas other than Anbar, such as MCCAIN I think quite compellingly facts, changed the strategy, and the the Shia and Kurdish provinces, to pointed out on the floor earlier today, new strategy is working. This amend- show that things are not going as badly what are our troops supposed to do ment, respectfully to its sponsors, does as they were in Fallujah and Ramadi. when they see someone walking along not regard the facts, does not look at Today they point to Anbar to show with an IED? Go up to them and say: the facts, does not accept the changes that things are not going as badly as Excuse me, sir, are you a member of a that have occurred in our strategy and the violence in Baghdad. sectarian militia or are you al-Qaida? the success it is bringing and basically I have visited Iraq numerous times; If you are sectarian militia, go ahead. continues as if nothing had changed. In and wherever I am with our troops, I If you are al-Qaida, I am sorry, I am doing so, if adopted, it would do a dis- am inspired by them. I have also be- going to have to capture you. service to our forces in Iraq who are come increasingly conscious of the fact That is not going to work. succeeding, to the cause of freedom in that I am in the eye of the hurricane. I am sure my colleagues, including Iraq and throughout the Muslim world, Relative peace wherever our troops are, the sponsors of this amendment, agree and to the cause of security of every but outside of us are swirling the winds that the United States has a vital na- American threatened by al-Qaida who of hatred and violence such of which tional interest in preventing the domi- we know is working, plotting, and in- the American people can scarcely nance of Iraq by the fanatical anti- tends to strike us again, and the fanat- imagine. American regime in Tehran, and yet ics who, unfortunately, control the This amendment explicitly defines this amendment would give our forces, Government of a great country, Iran, the role of the U.S. military in Iraq as as I read it, no authority to deal with who lead thousands and tens of thou- threefold. An appropriate amount of that critical mission after the transi- sands on any occasion they can in troops will remain to protect our dip- tion period is over. chants to ‘‘death to America.’’ That is lomats, our military installations, and I just want to say that at the end of what is on the line. That is what would our infrastructure. We will continue to last year, after too many months, too be jeopardized if this amendment were train, equip, and provide logistical and many months of a strategy that was passed. That is why I respectfully ask intelligence support to Iraqi security not working in Iraq, President Bush, as my colleagues to vote ‘‘no’’ on the forces, sharing intelligence with them. the Commander in Chief, finally said: I Levin-Reed amendment. Thirdly, and most importantly, we will have to change the strategy. He called I yield the floor. be there to turn over every rock, every in a lot of people to ask how should he The PRESIDING OFFICER (Mr. NEL- crevice, and seek out every al-Qaida change it in response to the reality on SON of Florida). The Senator from killer who wishes to harm Americans. the ground, which is that what we were Michigan. As I have spoken out pleading for a doing was not working, was not suc- Mr. LEVIN. Before Senator KYL is new course in Iraq, there has been a ceeding. He met General Petraeus, a recognized, before Senator SMITH is great cacophony of noise about how to man who had been in Iraq before, had recognized, under the current UC, we go forward. Some of my colleagues disagreed with the prevailing strategy, would then go to Senator KYL. I ask have wanted to cut off funding. In fact, and instead of being honored, he was unanimous consent that after Senator we voted that plan down resoundingly. sent out to Fort Leavenworth, where KYL, Senator KENNEDY be recognized Such a course, in my view, would be he did some great work. It is a great on this side of the issue and that after more than dishonorable; it would be place. But he really should have been Senator KENNEDY, Senator BILL NEL- dangerous. Some, on the other hand, raised up to continue the fight in Iraq. SON be recognized as the next speaker say: Let’s stay the course. I find that President Bush brought him back to in support of the Levin amendment. If troubling as well. What ‘‘stay the Iraq, accepted his ideas for a new strat- there is a speaker in opposition after course’’ means is, we will continue to egy of counterinsurgency, of stabilizing Senator KENNEDY, that Senator would spend $12 billion a month. We will lose Iraq. He gave him the 30,000-plus then come immediately after Senator roughly three American soldiers a day, troops, and it has worked. Remarkable. KENNEDY and before Senator NELSON. some of them Oregonians. In addition, We all know Iraq has not reached the The PRESIDING OFFICER. Is there there will be countless traumatized, goals we want it to reach, but assas- objection? wounded, and maimed for life, for sinations are down, deaths from sec- Mr. SESSIONS. I ask unanimous con- which I cannot find a number. tarian violence are down. American sent that I be added as a speaker at Underpinning the current course and and Iraqi forces are in control of most that point before Senator NELSON. But the argument of many of my colleagues of Baghdad now, not the militias. if Senator LOTT wishes to speak, I will is the hope, the predicate, that at the Most significantly, al-Qaida is on the yield to him. end of the road there will be an Iraqi run. I heard bin Laden and Zawahiri Mr. LEVIN. With that amendment, I Government that will govern effec- put out other tapes today. I wonder offer that UC. tively and democratically. I believe whether these tapes are a sign not of The PRESIDING OFFICER. Without President Bush’s formulation that we confidence but of insecurity by al- objection, it is so ordered. will stand down when they can stand Qaida’s leaders. I am beginning to won- The Senator from Oregon. up has it backwards. I have come to der whether they are worried about the Mr. SMITH. Mr. President, I rise the reluctant conclusion that based on fact that they are essentially being today as the lead Republican on the my numerous trips to Iraq, they will

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11822 CONGRESSIONAL RECORD — SENATE September 20, 2007 not stand up politically until we begin point fingers at which parties and did when they bombed the Golden standing down militarily. Like many of which voters and which Government Mosque in Samarra, and that our pri- my colleagues, I have been to Iraq re- branch got us where we are. That mary effort, therefore, is in defeating peatedly. To be with the troops, again, should not be the focus of our discus- al-Qaida in Iraq. is to be inspired, to be humbled in their sion today. But for the sake of the The reason I bring that point up here presence because of the remarkable American people, we should be dis- is also to go to the heart of one of the work they are doing and the cause for cussing the way forward, a way that in- points of the Levin-Reed amendment which they are fighting. As inspiring as cludes a United States victory over al- which is, we need to change our mis- that is, it is equally depressing to meet Qaida. Therefore, I rise as a Republican sion. Part of it is to change the mission with Iraqi political leaders, democrat- from Oregon to support the amend- to deal primarily with the counterter- ically elected, who we think ought to ment. I believe this legislation strikes rorism operations against al-Qaida and be focused on reconciliation. What I the right balance between the same old al-Qaida affiliated groups. That would have found is they are focused on re- stay the course policy and a panicked be certainly al-Qaida in Iraq and other venge. flight to the exit. international terrorist organizations. In Iraq there is ancient sectarian Do we have moral and strategic in- That is going to be one of the three strife which has produced a low-grade terests in Iraq? Of course, we do. Will new missions in addition to protecting civil war, a war which is not ours to we have those interests in the future? U.S. and coalition forces and infra- win and not one we can win. It is theirs Of course, we will. Should we ignore structure and training and equipping to win. We won the first war—Saddam those interests? Of course not. This the Iraqis. All three of those are part of our mis- was overthrown. Iraqis must now win language addresses those concerns, the sion today. It is simply not the case the peace. Civil wars end in one of two language of the Reed-Levin amend- that we can separate our mission today ways: One side wins and the other ment. I believe this legislation is the from this mission in any meaningful loses, or they fight it out until they best, most effective, most responsible way. As General Petraeus testified figure it out. My belief is that we delay way forward. when he was asked about a new mis- the day for them figuring it out with I urge the amendment’s adoption and sion, he said counterterrorism requires our current posture. yield the floor. not just the special operations forces— I would love to be proven wrong. I The PRESIDING OFFICER. The Sen- a relatively small force that would be pray President Bush is right. But I be- ator from Massachusetts. left behind under the proposal that is lieve it is our obligation to have this Mr. KERRY. Mr. President, I ask pending before us here—but it requires debate to help change the course in the unanimous consent that I be permitted other forces as well, including the kind policy of the United States Govern- to be the next Democrat to speak after of combat operations we engage in ment, and more importantly, to help the Chair, who is already in line in the today, our general conventional forces, change also the course in the policy of order. along with intelligence, reconnais- the Iraqi Government. I intend to use The PRESIDING OFFICER. Without sance, surveillance, and all of the other all my leverage as a Senator to change objection, it is so ordered. forces, which also include logistical Mr. KERRY. I thank the Chair. that course in Iraq, to get their Gov- support, that are currently used in the The PRESIDING OFFICER. Who ernment to govern. operations against al-Qaida and the My fear is that what our presence yields time? other terrorists who are there. and current posture are doing is simply Mr. SESSIONS. Mr. President, I be- So it is simply a mistake in concept keeping their civil war at a low-grade lieve the Senator from Arizona is to be here that somehow we are performing a level, a no-win situation for American recognized next. different mission today than would be troops in Iraq. There is no good option The PRESIDING OFFICER. The Sen- performed in the future, that that is a for how we come home, but it does ator from Arizona. counterterrorism mission and it can be seem to me this amendment best ex- Mr. KYL. Mr. President, in view of performed with different and less presses my own conclusions. That is the fact that there are a series of other troops. General Petraeus has said that why I cosponsored the amendment, to speakers who wish to address this mat- is simply not true. recognize al-Qaida as our mortal foe. ter, I am going to ask unanimous con- If you stop and think about it for a We must take them on wherever we sent to put an article in the RECORD to moment, you have heard reports of the can, even now in Iraq, but ultimately respond to one of the arguments that way some of these operations are con- we have to get capable and effective has been made, and then I will briefly ducted. You get good intelligence from Iraqi political leaders, too, to do the respond to the others. a predator aircraft or a human source most basic kinds of governing: To the point that this is a civil war or someone you have an Iraqi, al-Qaida, debaathification, setting up of local in Iraq and that is the justification for or other terrorist group that is going elections, allowing the processes of de- American forces being withdrawn, I to be planting an IED in a location or mocracy to work, establishing a rule of ask unanimous consent that an article they are making explosives in a loca- law that gives people confidence, by Frederick Kagan entitled ‘‘Al Qaeda tion, and you have an F–16 that has spending their oil revenue money for in Iraq,’’ dated September 10 and ap- been up in the air for an hour or two, the restructuring and the rebuilding of pearing in the Weekly Standard, be and they get this information, and their own country. We cannot want printed in the RECORD after my com- they relay it to the F–16, and they say: functioning democracy for Iraqis more ments. Go to these coordinates and drop a than they want it for themselves. What The PRESIDING OFFICER. Without bomb on those coordinates, and he does they seem bent on now is ethnic objection, it is so ordered. that. cleansing of their neighborhoods and (See Exhibit 1.) Now, it is not some special forces religious division. Ultimately, those Mr. KYL. Fred Kagan is a respected thing that deals with al-Qaida, in other are their decisions, not ours. As long as expert, a resident scholar at the Amer- words, as a counterterrorism type of we say—we will take the bullet, we will ican Enterprise Institute. The point he war that is totally different than any- take it first—they will let us. makes in this erudite article is that thing else. You use many of the same The Reed-Levin amendment provides the primary problem for our forces in kinds of personnel and tactics and a different way forward with a respon- Iraq is al-Qaida in Iraq. It is the Iraq equipment you use in conventional sible division of labor. Let the Iraqi component of al-Qaida, that either we warfare. That is the point General forces we have trained and equipped are fighting the al-Qaida forces di- Petraeus was trying to make. It is an handle their security in Baghdad and rectly—about 90 percent of whom are artificial distinction to say there is in other communities. Let us help Iraqis, though the leadership signifi- going to be a new and different mission them and ourselves by taking on al- cantly primarily comes from other under the Levin-Reed proposal than ex- Qaida as we find it in Iraq. places—Egypt, Jordan, and so on—or ists today and it can be done with a This should not be a Republican- we are fighting to maintain peace be- much smaller and different kind of Democratic debate. I do not want to tween people whom al-Qaida in Iraq force. General Petraeus says: It is sim- sling mud around this Chamber and have instigated a conflict with, as they ply not so. That is the primary reason

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11823 I have trouble with this proposal that essentially what I gather the amend- compellingly by the Egyptian revolutionary is pending. I hope my colleagues will ment before us would attempt to do, is Sayyid Qutb in the 1950s and 1960s, with an defeat it. to try to impose an artificial political admixture of Wahhabism, Deobandi thought, I did want to also make this point in or simple, mainstream Sunni chauvinism, construct in a very dangerous and very depending on where and by what group it is the debate: We sometimes get so complex environment. There is an old propounded. wrapped up in discussing what we saying that for every complex problem Qutb blended a radical interpretation of think that we do not stop and think there is a simple and wrong solution. I Muslim theology with the Marxism-Len- about the people who are actually think that is what we have here. We inism and anticolonial fervor of the Egypt of doing the fighting there. I have in mind have a very complex situation, a very his day to produce an Islamic revolutionary both our troops and the very fine offi- movement. He argued that the secularism brutal enemy, and an attempt to try to and licentious (by his extreme standards) be- cers who lead the troops. We have all triangulate it in order to get a certain havior of most Muslims was destroying the visited them in Iraq. We have visited number of votes in the Senate, to sug- true faith and returning the Islamic world to those who have been wounded, and we gest that we can change the mission the state of jahiliyyah, or ignorance of the grieve with the families of those who with a different mix of force than we word of God, which prevailed before Muham- have been lost. These are America’s have, contrary to General Petraeus’s mad. The growing secularism of Muslim finest, and they are fighting the worst testimony, I think would be a big mis- states particularly bothered him. According to his interpretation, God alone has the of the worst. They are fighting killers take. power to make laws and to judge. When men who prey on innocent people, have no So I urge my colleagues to take these make laws and judge each other according to conscience in killing anyone who is considerations into account when they secular criteria, they are usurping God’s pre- necessary to suit their needs. cast their vote and, in particular, rogatives. All who obey such leaders, accord- This is a brutal war against a brutal again, go back to what General ing to Qutb, are treating their leaders as enemy. We are asking some of our fin- Petraeus said. There was a lot of wis- gods and therefore are guilty of the worst est young men and women to go into sin—polytheism. Thus they are—and this is dom in his testimony. I think all of us the key point—not true Muslims, but unbe- harm’s way to perform this mission. here recognize General Petraeus, Gen- lievers, regardless of whether they otherwise They want to know what they have eral Odierno, and all of the other fine obey Muslim law and practice. done so far—the gains they have pro- officers who are in Iraq have given us a This is the defining characteristic of al duced, as General Petraeus called path to achieve success in Iraq. The Qaeda’s ideology, which is properly called them—will not have been won in vain, sooner that success can be consoli- ‘‘takfirism’’ (even though al Qaeda fighters do not use the term). The word ‘‘takfir’’ des- that those gains can be helped. dated, the sooner our troops can come What General Petraeus said in his ignates the process of declaring a person to home. be an unbeliever because of the way he prac- testimony—I am going to summarize EXHIBIT 1 tices his faith. Takfir violates the religious these quick four points—‘‘the military [From the Weekly Standard, Sept. 10, 2007] understanding of most of the world’s Mus- objectives of the surge are, in large lims, for the Koran prescribes only five re- AL QAEDA IN IRAQ—HOW TO UNDERSTAND IT. measure, being met,’’ ‘‘that Coalition quirements for a Muslim (acknowledgment HOW TO DEFEAT IT. and Iraqi forces have dealt significant of the oneness of God, prayer, charitable giv- (By Frederick W. Kagan) blows to al-Qaeda-Iraq’’—incidentally, ing, the fast, and the pilgrimage to Mecca) it is a point Frederick Kagan makes in Al Qaeda In Iraq is part of the global al and specifies that anyone who observes them Qaeda movement. AQI, as the U.S. military is a Muslim. The takfiris insist that anyone some detail in this article I am having calls it, is around 90 percent Iraqi. Foreign who obeys a human government is a poly- printed in the RECORD—third, ‘‘Iraqi fighters, however, predominate in the leader- theist and therefore violates the first elements have been standing and fight- ship and among the suicide bombers, of premise of Islam, the shahada (the assertion ing and sustaining tough losses, and whom they comprise up to 90 percent, U.S. that ‘‘There is no god but God’’), even they have taken the lead in operations commanders say. The leader of AQI is Abu though Muslims have lived in states with in many areas,’’ and, finally—this is Ayyub al-Masri, an Egyptian. His prede- temporal rulers for most of their history. the point I am leading up to—‘‘we will cessor, Abu Musab al Zarqawi, was a Jor- The chief reason al Qaeda has limited sup- be able to reduce our forces to the pre- danian. port in the Muslim world is that the global Because the members of AQI are over- Muslim community overwhelmingly rejects surge level of brigade combat teams by whelmingly Iraqis—often thugs and misfits the premise that anyone obeying a temporal next summer without jeopardizing the recruited or dragooned into the organization ruler is ipso facto an unbeliever. security gains that we have fought so (along with some clerics and more educated Today’s takfiris carry Qutb’s basic prin- hard to achieve.’’ leaders)—it is argued that AQI is not really ciples further. Some pious Muslims believe That is the key, and that is what the part of the global al Qaeda movement. that human governments should support or President said should unite us. We Therefore, it is said, the war in Iraq is not enforce sharia law. This is why Saudi Arabia would all like to bring our troops part of the global war on terror: The ‘‘real’’ has no law but sharia. But to Osama bin Laden and his senior lieutenant, Ayman al home, as many as soon as possible. The al Qaeda—Osama bin Laden’s band, off in its safe havens in the Pakistani tribal areas of Zawahiri, it is not enough for a state to rule more success we have, the better we Waziristan and Baluchistan—is the group to according to sharia. To be legitimate in the are able to do that. But we do not want fight. Furthermore, argue critics of this per- eyes of these revolutionaries, a state must to do it if it means we lose what we suasion, we should be doing this fighting also work actively to spread ‘‘righteous have fought so hard to gain. I think al- through precise, intelligence-driven air- rule’’ across the earth. This demand means most all of us can agree with that prop- strikes or Special Forces attacks on key that only states aligned with the takfiris osition. But that is why I reached the leaders, not the deployment of large conven- and supporting the spread of takfirism—such tional forces, which only stirs resentment in as the Taliban when it was in power—are le- conclusion that the particular amend- gitimate, whereas states aligned with unbe- ment that has been proposed here Muslim countries and creates more terror- ists. lievers, like Saudi Arabia, are illegitimate would be counterproductive. Over the past four years, the war in Iraq even if they strictly enforce sharia law. Fortunately, polls of the American has provided abundant evidence to dispute Some takfiris, particularly in Iraq as we people are beginning to show they sup- these assertions. shall see, argue in addition that all Shia are polytheists, and therefore apostates, because port the Petraeus recommendations. In AL QAEDA WORLDWIDE they ‘‘worship’’ Ali and Hussein and their fact, I was told of a new Pew poll with- Al Qaeda is an organization pursuing an in the last few days that had the Amer- successor imams. This distorted view of ideology. Both the organization and the ide- Shiism reflects the continual movement of ican people supporting the Petraeus ology must be defeated. Just as, in the Cold takfiri thought toward extremes. recommended troop reductions by the War, the contest between the United States These distinctions are no mere theoretical number 57 to 28. That is an astounding and its allies and the Soviet Union and its niceties. The Koran and Muslim tradition change from American public opinion captive nations was the real-world mani- forbid Muslims from killing one another ex- of a few months ago. festation of an ideological struggle, so today, cept in narrowly specified circumstances. So the American public supports the global war on terror is a real-world con- They also restrict the conditions under what our troops are accomplishing test between the United States and its allies which Muslims can kill non-Muslims. and al Qaeda and its enablers. We can hope Takfiris, however, claim that the groups and now. To try to find some way to politi- to defeat the ideology only by defeating its individuals they condemn are not really cally triangulate between an imme- champion, al Qaeda. Muslims but unbelievers who endanger the diate withdrawal and following the Al Qaeda’s ideology is the lineal descend- true faith. They therefore claim to be exer- Petraeus recommendations, which is ant of a school of thought articulated most cising the right to defend the faith, granted

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11824 CONGRESSIONAL RECORD — SENATE September 20, 2007 by the Koran and Muslim tradition, when is cellular and decentralized, but with a who fall under the spell of violent leaders. they endorse the killing of these false Mus- networked global leadership that influences The recruitment process in many areas is lims and the Westerners who either seduce its activities without necessarily controlling like that of any street-gang, where the lead- them into apostasy or support them in it. them. How does Al Qaeda In Iraq fit into this ers combine exhortation and promises with This is the primary theological justification scheme? exemplary violence against those who obsti- for al Qaeda’s terrorism. AL QAEDA IN IRAQ nately refuse to join. In this regard, AQI is Takfirism is a radical reinterpretation of subtly different from the al Qaeda movement AQI is part of the global al Qaeda move- Islam that discards over a thousand years of that developed in Afghanistan. The takfiri ment both ideologically and practically. Islamic scholarship and cautious tradition in elements of the mujahedeen who fought the Ideologically, it lies on the extreme end of favor of a literal reading of the Koran and Soviet invader in Afghanistan were highly the takfiri spectrum. It was initially called Hadith that allows any layman—such as diverse in origin. That war attracted anti- the ‘‘Movement of Monotheism (tawhid) and Osama bin Laden, who has no clerical stand- Soviet fighters from across the Muslim Jihad,’’ referring to the takfiri principle that ing—to usurp the role of Islam’s scholars and world. They did not fit easily into Afghani- human government (and Shiism) are poly- issue fatwas and exercise other such clerical stan’s xenophobic society, and so con- prerogatives. Interestingly, ‘‘takfirism’’ is theist. From its inception, AQI has targeted centrated themselves in training camps re- what the Muslim enemies of this movement mainly Iraqis; it has killed many times more moved from the population centers after the call it. Iraqis, for example, commonly refer Muslims than Americans. Its preferred weap- Soviet withdrawal and the rise of the to the members of AQI as ‘‘takfiris.’’ This on is the suicide car-bomb or truck-bomb Taliban. Americans saw these foreign fight- term has a strong negative connotation, im- aimed at places where large numbers of Iraqi ers in their camps as the ‘‘real’’ al Qaeda, plying as it does the right of a small group civilians, especially Shia, congregate. When the one that attacked the United States in to determine who is a Muslim and to kill the movement began in 2003 it primarily tar- 2001. those who do not practice their religion in a geted Shia. Zarqawi sought to provoke a But al Qaeda was only part of the story in particular manner. (Iraqis also sometimes Shia-Sunni civil war that he expected would Afghanistan. The Taliban forces that seized call the terrorists ‘‘khawaraj,’’ a reference to mobilize the Sunni to full-scale jihad. He power in 1994 imposed a radical interpreta- the Kharajites of early Muslim history that also delighted in killing Shia, whom he saw tion of Islam upon the population and at- is extremely derogatory, implying as it does as intolerable ‘‘rejectionists,’’ who had re- tacked the symbols of other religions in a that al Qaeda members are schismatics, well ceived the message of the Koran and rejected country that had traditionally tolerated dif- outside of the mainstream of Islam.) it. Even worse than ignorance of the word of ferent faiths and diverse practices. Like While takfirism is the primary theological God is deliberate apostasy. The duty to con- their AQI counterparts today, the Taliban justification for the actions of al Qaeda, it is vert or kill apostates supersedes even the tended to be ill-educated, violent, and rad- not the only important component of the duty to wage war against the regular unbe- ical. And they were just as necessary to sus- terrorists’ ideology. Western concepts are liever—hence Zarqawi’s insistence that the taining al Qaeda in Afghanistan as the Iraqi deeply embedded in the movement as well, Shia were more dangerous than the ‘‘Zion- foot soldiers of AQI have been to supporting primarily Leninism. Qutb was familiar with ists and Crusaders.’’ that movement. Bin Laden provided essen- the concept of the Bolshevik party as the Bin Laden’s associate Zawahiri remon- tial support, both military and financial, to ‘‘vanguard of the proletariat’’—the small strated with Zarqawi on this point in a series put the Taliban in power and keep it there. group that understood the interests of the of exchanges that became public. He argued In return, the Taliban allowed him to oper- proletariat better than the workers them- that Zarqawi erred in attacking Shia, who ate with impunity and protected him from selves, that would seize power in their name, should rather be exhorted and enticed to join foreign intervention. The war began in 2001 then would help them to achieve their own the larger movement he hoped to create. when Taliban leader Mullah Omar refused to ‘‘class consciousness’’ while creating a soci- Zawahiri’s arguments were more tactical yield the al Qaeda members responsible for 9/ ety that was just and suitable for them. Qutb and strategic than ideological. He has no ob- 11 even though the Taliban itself had not thought of his ideology in the same terms: jection to killing unfaithful Muslims, but he been involved in the attacks. He explicitly referred to his movement as a has been eager to focus the movement on Afghanistan’s extremist thugs and misfits, vanguard that would seize power in the name what he calls the ‘‘far enemy,’’ America and once in power, facilitated the foreign-led al of the true faith and then reeducate Muslims the West. Qaeda’s training, planning, and preparation who had gone astray. Zarqawi too pursued attacks on Western for attacks against Western targets around Bin Laden underscored this aspect of the targets, of course. He was implicated in the the world, including the attacks on two U.S. ideology in naming his organization ‘‘al 2002 murder of USAID official Lawrence embassies in Africa in 1998, the attack on the Qaeda,’’ which means ‘‘the base.’’ Qutb and Foley in Jordan, and in the bombing of the U.S.S. Cole in 2000, and 9/11. In return, al bin Laden envisaged a small revolutionary United Nations office in Baghdad on August Qaeda’s foreign fighters fiercely defended the movement that would seize power in a Mus- 19, 2003. But Zarqawi concentrated on at- Taliban regime when U.S. forces attacked in lim state and then gradually work to expand tacking Iraqi Shia. A blast at the end of Au- 2001, even forming up in conventional battle its control to the entire Muslim world, while gust 2003, for example, killed 85 Shia in lines against America’s Afghan allies sup- reeducating lapsed Muslims under its power. Najaf, including Ayatollah Mohammed Baqir ported by U.S. Special Forces and airpower. Al Qaeda’s frequent references to reestab- al-Hakim (older brother of Abd al-Aziz al- In Afghanistan the relationship between al lishing the caliphate are tied to this concept. Hakim, the leader of the Supreme Iraqi Is- Qaeda and the Taliban was symbiotic, mutu- The goal is to recapture the purity of the lamic Council, the largest Shia party in the ally dependent, and mutually reinforcing. It ‘‘Rashidun,’’ the period when Muhammad Council of Representatives), and a series of included a shared world view and a willing- and his immediate successors ruled. This was attacks on Shia mosques during the Ashura ness to fight common enemies. There was a the last time the Muslim world was united holiday in March 2004 killed over 180. He fi- close bond between indigenous Afghan ex- and governed, as bin Laden sees it, according nally succeeded in provoking a significant tremists and the internationalist takfiris. Al to the true precepts of Islam. Shia backlash with the destruction of the Qaeda in Iraq benefits from just such a bond. Leninism (along with the practical chal- golden dome of the Shia al-Askariyah Yet there is a difference between the two lenges faced by revolutionaries in a hostile Mosque in Samarra in February 2006. movements in this regard: Whereas in Af- world) has informed the organizational Zarqawi was killed by coalition forces Sunni ghanistan al Qaeda remained separate from structure as well as the thinking of al Qaeda. areas to the north and south, Diyala, Salah- Afghan society for the most part, interacting The group is cellular and highly decentral- ad-Din, and Ninewa. AQI bases in Falluja, with it primarily through the Taliban, AQI ized, as the Bolsheviks were supposed to be. Tal Afar, and Baquba included media cen- directly incorporates Iraqis. Indeed, the for- It focuses on seizing power in weakened ters, torture houses, sharia courts, and all eign origins of AQI’s leaders are a handicap, states, as Communist movements did in Rus- the other niceties of AQI occupation that of which their names are a constant re- sia and China, and on weakening stronger would be familiar to students of the Taliban minder: Zarqawi’s nom de guerre identified states to make them more susceptible to at- in Afghanistan and takfiri groups elsewhere. him immediately as a Jordanian, and the tack, as the Communist movement did Local thugs flocked to the banner, and those ‘‘al-Masri’’ in Abu Ayyub al-Masri means around the world after its triumph in the So- who resisted were brutally tortured and mur- ‘‘the Egyptian.’’ The takfiris clumsily ad- viet Union. Al Qaeda’s center of gravity is dered. Imams in local mosques—radicalized dressed this problem by announcing their its ideology, which means that individual in the 1990s by Saddam Hussein’s ‘‘return to ‘‘Islamic State of Iraq,’’ which they pre- cells can pursue the common aim with little the faith’’ initiative (to shore up his highly sented as an umbrella movement Iraqi in na- or no relationship to the center. It is never- secular government by wrapping it in the ture but which was in fact a thin disguise for theless a linked movement, with leaders di- aura of Islam)—preached takfirism and re- AQI, and by inventing a fictitious leader recting the flow of some resources and order- sistance to the Americans. with a hyper-Iraqi, hyper-Sunni name, Abu ing or forbidding particular operations The presence of large numbers of Iraqis in Omar al-Baghdadi. around the world. the movement has contributed to confusion As for its local recruits, they undergo ex- These, then, are the key characteristics of about the relationship between AQI and al tensive training that is designed to brain- al Qaeda: It is based on the principle of Qaeda. Apart from the radicalized clerics and wash them and prepare them to support and takfirism. It sees itself as a Muslim revolu- some leaders, most of the Iraqis in the orga- engage in vicious violence. One of the rea- tionary vanguard. It aims to take power in nization are misfits and ne’er-do-wells, sons some Iraqi Sunnis have turned against weak states and to weaken strong states. It younger sons without sense or intelligence AQI has been this practice of making their

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11825 sons into monsters. Many Iraqis have come lation more or less freely offered. Unlike al mented by two battalions in the spring and a to feel about AQI the way the parents of Qaeda in Afghanistan—but like the battalion-sized Marine Expeditionary Unit in young gang members tend to feel about Taliban—it also developed means of coercing the summer. The latter has been attacking gangs. support when this was no longer given freely. the last bastions of AQI in northeastern These AQI recruits often remain local. As a result, Iraq’s Sunnis cannot simply de- Anbar. Young Anbaris do not on the whole venture cide to turn against al Qaeda on their own, The increased U.S. presence and the more out of Anbar to attack Americans or Shia for doing so condemns them to outrageous aggressive operations of American forces— beyond their province; AQI recruits in Arab punishments. To defeat Al Qaeda In Iraq, working with Iraqi army units that, al- Jabour or Salah-ad-Din tend to stay near therefore, it is not enough to attack takfiri though heavily Shia, were able to function their homes, even if temporarily driven off ideology or persuade the Iraqi government to effectively with U.S. troops even in Sunni by U.S. operations. The leaders, however, address the Sunnis’ legitimate grievances. Anbar—allowed the tribal turn against AQI travel a great deal—Zarqawi went from Jor- Those approaches must be combined with a to pick up steam. By late spring 2007, all of dan to Germany to Afghanistan to Iraq, and concerted effort to protect Sunni popu- the major Anbari tribes had sworn to oppose within Iraq from Falluja to Baquba and be- lations from AQI’s terrorism. AQI and had begun sending their sons to vol- yond, and his subordinates and successors unteer for service in the Iraqi army and the have covered many miles at home and HOW TO DEFEAT AQI Iraqi police. By summer, the coalition had abroad. The presence of AQI cells in each One of the first questions Iraqis ask when established a new training base in Habbaniya area facilitates this movement, as well as American forces move into AQI strongholds to receive these recruits, and the Iraqi army the movement of foreign fighters into and to fight the takfiris is: Are you going to stay units had begun balancing their sectarian through Iraq and the movement of weapons, this time? In the past, coalition forces have mix by incorporating Anbari Sunnis into supplies, and intelligence. AQI facilitators cleared takfiri centers, often with local help, their formations. Thousands of Anbaris provide safe houses and means of commu- but have departed soon after, leaving the began patrolling the streets of their own cit- nication. Some build car bombs that are locals vulnerable to vicious AQI retaliation. ies and towns to protect against AQI, and co- passed from cell to cell until they are mated This pattern created a legacy of distrust, and alition commanders were flooded with infor- with the foreign fighters who will detonate a concomitant hesitancy to commit to back- mation about the presence and movements of them, perhaps far from where they were ing coalition forces. takfiris. By the beginning of August, AQI built. Even though most members of AQI re- This cycle was broken first in Anbar, for had been driven out of all of Anbar’s major main near their homes, the sum of all of the three reasons: The depth of AQI’s control population centers, and its attempts to re- cells, plus the foreign leadership and foreign there led the group to commit some of its group in the hinterland have been fitful and fighters, is a movement that can plan and worst excesses in its attempt to hold on to dangerous for the takfiris. The mosques in conduct attacks rapidly across the country power; the strength of the tribal structures Anbar’s major cities have stopped preaching and around the region, and that can regen- in the province created the possibility of ef- anti-American and pro-takfiri sermons on erate destroyed cells within weeks. The lead- fective local resistance when the mood the whole, switching either to neutral mes- ers themselves are hooked into the global al swung against the takfiris; and the sustained sages or to support for peace and even for the Qaeda movement. presence and determination of soldiers and coalition. The integration of AQI into the population Marines in the province gave the locals hope The battle is by no means over. AQI has makes it harder to root out than al Qaeda of assistance once they began to turn against made clear its determination to reestablish was in Afghanistan. In Afghanistan, Amer- the terrorists. itself in Anbar or to punish the Anbaris for ican leaders could launch missile strikes The movement against the takfiris began their betrayal, and AQI cells in rural Anbar against al Qaeda training bases (as President as AQI tried to solidify its position in Anbar and surrounding provinces are still trying to Clinton did, to little effect), and U.S. Special by marrying some of its senior leaders to the regenerate. But the takfiri movement that Forces could target those camps with or daughters of Anbari tribal leaders, as al once nearly controlled the province by blend- without indigenous help. Not so in Iraq. Qaeda has done in South Asia. When the ing in with its people has lost almost all pop- Intermingled with the population, AQI sheikhs resisted, AQI began to attack them ular support and has been driven to des- maintains no large training areas and thus and their families, assassinating one promi- perate measures to maintain a precarious offers few targets suitable for missile nent sheikh, then preventing his relatives foothold. The combination of local dis- strikes. American and Iraqi Special Forces from burying him within the 24 hours pre- enchantment with takfiri extremism, a re- have been effective at killing particular AQI scribed by Muslim law. In the tribal society markable lack of cultural sensitivity by the leaders, but this has not destroyed the move- of Anbar, this and related actions led to the takfiris themselves, and effective counterin- ment or even severely degraded its ability to rise of numerous blood-feuds between AQI surgency operations by coalition forces conduct attacks across the country. New and Anbari families. The viciousness of AQI’s working to protect the population have leaders spring up, and the facilitation net- retaliation and the relative weakness of the turned the tide. Anbar is a unique province in that its pop- works continue their work. Anbari tribes as a military or police force When the Taliban fell in Afghanistan, al ulation is almost entirely Sunni Arab and its put the locals in a difficult position, from Qaeda lost its freedom of movement through- tribal structures remain strong despite years which they were rescued by the determined out the country. Most surviving al Qaeda of Saddam’s oppression. The ‘‘Anbar Awak- work of coalition and Iraqi security forces. fighters fled to Pakistan’s largely ening,’’ as the Anbari turn against the Throughout 2006, U.S. soldiers and Marines ungoverned tribal areas, where they could takfiris is usually called, has spread to al- in Anbar refused to cede the province’s cap- count on enough local support to sustain most all of Iraq’s Sunni areas, but in dif- ital and major population centers to the in- themselves. Today there is little support for ferent forms reflecting their different cir- surgents. Officers like Colonel Sean al Qaeda in Afghanistan, no large permanent cumstances. Sunni Arabs in Baghdad, Babil, MacFarland worked to establish bases in al Qaeda training camp, and certainly no Salah-ad-Din, and Diyala provinces have Ramadi, protect key positions within the ability to conduct large-scale or countrywide long suffered from AQI, but they also face a city, and generally contest AQI’s control. At operations against U.S. or Afghan forces. significant Shia Arab presence, including The recent turn against Al Qaeda In Iraq the same time, Marine commanders strove to violent elements of the Jaysh al-Mahdi, or by key Iraqis has produced less dramatic re- reach out to Anbaris increasingly dis- Mahdi Army, the most extreme Shia militia. sults because of the different means by enchanted with AQI. Commanders in the Diyala, Ninewa, and Kirkuk provinces also which AQI maintains itself. Although much province now acknowledge that they prob- have ethnic fault lines where Arabs, of AQI’s support originally came from locals ably missed several early overtures from Turkmen, and Kurds meet and occasionally who sought its aid, by 2006 the takfiris had tribal leaders, but they clearly grasped the fight. Tribal structures in these areas vary made themselves so unpopular that their more obvious signals the sheikhs sent in late in strength, but are everywhere less cohesive continued presence relied on their contin- 2006 and early 2007 indicating their interest than those of Anbar. uous use of violence against their hosts. As in working together against the common foe. Extreme elements of the Jaysh al-Mahdi, Anbari tribal leaders began for various rea- The change in U.S. strategy announced in particularly the Iranian-controlled ‘‘secret sons to resist AQI’s advances, AQI started at- January 2007 and the surge of forces over the cells,’’ have been exerting pressure against tacking them and their families. Outside of ensuing months did not create this shift in Sunni populations in mixed provinces at Anbar Province, AQI regularly uses exem- Anbar, but accelerated its development. The least since early 2006. Some formerly Sunni plary torture and murder to keep locals in surge meant that American commanders did cities like Mahmudiya have become Shia line. The principles of takfirism justify this, not have to shift forces out of Anbar to pro- (and Jaysh al-Mahdi) strongholds. Mixed as anyone who resists AQI’s attempts to im- tect Baghdad, as had happened in previous areas in Baghdad have tended to become pose its vision of Islam becomes an enemy of operations. MacFarland’s successor, Colonel more homogeneous. AQI has benefited from Islam. AQI then has the right and obligation John Charlton, was able to build on this struggle, which it helped to produce, to kill such a person, since, in the takfiri MacFarland’s success when he took com- posing as the defender of the Sunni against view, execution is the proper punishment for mand in early 2007. He moved beyond the the Jaysh al-Mahdi even as it terrorizes apostasy. It is a little harder to see the pseu- limited bases MacFarland’s soldiers had es- Sunnis into supporting it. AQI’s hold cannot do-religious justification for torture, but tablished and began pushing his troops into be broken without addressing the pressure of AQI is not deterred by such fine points. key neighborhoods in Ramadi, establishing Shia extremists on these Sunni commu- Like al Qaeda in Afghanistan, then, AQI Joint Security Stations, and clearing the nities, as well as defending the local popu- initially relied on support from the popu- city. Marine forces in the province were aug- lation against AQI attacks.

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11826 CONGRESSIONAL RECORD — SENATE September 20, 2007 This task is dauntingly complex, but not It is too soon to declare victory in this we are not: Somalia, Lebanon, North Africa, beyond the power of coalition forces to un- struggle, still less in the larger struggle to Indonesia, and more. The introduction of derstand and execute. American and Iraqi stabilize Iraq and win the global war on ter- Western forces does not inevitably spur troops throughout central Iraq have been ror. AQI can again become a serious threat if takfiri sentiment. When used properly and in working aggressively to destroy AQI strong- America chooses to let it get up off the mat. the right circumstances, Western military holds like those in Arab Jabour, Baquba, Other significant takfiri threats remain out- forces can play an essential role in combat- Karma, and Tarmiya and in the Baghdad side Iraq, such as the al Qaeda cell that has ting takfirism. neighborhoods of Ameriyah, Ghazaliya, and been battling Lebanese military forces from This is not to say that the United States Dora, and have largely driven the takfiris the Palestinian refugee camps in Lebanon should invade Waziristan and Baluchistan, or out of the major population centers and even and the aggressive al Qaeda group in the Is- launch preemptive conventional assaults parts of the hinterland. As U.S. forces have lamic Maghreb that has proclaimed its in- against (or in defense of) weak Muslim re- arrived in strength and promised to stay, tention of conquering all of North Africa and gimes around the world. Each response must thousands of Sunnis have volunteered to restoring Muslim rule to Spain. Each al be tailored to circumstance. But we must fight the terrorists and to protect their Qaeda franchise is subtly different from the break free of a consensus about how to fight neighborhoods by joining the Iraqi army, po- others, and there is no one-size-fits-all solu- the terrorists that has been growing steadily lice, or auxiliary ‘‘neighborhood watch’’ tion to defeating them. But our experience in since 9/11 which emphasizes ‘‘small foot- units set up by U.S. forces. In these areas, Iraq already offers lessons for the larger prints,’’ working exclusively through local however, coalition forces have also had to fight. partners, and avoiding conventional oper- work to protect the local Sunni from attacks The notion that there is some ‘‘real’’ al ations to protect populations. In some cases, by the secret cells of the Shia militia and by Qaeda with which we should be more con- traditional counterinsurgency operations Shia militia members who have penetrated cerned than with AQI or any of the other using conventional forces are the only way the Iraqi national and local police forces. takfiri franchises is demonstrably false. All to defeat this 21st-century foe. The continued presence of American forces of these cellular organizations are inter- Muslims can dislike al Qaeda, reject among the population is a key guarantor linked at the top, even as they depend on takfirism, and desire peace, yet still be un- against attack by the Jaysh al-Mahdi as well local facilitators and fighters in particular able to defend themselves alone against the as AQI reprisals. Indeed, the Sunni insist places. The Iraqi-ness of AQI does not make terrorists. In such cases, our assistance, suit- upon it as the condition for their participa- it any less a part of the global movement. On ably adapted to the realities on the ground, tion in the struggle against the takfiris. the contrary, if we do not defeat AQI, we can can enable Muslims who hate what the The description of the new U.S. strategy as expect it to start performing the same inter- takfiris are doing to their religion and their ‘‘protecting the population’’ is shorthand for national functions that al Qaeda and the people—the overwhelming majority of Mus- this complex, variable, and multifaceted ap- Taliban did in Afghanistan: Locally active lims—to succeed. Helping them is the best proach to the problem of separating AQI AQI cells will facilitate the training, plan- way to rid the world of this scourge. from the population and supporting the ris- ning, and preparation for attacks on Western ing indigenous movement against the and secular Muslim targets around the Mr. KERRY. Mr. President, will the takfiris. It has been extremely successful in world. As has often been noted, the over- Senator yield for a question? a short period of time—Anbar in general and whelming majority of the September 11 Mr. KYL. Mr. President, I would be Ramadi in particular have gone within six attackers were Saudis, yet their attacks happy to yield. months from being among the most dan- were made possible by facilitators who never Mr. KERRY. Is the Senator from Ari- gerous areas in Iraq to among the safest. AQI left Afghanistan. AQI, if allowed to flourish, zona suggesting there is not a civil war strongholds like Arab Jabour and Baquba are would be no different. It has posed less of a in Iraq? now mostly free of large-scale terrorist infil- threat outside Iraq because of the intensity tration, and their populations are working of the struggle within Iraq—just as the Mr. KYL. Mr. President, what I am with the coalition to keep the takfiris out. takfiris among the Afghan mujahedeen posed saying is the primary conflict that con- The overall struggle to establish peace and little threat outside that country as long as cerns the United States of America stability in Iraq clearly goes beyond this they had the Soviet army to fight. If the forces right now is defeating al-Qaida fight against AQI, but from the standpoint of United States lets up on this determined in Iraq and the conflicts that al-Qaida American interests in the global war on ter- enemy now and allows it to regain a position in Iraq have instigated, which include ror, it is vital to recognize our success within Iraqi society, it is likely that AQI conflicts between Sunnis and Shias. against the takfiris and the reasons for it. cells will soon be facilitating global attacks. Mr. KERRY. Is the Senator aware THE OUTLOOK The idea that targeting these cells from AQI—and therefore the larger al Qaeda the air or through special operations is an that 60 percent of Iraq is Shia, that movement—has suffered a stunning defeat in adequate substitute for assisting the local Shia are viewed by al-Qaida as com- Iraq over the past six months. It has lost all population to fight them is also mistaken. plete apostates outside of Islam, that of its urban strongholds and is engaged in a Coalition forces have relied on just this ap- they do not get along, that the Kurds desperate attempt to reestablish a foothold proach against al Qaeda in Afghanistan and do not get along—and they are 20 per- even in the countryside. The movement is Pakistan since 9/11, with questionable re- cent of Iraq; therefore, 80 percent of unlikely to accept this defeat tamely. Even sults. Granted, there have been few success- ful attacks against Western powers, none of Iraq will have nothing to do with al- now, AQI cells scattered throughout the Qaida—and now the Sunni in Anbar de- country are working to reconstitute them- them in the United States, for which this ag- selves and to continue mass-casualty attacks gressive targeting is surely in part respon- cided they do not want anything to do in the hope of restarting widespread sec- sible. But recent intelligence estimates sug- with al-Qaida, and that most of the in- tarian conflict from which they hope to ben- gest a strengthening of the al Qaeda move- juries to our troops are from IEDs, and efit. If the coalition abandoned its efforts to ment. In Iraq, years of targeting AQI leaders that most of the conflict in Iraq that finish off these cells and to prevent them weakened the movement and led it to make has moved 2 million people out of Iraq from rebuilding their networks, it is quite a number of key mistakes, but did not stop and 2 million people within Iraq and mass-casualty attacks or stimulate effective possible that they could terrify their victims changed Baghdad from 60 percent into taking them back in some areas, al- popular resistance to the takfiris. It seems though AQI is unlikely to be viewed sympa- doubtful that Muslim communities—even Sunni to 75 percent Shia—is he aware thetically by most Iraqis for a long time to those that reject the takfiri ideology—are that, in fact, al-Qaida is not respon- come. capable of standing up to the terrorists on sible for that, but it is the Jaysh al- If, on the other hand, coalition forces com- their own or with only the support of intel- Mahdi and it is the militia and it is the plete the work they have begun by finishing ligence-driven raids against terrorist leaders Badr army and everybody except for, off the last pockets of takfiris and con- and isolated cells. fundamentally, al-Qaida that is doing tinuing to build local Iraqi security forces Iraq has also disproved the shibboleth that that? that can sustain the fight against the terror- the presence of American military forces in ists after American troops pull back, then Muslim countries is inherently counter- That is the fundamental violence and success against the terrorists in Iraq is like- productive in the fight against takfiris. Cer- conflict which requires the political ly. That success will come at a price, of tainly the terrorists used our presence as a settlement General Petraeus cannot course. The takfiris have only the proverbial recruiting tool and benefited from the Sunni produce, only the Iraqi politicians can hammer in Iraq at this point, and they are Arab nationalist insurgency against our produce. Is he aware of that? now in the position of seeing every problem forces. But there is no reason to think that Mr. KYL. Mr. President, I will be as the proverbial nail. Their hammer can be Iraq would have remained free of takfiri happy to respond by saying, I am aware effective only if no one is around to protect fighters had the United States drawn down that many of the things asserted by the the population: Their violence consistently its forces (or should it draw them down now); drives Iraqi sentiment against them and it is even open to question whether a contin- Senator from Massachusetts are incor- their ideology. So the prospect of a thorough ued Baathist regime would have kept the rect. and decisive defeat of the terrorists in Iraq is takfiris out. The takfiris go where American I am aware al-Qaida in Iraq is a real. forces are, to be sure, but they also go where major force——

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11827 Mr. KERRY. Let me ask the Sen- (1) General David Petraeus, commander of Khazali, the Lebanese Hezbollah deputy com- ator— the Multi-National Force Iraq, stated in tes- mander, and others, and it’s in black and Mr. KYL. May I complete my answer timony before a joint session of the Com- white. . . We interrogated these individuals. to the Senator’s lengthy question? mittee on Armed Services and the Com- We have on tape. . . Qais Khazali himself. Mr. KERRY. How many al-Qaida are mittee on Foreign Affairs of the House of When asked, could you have done what you Representatives on September 10, 2007, that have done without Iranian support, he lit- in Iraq? ‘‘[i]t is increasingly apparent to both coali- Mr. KYL. Al-Qaida in Iraq—as is evi- erally throws up his hands and laughs and tion and Iraqi leaders that Iran, through the says, of course not. . . So they told us about dent from the article I had printed in use of the Iranian Republican Guard Corps the amounts of money that they have re- the RECORD; and I would be happy to Qods Force, seeks to turn the Shi’a militia ceived. They told us about the training that share a copy of that article with my extremists into a Hezbollah-like force to they received. They told us about the ammu- friend from Massachusetts—is a major serve its interests and fight a proxy war nition and sophisticated weaponry and all of force in Iraq, and is, in addition to against the Iraqi state and coalition forces that that they received’’. being part of the force we are fighting, in Iraq’’. (10) General Petraeus further stated on an instigator of violence between some (2) Ambassador Ryan Crocker, United September 14, 2007, that ‘‘[w]hat we have got States Ambassador to Iraq, stated in testi- is evidence. This is not intelligence. This is of the groups the Senator from Massa- mony before a joint session of the Com- chusetts mentioned. evidence, off computers that we captured, mittee on Armed Services and the Com- documents and so forth. . . In one case, a 22- Now, let me say one other thing. I in- mittee on Foreign Affairs of the House of page document that lays out the planning, tended to conclude my remarks by lay- Representatives on September 10, 2007, that reconnaissance, rehearsal, conduct, and ing down an amendment which Senator ‘‘Iran plays a harmful role in Iraq. While aftermath of the operation conducted that LIEBERMAN and I are prepared to debate claiming to support Iraq in its transition, resulted in the death of five of our soldiers in tomorrow, not right now. But the Sen- Iran has actively undermined it by providing Karbala back in January’’. ator from Massachusetts mentioned lethal capabilities to the enemies of the (11) The Department of Defense report to the IEDs. Of course, I know the Sen- Iraqi state’’. Congress entitled ‘‘Measuring Stability and (3) The most recent National Intelligence Security in Iraq’’ and released on September ator is aware that a lot of the newest Estimate on Iraq, published in August 2007, equipment and training, and in par- 18, 2007, consistent with section 9010 of Pub- states that ‘‘Iran has been intensifying as- lic Law 109–289, states that ‘‘[t]here has been ticular this virulent, this very destruc- pects of its lethal support for select groups no decrease in Iranian training and funding tive IED that is being used in Iraq, is of Iraqi Shia militants, particularly the JAM of illegal Shi’a militias in Iraq that attack coming from Iran, and that part of [Jaysh al-Mahdi], since at least the begin- Iraqi and Coalition forces and civilians. . . what we need to do is to deal with Iran ning of 2006. Explosively formed penetrator Tehran’s support for these groups is one of in the context of this conflict in Iraq as (EFP) attacks have risen dramatically’’. the greatest impediments to progress on rec- (4) The Report of the Independent Commis- well, and in particular the group in onciliation’’. sion on the Security Forces of Iraq, released (12) The Department of Defense report fur- Iran that is supplying this equipment. on September 6, 2007, states that ‘‘[t]he Com- ther states, with respect to Iranian support For that reason— mission concludes that the evidence of Iran’s for Shi’a extremist groups in Iraq, that Mr. KERRY. Will the Senator yield increasing activism in the southeastern part ‘‘[m]ost of the explosives and ammunition for a question? of the country, including Basra and Diyala used by these groups are provided by the Ira- Mr. KYL. I will be happy to yield the provinces, is compelling. . . It is an accepted nian Islamic Revolutionary Guard Corps– fact that most of the sophisticated weapons floor to the Senator as soon as I con- Qods Force. . . For the period of June through being used to ‘defeat’ our armor protection clude my business. Then the Senator the end of August, [explosively formed pene- comes across the border from Iran with rel- from Massachusetts can go ahead and trator] events are projected to rise by 39 per- ative impunity’’. make his full statement, if that would cent over the period of March through May’’. (5) General (Ret.) James Jones, chairman be all right. of the Independent Commission on the Secu- (13) Since May 2007, Ambassador Crocker AMENDMENT NO. 3017 TO AMENDMENT NO. 2011 rity Forces of Iraq, stated in testimony be- has held three rounds of talks in Baghdad on Mr. President, what I want to do, in fore the Committee on Armed Services of the Iraq security with representatives of the concluding my remarks, is, on behalf of Senate on September 6, 2007, that ‘‘[w]e Government of the Islamic Republic of Iran. (14) Ambassador Crocker testified before Senator LIEBERMAN and Senator COLE- judge that the goings-on across the Iranian border in particular are of extreme severity Congress on September 10, 2007, with respect MAN and myself, send an amendment to to these talks, stating that ‘‘I laid out the the desk that is a sense of the Senate and have the potential of at least delaying our efforts inside the country. Many of the concerns we had over Iranian activity that on Iran, which is how it is titled. arms and weapons that kill and maim our was damaging to Iraq’s security, but found The PRESIDING OFFICER. Is there soldiers are coming from across the Iranian no readiness on Iranians’ side at all to en- objection to setting aside the pending border’’. gage seriously on these issues. The impres- amendment? (6) General Petraeus said of Iranian sup- sion I came with after a couple rounds is Mr. LEVIN. Mr. President, I under- port for extremist activity in Iraq on April that the Iranians were interested simply in stand this is going to be simply sent to 26, 2007, that ‘‘[w]e know that it goes as high the appearance of discussions, of being seen the desk, it is then going to be read, as [Brig. Gen. Qassem] Suleimani, who is the to be at the table with the U.S. as an arbiter of Iraq’s present and future, rather than ac- and then we are going to set aside that head of the Qods Force. . . We believe that he works directly for the supreme leader of the tually doing serious business...Right now, I amendment. That is understood by the haven’t seen any sign of earnest or serious- Senator from Arizona? country’’. (7) Mahmoud Ahmedinejad, the president ness on the Iranian side’’. Mr. KYL. That is correct, Mr. Presi- of Iran, stated on August 28, 2007, with re- (15) Ambassador Crocker testified before dent. spect to the United States presence in Iraq, Congress on September 11, 2007, stating that The PRESIDING OFFICER. Is there that ‘‘[t]he political power of the occupiers is ‘‘[w]e have seen nothing on the ground that an objection? collapsing rapidly. Soon we will see a huge would suggest that the Iranians are altering Without objection, it is so ordered. power vacuum in the region. Of course we what they’re doing in support of extremist The clerk will report the amendment. are prepared to fill the gap’’. elements that are going after our forces as The legislative clerk read as follows: (8) Ambassador Crocker testified to Con- well as the Iraqis’’. The Senator from Arizona [Mr. KYL], for gress, with respect to President (b) SENSE OF SENATE.—It is the sense of the himself, Mr. LIEBERMAN, and Mr. COLEMAN, Ahmedinejad’s statement, on September 11, Senate— proposes an amendment numbered 3017. 2007, that ‘‘[t]he Iranian involvement in (1) that the manner in which the United Mr. KYL. Mr. President, I ask unani- Iraq—its support for extremist militias, States transitions and structures its mili- mous consent that reading of the training, connections to Lebanese Hezbollah, tary presence in Iraq will have critical long- amendment be dispensed with. provision of munitions that are used against term consequences for the future of the Per- The PRESIDING OFFICER. Without our force as well as the Iraqis—are all, in my sian Gulf and the Middle East, in particular view, a pretty clear demonstration that with regard to the capability of the Govern- objection, it is so ordered. Ahmedinejad means what he says, and is al- ment of the Islamic Republic of Iran to pose The amendment is as follows: ready trying to implement it to the best of a threat to the security of the region, the (Purpose: To express the sense of the Senate his ability’’. prospects for democracy for the people of the regarding Iran) (9) General Petraeus stated on September region, and the health of the global econ- At the end of subtitle C of title XV, add the 12, 2007, with respect to evidence of the com- omy; following: plicity of Iran in the murder of members of (2) that it is a vital national interest of the SEC. 1535. SENSE OF SENATE ON IRAN. the Armed Forces of the United States in United States to prevent the Government of (a) FINDINGS.—The Senate makes the fol- Iraq, that ‘‘[t]e evidence is very, very clear. the Islamic Republic of Iran from turning lowing findings: We captured it when we captured Qais Shi’a militia extremists in Iraq into a

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11828 CONGRESSIONAL RECORD — SENATE September 20, 2007 Hezbollah-like force that could serve its in- lions of dollars on a failed policy that nally admitted to Congress and the terests inside Iraq, including by over- is making America more vulnerable American people last week that his whelming, subverting, or co-opting institu- and putting our troops at greater risk. successor, the next American Presi- tions of the legitimate Government of Iraq; We have lost our focus on appre- dent, will inherit the war in Iraq. He (3) that it should be the policy of the hending terrorists and on capturing United States to combat, contain, and roll calls himself a decider, but he refuses back the violent activities and destabilizing those who seek to destroy America. to make the decision to end the war. influence inside Iraq of the Government of Osama bin Laden remains at large. The President Harry Truman said: ‘‘The the Islamic Republic of Iran, its foreign war in Iraq has enabled al-Qaida to re- buck stops here.’’ The last thing Presi- facilitators such as Lebanese Hezbollah, and cruit terrorists more effectively to dent Bush wants is for the buck to stop its indigenous Iraqi proxies; work against America. on his desk. He is desperately trying to (4) to support the prudent and calibrated Our policy in Iraq continues to exact buy time in order to pass the buck to use of all instruments of United States na- a devastating toll. Nearly 4,000 Amer- his successor in the White House. tional power in Iraq, including diplomatic, ican troops have died—80 in my State economic, intelligence, and military instru- The first President Bush went to war ments, in support of the policy described in of Massachusetts—and 30,000 have been with Iraq after 52 Senators voted in paragraph (3) with respect to the Govern- injured. We need to have a policy that favor of a resolution of approval. Now, ment of the Islamic Republic of Iran and its is worthy of the valor of the brave men 53 Senators have voted for a timetable proxies; and women who have been fighting to end the war. But this President ve- 1 (5) that the United States should designate there for the last 4 ⁄2 years. The toll on toed the bill because he refuses to ac- the Islamic Revolutionary Guards Corps as a Iraqis is immense. Tens of thousands of foreign terrorist organization under section cept responsibility to end a war he Iraqis have been killed or injured, and never should have started. 219 of the Immigration and Nationality Act more than 4 million Iraqis have been and place the Islamic Revolutionary Guards It is time to stop this madness. This forced to flee their homes. If that were Corps on the list of Specially Designated amendment does that. It requires our Global Terrorists, as established under the in American terms, it would be 45 mil- combat troops to begin to come home International Emergency Economic Powers lion Americans who would have lost in 90 days. It requires a change in mis- Act and initiated under Executive Order their homes, effectively 20 Katrinas sion for our military. It requires the 13224; and would have taken place here in the vast majority of our combat troops to (6) that the Department of the Treasury United States—when we look at what should act with all possible expediency to come home in 9 months. It is up to us has happened to the Iraqi families dur- to end the open-ended commitment of complete the listing of those entities tar- ing this period of time. Nearly a half geted under United Nations Security Council our troops that the President has been trillion dollars has been spent fighting Resolutions 1737 and 1747 adopted unani- making year after year. The Iraqis mously on December 23, 2006 and March 24, this war. Our generals have acknowl- need to take responsibility for their 2007, respectively. edged over and over again that a mili- own future, resolve their own political Mr. KYL. Mr. President, as I said, the tary solution alone is not the answer to differences, and enable our troops to chairman of the committee is correct, Iraq’s problems. After four bloody come home. years, political reconciliation remains the intention was to simply lay this We need to tell the Iraqis now that illusive, and Iraqi politicians are not amendment down tonight on behalf of we are going to leave, and leave soon. being held accountable to any standard Senators LIEBERMAN, COLEMAN, and Only such a step can add the urgency of progress or success. Yet the Presi- myself. We will debate it after we have that is so clearly necessary to end dent unacceptably continues to impose concluded further business. their differences. We can’t allow the the enormous burden of Iraq’s sec- I yield the floor. President to drag this process out any tarian violence on the backs of Amer- The PRESIDING OFFICER. The Sen- longer, and I urge my colleagues to ican troops, with an open-ended com- ate from Michigan. support this amendment. mitment—with an open-ended commit- Mr. LEVIN. Mr. President, I ask I yield the floor. unanimous consent that amendment be ment. The PRESIDING OFFICER. The Sen- set aside. Our military is stretched to its lim- The PRESIDING OFFICER. Without its; it is nearing its breaking point. ator from Alabama is recognized. objection, it is so ordered. The American public has lost con- Mr. SESSIONS. Mr. President, any American I know should be, and is, vi- AMENDMENT NO. 2898 fidence in the current direction of the tally interested in what is happening in The PRESIDING OFFICER. Who war. They are tired of a war based upon Iraq and what our policy should be. yields time? a failed policy that has made America Mr. LEVIN. Mr. President, there is no safer and that is subjecting our There is no doubt that good people can no time agreement. As I understand, military to Iraq’s intractable civil war. disagree about how we should handle there is an order of speakers. They are tired of the administration’s this important and difficult situation. The PRESIDING OFFICER. That is promises that success is just around Nobody’s patriotism should be ques- correct. the corner. They want to know when tioned in this process. But I would urge The Senator from Massachusetts is the nightmare of Iraq will end. that these disagreements that might be now recognized. How much longer will President Bush expressed be expressed in ways that Mr. KENNEDY. Mr. President, I sup- insist that our troops be held hostage minimize the negative impact on what port this amendment. to the abysmal failure of the Iraqi Gov- may be, and will be the decided policy As we continue debating how best to ernment to make the political com- of the United States. In other words, support America’s brave military promises essential to end violence, es- we need to be sure that as we conduct forces in Iraq, we must be clear where pecially when there is no indication— this debate—we have a policy in this we stand on the war. I strongly support no indication—that they will do so any country, and we need to make sure our troops, but I strongly oppose the time soon? How many more brave that we execute it in a way that most war. The best way to protect our troops Americans must die? How many more likely will provide us a method of suc- and our national security is to put the billions of taxpayers’ dollars must we cess. Iraqis on notice that they need to take spend? How much more of a burden Let me recap the history of how we responsibility for their future so we must we place on our military? got here because I think it is impor- can bring troops back home to Amer- We all know what is going on. Presi- tant. By more than a three-fourths ica. dent Bush’s strategy is delay and vote, 77 Senators in this body author- The administration’s policy has put delay. We never should have gone to ized the use of military force in Iraq. our troops in an untenable and war in the first place, and his mis- The initial invasion and removal of unwinnable situation. They are being guided war has now gone on for more Saddam Hussein went well, surpris- held hostage to Iraqi politics in which than 4 years. The situation is not im- ingly well—better than most would sectarian leaders are unable or unwill- proving; it is worsening. It is not show- ever have expected. But the ing to make the tough judgments need- ing signs of meaningful progress. Year postinvasion situation has been much ed to lift Iraq out of its downward spi- after year, it has failed to deliver polit- more difficult than expected. My per- ral. We are spending hundreds of bil- ical reconciliation. The President fi- sonal view, for what it is worth—and it

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11829 may not be worth much—is that we un- general, on whether the 18 benchmarks throughout Iraq former members of derestimated the difficulties of estab- had been achieved by September 1; a Baathist activities are coming into the lishing a functioning democracy in an followup on the benchmarks report government, Sunnis who allied with al- undeveloped nation that had deep sec- submitted by September 15. Then pub- Qaida are coming in and working with tarian divides, that had no history of lic testimony was required from the the American military, and at the law or democracy, and that had been U.S. Ambassador to Iraq and the com- grassroots level real progress is being traumatized by years of oppression in a mander of Multi-National Forces Iraq, made and reconciliation is occurring in war. So we can look back and say there General Petraeus, not later than Sep- a lot of different places in Iraq. are a lot of mistakes out there that tember 15. Now, the Jones commission was a have been made, but I think the real We have had all of that in the Armed very valuable commission. General problem is we are facing a difficult job Services Committee, of which I am a Jones is a very distinguished, 40-year that is not going to be easy, and no one member. We had Mr. Walker from GAO veteran of the U.S. Marine Corps, should underestimate the challenge. give the GAO report. We had General former commandant. He served as su- But we must honestly evaluate our Jones and his commission give their re- preme allied commander of Europe and current position and use this time in port, and we had General Petraeus and commander of USOCOM. This bipar- this Congress right now to decide what Ambassador Crocker give their reports. tisan commission he headed was com- we are going to do. I know good people They testified before the House. They posed of 20 members representing sen- will disagree, but we will reach a deci- testified before other committees. We ior military leaders, civilian officials, sion before this debate is out. So we have had now a national discussion former chiefs of police, former DC Po- owe nothing less to those fabulous men about this situation, and it is time for lice Chief Charles Ramsey, former and women who serve us in Iraq than us to begin to make some decisions. So TRADOC Commander General John to give this our best judgment, our what I hope we will do is make a deci- Abrams, and Mr. John Hamre, former hardest work, our most sincere consid- sion, and we will stick by it, and next Under Secretary of Defense in the Clin- eration. There can be no doubt but that week we would not have leaders in this ton administration, a respected voice this is the correct time for a national body saying it is a failure before it ever on defense matters. Between them, the evaluation. gets started, as we have had in the commissioners had more than 500 years Remember how we got here. In May— past. of collective military experience and May 24 of this year—in a bipartisan Let me summarize the reports that more than 150 years of police experi- vote, we voted to clearly affirm the came in briefly. The administration re- ence. surge; 80 to 14 was what that vote was. port on benchmarks, as well as a GAO The Commission reported strong We debated the question. We knew report, shows that we had some progress within the Iraqi Army but General Petraeus was there. The Presi- progress on some matters but that much weaker progress among the na- dent asked that we fund 30,000 addi- there had been limited political tional police—in fact, unacceptable ac- tional troops as part of this surge, and progress in Iraq. I would note that the tivity within the police. They called we decided to do so. We voted for it. GAO report, which was valuable and I for massive reform and restructuring of This Congress said we will execute that think not inaccurate but could be mis- the Iraqi police forces. surge. I remember Senator REID and interpreted, was important. It did not, I asked General Jones and his col- Speaker PELOSI meeting with the however, incorporate data from August leagues in this fashion—I told him that President and working on the deal, and and early September from Iraq. That before General Petraeus went to Iraq we agreed to do the surge 80 to 14 on data shows remarkable progress in to take over the effort there, he told us final vote. So it is really not President those recent weeks, and it was not part he would define the challenge as being Bush’s surge or General Petraeus’s of its report. So the progress on the ‘‘difficult, but not impossible.’’ So I surge, it was and is America’s surge, military front that they reported was asked General Jones: and our troops are carrying out Amer- not as significant as the later reports What are our realistic prospects for a long- ica’s policies. I hope our colleagues would show. It only measured whether term situation in which there is some sta- here won’t be adopting the reasoning of the goals of each one of the bench- bility and a functioning government that is MoveOn.Org instead of recognizing the marks were fully achieved. It didn’t not threatening to the United States? responsibilities that we all have to measure whether progress had been This is what General Jones said: those we have sent into harm’s way. made. Senator, I think that General Petraeus’s Now, no one in May was sure how Ambassador Crocker, on the bench- words were correct. I think it is a difficult things would work out. Things had not marks, made some important com- situation that is multifaceted. It is about gone well in 2006 and in early 2007. All ments. Those I would point out to my bringing about in Iraq not only safe and se- of us were worried about what was hap- colleagues. One, he said, yes, an oil law cure conditions, but a completely different pening. Violence had increased, the un- method of government, jump-starting an had not been passed by the Iraqi Par- economy, rule of law. The whole aspect of certainty had increased, and I think liament. They couldn’t get together on transition is just enormously complex. Congress rightly was concerned. After that. Sometimes we can’t get together He added this: debate, we decided to execute the surge in this body and agree on things. So operation which was more than just in- And regardless of how we got there, we are what happened is, they are indeed shar- where we are. It is, strategically, enor- creased troops, and I will talk about ing oil revenue throughout the prov- mously important not only nationally, but that in a minute. We decided that, for inces in a fair and just way, although regionally and globally, for this to come out the purpose of openness and account- they have not yet been able to pass an and be seen as a success. And our report, I ability, as part of the funding of this overall oil law. So we are saying, ac- think, not only unanimous but very hard- war that we had appropriated, we want- cording to benchmarks, they haven’t hitting in certain areas, intentionally makes ed some reports. In fact, we asked for met the benchmarks because the the point that there are some good things five separate reports. Those reports benchmarks said they must pass an oil happening and that we are all excited to see have been produced as required. A re- that. That is certainly encouraging, but law that would share their resources. there is more work that needs to be done. We port was required on the status of 18 But, in fact, they are sharing. wanted to be very specific about where we benchmarks submitted by July 15. A He talked about a benchmark dealing think that work should be done. It doesn’t report was required for an independent with reconciliation with former mem- mean it can’t be done. commission of experts to report not bers of the Baathist Party and the Sad- They call for a massive overhaul of later than September 1 analyzing the dam Hussein regime. He said, no, they the Iraqi police. He said it is difficult progress of the Iraqi security forces. had not been able to pass in the par- and it needs to be done. More progress That was the General Jones commis- liament the legislation that would ef- needs to be made, but it is not impos- sion, former supreme allied commander fectuate, as we would like to see it, a sible. So I followed up with that. I said: in Europe, former commander of the reconciliation among the former Did any of your commission members, or United States Marine Corps, and 20 Baathists and the current leadership in any significant number of them, conclude other experts compiled that report. A Iraq, but it was happening out there. that this could not work, that this was a report from the GAO, the comptroller He said in various different places failed effort, or that we ought to just figure

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11830 CONGRESSIONAL RECORD — SENATE September 20, 2007 a way to get out of there regardless of the terests of the United States, not serve So we received the reports and the consequences? President Bush—to serve this Congress, information. What did some of that in- Here is General Jones’s answer: by a 80-to-14 vote in May. formation tell us? I cannot tell my col- I don’t believe that there is a commis- So I am telling you that we need to leagues or the American people that sioner that feels that way. But let me just get serious. We sent him there by a this will continue, but, remarkably, vi- take a poll right now. unanimous vote, confirmed him to be olence in Baghdad is down dramati- He turned around and surveyed the commander, and we voted to fund the cally. Remember, it was the President Commissioners, and they all agreed operation, fund the surge. That wasn’t and everybody who acknowledged that with General Jones. President Bush who put up the money; if the large capital city could not be Then General Petraeus and Ambas- we put it up. We asked him to come stable and was sinking into violence, sador Corker came before us last week back and give us a report on how well there is no way we could have a peace- to give their report, which detailed it is going. We asked an independent ful settlement in Iraq and reconcili- progress on a number of different lev- commission to give us another report. ation and make progress. We had to re- els. General Petraeus is one of our We asked the GAO to give us a report. duce violence in Iraq. The report Gen- most distinguished officers in the We have gotten those reports, and it is eral Petraeus gave us and the charts he Armed Forces. He graduated as an aca- now time for this Congress to make produced showed that civilian deaths demically ‘‘distinguished cadet’’ from some decisions. It is just that serious. in Iraq, in Baghdad, were down 70 per- West Point. He was the General George This is a very important matter for the cent. In his report, he declared that ci- C. Marshall Award winner as the top United States. It is important for us. vilian deaths throughout the nation of graduate of the U.S. Army Command You tell me about the morale of the Iraq were down 55 percent. Now, that is and General Staff College, class of 1983. military. People say the morale of the really big. Remember, the surge didn’t He also has a master’s and a Ph.D. military is not well. They are doing be- reach full strength until June or July. from Princeton, and he served as a pro- yond anything I could expect. Reenlist- He has only had the full surge in place fessor at West Point. He is on his third ments remain very high. I have to be for a month or two. So this is really tour in Iraq. amazed at that, and I know others are. big. I know a lot of people in this body We have a good reenlistment rate, and Mr. KERRY. Will the Senator yield think they have figured out how to we are able to retain people and bring for a question? deal with Iraq. He spent 2 full years people into the military. They are Mr. SESSIONS. Yes. there and now over a half a year again going to Iraq and serving ably. As a Mr. KERRY. On his own charts, he in Iraq dealing with these cir- matter of fact, in a moment, I will showed that two-thirds of the reduc- cumstances. He is a very capable per- share a report from some of our Ala- tion of violence took place before our son, as anyone can well see. bama people who came by to see me troops even got there; isn’t that right? Well, I have been to Iraq six times. and what they had to say about their Mr. SESSIONS. Mr. President, I will On the first trip, I met General tour there. So we have done this, and respond to that. I don’t believe that is Petraeus. He commanded the 101st Air- we are now at a point where we have to accurate. borne in Mosul. They were achieving make some decisions. Mr. KERRY. That is the chart, Mr. some fine success and reconciliation. I have been asked: Well, has the situ- President. They were able to catch Saddam’s sons, ation changed since General Petraeus Mr. SESSIONS. The most dramatic Uday and Qusay. He worked with Ala- has made his report? I think it has, reductions in violence occurred in the bama engineering National Guard units mainly because of what he said, not last months of August and September. impressively, in my opinion, to bring how he said it. I asked him back in Regardless of that, I would say the them on line in an effective way. I was January at his confirmation hearing Senator is making a point I think I can impressed in my meeting with him. would he always be truthful with the agree to—that it is not just the number The next year, he came home, and Congress and the American people of troops that are affected. General then they asked him to go back to about the status of this war and would Petraeus is executing a strategy uti- train the Iraqi Army. He went back he tell us if he didn’t think he could be lizing counterinsurgency tactics that and took charge of that operation and successful. He said that he would. are more suited to the problems in Iraq spent a year doing that in Iraq, meet- I asked him at this hearing: General and are proving to be more effective in ing people in Baghdad and getting a Petraeus, when you came before us in reducing violence and protecting the real feel for that country. Then he January, before you went to Iraq, you civilian people in Iraq. came home. had previously told me that no matter Mr. KERRY. I further ask the Sen- When he got home, he wrote the what happened, you would tell the Con- ator, if the civilian deaths are down to counterinsurgency manual for the U.S. gress the truth. He told me that in pri- such a degree that Baghdad is such a Department of Defense, which details vate the night before. So the next security success, why did the Iraqi Leg- the principles and tactics that can morning, I asked him: Will you tell the islature not reconcile on the issue of work to defeat an insurgency. In fact, truth to the American people? He com- oil or debaathification? insurgencies can be defeated if you mitted that he would. So at this hear- Mr. SESSIONS. I will give my best have a sustained and intelligent policy ing last week, I asked him: answer to that. We had the President that is well led. So he wrote that man- Have you, to the best of your ability, told of the United States and the majority ual, and President Bush met with him this Congress the truth about the situation leader in the Senate say we had to have in Iraq today? and decided to send him back a third an immigration bill. They tried to pass time in January, and he asked him to He said: it right here on the floor of the Senate. lead this effort. He has been doing so I have, yes, sir. They could not pass it. The President with integrity, skill, and effectiveness. You can call him a liar if you want could have stood on his head, and that As a matter of fact, one commentator to. I don’t. I believe he gave us the bill would not pass. said even in the early months you truth as he had the ability to give it to Just because we think we can order could feel that there was a new atmos- us. the Iraqi Parliament to vote out some phere and a new strategic vision and I asked him further: law doesn’t mean they can do that. So new leadership. It was filtering down General Petraeus, in your opinion, is there I am really worried about it, frankly. I throughout the system. a circumstance in which—in your opinion, is am fully willing to acknowledge that it this effort in Iraq such that we cannot be So to have a group like MoveOn.org successful, that we would be putting more ef- is a very troublesome development suggest—not suggest but call him a fort in a losing cause if we continue it, or, in that the Iraqi Parliament hasn’t been traitor and a liar, that is despicable. I your opinion, do we have a realistic chance able to pass laws to carry out some of cannot imagine anybody who would to be successful in this very important en- these needed reforms. But I don’t think not condemn such a statement. This is deavor? they are going to be more likely to be a patriot of the highest order. We have He replied: effective in passing legislation if we asked him to go into harm’s way for Sir, I believe we have a realistic chance of precipitously withdraw, allowing vio- the third time to serve the national in- achieving our objectives in Iraq. lence to increase again and whatever

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11831 else might happen, with Iran expanding he is going to yield to Senator KEN- Americans are worried about the its influence. NEDY for a couple minutes for him to safety of the products they use—from I have to tell you that the substan- offer a unanimous consent agreement. food to toys to drugs—and they are tial reduction in violence we have seen I thank Senator KERRY for his pa- right to be worried. Dangerous lapses is not small. This is really large. If you tience, as always. There is a lot of con- in safety oversight have exposed Amer- told me when the surge started that we fusion and difficulty in scheduling ican families to intolerable risks from would see a 70-percent reduction in ci- speakers. He has been extremely pa- lead paint in toys, to bacteria in foods, vilian deaths in Baghdad, I would not tient. I appreciate it a great deal. to drugs that cause unreported and le- have believed it. I would have thought I wonder if Senator KENNEDY can be thal side effects. The right response is that would be more optimistic than I recognized for a couple of moments to comprehensive, considered and bipar- was prepared to be. So whether it will propound a unanimous consent request, tisan legislation—and that is what we hold, I don’t know. We have seen some and then Senator KERRY can be recog- have before us today. improvement. nized. At the heart of our proposal is a new I know the Senator from Massachu- The PRESIDING OFFICER. Without way to oversee drug safety that is setts would like to speak. I will just objection, it is so ordered. flexible enough to be tailored the char- conclude by saying, OK, we have had Mr. KENNEDY. Mr. President, I acteristics of particular drugs, yet these reports, we have seen this thank Senator LEVIN and my colleague strong enough to allow decisive action progress, and we know what the dif- and friend, Senator KERRY. when problems are discovered. ficulties are. I have decided, based on f A second major element of our legis- General Petraeus’s testimony, the lation is a public registry of clinical FOOD AND DRUG ADMINISTRATION trials and their results. A complete Crocker testimony, the Jones Commis- AMENDMENTS ACT OF 2007 sion report, and other information we central clearinghouse for this informa- Mr. KENNEDY. Mr. President, I ask have, that things are moving in a bet- tion will help patients, providers and unanimous consent that the Senate ter direction. researchers learn more and make bet- I personally believe it is the new tac- proceed to the immediate consider- ter health care decisions. Now, the pub- tics, not so much the number of sol- ation of H.R. 3580, received from the lic will know about each trial under- diers. I am very happy General House and is at the desk. way, and will be able to review its re- The PRESIDING OFFICER. The Petraeus has concluded he can draw sults. clerk will report the bill by title. down troops while maintaining this Our bill recognizes that innovation is The bill clerk read as follows: progress of reducing violence. In fact, the key to medical progress by estab- A bill (H.R. 3580) to amend the Federal he has recommended that within the lishing a new center, the Reagan-Udall Food, Drug, and Cosmetic Act to revise and Foundation, to develop new research next few weeks, a Marine unit not be extend the user-fee programs for prescription methods to accelerate the search for replaced. So that represents an initial drugs and for medical devices, to enhance medical breakthroughs. reduction in our forces within a few the postmarket authorities of the Food and The bill helps preserve the integrity weeks. Then the next reduction will Drug Administration with respect to the safety of drugs, and for other purposes. of scientific review by improving come before Christmas will be an Army FDA’s safeguards against conflicts of There being no objection, the Senate brigade, and he would have 30,000 interest on its scientific advisory com- troops withdrawn by next summer and proceeded to consider the bill. mittees, and it will end the abuse of Mr. KENNEDY. Mr. President, every would report to us again in March on citizens petitions that are too often day, families across America rely on whether he could continue this rate of used not for their intended purpose of the Food and Drug Administration in reduction or accelerate it. brining important public health con- ways they barely realize. When they There is not that much difference, I cerns to the attention of the FDA, but put dinner on the table, they are say to my colleagues, in what we want. rather to delay the approval of generic counting on FDA to see that it is free Senator LEVIN wants to see troops drugs. withdrawn. He wants to see a stable from contamination. When they care The proposal before the Senate today Iraq. The question is, Do we do it with for a sick child, they are trusting FDA strikes the right balance on this issue. a mandated withdrawal rate dictated to make sure the drugs prescribed are It rightly states that the mere filing of by Congress or do we do it in harmony safe and effective. From pacemakers to a citizen petition should not be cause with the situation on the ground that treatments for cancer to the foods we for delay, but allows FDA to delay the leaves us in the best possible position eat, FDA protects the health of mil- approval of a generic application if it to allow a stable, peaceful Iraq, an ally lions of Americans, and oversees prod- determines that doing so is necessary to the United States, to exist? ucts that account for a quarter of the to protect public health. This is the I think we should accept the report. U.S. economy. The agency does all this right approach. It prevents abuse, but We should see this as good news, cele- on a budget that amounts to less than protects health. brate that some progress has been 2 cents a day for each citizen. The legislation also includes impor- made and recognize that serious chal- Yesterday, the House of Representa- tant reforms of direct-to-consumer, or lenges are out there. I do believe Con- tives approved legislation on FDA re- DTC, advertising. I thank Senator ROB- gress has every right to monitor this form by a broad bipartisan majority of ERTS and Senator HARKIN for working situation closely. We have every right 405 to 7. Our House colleagues from all with Senator ENZI and me and with to reject the President’s recommenda- parts of the political spectrum united many members of the committee on tion, to reject General Petraeus’s rec- to send that bill to the Senate with a this important provision. ommendation, to cut off funds and resounding bipartisan endorsement. We Instead of the moratorium included order our troops home if we so desire. cannot wait another month, another in our original bill, the current pro- I think that would not be a good deci- week—or even another day. We must posal puts in place strong safety disclo- sion. I think it would not be in the take action here and take action now sures for DTC ads, coupled with effec- long-term interests of the United to send that bill to the President. tive enforcement. Under current law, States of America. Therefore, I oppose The stakes could not be higher. safety disclosures can be an after- the Levin amendment. Funding for the FDA’s vital safety mis- thought—a rushed disclaimer read by I yield the floor. sion is reaching the breaking point. an announcer at the conclusion of a TV The PRESIDING OFFICER (Mr. Unless we act, the FDA Commissioner ad while distracting images help gloss SANDERS). The Senator from Michigan. will send a letter tomorrow to over over the important information pro- Mr. LEVIN. Mr. President, I believe 2,000 employees informing them that vided. Our proposal requires safety an- Senator NELSON was scheduled to be their jobs are slated for termination. nouncements to be presented in a man- the next speaker on this side of the This legislation provides nearly $500 ner that is clear and conspicuous with- aisle. He had to do that before 7 million in new resources for FDA—in- out distracting imagery. We also give o’clock, so he will be unable to take cluding over $50 million for drug safety FDA the authority to require safety that position. Senator KERRY is next in and $6 million for review of direct to disclosures in DTC ads if the risk pro- line on this side. However, I understand consumer ads. file of the drug requires them.

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11832 CONGRESSIONAL RECORD — SENATE September 20, 2007 Our legislation also takes important proval or labeling. We do not believe 200 selling drugs in 2006: Merck’s drug first steps toward a safer food supply. that the regulatory scheme embodied Fosamax Plus D came in 200th in 2006, These are only first steps—our com- in this act is comprehensive enough to with U.S. sales of $140 million. Sales mittee will work on a comprehensive preempt the field or every aspect of from this one drug alone exceed the en- package of food safety legislation in state law. FDA’s approved label has al- tire $120 million FDA budget for drug the fall—but they are important steps. ways been understood to be the min- safety in the last year of this program. Consumers and FDA have too little in- imum requirement necessary for ap- The 100th drug, Abbott’s Kaletra, had formation about contaminated food. proval. In providing the FDA with new 2006 sales of $350 million, nearly three Our bill creates a registry and a re- tools and enhanced authority to deter- times the FDA’s annual drug safety quirement to report food safety prob- mine drug safety, we do not intend to budget for 2012. Thirtyeight drugs had lems. Consumers will have information convert this minimum requirement U.S. sales exceeding $1 billion in 2006. about recalls at their fingertips, and into a maximum. The Institute of Med- The top selling drug, Pfizer’s Lipitor FDA’s response will not be slowed by icine and others have found that FDA’s had 2006 sales of nearly $6.6 billion, an antiquated and inefficient reporting past performance has been inadequate. amount more than 50 times FDA’s an- systems. Our bill also establishes While we fully expect substantial im- nual drug safety budget in 2012 under strong, enforceable quality standards provement as a result of the enactment this legislation. for the food we give our pets, to guard of this bill, we cannot and do not ex- Clearly, the resources of the drug in- against the problems of tainted pet pect the FDA or this new process to dustry to collect and analyze food that we have seen in recent identify every drug specific safety con- postmarket safety data vastly exceed months. cern before a drug manufacturer be- the resources of the FDA, and no mat- In this new era of the life sciences, comes aware or should have become ter what we do, they will always have medical advances will continue to aware of such concerns. Nor are the vastly greater resources to monitor the bring immense benefits for our citi- bill’s requirements that companies dis- safety of their products than the FDA zens. To fulfill the potential of that close certain safety information to the does. It is absurd to argue that the bright future, we need not only bril- government intended to substitute for FDA, even with the enhanced resources liant researchers to develop the drugs the disclosure requirements that may and authorities provided by this legis- of tomorrow, but also strong and vigi- be required under state law. lation, commands the field when it lant watchdogs for public health to No one should be under the mistaken comes to postmarket drug safety. The guarantee that new drugs and medical impression that the new authorities drug companies have the capacity to do devices are safe and beneficial, and and resources provided under H.R. 3580 a far more comprehensive job. If we are that they actually reach the patients lessen in any way the obligation of a serious about quickly alerting the pub- who urgently need them. Congress has drug company to scrutinize vigilantly lic to the health risks posed by drugs, ample power to restore the luster the the safety signals for their drugs and the companies must be required to FDA has lost in recent years, and this proactively study such signals or take the initiative in monitoring the bipartisan consensus bill can do the change their labels when the evidence safety of their products and imme- job. I ask my colleagues to approve supports such a change. This new diately warning the public of newly this needed legislation without delay. postmarket authority for FDA is not discovered risks. Drug manufacturers H.R. 3580, the Food and Drug Admin- intended to alter the drug companies’ cannot be allowed to ignore their re- istration Amendments of 2007, does a independent obligation to promptly sponsibility and wait for the FDA to great deal to improve the regulatory warn consumers of a drug’s risks. act. process and to strengthen FDA’s abil- Under current FDA regulations, a drug To be sure, the legislation gives FDA ity to enforce drug safety standards, company is required to add new warn- the authority to command some of the particularly in the postmarket period. ings to its labels as soon as it learns resources of a drug company. FDA can A recent study by the Institute of Med- about new risks potentially posed by order an epidemiological study or even icine described FDA’s post-market its drugs. The company must add the a clinical trial, but this authority is drug safety authority as ‘‘aging and in- new warning even if FDA has not re- not unlimited. Certain standards must adequate.’’ Currently, FDA’s ability to quired a labeling change. be met before FDA can act to require a address potential health problems that It is worth putting the situation in a drug company to investigate a safety become known after the drug has gone little perspective. The legislation in- signal. on the market is very limited. This is creases FDA’s resources for post-mar- Importantly, a drug company has the a serious weakness in the present sys- ket drug safety efforts significantly. ability and the responsibility to con- tem that must be corrected. This legis- FDA’s current resources of about $25 duct these studies or clinical trials on lation will give FDA the authority, for million are increased by almost $55 its own initiative. Nothing in H.R. 3580 the first time, to compel a drug com- million in the first year, to nearly $80 requires a company to wait and react pany to add warnings of newly discov- million. There will be increases in the to an order from the FDA for such a ered risks on the drug label. As a re- next four years of $10 each year, so that study or clinical trial, or to wait for sult, in many cases the health risks in- FDA’s post approval drug safety budget FDA to order the company to change volved in using potentially dangerous will be at about $120 million in 2012. its label. The legislation retains the drugs will be disclosed to the public This is the entire budget at the FDA to current, ongoing requirement, found in much sooner than they are today. collect and analyze post-market safety section 502(a) of the Federal Food, At the same time, this legislation information and respond with appro- Drug, and Cosmetic Act, for a drug makes clear that drug companies will priate regulatory action. FDA must company to ensure that its label is not continue to have the same independent use these resources to police every pre- false and misleading. This statutory responsibility to update the warning scription drug on the market—thou- imperative is recognized in current labels on their drugs in the future that sands of drugs. FDA regulations. Section 901 of H.R. they have under current law today. If a By contrast, the drug industry had 3580 cites these regulations in the new drug company learns of new dangers annual revenues in 2005 of over $200 bil- section 505(o) of the Federal Food, that its product potentially poses to lion. To be sure, significant portions of Drug, and Cosmetic Act. These regula- the patients taking it, the company these revenues support research and tions obligate a company to propose a has a legal responsibility to imme- development, profits, and marketing of labeling change to enhance a warning diately warn those patients of the risk drug products, but a mere 1 percent of or improve safety information without of injury. these sales exceeds the entire budget of waiting to hear from FDA, and allow By enacting this legislation, we do the FDA. It exceeds the agency’s budg- the company to implement the labeling not intend to alter existing state law et for postmarket drug safety by a fac- change before the FDA has reviewed duties imposed on a drug manufacturer tor of over one thousand. Many major and approved the change. to obtain and disclose information re- brand drugs have annual revenues that In most cases, a drug company will garding drug safety hazards either be- exceed FDA’s annual budget for post- learn about new risks from its product fore or after a drug receives FDA ap- approval drug safety. Consider the top before the FDA does. Usually, it is the

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11833 manufacturer that possesses the infor- those risks are discovered. Both are es- and chronic medical conditions can be mation demonstrating a potential dan- sential to identifying dangerous drugs relied upon and trusted. By acting ger from the product. It is imperative and getting them off the market quick- today, we are ensuring that nearly 2000 that patients and health professionals ly. Effective regulation by the federal dedicated public servants at FDA can learn about those new health risks as government and litigation by victims continue to evaluate drugs and devices quickly as possible. For that reason, of dangerous drugs work hand-in-hand in a timely and thorough way, speeding drug companies have, and must con- to keep patients safe and make drug these discoveries to patients while pro- tinue to have, an independent duty to companies more responsible. This leg- tecting the public health. warn drug users of the danger as soon islation improves FDA oversight of These new authorities will assist the as the company becomes aware of it. postmarket drug safety, and does not agency in quickly and effectively re- Otherwise, there will be long delays be- undermine or preempt the efforts by sponding to potential safety issues, in- fore consumers are alerted, and the injured patients to seek redress under cluding making labeling changes and number of injuries caused by the prod- State product liability law. requiring post-market studies to more uct will multiply. Congress has stated very clearly in fully examine potential risks. In addi- What should motivate a drug com- the legislation that we do not intend tion, this bill expands access to clinical pany to investigate drug safety signals the new authority being given to FDA trials information for patients and pro- and take appropriate action to miti- to preempt common law liability for a viders and creates new methods to ad- gate a safety risk? You can find the an- drug company’s failure to warn its cus- dress potential conflicts of interest of swer in several places: from the simple tomers of health risks. The legal duty advisory committee members to ensure moral duty to do the right thing; from of drug companies to warn consumers greater accountability and preserve the duty to one’s customers, who use of the health risks of their products as scientific integrity. one’s products with the understanding, soon as those risks are discovered is es- FDA currently has no mechanism for often promoted by direct-to-consumer sential to effectively protecting the active, routine surveillance of poten- advertising, that the company’s high- public from dangerous drugs. Legisla- tial safety problems. It cannot easily est interest is to bring safe and effec- tion designed to protect consumers detect safety problems after a drug has tive cures to the sick and ill of the Na- from dangerous drugs must not be dis- been put on the market. This legisla- tion; and from a duty under State law torted into a shield protecting drug tion fixes that challenge and ensures to offer products that are free of de- companies from accountability. that FDA has the right tools to address fects, with adequate warnings about Mr. ENZI. Mr. President, I rise today drug safety after the drug is on the their risks. This legislation changes in support of HR 3580, the Food and market. The legislation creates the ca- none of these duties, in any way, Drug Administration Amendments of pacity for routine, active, safety moni- whether they arise from simple ethics, 2007. This comprehensive bill will en- toring using large linked databases, principles of contract law, or of tort hance drug safety and provide key re- what I like to call ‘‘health IT for drug law. Rather, the legislation provides sources to the Food and Drug Adminis- safety.’’ I want to thank Senator tration. I am pleased that the House FDA with additional resources and au- GREGG for being the champion of this thority to be better able to step in passed this bill yesterday, and that we provision and ensuring that we crafted when a company fails to live up to have a chance to act on it today. It’s this provision appropriately. been a long road for this bill, and I these responsibilities. This bill also includes renewal of two But some drug companies don’t want strongly urge my colleagues to vote key provisions focused on children—the to fully inform the public about these yes and endorse the most comprehen- ‘‘Best Pharmaceuticals for Children risks to patients’ health, and they sive drug safety overt1aul in more than Act’’ and the ‘‘Pediatric Research Eq- don’t want to be held accountable when a decade. uity Act,’’ which together ensure that patients are injured or killed by their This key FDA package includes four drugs used in children are tested on drugs. They would have liked this leg- reauthorizations that must be done children; as well as a proposal that will islation to change the law to escape this year, along with essential new au- increase our ability to develop medical this responsibility. These drug compa- thorities for FDA to be able to react in devices for children. nies wanted to convert FDA regulation a timely way to any safety problems from a safety floor into a ceiling, from that arise after a drug has been There has been a lot of attention paid a minimum safety standard designed to brought to market. With this new tool- to medical products in this debate. But protect consumers into a liability box, FDA has the ability to identify we mustn’t forget the ‘‘F’’ in FDA. shield designed to protect the drug side effects after the drug is marketed This bill contains important food safe- companies. But Congress firmly re- through active surveillance. FDA also ty provisions to better protect our pet jected this approach. has the authority to request labeling food supply, and track when food is If companies were allowed to conceal changes in response to new safety in- adulterated. safety information until the FDA or- formation, as well as a separate study I want to thank my colleagues Sen- dered them to disclose it, consumers or clinical trial to learn more about a ators ROBERTS and HARKIN for their would continue taking these dangerous particular, potential safety problem. tireless efforts to provide an appro- drugs without knowing their risks for Not everyone got everything they priate balance for direct-to-consumer months or even years after the risks wanted in this bill. That is as true of advertising. I would also like to thank were discovered. Then, when the public me as it is of anyone. I am deeply con- one of my colleagues on the other side finally learned of the risk, the drug cerned about the provisions related to of the Capitol, Representative SCHA- company would be immune from suit labeling changes and liability, given KOWSKY of Illinois, for her constructive for failing to warn its customers. Those that we do not fully understand the im- involvement in these issues. It was not who were seriously injured by the drug plications of that language. This new an easy task to reconcile some very would have no legal recourse, even rule of construction was part of the different opinions, and I am so pleased though the company had concealed the House-passed language and not some- that we were able to reach a resolution risk. The company would completely thing the Senate fully debated. If I to this issue that we could all support. escape accountability for its failure to would have drafted the bill, that lan- I would like to thank Senator ALEX- warn consumers. That would be totally guage would not have been included. ANDER, Senator ALLARD, Senator BOND, unacceptable, and is not what we in- But this is a compromise bill, one that Senator DODD, Senator CLINTON and tend by this legislation. provides important new authorities, others for their leadership on behalf of Regulation by the Food and Drug Ad- while preserving the quality we have kids. Finally, I would like to thank ministration and product liability law- come to expect of the agency. The Senator HATCH for his work on the suits against the manufacturers of changes made in the drug safety com- antibiotics and other Hatch-Waxman harmful drugs work together to protect ponents of this legislation are critical issues. consumers. Both are needed to force to restoring peace of mind to Ameri- On the other side of the Capitol, I drug companies to disclose health risks cans who want to be assured that the would like to thank Chairman DIN- posed by their products as soon as drugs they purchase to treat illnesses GELL, Ranking Member BARTON, and

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11834 CONGRESSIONAL RECORD — SENATE September 20, 2007 Representatives PALLONE and DEAL for plex bill with lots of moving parts. bills could have affected the claims of shepherding this legislation through There would be no bill without their ef- thousands of injured American con- the process. forts. sumers. I want to take a few minutes to I would like to thank Senator HATCH Last week, I chaired a Senate Judici- thank the staff, who have spent count- and his staff Pattie DeLoatche, Trisha ary Committee hearing on the emer- less hours over the past months negoti- Knight, Remy Yucel and Matt gence of regulatory agencies like the ating and drafting this legislation. Sandgren for their efforts on the bill FDA asserting that its regulations pre- This dedication to public service often overall, but particularly on the Citizen empt all State laws, even in the ab- overlooked. They spent many evenings Petitions, antibiotics, and enantiomers sence of congressional intent to do so. and weekends away from their homes provisions. Leigh-Anne Ross of Senator At this hearing we received extensive and their families. COCHRAN’s staff and Landon Stropko of testimony that the Bush administra- My health team worked overtime to Representative CUBIN’s office were also tion has been using this approach to get this bill to the floor and passed in key on these antibiotic provisions. shield corporations from civil liability. the Senate. I would first like to thank With Senator GREGG’s office, and for This regulatory preemption model has my Health Policy Director, Shana their assistance with ‘‘health IT for been especially troubling in the area of Christrup. I also want to greatly thank drug safety,’’ I thank Dave Fisher and pharmaceutical drugs. Several times in Amy Muhlberg, for her work on drug Liz Wroe. Stephanie Carlton, from Sen- the past several years we have learned safety, food safety and PDUFA. Her ator COBURN’s staff and Jenny Ware from whistleblowers and smoking gun knowledge and drafting skills were with Senator BURR were also integral documents that certain corporations central to this bill. I would also thank to many parts of the bill. knew of dangers in their medical prod- Keith Flanagan for his work on the I would also like to thank my col- ucts yet failed to adequately warn con- children’s statutes in this bill and Dave league from Kansas, Senator ROBERTS, sumers. Many consumers have been in- Schmickel, our resident drug patent and his staff Jennifer Swenson, for jured as a result of this corporate mis- expert for his work on citizens peti- their incredible work on direct-to-con- conduct and it is certainly not con- tions and antibiotics issues. I would sumer advertising. I also thank my col- gress’ intent to shield such corporate also like to thank Todd Spangler who league Senator HARKIN and his staffer decisionmaking. provided the required backup that goes Janelle Krishnamoorthy for their hard The legislation we are set to pass with moving a bill of this magnitude. work on this issue. Lindsay McAllister today contains a rule of construction Finally, I would like to thank my Staff of Representative SCHAKOWSKY’s office making clear that Congress has again Director, Katherine McGuire, whose was also integral to the success of decided that we are not preempting steady hand and negotiating and com- these negotiations. State law regarding the responsibility munication skills provided the cement I would like to thank Isaac Edwards of drug manufacturers to immediately for the entire process. and Amanda Makki of Senator MUR- notify consumers of dangers without I would also thank Ilyse Schuman, KOWSKI’s staff, Tyler Thompson with waiting for the FDA to act. Drug com- my chief counsel for her precision and Senator ISAKSON, and Jennifer panies maintain the authority to cor- attention to the details. Finally, I Claypool with Senator ALLARD for rect their warning labels if they learn thank Amy Angelier Shank for her their hard work and dedication. of any information that their products great work on the budget aspects of the Ellie Dehoney of Senator BROWN’s of- could harm consumers. These corpora- bill and my press team Craig Orfield fice was critical to reaching agreement tions can and must immediately cor- and Mike Mahaffey. My Chief of Staff on the Citizen Petitions and tropical rect any existing warning that has Flip McConnaughey was great at put- disease provisions. Melanie Benning of been issued and cannot hide behind the ting out brush fires throughout the Senator BROWNBACK’s office was also Byzantine regulatory structure of the process. instrumental on the tropical disease FDA to shield them from liability for Megan Hauck with Senator MCCON- issue. causing serious injury. To do otherwise NELL’s office, David Boyer with the I would like to thank Mary-Sumpter would endanger all Americans who White House, Craig Burton and Vince Johnson with Senator ALEXANDER, may be injured by their products and Ventimiglia at HHS and Stephen Kelly Childress with Representative would remove the important incentive Mason of FDA were key to helping ROGERS, Jennifer Nieto with Rep- the corporations currently have to with both policy and process issues resentative ESHOO, Ann Gavaghan with make their products safer and to ade- throughout the negotiations. Senator CLINTON, Tamar Magarik and quately warn consumers of potential On Senator KENNEDY’s staff, I would Jeremy Sharp with Senator DODD for dangers. like to thank: Michael Myers, David their exceptional work on the pediatric Mr. HATCH. As the Senate completes Bowen, and David Dorsey. Senator provisions. its consideration of H.R. 3580, the Food KENNEDY’s staffers were reasonable ne- And last, but not least, Cameron and Drug Administration Amendments gotiators throughout the process and Bruett of Senator CHAMBLISS’s Agri- Act of 2007, I want to take this oppor- open and patient to hearing all sides of culture Committee staff, Adela Ramos tunity to commend publicly the Food any issue. of Chairman HARKIN’s Agriculture and Drug Administration and espe- On the other side of the Capitol, I Committee staff, and David Lazarus of cially to express support and apprecia- would like to thank Chairman DIN- Senator DURBIN’s staff were extraor- tion to the dedicated FDA employees GELL, as well as John Ford, Virgil Mil- dinarily helpful on the food safety pro- who work so hard to ensure the safety ler and Pete Goodloe of his staff for visions in the bill. of our drug and food supply. They are their tireless work. Bobby Clark with As you can see, this was a real team led by a very capable and hard-working Mr. PALLONE and John Little with Mr. effort. I urge my colleagues to vote yes Commissioner, Dr. Andrew von DEAL were also instrumental in the ne- on this important bill. Patients are Eschenbach. gotiations. Ranking Member BARTON waiting. I yield the floor. In our race to legislate and regulate, and his staff Ryan Long and Nandan Mr. LEAHY. Mr. President, I am we often forget the impact of our ac- Kenkeremath were outstanding. Yes- pleased that today the Senate is poised tions on agency employees and their terday, when this bill passed the to pass H.R. 3580, a bill regarding the ability to safeguard American con- House, Mr. BARTON reported that Ryan Food and Drug Administration. This sumers. And so I want to take this op- had been up all night working on the legislation addresses many important portunity to thank them for their bill and was therefore wearing the health care issues and I commend the work. same clothes as the day before. I would Senate leaders and relevant committee While I will not belabor the point like to state for the record that all my chairmen for coming to agreement on here, as the legislation makes clear, staff showered today—I think. this complex bill. I have been moni- the agency is operating under severe Warren Burke with House Legislative toring the ongoing negotiations be- funding constraints. That is a pressing Counsel and Stacy Kern-Sheerer of tween the House and Senate on this public health issue of great priority Senate Legislative Counsel were tre- legislation because a slight variation and the Congress must work to address mendous in handling a long and com- in language between the two relevant it in a meaningful way.

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11835 With passage of this legislation priate and accurate content of a drug’s years exposed significant weaknesses today, we will end the protracted game labeling. in our Nation’s drug-safety system. of ‘‘chicken’’ that threatened the jobs This new procedure is designed to im- This year, Congress decided to do of hundreds of FDA employees, the sta- plement a more thorough and regular- something about it. In addition to re- bility of the agency, and indeed the in- ized methodology for the consideration authorizing user fee programs for pre- tegrity of Congress, an institution and implementation of safety-related scription drugs and medical devices, we which has been under public criticism labeling changes and to ensure that have engaged in a serious effort to im- for not doing its job. FDA is the ultimate authority in mak- prove drug safety. I am proud to support the passage of ing certain that drug labels convey The bill gives the FDA more tools to H.R. 3580. I want to applaud the efforts safety information in a clear and con- detect the safety problems of drugs of HELP Chairman KENNEDY and Rank- sistent way. after they are available to consumers. ing Republican Member ENZI. They This provision, which adds a new sec- It also creates an active surveillance have worked tirelessly to ensure this tion 505(o) to the Federal Food, Drug system that will help detect problems bill would be completed before the ex- and Cosmetic Act, is designed to ensure that were not apparent during the clin- piration of the user fee programs at the that both the agency and pharma- ical trials conducted prior to a drug’s end of this month. They have worked ceutical companies are able to modify approval and it promotes greater open- in a bipartisan way and they have quickly with the agency’s approval ness by requiring disclosure of clinical worked very hard to embrace the views drug labels so that physicians are trials performed by drug companies. of each and every member of our com- alerted promptly to new or increased Lastly, the FDA is given greater au- mittee. risks associated with a drug. The provi- thority to require drug companies to Let me highlight some of the impor- sion does not affect the agency’s gen- add warning labels and to conduct safe- tant components of the FDARA bill. eral policy on labeling or its current ty studies. First, it is imperative that we con- labeling rules and policy. I note the provisions in the bill that tinue the drug and device user fee pro- Also, the legislation promotes phar- give FDA the authority to compel a grams. This is true for one simple maceutical and medical device ad- drug company to make changes to a fact—the agency relies greatly on the vancements in pediatric therapies. The drug’s labeling. That authority should funding from these programs, and with- bill reauthorizes the Best Pharma- not be seen as an absolution of the out it there would be unconscionable ceuticals for Children Act and the Pe- companies’ responsibility regarding delays in drug and device reviews. diatric Research and Equity Act which drug labeling. Consumers should be This is particularly important for have been vital for important research made aware of a drug’s risks at the ear- Utah, a State with the hallmark of in- used by doctors and parents. The final liest possible moment, and drug com- novation, a State which is the home to language on both these provisions is a panies remain responsible for ensuring countless drug and device manufactur- good compromise between the House that consumers are provided with ers. and Senate bills. prompt and adequate warning of a Finally, it is my profound regret that And while there are some problems drug’s risks. with how these programs have the bill we consider now does not con- We have noticed a creeping trend in tain the Biologics Price Competition worked—problems I have been pur- recent years towards implied and agen- and Innovation Act, legislation that suing, and will continue to pursue, cy preemption of state laws. Last Senators KENNEDY, ENZI, CLINTON, with the FDA—all in all it must be rec- week, a Senate Judiciary Committee SCHUMER, and I have authored. This ognized that there is no alternative to hearing looked at techniques that Fed- bill is intended to offer consumers ac- the user fee programs being continued. eral agencies, including FDA, have re- cess to lower cost biosimilar products, The drug safety provisions that cently used to assert that agency copies of such important medications Chairman KENNEDY and Ranking Mi- rulemakings preempt state liability as insulin or human growth hormone, nority Member ENZI developed will be laws. The drug labeling provisions in while preserving the incentives for re- seen as an important hallmark in our today’s legislation include a rule of searchers, universities and manufac- Nation efforts to improve the safety of turers to develop and market the inno- construction that makes clear that pharmaceuticals that Americans rely vator biologics. Congress does not intend to preempt on. I am extremely disappointed that the state requirements regarding drug The food safety legislation that our bill could not be contained in H.R. 3580, companies’ responsibilities. Rather, colleague Senator DURBIN developed— but I recognize the importance of al- this legislation recognizes that State again, that is a vital component. I am lowing the House to develop its version liability laws, including liability laws supportive of that language, and espe- in regular order. for improper drug labeling, play an es- cially appreciative to my colleagues It remains my high priority, and I be- sential role in ensuring that drug prod- for including the three pieces of lan- lieve the priority of my colleagues as ucts remain safe and effective for all guage Senator HARKIN and I authored well, that this legislation be enacted in Americans. to make certain that the new food re- 2007. The bill addresses two other issues of porting system did not override the Di- Mr. DURBIN. Mr. President, today, particular interest to me, new restric- etary Supplement Health and Edu- the Senate will send a bipartisan bill to tions on conflicts of interest for FDA cation Act’s regulatory structure and the President that will improve the advisory committees and important that it did not supersede the serious FDA’s ability to assure the safety of provisions related to food safety. adverse event reporting system for die- drugs in our medicine cabinets and the I have been troubled by the large tary supplements enacted last year— food in our kitchens. number of waivers of conflicts-of-inter- the Dietary Supplement and Non- The FDA is an essential guardian of est rules that FDA issues to members prescription Drug Consumer Protection the public’s health and safety. In re- of its advisory committees. The public Act. cent years, FDA’s reputation has been depends on these committees to make This legislation also includes many marred by drug safety incidents and independent assessments about the other laudable provisions. One par- questions about its scientific independ- safety and effectiveness of drugs. In- ticular provision in this legislation es- ence. cluding members with financial con- tablishes a new and enhanced mecha- In 2004, the public learned that tak- flicts can erode the public’s trust in nism for the prompt consideration of ing Vioxx, a heavily marketed pain the process. new safety-related information and medication, increased your risk of a When the Senate debated this bill in sets forth strict timelines for the eval- heart attack and stroke. The revela- May, I offered an amendment with Sen- uation of such new data. That provi- tion raised serious questions about how ator BINGAMAN that would have limited sion is designed to ensure that all po- the drug manufacturer responded to the number of waivers to one per advi- tential safety-related labeling changes signs of a problem and how FDA han- sory committee meeting. While the are promptly raised and duly consid- dled disagreements among its staff. amendment was defeated on a 47–47 ered by the agency in carrying out its The Vioxx episode and problems with vote, the House included the language statutory duty to oversee the appro- other FDA-approved drugs in recent in its FDA bill.

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11836 CONGRESSIONAL RECORD — SENATE September 20, 2007 The final bill includes a 25-percent The bill directs FDA to strengthen Being able to access new drugs can reduction in waivers over the next 5 its coordination with states to ensure allow patients to live fuller lives, and years. I would have preferred more of a the safety of fresh and processed in some cases, save them from death. reduction, but this compromise moves produce and requires the Department I am frustrated by what I have seen us in the right direction and I com- of Health and Human Services to sub- as a desire to have a partisan debate on mend the conferees for addressing con- mit more detailed reports to Congress an issue of liability. We have been cerns raised in both chambers around on the number of inspections con- working for some time now on a bipar- conflicts of interest. ducted each year and the number of tisan level to ensure that we have a bill On the issue of food safety, I am violations and adulterants discovered passed by Friday. We should not be happy to report that the bill includes through inspections. throwing partisan politics into the de- food safety language that I originally Lastly, it includes sense-of-Congress bate during the 11th hour. Because I offered on the floor of the Senate. The language that commits this Congress am committed to working on a bipar- language passed on the Senate floor by to working on comprehensive food safe- tisan level, I continue to hope that we a 94–0 vote. ty reform. will have legislation passed to ensure The language creates a new reporting On that note, I want to emphasize that patients can get the drugs that requirement for food companies that one thing—the food safety provisions they desperately need. determine there is a significant adul- in this legislation are only the starting Some believe that the Senate posi- terated food product in their supply point for more comprehensive efforts tion on liability may have favored the chain. Previously, companies consulted to improve our Nation’s food safety pharmaceutical companies. However, I trade associations and attorneys to de- system. am of the opinion that the House posi- termine when to report significant For too long we have gone without tion favored the trial lawyers. Should adulterations to the FDA. Uncertainty updating the resources and authorities we make any changes we should also about reporting requirements and an for our food safety efforts, and a broad ensure that any labeling change au- incentive to keep products on store coalition of stakeholders understands thority would not provide for an oppor- shelves resulted in uneven, delayed re- that our system is broken. We need to tunity for partiality by the courts. I porting of significant incidents to close the gaps in our current system. strongly believe that every individual FDA. Several months ago, Robert should be allowed to argue equally for Under this new policy, companies Brackett, Director of the FDA’s food their particular case in court. will now be required to report these arm said this in response to the pet Currently the FDA regulation allows types of incidents to FDA within 24 food recall, ‘‘These outbreaks point to for labeling changes by accepting sub- hours of determining the presence of a need to completely overhaul the way missions from companies, and the com- such an adulteration. These reports the agency does business. We have pany may make a label change. This is referred to as ‘‘changes being effected’’ will trigger an FDA review and, de- 60,000 to 80,000 facilities that we’re re- or CBEs. A company also has the op- pending on the findings of the review, sponsible for in any given year. We portunity to discuss the change with FDA would then have the authority to have to get out of the 1950s paradigm.’’ require further action from the com- Also in response to this recall, Dr. the FDA before making a label change, since the regulations have a particular pany, including an investigation, sub- Stephen Sundlof, Director of the Cen- bound on what sort of changes can and mission of additional information, and ter for Veterinary Medicine of FDA, cannot be made under this regulation. the sending of notifications to affected implied the same when he said, ‘‘We’re The current authority may not be parties in the supply chain. Companies going to have to look at this after the adequate to deal with all cases in would be required to maintain records dust settles and determine if there is which a labeling change may be nec- of reports and notifications for a period something from a regulatory stand- essary. An example that is referenced of 2 years. Failures to report incidents, point that we could have done dif- frequently deals with a Vioxx label falsify reports, or comply with follow- ferently to prevent this incident from change in which FDA had been talking up FDA requirements would be subject occurring.’’ to the company for 18 months. This sit- to civil and criminal penalties. I agree with their sentiments and uation has led to many pending suits The effect of this language will be to look forward to making more progress related to Merck’s ‘‘failure to warn’’ involve Federal regulators in the re- on the issue of food safety. people that the drug had some poten- view process earlier, resulting in faster I would like to thank my colleagues, tial side effects. recalls, alerts, and notifications Chairman KENNEDY and Senator ENZI, In the user fee reauthorizations this through the supply chain. Contami- for their cooperation and willingness to year both the House and Senate de- nated products will be tracked and re- work on this language. I would also cided to give FDA the authority to do moved from the supply chain earlier like to highlight the efforts of the fol- an expedited labeling change provision. and faster. Recalls will be more tar- lowing members of their staffs: David In addition to this new authority, the geted to specific lots and batches of Noll; Amy Muhlberg; David Dorsey; House and Senate language included contaminated products. We will mini- and David Bowen. I look forward to provisions that made it clear that the mize some of the uncertainty around working with the Senate HELP Com- ‘‘changes being effected,’’ CBE, regula- the extent of contaminations once they mittee on future food safety efforts. I tions should still stand. However, the are discovered. would also like to thank Senators HAR- House and Senate took different This provision is an important step KIN, BROWN, HATCH, and CASEY for their stances as to how that additional infor- forward for food safety. assistance with this language. mation or regulatory option should In addition to this provision, the lan- In particular, I also would like to play out in court. guage directs FDA to establish pet food thank Chairman KENNEDY and Senator The Senate-passed language, which ingredient, processing, and nutrition ENZI for their extraordinary leadership was done on a bipartisan level, would labeling standards. Previously, these and hard work on this overall bill. have established a new labeling change standards were completely voluntary Mr. ALLARD. Mr. President, today I process. This language would have also and did not carry the weight of law. wish to speak on an issue that is weigh- implied that if a company was already This section also directs FDA to estab- ing on the minds of many Members of in discussions with the FDA about the lish an early warning and surveillance this body, employees of the Federal labeling issue, and attempting to deter- system to identify pet food adultera- Government, and patients in the mine if the labeling change was nec- tions and outbreaks of disease. In addi- United States. essary, then a future lawsuit would tion, the language directs FDA to im- Many people working for the FDA have to argue how the company was prove its outreach and coordination are faced with the possibility of receiv- acting in an improper way. In this situ- with professional associations, univer- ing a reduction in force notice if new ation, the FDA regulation would have sities, and state and local authorities user fee legislation is not passed quick- ‘‘occupied the field’’ with respect to li- during recalls. The agency is also ly. The FDA needs the necessary re- ability for failure to warn. asked to enhance the display of recalls sources so that they may approve drug The House-passed language would on its website. applications within a timely manner. have the opposite effect. Essentially a

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11837 company would not be able to use the Prior to the enactment of BPCA 10 pediatric studies of drugs in certain argument that they were in the midst years ago, pediatricians were essen- circumstances, there should be no expi- of discussion with the FDA as a de- tially flying blind because they lacked ration date on FDA’s authority to en- fense. In my mind, the House language information regarding the safety and sure the safety of drugs in children. is a huge boon to trial lawyers. It also effectiveness of drugs they were pre- The interplay between BPCA and makes it harder for companies that are scribing for children. But it was chil- PREA is changed slightly in H.R. 3580 working in the best interest of the pa- dren who suffered the most from tak- from the Senate-passed bill. It is my tient to prove that they are doing so. I ing drugs where so little was known understanding that H.R. 3580 will not have long been a supporter of reducing about their effects. delay the FDA’s ability to utilize the opportunity for frivolous lawsuits, With BPCA, we have changed the PREA’s authority to require a pedi- and in my mind the House language in- landscape both for drug companies and atric assessment of new drugs that creases this. the FDA with respect to prescription have not yet been approved should a I would even be happy dropping both drugs and children. However, we still company decline a written request the House and Senate language regard- have much further to go because even under BPCA for such drug. ing liability. This would leave a situa- with the progress we have made so far, Similarly, an exhaustion provision tion in which either side would be on still less than half of all drugs being was retained in BPCA that would allow an equal playing field to argue a case used in children have been studied for the Secretary to take up to 30 days to on failure to warn. This situation their use. H.R. 3580 makes several key certify in the affirmative that the would allow suits to be determined on improvements to BPCA that will better Foundation for the National Institutes a case-by-case basis. Congress would inform parents, pediatricians, and the of Health has sufficient funding to ini- not be weighing in one way or the public about the safety and effective- tiate and fund all studies in a declined other. ness of drugs used in children. For in- written request before determining The legislation that is expected to stance, H.R. 3580 will improve trans- whether an assessment under PREA pass uses the House language on liabil- parency and accountability by making can be required. Although the Sec- retary may take up to 30 days to make ity. It provides a source for bias in the written requests for pediatric studies such a certification, the Secretary need courts and opens the floodgates for public and it will improve the accuracy not impose any delay before deter- frivolous lawsuits. This is a definite and speed of labeling changes as a re- mining whether an assessment under boon for trial lawyers. sult of BPCA studies. As with many other instances in However, H.R. 3580 represents a real PREA is warranted. As the Govern- which Congress has addressed the de- missed opportunity to inject a measure ment Accountability Office found in its mands of trial lawyers, I am not will- of rationality into this program to en- March 2007 report on BPCA, contribu- ing to risk the livelihood of the em- sure that it will continue to thrive well tions to the Foundation for the Na- tional Institutes of Health by the drug ployees at the FDA or the health of my into the future. H.R. 3580 dropped a industry totaled a mere $4 million constituents who rely on the drug ap- Democratic compromise provision re- since 2002. While I hope contributions plications approved by the FDA. I will ducing the length of pediatric exclu- to the foundation will improve signifi- not hold up the legislation, but I want- sivity from the current 6 months to 4.5 cantly, there should be no unnecessary ed to take this opportunity to express months only for blockbuster drugs, delays when it comes to important my dismay at the partisan way that drugs with annual sales exceeding $1 safety information about medications the liability issue was addressed. billion. Five years ago and again re- Mr. DODD. Mr. President, I rise prescribed to our children. cently, my colleagues on both sides of Mr. President, BPCA has shown us today to voice my support for H.R. the Capitol dome have criticized this that it is unsafe to simply treat chil- 3580, the FDA Amendments Act of 2007. program over the 6-month length of the dren as small adults. Children face a H.R. 3580 contains two bills which I au- exclusivity that may be granted if the similar inequity with respect to med- thored, the Best Pharmaceuticals for FDA believes a drug company success- ical devices. Far too few medical de- Children Amendments of 2007 and the fully completed the pediatric studies it vices are specifically designed for chil- Pediatric Medical Device Safety and requested of them. dren’s small and growing bodies. Ex- Improvement Act of 2007. I believe Most recently, data released by re- perts say that the development of chil- these bills will go a long way toward searchers at Duke University show dren’s medical devices lags 5 to 10 improving the health and safety our that some companies receive as much years behind that of adults. That is Nation’s children. The bill will also as 73 times the amount they spent to largely due to the limited size of the make important changes to our Na- conduct the pediatric trial under the 6 market for pediatric devices. tion’s drug safety system so that the months of exclusivity. BPCA has al- When a medical device suitable for a FDA has clear authority backed up by ways been about balancing the needs of child is needed to save that child’s life new enforcement tools to ensure the children with the cost to consumers. but it does not exist, doctors are often safety of prescription drugs once they That is why I strongly supported the forced to ‘‘jury-rig’’ adult versions of are on the market. provision I authored in the Senate bill, the device or, in some cases, perform a As the original author of BPCA in S. 1082, which reduced the length of ex- riskier surgery on the child. Ventilator 1997 and its two subsequent reauthor- clusivity to 3 months for blockbuster masks, for instance, are far too large izations, I am proud to say that no drugs. to fit over a baby’s mouth. Often, the other program in history has done I was proud to have brokered a com- only alternative is to run an invasive more to spur research and generate promise between the House and Senate tube down the baby’s throat. critical information about the use of of 4.5 months for blockbuster drugs be- Because of what we witnessed over prescription drugs in children than this cause this agreement was the right pol- the past 10 years with the market in- one. In 10 years, nearly 800 studies in- icy. But I am profoundly disappointed centives provided under BPCA, I intro- volving more than 45,000 children in that the decision was made to drop this duced an initiative, the Pediatric Med- clinical trials have been completed due compromise. When my colleagues seek ical Device Safety and Improvement to BPCA. Useful new pediatric informa- to make similar changes to the length Act, to create similar incentives for de- tion is now part of product labeling for of exclusivity in 5 years, I believe that vice manufacturers. I am pleased that more than 119 drugs. In sum, there has the deal the House and Senate cut in this legislation is contained within been a twentyfold increase in the num- H.R. 3580 will only make doing so more H.R. 3580 and I believe it will produce ber of drugs studied in infants, chil- difficult. tremendous improvements in chil- dren, and adolescents as a result of I must also express my strong dis- dren’s health. BPCA since its enactment. appointment that the final bill inserts This legislation streamlines the ap- Ten years ago when Senator Mike a 5-year sunset on the Pediatric Re- proval process for cutting-edge tech- DeWine and I undertook this effort, search Equity Act. As an original co- nology and establishes grants for only 11 drugs on the market that were sponsor of the reauthorization of PREA matchmaking between inventors and being used in children had actually and a long-standing supporter of ensur- manufacturers and the Federal Govern- been tested and studied for their use. ing FDA has the authority to require ment. It is my hope that the FDA will

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11838 CONGRESSIONAL RECORD — SENATE September 20, 2007 utilize its Office of Orphan Products and security of human and veterinary safety issues. It was clear that labeling Development to administer these drugs, must be restored. H.R. 3580 pro- changes and clinical trials and studies matchmaking demonstration grants. vides the necessary reforms to restore were two key areas in which Congress Balancing safety with reasonable in- the FDA as the gold standard for assur- should act. centives, this legislation closely mir- ing the safety of the public for many To that end, I offered an amendment rors recommendations made by the years to come. during the committee markup that IOM in its 2005 report on pediatric med- Mr. BURR. Mr. President, I stand provided the Secretary with additional ical device safety to improve the seri- here with a heavy heart. Congress had authority and control over a drug or ous flaws in the current postmarket the chance to reauthorize many impor- biological product’s approved labeling, safety surveillance of these devices. tant programs at the Food and Drug including the authority to require the Specifically, the IOM called for and the Administration and pass a targeted holder of an approved application to legislation allows the FDA to require drug safety bill. Instead, we are passing make safety-related changes following postmarket studies as a condition of a massive bill that triples FDA regula- an accelerated labeling review process. clearance or approval for certain cat- tion and responsibility, puts clinical Under the new procedures added by my egories of devices and it gives the FDA data out in the general domain that language, if either the Secretary or the the ability to require studies longer may be misleading to patients, and holder of an approved application be- than 3 years with respect to a device contains conflict of interest language came aware of ‘‘new safety informa- that is to have significant use in pedi- that could harm participation on the tion’’ that the party believed should be atric populations if such studies would FDA’s advisory committees—a key included in the labeling, the other be necessary to address longer-term pe- part of the drug approval process. party should be notified promptly, and diatric questions, such as the impact I will start with a good part of the discussions should be initiated regard- on growth and development. This pro- bill. This bill reauthorizes many im- ing whether a labeling change is needed vision should not be seen to encourage portant programs at the FDA, includ- and, if so, the content of any such la- or promote off-label pediatric use of de- ing the pediatric exclusivity program. beling change. The Best Pharmaceuticals for Children vices that have been cleared or ap- That construct made sense to me and Act was originally enacted as part of proved for adult use but for which it made sense to Chairman KENNEDY the Food and Drug Administration there is no or limited safety and effec- who passed the amendment by unani- Modernization Act in 1997, legislation I tiveness data concerning uses in chil- mous consent. Given that current prac- sponsored on the House side and was dren. tice today is for a company to call the reauthorized in 2002. The goal of BPCA H.R. 3580 will also go a long way to- FDA when they become aware of new is to encourage the study of more drugs ward restoring the public’s confidence safety information, I thought it was a in the pediatric population. BPCA pro- in the FDA to protect them against good idea to put current practice into vides that incentive by giving drug harmful prescription drugs and foods. statutory law. I want companies and companies an additional six months of For too long, the FDA has lacked the the FDA to talk to each other about market exclusivity to a product, or pe- clear authority to require labeling drug safety issues. changes when new safety information diatric exclusivity, in exchange for about a drug arises. H.R. 3580 will conducting voluntary studies of pre- I support the safety labeling lan- change that. scription drugs on children. guage in H.R. 3580, which reinforces the For too long, the pressure on FDA to Since its enactment, BPCA has been FDA’s broad authority over prescrip- approve drugs has outweighed the ne- viewed as a highly successful program tion drug labels. These provisions allow cessity to have a systemic, unbiased re- and has produced at least 132 com- the FDA to mandate changes to a view of the post-market safety of drugs pleted studies, leading to approxi- drug’s approved labeling whenever the whereby the FDA can take swift action mately 120 pediatric label changes. Ac- FDA becomes aware of new safety in- should new safety information arise. I cording to the most recent General Ac- formation that it believes should be am pleased that the drug safety provi- countability Office study on BPCA, communicated in the labeling. Al- sions of H.R. 3580 will require contain issued March 22, 2007, prior to enact- though the FDA already has broad au- requirements that the FDA’s office re- ment of the Food and Drug Adminis- thority over drug labeling and must ap- sponsible for post-market safety of tration Modernization Act few drugs prove all but the most minor labeling drugs have equal footing with the of- were studied for pediatric use. As a re- changes, this provision will enhance fice responsible for reviewing drugs. sult, there was a lack of information FDA’s authority and help to ensure As the author of S. 467, the Fair Ac- on optimal dosage, possible side ef- that labeling changes are made expedi- cess to Clinical Trials Act, I am fects, and the effectiveness of drugs for tiously using a process that facilitates pleased that H.R. 3580 contains many pediatric use. Almost all the drugs— dialogue between the drug company major improvements to the clinical about 87 percent—that have been and the FDA. FDA has comprehensive trials provisions. Physicians, research- granted pediatric exclusivity under authority over the regulation of drug ers, and the public will now have access BPCA have had important labeling products, particularly drug labeling, to a clinical trials registry with infor- changes as a result of pediatric drug and this provision further accomplishes mation on results, making it tougher studies conducted under BPCA. Exclu- that goal. for companies to hide or skew undesir- sivity is working. As I said earlier, I have three main able clinical trial results data. Senator DODD tried to change the concerns with H.R. 3580. First, the bill I would like to thank Chairman KEN- Best Pharmaceutical for Children Act is a complex web of regulation. It is NEDY for his leadership on this bill and by decreasing the exclusivity for some going to take months, if not years, for his willingness to work so closely with drugs. At a Health, Education, Labor, drug companies and the FDA to under- me to improve children’s health. I and Pension Committee hearing, wit- stand all of the new regulations. I sup- would also like to recognize the many nesses expressed concern about Senator ported improving the FDA’s authority staff who put in long hours and week- DODD’s idea and speculated whether it in two areas: safety labeling changes, ends working on this legislation. In would decrease the number of drugs and clinical studies and trials. This bill particular, I would like to commend studied for pediatric indications. I am goes far beyond those two areas and Tamar Magarik and Jeremy Sharp, of pleased that the final bill does not in- sets up a structure called REMS—Risk my staff, who worked extensively on clude that misguided change to the pe- Evaluation and Mitigation Strategy. this bill. diatric program. The REMS does not add any significant Mr. President, the past several years From the beginning of the HELP new authority. The FDA currently uses have been marked with major drug Committee’s consideration of the drug Risk Maps which do the same things as controversies—Vioxx, Ketek, Avan- safety issue I recognized the need to REMS. Now Risk Map regulations, dia—with millions of families affected. clarify existing authority or provide which have never been studied for their The public deserves better. The mission the FDA with a few new authorities in effectiveness, are becoming law. It of the FDA, to protect the public order to improve the interaction be- means more paperwork, deadlines, and health by assuring the safety, efficacy, tween the FDA and drug companies on checkpoints for drug companies, with

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11839 no guarantee that it will improve pa- legislation—H.R. 3580, the Food and tions on distribution and use. If used, tient safety. I do not support regula- Drug Administration Amendments Act this restriction has the potential to tion for the sake of regulation. of 2007—that constitutes a massive impede patient access to important Second, H.R. 3580 expands the scope overhaul and expansion of the Food therapies and therefore should not be of the Government’s current clinical and Drug Administration’s authorities. imposed where less burdensome ap- trials website, www.clinicaltrials.gov, Up until a couple days ago, deter- proaches are available. This concept of and adds clinical trial results. I under- mining the scope and details of the bill a ‘‘less burdensome approach’’ is an im- stand the desire of some members to was an open and bipartisan process. portant one and it is essential that make clinical trials transparent and Unfortunately, all of that changed at product manufacturers have the oppor- the desire of scientists to have as much the eleventh hour and we were locked tunity to present alternative proposals access as possible to clinical trial data. out of discussions to determine what a to the Agency that would accomplish But I am very concerned that average final product would look like. Now we the goal of safety without imposing un- citizens will not understand all of the are forced to either accept what we do duly restrictive actions to products complex scientific information being not fully agree with or cause thousands and ultimately to patients. This legis- presented to them and instead of talk- of FDA employees to lose their jobs. lation establishes that the FDA will ing to their physicians to understand This is not the way to ensure that we not limit or restrict distribution or use the data about adverse events, primary ‘‘get it right’’ with drug safety. unless a drug has been shown to actu- and secondary outcomes, and baselines, While this bill achieves the impor- ally cause an adverse event. We abso- they will instead avoid taking drugs tant and necessary objectives of reau- lutely need FDA to have all the tools that could make them feel better or thorizing the Pediatric Research Eq- necessary to ensure the safety and effi- save their lives. I hope that the Na- uity Act, the Best Pharmaceuticals for cacy of drugs, but doctors need tools as tional Institutes of Health and the Children Act, the Pediatric Medical well, and one of those important tools Food and Drug Administration are Device Safety and Improvement Act, is new drugs on the market. I appre- very careful while implementing this the Prescription Drug User Fee Amend- ciate the significant changes that were title of H.R. 3580. If expanded improp- ments, the Medical Device User Fee made in this language of the bill be- erly, clinicaltrials.gov will frighten Amendments, and establishing a sci- tween Senate HELP Committee mark- people, not educate and assist them. entifically-based surveillance system up and full Senate consideration. These Third, this legislation changes the for drug safety risks. There was still improvements remain in the final bill FDA process for granting waivers for important work to be done to complete and are critical to ensure that physi- participation on advisory committees. a bipartisan product. Because of unfair cians—not the FDA—can make risk/ The FDA has 23 advisory committees Democratic Majority tactics I and my benefit decisions with their patients. that meet to discuss applications pend- colleagues have no opportunity to fur- This bill ensures that the FDA has ing before the FDA and other issues. ther amend and perfect this legislation. broad and exhaustive authorities to Currently, only four of those advisory Furthermore, I am frustrated that make sure that drug companies are committees have complete member- certain important provisions were re- doing the right and scientifically-justi- ship. Serving on an advisory com- moved from the final language of the fied thing when it comes to drug safety mittee is not a glamorous job, even bill at the last minute. We lost a provi- and the labeling of their drugs. This though we rely on those committees to sion to provide incentives for devel- authority is placed rightly in the hands guide the FDA’s approval and regu- oping new antibiotics—a disastrous de- of highly-trained scientists at the latory processes. Understandably, sci- cision at a time when we are seeing a FDA. It is clear that Congress relies on entists that serve on the committees huge rise of antibiotic resistance in the scientists at the FDA to assess have more to gain from doing their re- this country. Last minute negotiators safety risks and drug labeling and this search and making tenure, than work- also refused to recognize that patients should be squarely and solely the ing part-time for the Government. desiring marijuana for medical pur- FDA’s role—that is why we have spent Given all of those issues, instead of cre- poses deserve to know critical informa- months and months trying to get this ating incentives to work on the com- tion about whether or not marijuana issue of drug safety right. The newly mittees, this legislation makes it more can be safely used. Finally, the final expanded role of the FDA does and burdensome and complex. People have bill did not contain an important Sen- should preempt State law when it expressed concern about biased com- ate-passed resolution to protect Amer- comes to drug safety and labeling. In mittee members, but the facts dem- ican pharmaceutical companies’ intel- order to ensure scientific drug safety onstrate that the FDA is quite vigilant lectual property rights around the the last thing that we need is the regu- about screening individuals to serve on globe. latory nightmare of every State court the committees. And the FDA has been This legislation is a very delicate being a mini-FDA. working on new regulations to balancing act. No drug is completely Let me be clear, the FDA is the ex- strengthen the screening process even safe—otherwise a doctor’s prescription pert Federal agency charged by Con- more. I hope that we do not see a slow- wouldn’t be needed—but we do have to gress with ensuring that drugs are safe down in the drug approval process due ensure that lifesaving medicines are and effective and that product labeling to an inability to fill the membership able to get to patients. New authorities is truthful and not misleading. Appro- of advisory committees. in the area of Risk Evaluation and priate preemption of State jurisdiction Senator BROWN and I also worked on Mitigation Strategies, REMS, labeling, includes not only claims against manu- language that would help bring new and postmarket commitments should facturers, but also against health care antibiotics and generic versions of old not be taken lightly. These new au- practitioners for claims related to dis- antibiotics to market. At the last thorities we are giving the FDA need semination of risk information to pa- minute, that language was stripped out to be used based on a measured assess- tients beyond what is included in the of the House bill in order to pay for a ment of risk vs. benefit in the intended labeling. half month of pediatric exclusivity. I patient population. For instance, label- Product liability lawsuits have di- hope that Representatives DINGELL and ing changes should only be undertaken rectly threatened the FDA’s ability to BARTON hold to their promise of mov- when reliable data clearly shows safety regulate manufacturer dissemination ing that antibiotics legislation in the problems that are not already reflected of risk information for prescription near future. in the drug’s label. If that data happens drugs. I note a recent case in Cali- Overall, I am disappointed that nec- to come from a third party unknown to fornia, Dowhal v. SmithKline Beecham, essary FDA reauthorizations became the application holder they should where trial lawyers tried to assert that vehicles for legislation that need more have the opportunity to review it along a drug company had failed to warn con- work, are overly broad, and will weigh with the Agency so that appropriate la- sumers that nicotine-replacement down the FDA at a time when we need beling changes can be made based on products allegedly cause birth de- to be helping, not hurting, the FDA. sound science. fects—even though there wasn’t sci- Mr. COBURN. Mr. President, today Another new authority granted to entific evidence to back that up. In the full Senate will probably agree to the FDA in a REMS is possible restric- this case, the FDA had previously told

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11840 CONGRESSIONAL RECORD — SENATE September 20, 2007 SmithKline Beecham that they should law to force manufacturers to supple- through enforcement of the prohibition not include such an unscientific warn- ment safety regulation beyond that re- against false and misleading labeling of ing in its label because it would clutter quired by FDA. I want to be clear that drug products in the Federal Food, up the label’s warnings that actually the FDA’s labeling requirements estab- Drug and Cosmetic Act.’’ Sykes v. were scientifically justified. A Cali- lish both a ‘‘floor’’ and a ‘‘ceiling.’’ Glaxo-SmithKine, 484 F. Supp. 2d. 289, fornia court asserted that more warn- Therefore, risk information beyond 312 (E.D. Pa. 2007) (internal quotation ings were always better. Subsequently, what is required by the FDA could be omitted) . that assertion was overruled unani- considered unsubstantiated or other- CITIZENS’ PETITIONS mously by the California Supreme wise false or misleading. Given the Mr. HATCH. Mr. President, I wish to Court as the FDA again asserted that comprehensiveness of FDA regulation take this opportunity to clarify one its scientific judgment should prevail. of drug safety, effectiveness, and label- issue related to the language on citi- The case was not properly before the ing additional requirements for the dis- zens’ petitions and petitions for stay of court by operation of the doctrine of closure of risk information are not nec- agency action which is included in primary jurisdiction. Unless State law essarily more protective of patients. FDARA. As my colleagues are aware, I is preempted in this area, State law ac- Finally, I want to specifically com- was a cosponsor of the citizens’ peti- tions can conflict with the FDA’s in- ment on language in H.R. 3580 that in- tion amendment included in the Sen- terpretations and frustrate the FDA’s cludes a new mechanism to further en- ate-passed bill, and I was pleased to implementation of its statutory and courage the timely and accurate com- work closely with my colleagues in the scientific mandate. munication of new safety information Senate—Senators KENNEDY, ENZI, Should the FDA’s scientific judgment on prescription drug labels. That mech- BROWN, STABENOW, LOTT and THUNE to on drug safety and labeling be set anism reiterates the FDA’s primacy in develop an acceptable compromise with aside, we would risk eroding and dis- determining the content of prescrip- the House. I understand the impor- rupting the truthful representation of tion drug labeling, including through tance of making certain that generic benefits and risks that medical profes- the new power to command a safety la- drug approvals are not delayed unnec- sionals need to make decisions about beling change. New section 505(o)(4)(I) essarily, which is the intent of this drug use. As a physician, I know that also makes clear that this enhanced amendment. Mr. KENNEDY. Indeed, that was an exaggeration of risk can discourage the safety labeling mechanism does not af- important objective of the Food and important and right use of a clinically fect the obligation of a company to Drug Administration Amendments Act, therapeutic drug. Superfluous liability maintain a drug product’s labeling in accordance with FDA’s regulations, in- and I agree the citizens’ petition lan- concerns can create pressure on manu- guage is an integral part of the final facturers to expand labeling warnings cluding 21 C.F.R. § 314.70. This provision is meant to confirm the basic obliga- legislative effort. to include merely speculative risks and Mr. HATCH. As my colleagues are limit physician appreciation of poten- tion of a drug’s sponsor to propose—or, in some cases, make—changes to the aware, we had a number of discussions tially far more significant contra- about this provision, and one issue we approved labeling to reflect changes in indications and side effects. worked hard to balance was the need the conditions established in the ap- I note that the FDA has previously for the Food and Drug Administration proved application and/or new informa- stated that ‘‘labeling that includes the- to have adequate time to review any tion. Nothing in this rule of construc- oretical hazards that are not well meritorious issues raised by a peti- tion changes that obligation or FDA’s grounded in scientific evidence can tioner against the importance of not ultimate authority over drug labeling; cause meaningful risk information to holding up the Abbreviated New Drug nor is it intended to change the legal ‘lose its significance.’ Overwarning, Applications—or ANDAs—or applica- landscape in this area. That is because just like underwarning, can similarly tions submitted under section 505(b)(2) there is an overriding Federal interest have a negative effect on patient safety of the Federal Food, Drug and Cos- and public health.’’ In this bill, we in ensuring that the FDA, as the public metic Act. Our colleagues, Senators health body charged with making these have created a clear labeling pathway BROWN and STABENOW, were particu- between the FDA and a drug sponsor in complex and difficult scientific judg- larly forceful in their arguments that this bill to ensure that consumers get ments, be the ultimate arbiter of how there should be a deadline for FDA ac- scientifically accurate and appropriate safety information is conveyed. In this tion on a petition, but that the agency warning of drug safety risks. manner, there can be confidence that could have the ability to delay review Furthermore, if not preempted in uniform drug labeling conveys clear, of an application if it found that the drug safety information and labeling, consistent, and scientifically justified petition raised a legitimate public State law could conflict with achieving safety and medical information. health issue. the full objectives of Federal law if it In fact, the courts have repeatedly My concern, which I want to discuss precludes a firm from including certain upheld FDA’s supremacy over prescrip- with the chairman, goes to the discus- labeling information. If a manufac- tion drug labeling in cases brought sions we had about the operation of turer then complies with State law, the under State law. Nearly 20 years ago, that language. In particular, I want to firm would be omitting a statement re- the U.S. Court of Appeals for the Fifth discuss the ability of the agency to quired under § 201.100(c)(1) as a condi- Circuit emphasized that ‘‘. . . manufac- conserve its resources and not waste tion on the exemption from the re- turers cannot change the language in time acting on petitions that do not quirement of adequate directions for the product insert without FDA ap- merit review. Indeed, the concept we use, and the omission would misbrand proval,’’ and accordingly ‘‘[i]t would be discussed over the course of many days the drug under 21 U.S.C. 352(f)(1). The patently inconsistent for a state then was that the agency would have the drug might also be misbranded on the to hold the manufacturer liable for in- ability to deny a petition or a supple- ground that the omission is material cluding that precise warning when the ment if the petition were based on within the meaning of 21 U.S.C. 321(n) manufacturer would otherwise be liable meritless or frivolous issues. We all and makes the labeling or advertising for not including it.’’ Hurley v. Lederle recognized, however, that defining misleading under 21 U.S.C. 352(a) or (n). Labs. Div. of Am. Cyanamid Co., 863 F.2d ‘‘meritless’’ and ‘‘frivolous’’ is impre- While it is true that a manufacturer 1173, 1179 (5th Cir. 1989). As a more re- cise at best. So, the final language con- may, under FDA regulations, strength- cent Court expressed this bedrock prin- tained in the bill we consider today en a labeling warning on its own, it is ciple, allowing a State to decide what says that the agency may deny a peti- important to understand that in prac- warnings are appropriate, and thus po- tion at any point if the Secretary de- tice manufacturers typically consult tentially subject companies to liability termines that it was submitted ‘‘with with FDA before doing so. Otherwise for otherwise FDA-approved labeling, the primary purpose of delaying the ap- they could risk enforcement action if would upset the careful benefit-risk proval of an application and the peti- the FDA ends up disagreeing. balance that FDA has struck in ap- tion does not on its face raise valid sci- Some misunderstand the FDA’s la- proving a product for market, and entific or regulatory issues . . .’’ beling requirements to be a minimum doing so would ‘‘undermine FDA’s au- MR. KENNEDY. The Senator from safety standard and have used State thority to protect the public health Utah is correct.

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11841 Mr. HATCH. One concern that I I would ask the chairman of the intend to clarify how Federal health raised, which we all agreed would have HELP Committee, Senator KENNEDY, agencies may use and release Medicare been included in the conference report whether he would agree to this request. data and make the appropriate amend- language had we filed such a report was Mr. KENNEDY. It is a great pleasure ments in the Social Security Act. At a clarification about the meaning of to work with my distinguished col- that point, it will be important that ‘‘scientific or regulatory issues.’’ It leagues from the Finance Committee the use of Medicare data be appro- was our agreement during negotiations on this reauthorization of important priately tied into the drug safety provi- on FDARA about what is perhaps an programs at the FDA. I know they sions of the FDA bill under consider- obvious point: if the law requires a have a deep interest in seeing that the ation today. We would hope that our delay in approval of an ANDA or medicines that Americans take are colleague, Senator KENNEDY, would 505(b)(2) application, for example be- safe and effective. agree to make conforming amendments cause of a patent or an exclusivity, this Senator BAUCUS and Senator GRASS- to the Federal Food, Drug and Cos- new provision will not change that re- LEY have rightly raised a question re- metic Act as needed to make FDA law quired legal result. The law is the law, garding the interpretation of section consistent with appropriate Medicare and its effect should not depend on 905 of this bill. Section 905 adds a new law. whether or not it was brought up in a paragraph (3) to section 505(k) of the Mr. KENNEDY. I appreciate that petition to FDA. I would appreciate the Federal Food, Drug and Cosmetic Act. conforming amendments in the Federal chairman clarifying if that was the This new paragraph establishes a sys- Food, Drug and Cosmetic Act may be agreement we had. tem for FDA to query databases re- necessary as you point out. I agree to Mr. KENNEDY. I do agree. Let us be garding information that may help de- work with the Senator in the future on clear: The citizen petition provision is tect adverse drug effects. It is essential this issue. designed to address attempts to derail to detect drug safety problems early, Mr. KENNEDY. Mr. President, I ask generic drug approvals. Those at- so that they may be corrected before unanimous consent that the bill be tempts, when successful, hurt con- people are hurt and an electronic drug read a third time, passed, the motion sumers and the public health. The cit- safety system is one important tool for to reconsider be laid upon the table, izen petition provisions are not in- doing so. and that any statements relating to tended to alter laws not amended by The Medicare claims database is list- the bill be printed in the RECORD, with- the provision. I thank the Senator. ed as one of several possible sources of out further intervening action or de- MEDICARE CLAIMS DATA data in section 505(k)(3)(C)(i)(III)(aa). I bate. Mr. BAUCUS. Mr. President, today want to assure my friends from Mon- The PRESIDING OFFICER. Without we have before us an important piece of tana and Iowa that our intent is that objection, it is so ordered. legislation, the FDA Amendments Act Medicare’s participation will be deter- The bill (H.R. 3580) was ordered to a of 2007. It has come to my attention mined by provisions of the Social Secu- third reading, was read the third time, that this bill includes a section that rity Act, over which the Finance Com- and passed. makes an effort to authorize the FDA mittee has exclusive jurisdiction. Mr. KENNEDY. Mr. President, the to use and release Medicare claims Nothing in this section is intended to New England Journal of Medicine, data for use in postmarket surveillance infringe on that jurisdiction or to in which is probably the most distin- of drugs approved by the FDA. I fully any way preempt the ability of the Fi- guished medical journal in not only support the goal of making drugs safer nance committee to act to specify the this country, probably in the world, for all Americans. participation or nonparticipation of has made the comment that this legis- As chairman of the Finance Com- the Medicare claims data base in the lation is the greatest progress, in mittee, however, I am obligated to system established under section 905. terms of drug safety, in a century. This point out that any use of Medicare The matter before the Senate amends ought to be reassuring for every family data is exclusively governed by title the Federal Food, Drug and Cosmetic as to the safety of their prescription XVIII of the Social Security Act, and Act. The section to which you have drugs and also in terms of their food. that the Finance Committee has exclu- raised concerns authorizes use of Medi- The PRESIDING OFFICER. The Sen- sive jurisdiction over title XVIII. I care data ‘‘as available.’’ I acknowl- ator from Massachusetts. would ask the distinguished chairman edge that under current law, that is Mr. KERRY. Mr. President, I con- of the Health, Education, Labor and not possible. gratulate my colleague from Massa- Pensions Committee, Senator KEN- Mr. BAUCUS. I thank the chairman. chusetts on another landmark piece of NEDY, to acknowledge that the Senate I intend to continue working with my legislation that he has been able to Finance Committee has sole jurisdic- good friend Senator GRASSLEY to ad- shepherd through this institution. It tion over Medicare data and title XVIII dress the release and use of Medicare adds to a remarkable string of legisla- of the Social Security Act and ask that data by Federal health agencies and tive accomplishments. he endeavor to consult us on matters private researchers soon through legis- We are all pleased this important re- before the HELP Committee that touch lation written by the Finance Com- form effort and advance is going to be on the Senate Finance Committee’s ju- mittee. made. It is a terrific step forward. I risdiction. I make the same commit- Mr. GRASSLEY. I agree with my col- congratulate Senator KENNEDY, Sen- ment to him that he makes to me: I league, Senator BAUCUS. I have been ator ENZI, and others on the committee will commit to consult on matters be- working a long time on legislation to who worked so hard to make it happen. fore the Finance Committee that touch permit the use of Medicare data to im- f on the Senate HELP Committee’s ju- prove drug safety. After all this is risdiction. some of the best and most complete NATIONAL DEFENSE AUTHORIZA- To avoid unnecessary confusion as to data available. In fact, Senator BAUCUS TION ACT FOR FISCAL YEAR the jurisdiction of the Finance Com- and I joined together to introduce leg- 2008—Continued mittee or further delay in the consider- islation to accomplish just that during Mr. KERRY. Mr. President, I have ation of this important conference the 109th Congress, S. 3987, the Medi- been listening to my colleagues on the agreement, I would agree to accommo- care Data Access and Research Act, other side of the aisle, and sometimes I date your request to withhold any ob- and this Congress, S. 1507, the Access think we are talking past each other jection to the Senate’s consideration of to Medicare Data Act of 2007. Improv- and about different legislation. it with the acknowledgement that the ing drug safety is a top priority of The proposal in the Levin-Reed- release and use of Medicare data are mine and the appropriate use of Medi- Kerry and other Senators legislation governed by title XVIII of the Social care data will likely enhance drug safe- says nothing about precipitous. I don’t Security Act and are under the exclu- ty. That will benefit all Americans. I know how one interprets ‘‘precipitous’’ sive jurisdiction of the Finance Com- look forward to completing our goals when we leave the President the discre- mittee. This does not represent any for Medicare data later this year and tion to decide how many troops he is waiver of jurisdiction on the part of including this on legislation within the going to have there for training, for the Finance Committee on this subject. purview of the Finance Committee. We prosecuting the war on terror against

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11842 CONGRESSIONAL RECORD — SENATE September 20, 2007 al-Qaida, and for the job of protecting Then after the Iraq Study Group re- While we have waited for General American facilities and forces. ported, everybody said: OK, we are Petraeus to report, a lot of young The fact is that for many people in going to wait and give General Americans have died. Meanwhile, today the country, this is inadequate. It is Petraeus an opportunity to report; we in the Senate, we were distracted by not precipitous. To have a debate about are going to wait for September, and this much discussed, much condemned buzz words that excite the base does we will see whether we are going to ad in a newspaper 2 weeks ago. Some not serve our troops well, and it cer- change the strategy. saw a chance to score cheap political tainly does not serve our national secu- What did General Petraeus talk points on the floor of the Senate. In- rity interests very well. about when he finally gets here at this stead of joining with everybody to con- We keep hearing these words ‘‘sur- long-awaited moment that everybody demn all those kinds of ads and in- render’’ and ‘‘choose to lose,’’ and so is waiting for to measure the strategy volvements in American politics that forth. It is insulting to a lot of people with respect to Iraq? He talked about people do not like, the other side could who have spent a lifetime, some who tactics, about military tactics that do not bring themselves to do that. But served in the Armed Forces, being told not amount to a strategy for how you they have to have their singular tar- this by people who have not, that they resolve the fundamental problems of geted, one-entity specific, not even af- are somehow choosing to put a strat- Iraq. filiated party entity, and go on and at- egy in place purposefully that is to sur- The Senator from Alabama, Mr. SES- tack it. Frankly, it is as insulting as it render on behalf of America or to lose SIONS, a moment ago pointed out this is illuminating that in a week-long de- on behalf of America. Come on. It hap- complete contradiction where they are bate about Iraq, in which both sides pens that a lot of people in the Senate claiming: Well, the streets are safer have just five amendments to try to af- and the country believe there is a bet- and they have been safer for, what, 7 fect the policy, the Republicans took ter way to defend American interests. months, 8 months now because General one of those amendments to try to, in- I will tell you, if you take a real Petraeus’s own chart shows the vast stead, play pure politics. measurement by facts of where we are preponderance of the violence went Mr. President, all of us opposed any with respect to American security in- down before our troops even got on the kind of personal attack on the distin- terests—let me give them to you: Iran line. guished general, and we said so at the is stronger than Iran has ever been in One of the reasons it went down is time. I think I was one of the first peo- recent years. Iran loves the fact that because there has been a massive ple to speak out and say so. But I am we are bogged down in Iraq. Iran is amount of ethnic cleansing because the not going to join in some kind of hi- strengthened by the fact that we are militias have done their dirty deed jacking of the Senate for political pur- bogged down in Iraq. Our own national across the country, and Baghdad, poses to score points and create 30-sec- intelligence agency has told us we are which used to be 65 percent Sunni, is ond advertisements as a consequence of now experiencing more terrorism, not now 75 percent Shia. That tells you the votes. It is a disgrace, and it does a dis- less, because of our policy in Iraq. That story. service to what we are trying to do. is our intelligence community telling There is a total mythology here We have had a lot of colleagues who us that, that there are more terrorists, about al-Qaida, not mythology in the have referenced the fact that the esca- not less. Osama bin Laden is free and sense that they are dangerous and they lation of sending more troops into Iraq doing what he does out of Pakistan, are real. We all understand that. Al- was to give Iraqi politicians the chance talking on the Internet to the world, Qaida is a threat. Al-Qaida is a serious to be able to make up their own minds attracting terrorists, and plotting to challenge to all of us in both parties, to about their political future. And we attack America. Hamas is stronger the country, to every citizen. But al- have heard a lot of people talk again than it has ever been. They took over Qaida is not the principal problem in and again and again about how there is the Gaza and are creating havoc in the West Bank. Hezbollah is stronger than Iraq. no military solution. I know what hap- It was again interesting that General it has been. Al-Qaida is reconstituted. pens in the sort of ‘‘speech-ifying’’ that Those are all facts. Do you know Petraeus, in answer to a question in goes on here, and the repetition, I what they add up to? They add up to a the Armed Services Committee, was guess, of some of these facts. They kind weak foreign policy, to a weak defense asked about Osama bin Laden and al- of get glossy. They just sort of slide by policy and, in fact, those who claim Qaida in Iraq, whether they were there people and people don’t really focus on and talk about surrender and about at the beginning, and he said no. There the real meaning or the impact of what choosing to lose are losing today when is no connection between al-Qaida in is being said as a result. But the fact measured against the real interests of Iraq and 9/11, none whatsoever, despite is, the President very clearly told our country. They are not making countless, countless references by the America the rationale for sending more America safer. Interestingly, one of the President, the Vice President, and a troops was not to go out and secure a most important things General bunch of folks on the other side to try whole bunch of communities for the Petraeus said in that hearing, in an- to link them together and confuse sake of having a general come here and swer to a question from the Republican Americans, grab their emotions, get say we know how to secure a commu- former chairman of the Armed Services them in the gut, and somehow that is nity. Committee, somebody respected and going to excuse a policy that cannot A lot of us, in discussing the so- revered by people on both sides of the find another excuse. called surge, said at the time that this aisle, Senator WARNER, are we safer?— It is a disgrace, and it doesn’t serve is not going to be the thing that General Petraeus couldn’t say. He said: our national security interests. I re- changes the fundamental dynamics I don’t know. peat, we are not safer in the grander that are now ruling Iraq absent an in- So I have had enough of this gobble- sense of strategic interests of our coun- crease in significant political diplo- dygook talk about ‘‘precipitous’’ and try. When you measure what they have macy and political strategic thinking. ‘‘surrender’’ and ‘‘walking away from done with respect to Hamas, Hezbollah, And in that, we have been proven 100 responsibility.’’ The responsibility here Iran, al-Qaida, Osama bin Laden, they percent correct. The Iraqis have not is to get this policy right for America have a failed national security policy made fundamental decisions. and for our troops. for this country—a failed national se- Let me ask you, Mr. President, what Where is the accountability? We were curity policy for this country. The is the relationship between more secu- told by the President of the United measurement is given to us by our own rity and making a decision about how States last January, when he stood up intelligence agency, which tells us al- you distribute oil revenues? Are you and he talked to the Nation, one of Qaida is reconstituted and capable of telling me they can’t get into a room those big televised ‘‘We are going to attacking from anywhere. and figure out the Kurds have this talk to the Nation,’’ he said to Amer- It is obvious for everybody to see how much, the south has this much, the ica: The Iraqis are going to do the fol- we have lost leverage and lost credi- Sunni triangle doesn’t have any? The lowing. Here is what they are going to bility and lost influence in the world. Sunni are 20 percent of the population, do: A, B, C, and D. Then he said: And That does not make our Nation safer, so we have to have some revenue going we are going to hold them accountable. not in the least. to them from a national basis. Do you

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11843 need security to make that decision? deed, being armed, being trained, and LUGAR has talked about it repeatedly, There is a complete disconnect in what fighting back against al-Qaida because to the point of exhaustion, that you is being talked about here. they got tired of al-Qaida’s cruelty. have to have people who are talking to Do you need security to decide The Shia will never get along with each other every day. You have to have whether you are going to allow people al-Qaida because al-Qaida and al- envoys of consequence. who were formerly members of the Qaida’s beliefs and its attempts to es- Why couldn’t we have former Presi- Baath Party, but who were there be- tablish a caliphate in the region and dent Bush and President Clinton serve cause they were coerced or because it out of Iraq does not include Shiism. as special envoys to convene and meet was the only way to stay alive but who You are better off as a Christian or a with these folks and work through never took part in the excesses of Sad- Jew in the eyes of al-Qaida than Shia these differences on a daily basis, with dam Hussein, do you need security to are in the context of Muslim and the the notion that you are going to try to make the decision—and I am not say- faith of Islam. So the Shia, and par- create a resolution, or find the resolu- ing you can get them all to go into the ticularly Iran—and I heard my col- tion, like we did in Bosnia and Kosovo, mainstream of the life of Iraq—but to league from Alabama turn to Iran as as we have in so many other conflicts make the decision as to whether you the reason to somehow talk about what in the world? are going to let them go in? You need is happening with Iraq and al-Qaida. As a young person, when I came into security to do that? No. You need a po- Iran is not going to tolerate al-Qaida, politics, I remember one of the things I litical will. not for an instance. admired on both sides of the aisle was I will tell you why they are not mak- The Kurds are not going to tolerate those titans of American diplomatic ing the decision. It is not because of al-Qaida. Al-Qaida is not in Kurdistan, history. During the period that I grew the absence of security. It is because of and al-Qaida doesn’t do so well down up, there were people with names such the fundamental reality of their con- there where the Shia are, and it is not as Acheson and Ball and Bundy and a stituencies. The Shia have spent 1,300 doing so well right now where the host of others, and some did better years being basically subjugated by Sunni are. The jihadists, as opposed to than others. Kissinger and then Jim Sunni, and they have now been given the former generals of Saddam Hus- Baker, who I remember made 15 trips at the ballot box what they could never sein—al-Qaida in Iraq is made up of a to Damascus just to get President achieve in any other way. They have number of different entities, and the Asaad to agree finally to Desert Storm. been given the right to run the coun- worst, obviously, are the jihadists. And he went the last time, on the 15th try. And guess what. After what hap- Those are the foreign fighters who trip, without even knowing what the pened in 1990, when President Bush, 41, come in across the Syrian border or outcome would be, but he knew that he excited the notion they could take on across the Iranian border, but they are had to repeatedly be there and be in Saddam Hussein and encouraged them the first who are going to find a mas- their face and cajoling and working to revolt, and they did, and then we sive unwelcome in Iraq because they and moving the process. pulled the rug out from under them, are foreign and because there is no way There has been such a total absence tens of thousands of them were bru- that either Sunni or Shia or Kurd is of that kind of effort over the course of tally murdered, and they remember going to allow the jihadists to get a these last years, it just frustrates me that. That is the freshest massacre in foothold of any kind of consequence. to think about young men and women their memory. That memory says to The Baathists are using al-Qaida in a on the front lines suffering these griev- them, we are not going to let go of this way because it serves their interests to ous injuries and believing in our coun- power very easily, especially when we foment some of the problems because try and in the idea of trying to help now have an opportunity to have a they are targeting us as well as the Iraq and not having the kind of support Shia Islamic state, which is what they Shia, and they want to create this dis- and policy that does justice to the want. That is what the constituency ruption. The only way to resolve that risks they are taking. It is stunning, wants. is through this political issue, and that Mr. President. The Sunni constituency, which has raises the question of, how you do solve I believe, as Tom Friedman said the been running the place for most of it? There are some very smart people other day, negotiating in the Middle those years—not every single one of who know more about Iraq and its his- East—without leverage is playing base- them but most of them—has now been tory than I do who suggest it may not ball without a bat. And that is basi- emboldened in the notion that they be possible, for the time being, because cally what we have been doing because have to reject this notion of a Shia Is- of what has been unleashed—the open- we will not get up from the table. lamic state, and Iran and Iran’s influ- ing of Pandora’s box, or the genie out There has never been a baseball owner ence, and they have the sense that they of the bottle, or whatever you want to in history who went into negotiation can return to power. In that struggle is say. It has changed the possibilities with another player and said: I can’t written the history of the IEDs and now so that you may not be able, for get up from the table. That is a nego- most of the ethnic cleansing and most the time being, to achieve any kind of tiation that is not going to end well. of the violence we have seen. Now, not legitimate central government or plu- That is the negotiation we are basi- all of it. Yes, al-Qaida has been in- ralistic society. You may have to have cally in today. volved in brutal incidents; and, yes, al- this federalism that has been talked The President of the United States Qaida is trying to stir things up; and, about for some period of time because has said to the Iraqi Government, we yes, al-Qaida was involved in the they may have to live apart before are going to have 130,000 troops there Samarra mosque and other things. We they can live together again in order to next summer. It is already there. What all understand that. But my colleagues prove you can get over these hurdles did they have to do? What do you have are dead wrong when they come to the and create some governments. to do if you are an Iraqi sitting there floor of the Senate and they tell us, or Even today, we had a meeting with playing your game, knowing you are tell America, that al-Qaida is the prin- the French Foreign Minister here, and going to be there, not us, forever, if cipal problem that keeps us doing what he mentioned how there is a growing you stay alive; knowing that you are we are doing in Iraq. It is not true. sense among some Iraqis that this may able to use the 130,000-troop promise of Al-Qaida will not survive in Iraq, in be the way in which you have to try to next year and you can just float along any kind of Iraq, if we are not there. build a resolution. Those are the kinds and avoid any kind of responsibility or The Sunni have made a decision. And, of things we should be talking about in decisionmaking and play your own po- incidentally, the Sunni didn’t make a the Senate. These are the kinds of litical power game for the future? If decision that was based on security. things we ought to be pursuing in di- you are already aligned with Iran, as The Sunni made a political decision to plomacy. And where is the diplomacy? many of those politicians are who are work with the United States, and then Where is the significant standing sum- Shia, in the majority, they have no the security came as a consequence of mit? I think 3 years ago, when I was motivation whatsoever to compromise. the political decision. The political de- running for President, I talked about You have to change the dynamics. cision came first, and the Sunni made the need to have a standing summit You have to change the play on the up their minds, and now they are, in- and a standing conference. Senator ground. You have to get them worried

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11844 CONGRESSIONAL RECORD — SENATE September 20, 2007 and get them thinking about legiti- there for the long run because we have other areas. By any measure, until you mate implications of what happens if this massive footprint with great big deal with the provincial elections, the we do something. Right now, when the bases and unbelievable amounts of constitutional issue, the federalism, United States starts talking militarily equipment. A whole bunch of people the oil, and debaathification, you can- about Iran, they are not particularly think we are not just there to help not begin, if you can at all, in the cur- scared because they know the situation Iraq, we are there for the long run, we rent atmosphere, to reconcile these dif- with our troops. They read the news- are there because we want to be there ferences. papers. They hear the debate in the for much larger purposes. General Petraeus can come back next Senate. They know how overstretched I think we have to do this differently. March and he can say, oh, we are mak- we are. I mean this is not complicated. The open-ended, seemingly endless ing progress, but if there is no political We don’t have the leverage that we commitment has clearly done nothing progress, then what are our colleagues ought to have to get them to do what to directly confront the problem. What going to say and do next March? Ask they ought to be doing—if they are we need to do, the responsibility that for another 6 months? Say we have se- willing to do it at all—and put it to the each of our colleagues has, is to look at cured this area a little more and that test to find out if they are willing to do these kinds of dynamics and examine area a little more, give us another lit- it at all because we are going to have them. If the Shia really believe what tle 6 months? 130,000 troops there no matter what they believe and the Sunni really be- I think as long as you give the Iraqi they do next summer. We have already lieve what they believe—and you can politicians as long as they want, they told them that. The same number of talk to them and read history and will take as long as they want. As long troops we had last year when America make judgments about it—then the as we say we are there for as long as it said staying the course was not good troops are not going to change what is takes, they will take as long as they enough; we want a better strategy, our necessary for them to try to make want. That is exactly what they are strategy is to go back to where we were some decisions. doing today. GEN Tony Zinni—for whom I have when the country almost disintegrated That is our policy. The policy of Gen- great respect, who is former CENTCOM a year ago with 130,000 troops. eral Petraeus is basically a policy for commander, he travels frequently over The other thing we know is that we staying, it is not a policy for winning, there and meets with an awful lot of are not going to put enough troops in absent the political reconciliation. No people—some time ago talked to me there to secure every single commu- one has shown how you get that polit- about an idea that has appealed to me nity. So when you push in Baghdad or ical reconciliation. If it was doable, very much over the last years, which is you push in Anbar, and then somebody why couldn’t it have been done in the the need to negotiate a new security goes over to Baqouba, or somebody last 7 months? Why couldn’t it have arrangement for the region itself; if we goes over to Diyala Province or one of been done in the last 4 years, when were to become involved in trying to the other provinces, they have infi- there was less violence 3 years ago, and engage these other countries in that nitely more capacity to move around. 4 years ago, than there is today? Why I learned that lesson a long time ago, arrangement, which can be leveraged couldn’t it have been done? Because back in the war of the 1960s, in Viet- by the notion that we are going to pull the political will is not there to do it. nam. We learned what it was like to go back, that we are going to shift respon- We have changed tactics, not strat- into these villages where you don’t sibility to the neighbors to begin to egy. Yes, we have some gains. I am not share the culture, the language, you bear some of the strategic long-term going to stand here and say there are don’t look like the people, the reli- requirements—with respect to Iran, for not some tactical gains or that our gion—any of it. You are carrying guns, instance; with respect to the protec- military hasn’t done a good job. They and they think you are occupying their tion of the Gulf States—Saudi inter- have done a tremendous job under the land. It is tough. It is tough on our ests, Jordanian interests, et cetera—re- toughest of circumstances and they folks. membering always that those countries What are they doing? They are going are Sunni. An awful lot of the money have made some gains in those commu- out and finding IEDs the hard way. I that is reaching the 20-percent Sunni nities. But it is not producing what you hear folks talking about these battles population who are resisting today is need to change the overall dynamic in and the enemy. The enemy? The enemy coming from those places. So our Iraq, if it is changeable in the current are IEDs. Obviously the people who friends and our allies are even part of context. plant them, but they don’t see them the problem right now because we are What I regret is all this talk will see very much. Most of the wounded are going it alone. us back here in March. They will not from IEDs. Most of the killed are from Our strategy, in my judgment, is that bring peace or long-term stability to IEDs. This is not a set piece battle while Americans fight and die to give Iraq absent diplomacy. If we come back such as we have seen in a lot of other Iraqis breathing room, Iraqi politicians here in March and we have resolved the wars we have fought. It is not even the refuse to resolve the political issues political differences, it will be because same kind of insurgency battle we have that matter the most. There is no they decided to resolve the political seen in a lot of other wars we have progress on the lynchpin issue of shar- differences—which they could do at fought. It is very different. ing oil revenues, no progress on the any other time or could have done any- I don’t think we have been as smart debaathification law—despite the fact where in the last few days. or as thoughtful and creative in the they tell us, on the oil law, they are So rather than ‘‘no surrender,’’ I kinds of strategies we need to change sharing some revenue. That doesn’t think the policy we have today is ‘‘no it—particularly when you hear the Iraq satisfy Sunnis, if there is no law. Gee, real way out.’’ There is no real way to Study Group and our own national in- you mean we are getting a few reve- resolve the differences. It is a wing and telligence entities all come together nues today at the grace of the folks a prayer. It is a hope. Even Ambas- saying the American footprint is part who want to give us the spoils or some- sador Crocker, for whom I have great of the problem. The large presence of thing? What happens when things start respect; I presided over his hearing for American forces is attracting jihadists, to get rough? Is it still going to be his nomination to be there; I admire attracting terrorists, creating the im- there? Is there a law? Is there a re- his career—he is a Middle East spe- pression of occupation. That is what quirement? Does anybody have to live cialist, an Arabist, he has been there, General Casey said and General up to anything? Will it be enforced? speaks the language, understands it. Abizaid. That is what the Iraq Study Who will enforce it? But in the conversations I have had Group has said. Everybody has said All of those issues are outstanding with him privately as well as what he that. until they resolve that kind of dif- said publicly, it is clear to me he can- What have we done about it? We have ference, so it doesn’t satisfy me, and not say, with any certainty at all, what increased the presence. We have in- certainly doesn’t satisfy them, for is around the corner, and he specifi- creased the footprint. We have lent someone to come and say they are cally said none of us can predict what even more credibility to the concept, sharing some of the revenue or they is going to happen in the current con- as General Jones said, that we are are putting some money into these text. That is what we put ourselves

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11845 into, absent the kind of diplomacy nec- people. Two years ago, he said we will If our security gains are to be anything essary to try to change those dynam- have 125,000, 200,000-something next more than short-lived, the single most im- ics. year. How long does it take to train portant event that could immediately and I think what we are seeing are the people? We have been training people favorably affect Iraq’s direction and security is political reconciliation. moves of the President, who has de- for 41⁄2 years. We certainly have been cided to wait out his time in office and training them for at least 2 years in a So General Jones is saying: If you want to have an impact on security, shift responsibility for this disaster to highly focused manner—21⁄2 or 3 years. the next President. He has as much as How long does it take to take our re- you have to have political reconcili- said that, that we are going to have cruits down to Parris Island or out to ation. He is not saying that the secu- troops there for a long time, and the the Great Lakes, from total civilian rity is going to be given to you by the next President is going to have to re- status to graduation? Three or four military; he is saying it is the political solve these differences. months. Then they go to a specialty reconciliation—nothing will have more I believe we have a bigger responsi- school and then, within a few months, significance with the security. bility than that in the Senate. I believe they are ready to go and serve on the Sustained progress within the Iraq secu- that very deeply. When I was a young frontlines. They always do it with rity forces depends on such a political agree- ment. serviceman and in a war, I remember great distinction. looking to Washington and wanting These folks have been training and That is precisely what we are trying those folks who were in positions of re- training and training. The problem is, to achieve. sponsibility to make the judgments it is not a lack of training, it is a lack Supporters of the escalation asked that affected my life on a day-to-day of motivation. It is a lack of commit- for more time to translate military basis. ment and will. It manifests itself in the success into political progress. But if I remember being bitterly dis- following way. If you are a Shia, can General Petraeus is correct, that sec- appointed in the debates that went on you safely go into a Sunni neighbor- tarian violence began decreasing in as people kept finding these same kinds hood and police? Can a Shia go tell a January. I do not have that chart here, of excuses, the same arguments were Sunni what to do? Will the Sunni listen but I absolutely know this because we made. I remember President Nixon ac- and feel safe? Ask anybody in the coun- asked him direct questions about that. tually stood up and said: I am not try about that equation. That is part of And he spoke to the fact. He acknowl- going to be the first President to lose a the problem, a lack of historical under- edged that the better part of the vio- war. standing, a lack of cultural under- lence reduction did, in fact, take place Our military has not lost this. Our standing, a remarkable kind of arro- prior to the American forces becoming military has won everything they en- gance that came out of corners in the part of it. It is partly because of the gaged in on a personal basis. Nobody Pentagon, led by Secretary Rumsfeld dislocation that had taken place as a doubts the power or strength of the and Richard Perle and Doug Feith and consequence of the militia and also the American military. No one would these other folks, all of whom talked political decisions that were made indi- doubt the power or strength of the about parades and flowers and the easy vidually in Anbar and elsewhere which American military if they announced welcome of our troops and welcomed as preceded the vast majority of those that, because the Iraqis are not making liberators and every decision was forces arriving. their decisions, we are not going to wrong, not to mention the arrogance of Now, Prime Minister Maliki has been stay here and keep dying for you, folks. turning their backs on the plans that in office since May of 2006. But the fact I don’t think that is losing. I think the State Department and Secretary is, the Iraqi Government, as we have that is actually a note of reality. It is Powell drew up for how you deal with discussed, has simply been absent from the Iraqis who are losing. It is the Iraqi postwar Iraq. any kind of adequate responsibility to politicians, led by Mr. Maliki, if they We are paying for that now. I think meet what they themselves said they are led at all, who are unwilling to those who argue somehow these would do. make the decisions. They are the ones buzzwords of retreat and surrender—it Now, why a deadline? I guess it is losing this opportunity for democracy. is almost pathetic, to be honest with kind of like anybody doing their home- They are the ones losing the oppor- you. Because it is so divorced from the work—we operate under deadlines here. tunity for peace. They are the ones reality of what is being talked about, Does anybody here believe we get the turning their backs on the opportunity about how you strengthen America and budget done without a deadline that we for reconciliation—not us. It is not for strengthen our position and support usually have? We usually have drop- us to reconcile. No brave troop in Iraq the troops. The troops deserve a policy dead times. In fact, we even move the has the ability to create that reconcili- that is equal to the sacrifice they are clocks. We have a continuing resolu- ation. You are not going to create that being asked to make. tion that is short-lived, and then we reconciliation at the end of a gun bar- Let me go through a couple of prin- come back and we live under a certain rel. It doesn’t happen. It never has. cipal arguments and then I will yield sense of, you know, a responsibility I think it was the Roman historian the floor. First of all, those who want factor there and all kinds of deadlines. Tacitus who, with respect to Carthage, more of the same failed policy, this The fact is, deadlines have worked in said: ‘‘They made a desert and called it surrender talk, it seems to me—I think Iraq already. There was a deadline to peace.’’ I mostly covered that. I think I pretty have the transfer from the Provisional That is what you can do with guns much discussed the idea, but I want to Authority from Paul Bremer. In fact, and with military might. But those emphasize something. Leaving the Iraqis and a lot of other people said: Do who have always thought the power of President the discretion to fight al- not do this to us; we are not ready. But ideas and the pen is more powerful Qaida, to finish the training and stand- the Government, our Government, to than the sword right now believe we ing up of Iraqis, to protect American its credit, we insisted and said: No, this have a better ability here to be able to facilities and forces and to do so over is what is going to happen. And it hap- find a way through this. the course of a year—to set a target pened. Now, the decisions they made I think we ought to be refocusing on date for the achievement of that goal a afterward were awful. But the transfer what we are doing. It is not precipi- year from now is anything but precipi- took place; likewise, the elections; tous. It is not a withdrawal sufficient tous. likewise, the Constitution. Each of to please a certain number of people. It They cannot achieve these funda- them was accomplished with a dead- is the beginning of the change of the mental benchmarks of what they need- line. footprint. It is a clear statement that ed to do to show they are reconciling in In fact, the President himself has al- we are drawing down and you have to that year; they are not going to do it ready set a deadline, in some ways, be- assume a certain responsibility. while we are there. cause he is saying: We are going to There is a complete contradiction, Secondly, it seems to me you have to have X number of forces out by such incidentally, in the arguments made by remember what General Jones himself and such a time—30,000. That is a dead- the other side. I remember visiting said. I want to quote from his report. line. He has told us when—by next General Petraeus when he was training He said: spring. General Petraeus has set a

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11846 CONGRESSIONAL RECORD — SENATE September 20, 2007 deadline that he is going to come back That is craven, that so many lives were America at greatest risk. This is not a by next March and he is going to say lost, 25,000 or so, more than half, in policy which advances America’s larger something to us. So this idea that that period of time to pursue a policy strategic interests in the region or deadlines don’t work or it is a losing that people knew was ultimately what elsewhere in the world. That is a bad equation, I just do not agree with that. could have been achieved even earlier. foreign policy when that is what is I think, like any human reaction, when So when people talk about the dire happening. A policy that makes you a big country like the United States of consequences, we all understand Iran is weaker, not stronger, is not a policy I America gets serious in putting some a threat. Well, let’s go back to what I would want to take out to the country. deadlines there, people can begin to re- said earlier: Iran is more of a threat That is exactly what they are pre- spond and you change the dynamics today because we are less capable of senting us with. Americans are dying that people are dealing with. confronting them and because we have at greater levels now than in 2003, 2004, What is more, some people may not not engaged in that kind of robust di- 2005, and 2006, for a policy they have al- like to hear this, but clearly and obvi- plomacy that the French, the Germans, ready told us is going to end next sum- ously an administration would have and the British engaged in for almost 3 mer. And the Iraqi politicians know it the ability to come back in 4 months successive years without us at all, be- is going to end next summer. That is a and say: Look at all of the progress we cause we had a policy of not talking to deadline. So, evidently, it is okay for have just made because we set the anybody; just do as I say. The result is, them to plot and plan for the end of the deadline, and we are making so much you know, they throw out these con- surge, but they are not going to be progress, but we can’t get over the sequences, so we wind up staying there changed in their planning for the end hump by the end of this period. Will because we have been there. of American involvement. I do not get you not give us a little longer? There is I have heard people say: Well, you that. That is a complete contradiction. no one here, if that is a true measure of know, we obviously need to honor the Fourth. The President’s allies warn what is happening, who is not going to lives of those we have lost. Yes, we do. that Iraq could become a failed state. respond responsibly. I believe that is what we are trying to Well, guess what. According to Foreign So, again, this is a phony debate do. I think you honor the lives of those Policy Magazine, Iraq is becoming a about the impact of a deadline, what it who have been lost there and those who failed state under the current strategy. means. have given their lives by making cer- In fact, it ranks second in the entire We can get together in a room, sen- tain that we are not wasteful going for- world on the Failed State Index behind sible people, and come up with a way to ward, that we are reasonable, that we only the Sudan as the state most at do this. But it has been made into a are not stupid going forward, that we risk for failure. That will only change challenge to the President’s authority, do what is correct. But you do not lose when the Iraqi Government steps up, it has been made into a big political lives to honor the lives you have lost. not our troops. Our troops cannot run That does not honor them. And losing football where Republicans feel they the Government, and most of the Iraqis more lives and the fact that we have have to go out and defend the Presi- have said they do not want us there. lost lives is not an excuse for con- dent, and somehow everyone else Incidentally, the new polls coming out thinks everybody else is after him, tinuing the same policy. Now they argue it is not the same of Iraq show that 50-plus—58 percent of when what we are really after is a sen- policy; we have a new general, we have the Sunnis think it is okay to go kill sible policy in Iraq in the face of 41⁄2 a new strategy. But it is not a strat- and hurt Americans. Seventy percent years of having not been given it time egy; it is a tactic that has no relation- of the Iraqis think America should be after time, even under the withering ship to the real strategy that has to be gone. criticisms of some Senators from the Our friends warn of a humanitarian political and diplomatic and much other side, such as Senator HAGEL, catastrophe. But as the New York more creative and much more global in Senator MCCAIN, and others, who have this case. Times reported earlier this month, called the shots as they saw them over So we have lost sight of what is at many mixed neighborhoods in Baghdad a number of years. stake here. I believe we are paralyzed and surrounding provinces in Iraq have Third. Supporters of the escalation in a sense because of it. You cannot already been ethnically cleansed. Two point to the consequences of failure in leave because of this. Oh, gosh, Iran is million people are internally displaced, Iraq. Well, I can remember how people going to do this. In fact, the Senator 2 million people have left the country used the sort of cataclysmic, dire end from Alabama talked a little while ago as refugees. Baghdad, as I said earlier, result as a legitimization of carrying about how Iran will become involved in which had a population when we went on something that was going into ob- Iraq. Iran is involved in Iraq. Iran has there of 65 percent Sunni, now is a 75- livion. It was called Vietnam. We had thousands of agents in Iraq. It has peo- percent Shiia majority city. the Domino Theory, we had the Blood- ple training people in Iraq. The Shiia What we are supposedly staying in bath, we had all kinds of arguments in the south are aligned, particularly Iraq trying to prevent is happening thrown out there about what it would in the Basra area. But the British, nev- right under our very noses, and General be like if the United States ultimately ertheless, have redeployed to the air- Petraeus and Ambassador Crocker told withdrew. port, and they have left those factions us that in their testimony. Ambassador Ultimately, we withdrew. Ulti- to kind of duke it out against each Crocker specifically referenced the mately, Henry Kissinger and Richard other without any serious enough con- movement of personnel and the ethnic Nixon negotiated a withdrawal, and sequence that we are rushing in to fill cleansing and did not say that our they negotiated a withdrawal with the breach. If it is okay for them, why troops or the surge is capable of stop- something that was then called the is it not for us? If it is not okay for ping it. So we are witnessing right now ‘‘decent interval’’; 1973 we left, and in them, why did we let them do it, and a very high level of sectarian violence. 1975 the place fell because the Govern- why are we not responding? Over 1,000 civilians are dying a month. ment itself was so corrupt and so inept These contradictions just sort of leap Across Iraq, the level of violence is and so incapable they were not able to out at you. And the fact is that Iran higher than it was in 2004 and 2005. The withstand what came at them. They and al-Qaida are thrilled that we are Washington Post reported on Monday did not have legitimacy, but they were bogged down in Iraq. Every day that we that about 2 million Iraqis are dis- given the opportunity to have it. What are bogged down in Iraq, we are pre- placed in Iraq and 2.2 million to the ultimately happened is precisely what senting al-Qaida with targets. We are neighboring countries. Apparently, could have been avoided 4 or 5 years presenting al-Qaida with the image of 60,000 Iraqis are evacuating their later. Half the names that are on that American forces occupying a country, homes every month. And what I have Vietnam wall down the street were put and they can run around and enlist been told in the visits when I have been on that wall from a time period after more jihadists. They have been doing there, people have described to me the which our top leaders in the Defense it. You can just talk to anybody in the exodus of the middle class. You do not Department and elsewhere knew the intelligence community about it. have the middle class there now to try policy wasn’t going to work, and they This is a policy which makes Amer- to help do some of the reconciliation have since even written exactly that. ica weaker. This is a policy which puts and building that is necessary.

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11847 I have also heard many people point The reality is, we all intend to defeat countries that are currently sitting on to the legacy of Vietnam. But I hear al-Qaida. Al-Qaida will be defeated. I the sidelines and standing apart from the wrong conclusions being drawn am absolutely confident of that. I don’t us because they disagree with our pol- about that legacy—somehow a pre- think a nihilistic, cynical, completely icy and the way we are implementing sumption that given the great power ideologically, and morally barren ef- it. conflict that we were caught in, people fort such as al-Qaida’s has a chance in I hope our colleagues will take ad- seem to forget that one of the reasons the long haul. What it can do is confuse vantage of this opportunity, and I hope we did not invade the north was not people and attract converts in the ab- we will cease to have a debate on buzz that we did not have the military abil- sence of a legitimate counter moral words and slogans but instead a debate ity or other things; it was because force, and that moral force can come on facts and do justice to the troops China and Russia and the Cold War was from moderate Islam, and needs to, and who, as I said, deserve a policy that is raging at the time, and those countries it can come from the rest of the world. equal to what they are doing on our be- were aligned with Vietnam, North I have heard this all through every half every single day. We salute them. Vietnam then, and many people saw a visit I have made in every part of the Mr. KERRY. Mr. President, today we bigger, wider, more complicated, and region. I serve now as chairman of the saw the floor of the Senate hijacked for dangerous conflict as a consequence. Near East-South Asia Subcommittee. I purely partisan political purposes at a So it was not our withdrawal from make a point of trying to understand time when we need the U.S. Senate to Vietnam. People need to remember what is going on. The fact is, Abu instead come together for the purpose this. Ghraib and Guantanamo and the cur- of protecting our national security and You know, we did a period of Viet- rent torture practices that we know changing a policy in Iraq that is not namization, we did a period of transi- are being engaged in, and the world working. tion, we negotiated the process, we left knows, and the new 4,500 Web sites of What happened in the Senate today in 1973. It was not our withdrawal that various jihadist groups exploit those is partisan, political and demeaning of caused the instability in the region; it things. That is the war on ideas the this institution. The Republican mi- was the underlying cause of the vio- President appropriately talked about, nority is desperate to distract the Sen- lence that had gone on for 10 years pre- that supposedly Karen Hughes was ap- ate and our country from the real issue ceding it. It was the American bombing pointed to lead a great effort on. No- at hand, which is a failed escalation and an administration policy in Iraq in Cambodia that many people remem- body has seen her or knows what is that is every day costing American ber that created the instability of that happening with respect to that most blood and treasure. The same Senators country and China which created prob- significant effort. lems with the Khmer Rouge and the I don’t think this escalation or this who have gone along with the Presi- ethnic Chinese that created many of current policy is protecting our home- dent’s Iraq policy every step of the the original boat people, the original land. I believe where there was pre- way, who have expressed not a shred of exodus. It was a civil war, a civil war viously no threat from al-Qaida in a outrage about nonexistent weapons of mass destruction, predictions of a that our military could not end. Many place called Iraq, there is now a threat, ‘‘cakewalk,’’ ‘‘mission accomplished,’’ of the conditions that came about were though not the level of threat or the or ‘‘an insurgency, its last throes’’ will the result of being there and what hap- kind of threat that is often described. now say and do anything to avoid talk- pened in that dislocation. The real threat remains centered in Af- Our troops cannot end the Iraqi civil ing about what is really happening in ghanistan and Pakistan and many war. Only, again, a political accommo- Iraq. They would rather express out- other places, including Europe. It is dation can achieve it, and that can rage about a newspaper ad run by an growing in Europe. Unless we deal with only come through adequate diplomacy independent entity, than express out- these larger implications, that chal- and effort. We ought to be working rage about a policy pursued by their lenge is going to become more signifi- over time on that. party and their administration. And The final thing I will point out is, cant as a consequence of this policy. certainly they don’t want to address This is an opportunity for us to try supporters of the Bush escalation say the outrage of more Americans dying to do what I know is very difficult, be- we cannot abandon the central fight in for a policy we know is not working. the global war on terror. I have pointed cause I understand the pressures that The Senate did not need to spend out again and again, as we all do, it is are put on colleagues, many of whom hours today on this debate. Nine days OK to have a good debate about issues. have come to the floor and spoken elo- ago, the first time I was asked about But somehow the world’s greatest de- quently in opposition to the war and in the ad which the Senator from Texas liberative body ought to find a way to opposition to the strategy. But they loves to talk about, I said it was ‘‘over accept what is fact and accept what is somehow won’t translate those words the top’’ and ‘‘inappropriate, period.’’ I fiction and kind of put the fiction aside into a vote. They won’t go that extra said that, as a veteran, I thought it was and deal with the facts, instead of com- step of actually confronting the Presi- wrong to characterize any member of ing back speech after speech repeating dent and changing the policy. What the military in the way General the same fiction, which is what hap- General Petraeus has obviously suc- Petraeus was characterized in that ad- pens. The fact is, we have never sug- ceeded in doing—and we understand vertisement. I have nothing but respect gested pulling any punch or reducing it—is giving people a reason to say: for General Petraeus. I wasn’t alone in the effort to go after al-Qaida. We give Give us 6 more months. He is obviously that feeling. Senator REID spoke out. the President complete and total dis- going to get that 6 more months, be- Senator BIDEN spoke out. There was no cretion in this legislation to do what cause the President has the power to question about where Democrats stood. the President needs to do in order to veto and the power to move his policy And we ratified that opinion in a broad prosecute the war on terror against al- in these next days. But I hope my col- condemnation of that behavior—in- Qaida. So to keep reasserting al-Qaida leagues will think about how history is cluding the Petraeus ad—in the Boxer in a way that suggests that Democrats going to measure what we do here and amendment. somehow are forgetting about that is how their own responsibilities measure But I also asked that we all recognize not accurate. up to what this moment is about. I that the emotion behind that ad is an In fact, we have been the ones who think the facts speak loudly and clear- emotion shared by the American peo- consistently point out that al-Qaida is ly for the imperative to have a policy ple: frustration—frustration as we head reconstituted globally, that al-Qaida’s that moves in a better direction to pro- into the 5th year of being told one principal leaders are in Pakistan and tect our Nation. That is the bottom thing about Iraq and finding out an- Afghanistan, that it is from Pakistan line. That is what is at stake, our na- other. That is why we should be having and Afghanistan they have plotted and tional security and our ability to pro- a real debate and a real discussion conducted the attacks they have con- tect future generations and stand up about the policy in Iraq rather than ducted in recent months and plotted and lead the world in a more effective trying to score partisan points over the the attack against our airlines most way in order to eliminate al-Qaida and, politics of Iraq. It is as insulting as it recently, and that they communicate in fact, open up a whole set of new pos- is illuminating that in a week-long de- to the world network, not Iraq. sibilities with Islam and a host of bate in which each side can offer just

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11848 CONGRESSIONAL RECORD — SENATE September 20, 2007 five amendments, the Republicans MORNING BUSINESS real difference in the lives of working would waste one of their chances to Mr. KERRY. Mr. President, I ask families with low-income children change a broken policy by choosing in- unanimous consent that the Senate across this country. It is helping to en- stead to embrace a political stunt. now proceed to a period of morning sure these children grow up to be We are where we are. I vehemently business. healthy adults. Surely, we can get this oppose the kind of political abuse of The PRESIDING OFFICER. Without done on a bipartisan basis before the the Senate embodied in the Cornyn objection, it is so ordered. program is scheduled to expire on Sep- amendment, and I am saddened if not tember 30. surprised to see that so many of the f I urge the President of the United Republicans who believe that what CHILDREN’S HEALTH INSURANCE States to reconsider his threat to veto this vital program, this highly success- happened to General Petraeus was Ms. COLLINS. Mr. President, earlier wrong, could not bring themselves to ful program that has a proven track today, the President announced his in- record of reducing the number of chil- vote for the Boxer amendment which tention to veto the extension of the made clear that the assault on Senator dren who lack health insurance. If the Children’s Health Insurance Program President does proceed to veto the bill, Cleland’s patriotism in 2002 was wrong, bill. I believe such a veto would be a and that the lies broadcast about my I will vote to override his veto. Surely, terrible mistake. this bill has a track record that has own military record in 2004 were also One of the very first bills I cospon- wrong. The votes against the Boxer made a real difference to low-income sored when I first came to the Senate children in working families. We sim- amendment—an amendment which was legislation to create the State makes clear our disagreement with the ply cannot allow this program to ex- Children’s Health Insurance Program, pire. The extension and expansion we ad which ran September 10—speak vol- or SCHIP as it has become known. It umes about the partisan motivations are proposing will enable us to more provides health care coverage for chil- fully cover these children. behind the Cornyn amendment, and the dren in families where the parents do fact that, apparently, many of our col- not have sufficient income to purchase f leagues believe that attacking the in- health insurance and are not getting TRIBUTE TO LIEUTENANT tegrity of veterans and members of the health insurance in the workplace, and COLONEL GEORGE SHERMAN military is fair game as long as they yet they make a bit too much money are Democrats. I would remind them Mr. REID. Mr. President, on Wednes- to qualify for coverage under the day, September 5, 2007, the State of Ne- that when you sign up for military State’s Medicaid program. So these duty, no one asks whether you are a vada and our Nation lost a true hero: low-income children in working fami- Retired U.S. Army Air Corp LTC Democrat or Republican, liberal, or lies have been falling through the conservative. George Sherman., who served our Na- cracks. That is why this law has been tion during World War II as a member Over the last years, I have defended so important. of the famed Tuskegee Airmen. veterans who have been under assault I remember it well that Senator Like so many African-American sol- from any quarters, left or right. I HATCH, Senator KENNEDY, and Senator diers during that time, Colonel Sher- spoke out in 2000 when JOHN MCCAIN’s ROCKEFELLER all came up to me to en- man answered the call to fight for free- integrity and military record was ques- list my support. I was very eager to dom and justice abroad, even when it tioned by the Bush campaign in South sign on as one of the original cospon- was categorically denied at home. Carolina. I spoke out when Max sors of this law because I knew it could These men traveled and fought thou- Cleland’s patriotism was savaged by make such a positive difference. In- sands of miles from their families— people who had never worn the uni- deed, it has. when every day, their mothers, fathers, form. I defended Jack Murtha when vi- Since 1997, the SCHIP program has sisters and brothers faced injustice at cious partisans on the right called that contributed to a one-third decline in home. decorated marine a ‘‘coward.’’ I spoke the rate of uninsured low-income chil- While our Nation can never fully out when the Bush administration dren. Today, an estimated 6.6 million repay the debt to our veterans, in questioned the patriotism of career children, including more than 14,500 March of this year Congress officially military men and Generals throughout children living in Maine, receive health thanked Colonel Sherman and his fel- the war in Iraq, whether it was General care coverage through this program. low Tuskegee Airmen for their service Shinseki, or many in uniform who Still, there is more we could do. to our Nation. Colonel Sherman joined spoke out against Secretary Rumsfeld. While Maine ranks among the top nearly 300 other Tuskegee Airmen in I don’t reserve my defense of patriot- four States in reducing the number of the Capitol Rotunda as thousands ism for Democrats, I defend all who uninsured children, we still have more watched President Bush and leaders have worn the uniform, whether they than 20,000 children in our State who from the House and Senate award them agree with me or not. I wish I could say lack coverage. Nationally, about 9 mil- the Congressional Gold Medal. the same for those who brought for- lion children remain uninsured. That is Colonel Sherman and the Tuskagee ward the Cornyn amendment and voted why I was so pleased to hear the con- Airmen were in prestigious company in against the Boxer amendment. ferees appeared to be very near to an receiving the highest honor our Nation This was not a proud day in the Sen- agreement that is modeled on the legis- can bestow upon private citizens. Other ate, or a high mark in our politics; lation that passed the Senate in Au- honorees include individuals such rather, it was hours lost and time wast- gust with strong bipartisan support, in President Harry Truman, Jackie Rob- ed when the Senate should have deliv- fact, by a vote of 68 to 31. inson, Reverend Billy Graham, Rosa ered what all the men and women of Our Senate bill increases funding for Parks, and Dr. Martin Luther King, Jr. the armed forces truly deserve: a policy the SCHIP program by $35 million over I was pleased to have the opportunity equal to their sacrifice. the next 5 years, a level that is suffi- to watch Colonel Sherman and his fel- Mr. FEINGOLD. Mr. President, I op- cient to maintain coverage for all 6.6 low Tuskegee Airmen proudly take posed the amendments offered by Sen- million children currently enrolled, their place among all American heroes. ators CORNYN and BOXER because they and it would also allow the program to Yet in addition to their accomplish- were a diversion from the real issue be- expand to cover an additional 3.3 mil- ments as Tuskegee Airmen, Colonel fore us; namely, the future of our mili- lion low-income children. In Maine, Sherman and many others continued to tary involvement in Iraq. I disagreed this legislation would allow us to cover serve their country and local commu- with the language used in all of the ads an additional 11,000 low-income chil- nities. addressed in these amendments, but we dren who are currently eligible for the Colonel Sherman had a long record of should not let those ads sidetrack the SCHIP program but not enrolled. service to Nevada. After 22 years of real work of the Senate. I hope the I urge the administration to take a military service, he made his home in Senate will not get in the habit of con- second look at the Senate bill, the bill Las Vegas. Colonel Sherman was a tire- demning political speech, even speech that is the basis for the conference less supporter of the Boy Scouts of that is offensive. agreement. This legislation has made a America, where he earned the highest

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11849 honor of the Silver Beaver Award. He There was no guarantee that the journey her future husband, James S. C. Chao, long was active in the Kappa Alpha Psi Fra- would end well. But in the years to come, before others, and pledged her love and her ternity, which supports achievement in Ruth Chao would quietly do all she could to life to him unconditionally. Her American every field of human endeavor. Colonel ensure that her family lived up to the prom- name, Ruth, which was given to her by a ise of America. missionary, is very appropriate because—as Sherman also served on the board of di- The cultural divide was as wide as the the Biblical Ruth promised in Chapter 1:16— rectors of the Nevada Black Chamber ocean that brought them here. One early ‘‘whither thou goest, I will go.’’ of Commerce. And he continued to in- shock came at the end of October, when a For my father’s part, her graceful bearing, spire young people to pursue opportu- group of children showed up at the front door dignity, cultured upbringing and beauty en- nities in aviation though numerous with masks on their faces. The neighbors sured that his heart was hers forever. As speaking engagements across southern knew it was Halloween. The Chao family Proverbs 31:10–12 say, ‘‘When one finds a wor- Nevada. thought they were being robbed. Most of the thy wife, her value is far beyond pearls. Her husband, entrusting his heart to her, has an Again, Mr. President, we have lost a cultural difficulties were harder to bear. But they made it through. They had their an- unfailing prize. She brings him good . . . all true hero. Our thoughts are with his chor. It was Ruth. the days of her life.’’ family and loved ones. In time, the family would learn the lan- Mother’s virtuous character was the foun- f guage and the culture. The daughters would dation of our family and all that we have go on to the best universities in the country, been able to achieve. Her loving, steady lead- TRIBUTES TO RUTH MULAN CHU and anyone who visited the house in Har- ership at home alleviated all of Father’s wor- CHAO rison would learn the wisdom of the Chinese ries and enabled him to travel far and wide Mr. MCCONNELL. Mr. President, I Proverb which says that ‘‘Those who plant to seek opportunities to better life for the rise today to remember a woman whose melons grow melons; those who plant beans family. Mother was seven months pregnant with my sister, May, when Father left to go life, to a remarkable degree, traced the produce beans.’’ Ruth’s devotion to her hus- band and her daughters was complete and to America. During their three long years of very arc of the American dream. Ruth total. And it showed. separation, they were faithful to one an- Mulan Chu Chao returned home to the She was never more herself than when she other, to God and to every promise that they Lord on August 2, 2007, and today is the fell ill. She said that if someone in the fam- made. Seventh Seventh Day of her departure, ily had to be sick, better that it be her. She Three years later, Mother risked every- an important day in Chinese tradition. had fewer responsibilities than the others, thing, leaving her family and all that was fa- The story of her struggle to bring she said. It was an astonishing thing to hear. miliar behind to join him, taking another But it didn’t surprise anyone who knew her. great leap of faith. Moving to America may hope and opportunity to a family that seem more commonplace now, but back then had verged on losing both is an inspira- From the shadow of the Purple Mountain of Nanjing, to the bitterness of exile, to the un- it was a courageous and bold step, especially tion to all who knew her. On August 11, certainty of a new life in a strange place, to because America was not nearly as eth- 2007, I had the honor of retelling my the heartbreak of a long illness, she put her- nically diverse as it is today. Mother was a mother-in-law’s life story at a private self last so that others might be first. pioneer who led the way for those who came celebration of life and thanksgiving The Scriptures that she loved tell us that afterwards, and their contributions helped service in New York City that was at- ‘‘Unless a grain of wheat falls into the earth our country grow in the diversity and tended by her many family, friends, ad- and dies it remains itself alone; but if it dies, strength that makes it the envy of the world it bears much fruit.’’ Ruth Chao made this today. mirers, and acquaintances. Resettled in America, Mother paved the It is my hope that by preserving my promise her own. She left this life as she lived it, giving of herself, even at the end, for way for her daughters’ successes by nur- tribute, along with that of my wife, others. And all of us are grateful for the har- turing us physically and imbuing us with Secretary of Labor Elaine L. Chao, vest that she reaped. thinking and attitudes that were, again, ahead of their time. Mother always believed that the memory of this remarkable TRIBUTE BY SECRETARY CHAO that women could be just as valued and ac- woman will live on not only for the My father, Dr. James S. C. Chao; sisters: benefit of those who knew her but for complished as men. She also believed that Jeanette, May, Christine, Grace, Angela; the the most important adornments for a woman all who cherish the promise of Amer- rest of our family, and I want to thank you were virtue, intellect and achievement. In ica. May its placement in the CONGRES- so much—especially those who have traveled fact, at the age of 51, she went back to school SIONAL RECORD serve as a lasting trib- so far—for coming and helping us celebrate to St. John’s University to earn a master’s ute to the millions of men and women the life and legacy of our beloved mother, degree in Asian literature and history. She who, like Ruth Mulan Chu Chao, strug- Ruth Mulan Chu Chao. taught us to lead virtuous lives by her own gled to see that promise fulfilled. My mother is a modest and humble person example of being virtuous in everything she who never wanted to trouble anyone. We did did and said. She is our model of dignity, Ruth’s story is the story of America. It not notify many people formally but the vol- deserves to be heard. propriety and purity of heart. ume of condolence wishes have been so spon- Mother gave expression to her strong faith I ask unanimous consent that my taneous, heartfelt, and overwhelming. We and love not only through the example she tribute and that of Secretary Elaine are very touched. set for us, but in giving herself whole- Chao be printed in the RECORD. Mother went home to the Lord a week ago heartedly to her church and to her commu- There being no objection, the mate- last Thursday, after a heroic seven-year bat- nity. She touched the lives of many outside rial was ordered to be printed in the tle with lymphoma. In fact, her initial diag- our family through her volunteer work in nosis came on the same day that the Presi- RECORD, as follows: the church and in the community, often done dent announced my nomination as the Sec- quietly and without fanfare. TRIBUTE BY SENATOR MCCONNELL retary of Labor. Our mother confronted this Mother’s life spanned two worlds—Asia and Sophocles said that ‘‘One must wait until struggle as she did every challenge in her America—and she played a role in building the evening to see how splendid the day has life—with courage, selfless concern for oth- bridges of understanding between them. She been.’’ And we could say the same thing ers, and a serenity that came from the belief never forgot where she came from, estab- about the modest woman we mourn today. that God had a purpose for her in life. lishing several charitable foundations with Ruth Chao put the lives of others ahead of She and my father are part of a generation Father that are helping young people in Asia her own for as long as anyone could remem- that experienced much suffering, but and America access higher education and op- ber. And, in the end, we all knew that this achieved great things. Mother and Father, portunity. She has planted thousands of was the secret of her truly remarkable life. like so many Chinese in the 20th century, en- seeds throughout her life that will blossom As a young girl, she was torn from the dured the terror of foreign invasions, the over time and produce many improvements beauty of her native home by an invading chaos of domestic turmoil, and the heart- in our world in the future. army, then secretly returned at great risk to break of dislocations in their native land. As Mother faced the final challenge of her herself to retrieve the family’s belongings. Despite all the terrible things they saw, they life, she never complained even though the As a young wife and mother, she was sepa- refused to be defeated by them and remained ravages of the illness ensured that she was rated from her husband for three years, but positive and optimistic their entire life. never without pain. Her only thoughts and consoled him with letters of encouragement, Mother’s courage in the face of great suf- words were always expressions of concern for optimism, and hope. And as a loving mother fering was the product of a strong faith, others. When I would accompany her in the of six daughters, she would diligently devote rooted in a deep love for the Lord, her hus- hospital, she would look quizzically at me the rest of her years to them. band and her family. It gave her the strength and ask, ‘‘Shouldn’t you be at work? The She had been at sea for more than a month to be a pioneer for women of her generation, people and the country are depending on in the summer of 1961 when she leaned over and to leave a legacy that extends far beyond you.’’ the rail toward the giant woman in New her immediate family. During her illness, my parents switched York harbor, and prayed that her family Mother was ahead of her time even as a roles. Mother had taken care of Father would be safe in this new and foreign place. young woman, when she saw the promise of throughout her life. Now, he took care of

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11850 CONGRESSIONAL RECORD — SENATE September 20, 2007 her, ferociously and protectively monitoring critical to recognize the contributions put this into perspective, I note that every detail of her care at every stage. So that Sylvia Mendez and her family Louise has done this under 10 U.S. much so that one of the doctors joked that have made to the advancement of civil Presidents, and had provided care to my father was practicing medicine without a rights. The Mendez family’s struggle veterans for over three decades before license. Throughout this difficult time, the devotion of my parents to one another was for equality is a reminder to me that the first Secretary of Veterans’ Affairs like a shining beacon, drawing everyone to we must continue to fight for equal and was appointed to the President’s Cabi- them with its intensity and warmth. quality education for all our children. net. When she began, she and her col- Nearly half a century ago, Father came to Sadly, many young Hispanic students leagues cared for wounded warriors America to prepare a place for his young today attend schools that are lacking who were born in the 19th century, and wife and their children. Now, Mother has in resources, equipment, and highly today she is part of the health adminis- gone to prepare a place for him and for us— qualified teachers. Nationally, Latinos tration caring for those wounded in the an everlasting home with the Lord that will are four times more likely to drop out conflicts of the 21st century. never end and where every tear will be wiped away. We are consoled by the knowledge of high school than their White coun- Louise has served countless numbers that we will see Mother again with her usual terparts and only 1 in 10 Latinos has of veterans, and I cannot put into smile, healthy and strong. obtained a 4-year college degree. Re- words the immeasurable impact she Until then, Mother is with us every day in forms to our education system are has made. What I can do, however un- our hearts and in our lives as an enduring in- clearly needed to address these dispari- derstated it may be, is give her my spiration, spurring us forward to contribute ties and continue the legacy of Sylvia heartfelt thanks. Louise has earned it. to society and make a difference in this Menendez. In that spirit I say to Louise Seikel, world. Education is a critical pathway to re- on behalf of every life you have f alizing the American dream. It is what touched and the grateful Nation you HISPANIC HERITAGE MONTH allows every child to transcend the continue to serve, mahalo nui loa. barriers of race, class, background, or Thank you so very much for your pub- Mr. MENENDEZ. Mr. President, I disability to achieve their potential to lic service.∑ rise today to engage in a colloquy with be what they choose in life. A wise his- f my friend the distinguished Senator torian once said that, ‘‘Education is IN RECOGNITION OF JANET from Colorado, Mr. KEN SALAZAR, who the means by which we exult our suc- TURCOTTE I have the pleasure of serving with as cesses and remedy our failures and the cochair of the Senate Democratic His- process by which we transmit our civ- ∑ Mr. CARDIN. Mr. President, I wish to panic Task Force. ilization from one generation to the recognize one of my constituents, As we celebrate Hispanic Heritage next.’’ Janet Turcotte of Bowie, Maryland. I Month, I would like to spend a moment We take this moment to recommit was fortunate to meet Janet in March talking about the landmark 1947 dis- ourselves to uphold the legacy of Syl- of this year when she visited my Wash- crimination case Mendez v. West- via Mendez and her brothers. This is ington office. She came as part of C3, minster, which established the legal what Hispanic Heritage Month is all the Colorectal Cancer Coalition, a precedent on which Brown v. Board of about. group whose mission is to eliminate Education was based. It is an ex- Mr. MENENDEZ. I thank Senator suffering and death due to colorectal tremely important piece of our civil KEN SALAZAR for the work he does on cancer. rights history, but sadly, it is often the Senate Democratic Hispanic Task Janet is a talented embroiderer, and overlooked. Senator SALAZAR and I Force on behalf of Latinos. My col- for more than 20 years she has been would like to remedy that. league understands, like I do, that we decorating saddlecloths for the Let me illustrate the importance of must not only celebrate the accom- thoroughbreds at Maryland’s Pimlico this case. I want you to picture two plishments of Latinos but turn to the Race Course. For the past 2 years, she students, both equally bright, eager to future in to ensure that Latinos are has added the colorectal cancer ‘‘Blue learn, and full of possibility. One stu- protected by our laws and able to Star of Hope’’ to the saddlecloths of dent sits in a beautiful new school achieve the American dream. Sylvia the contenders for the Preakness building surrounded by the best books, Mendez, who has become a premier Stakes at Pimlico. Recognizing that a good heating system, and a clean caf- civil rights advocate and leader as a re- the Preakness has more than 17 million eteria. The other sits in a dilapidated sult of this case, is a clear example of television viewers each year, Janet old shed with torn and tattered books what it means to achieve that dream. aims to use this symbol to encourage that are far too old. The heat doesn’t early screening for colorectal cancer, f work because there’s no furnace, and and to save lives. Janet graciously the cafeteria doesn’t exist. As you all ADDITIONAL STATEMENTS brought me one of those ‘‘Blue Star’’ know, this was what occurred in towns saddlecloths, which is now displayed in throughout our country for far too long my personal office. before Brown v. Board of Education HONORING LOUISE SEIKEL Janet Turcotte is far more than an ruled that separate was inherently un- ∑ Mr. AKAKA. Mr. President, the Com- advocate for colorectal health. She is equal. mittee on Veterans’ Affairs, which I also a patient. First diagnosed with Sylvia Mendez, a victim of separate am honored to chair, oversees the De- stage IV colorectal cancer 4 years ago, but equal before Brown v. Board of partment of Veterans Affairs, the sec- she is currently battling her third re- Education, was only 8 years old when ond largest Cabinet level department currence of the disease. Last week, she and her brothers were prohibited in the United States. A person who Janet’s doctors told her that she does from attending a Whites-only school in works for Veterans Affairs is joined by not have much time left. Westminster, CA, in Orange County. roughly 245,000 fellow employees, each Janet’s message to Congress and to Her father, along with five other Mexi- of whom plays a role in fulfilling our all Americans is an urgent and impor- can-American fathers whose children Nation’s obligation to those who have tant one. It is that early screening, di- were forced to attend subpar, seg- served. In an organization of that mag- agnosis and treatment of colon cancer regated schools, challenged school seg- nitude, there is a real risk of over- can save lives. The American Cancer regation in the U.S. District Court in looking the importance of the con- Society, whose members will visit Cap- Los Angeles, claiming their children tributions made by individual VA em- itol Hill soon, reports that in 2006, were victims of unconstitutional dis- ployees. Today I want to recognize one more than 150,000 new cases of colon crimination. This historic court battle such employee, who celebrated her 50th cancer were diagnosed and more than ultimately ended school segregation in year of working for veterans this past 50,000 Americans died from the disease, California and set in motion the legal Sunday. including more than 1,000 Marylanders. process that would eventually end Louise Seikel, a certified registered I ask my colleagues to join me in ex- school segregation in America. nurse anesthetist in Brooklyn, NY, has tending our appreciation to Janet Mr. SALAZAR. Like my colleague spent the last half century serving Turcotte, a dedicated and courageous Senator BOB MENENDEZ, I believe it is those who have served our country. To advocate for colorectal health, for her

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11851 selfless efforts to promote a healthier American families. There are few peo- admired for his dedication to the Con- America.∑ ple who have done as much to better stitution, to the laws passed by the the lives of the women and children of Congress and subsequently enacted, f South Dakota. and to the impartial treatment of HONORING ELEANOR McGOVERN Eleanor is survived by her husband those who appeared before him. Senator McGovern; 4 children—Ann Emory Widener started his career in ∑ Mr. JOHNSON. Mr. President, I wish McGovern, Susan McGovern, Mary public service by entering the Naval to publicly honor and recognize one of McGovern-McKinnon, and Steve Academy in Annapolis. Responding to South Dakota’s favorite daughters, El- McGovern—10 grandchildren; and 6 the call of duty, he served as an officer eanor McGovern, who died on January great-grandchildren. in the final year of World War II. He 25, 2007, at the age of 85. A memorial later served in the Korean war and re- service is being held today for Eleanor, It is with great honor that I speak of ceived an honorable discharge in 1958. and I know my colleagues all join with the accomplishments of Eleanor Following 2 years in the Naval Re- me in expressing our sympathies to the McGovern and with great sadness that ∑ serves, he began law school at Wash- McGovern family. While we do mourn I mark her passing. ington and Lee University, and upon her passing, we also celebrate her ex- f graduation he returned to that region traordinarily successful life working to HONORING MONTCLAIR STATE of Virginia which he loved so dearly, better the lives of the people of South UNIVERSITY southwest Virginia, to enter private Dakota and people around the world. practice in Bristol. Born in Woonsocket, SD, in 1921, El- ∑ Mr. LAUTENBERG. Mr. President, In 1969, Emory Widener was nomi- eanor grew up on a farm during the today I wish to congratulate Montclair nated for a lifetime appointment to the Dust Bowl years of the 1930s. Her State University, MSU, on its 100th an- Federal court as a U.S. district judge strong work ethic and her lifelong con- niversary. Over the past century, MSU for the Western District of Virginia cern and compassion for others were has grown from its humble beginnings and was promptly confirmed by the instilled in her by her childhood expe- as the New Jersey State Normal School Senate. After an unusually brief period riences. When her mother died when with just 187 students into one of the of time, only 2 years, he became the she was 12 years old, Eleanor and her premier educational institutions in the chief judge of this Federal court. In twin sister, Ila, took over all household State of New Jersey. 1972, he was nominated for a seat on responsibilities, helping their father Montclair State University began as the Fourth Circuit and again received raise their younger sister. Eleanor at- a teacher’s college and, to this day, an expedient confirmation by the Sen- tended high school in Woonsocket and continues to train the Nation’s finest ate. met her future husband, former Sen- educators. However, the school’s cur- ator George McGovern, while attending riculum has expanded to include a By his extraordinarily well written Dakota Wesleyan University. After comprehensive range of first-class un- opinions, Judge Widener became a leg- graduation she worked as a legal sec- dergraduate, graduate, and doctoral end on the Fourth Circuit. Judge Wid- retary before marrying Senator programs. With over 16,000 students ener’s exemplary judgment and integ- McGovern on October 31, 1943. and 465 full-time faculty members, rity were profound assets to this im- portant court, and I always have had a Throughout her life, Eleanor MSU is currently the second-largest deep admiration and respect for this achieved many impressive accomplish- and fastest-growing university in New magnificent man and jurist. He was a ments. She was a board member of Da- Jersey, and has a diverse student body legal giant in Virginia, a legal giant in kota Wesleyan University, the Psy- that reflects New Jersey’s population. America’s Federal courts, and his serv- chiatric Institute, the Child Study As- Much of the University’s success can ice as a jurist should be a model for sociation, the Erickson Institute of be attributed to its steadfast dedica- others. Chicago, and Odyssey House of New tion to outstanding faculty, excep- York. Eleanor also volunteered for the tional teaching, and quality of scholar- Without question, southwest Virginia Child Development Center. She was ship. The university is led by a dedi- has lost one of its dearest friends. Yet named an Outstanding Citizen in 1975 cated and talented team focused on the region can everlastingly point with by Dakota Wesleyan University and meeting the many needs of its students great pride and admiration to the awarded an honorary doctorate in hu- and the surrounding community. MSU achievements of one of its greatest mane letters in 1997. manages to provide the individual at- sons. He will be missed not only in Abingdon, VA, where his kept his of- In addition to all these accomplish- tention of a small college, while also fice, but also by he fellow jurists, those ments she was a devoted mother of offering a vast array of majors and con- who practiced before him, and through- five. Throughout the years, she pro- centrations. out the Commonwealth and the Nation. vided a stable and loving home envi- Mr. President, the students and ronment for her children and helped fa- alumni of Montclair State University We all join in extending our deepest have much to be proud of as they cele- sympathies to his family and his cilitate her husband’s service to the ∑ Nation. During Senator McGovern’s brate 100 years of academia. I applaud friends as they mourn his passing. Presidential campaign, he described MSU for its many years of service, and f I wish the university continued success her as his most helpful critic and most MESSAGES FROM THE PRESIDENT trusted adviser. in the years ahead.∑ Eleanor also authored her memoir, f Messages from the President of the ‘‘Uphill: A Personal Story,’’ which was United States were communicated to published in 1973. Following the death THE HONORABLE H. EMORY the Senate by Ms. Evans, one of his of her daughter Terry in 1994, she WIDENER, JR. secretaries. showed remarkable courage by speak- ∑ Mr. WARNER. Mr. President, today I f ing publicly about the tragedy of alco- have a heavy heart. It is with great re- holism and how it impacted her family. gret that I share with the Senate that EXECUTIVE MESSAGES REFERRED In addition, she helped establish the the Honorable H. Emory Widener, Jr.— As in executive session the Presiding McGovern Family Foundation for re- one of our country’s extraordinary ju- Officer laid before the Senate messages searching alcoholism. rists, an exceptional Virginian, and a from the President of the United Thoughout her life she worked tire- good friend—has passed away. For 38 States submitting sundry nominations lessly to improve the lives of others, years, he served our Nation and Vir- and a treaty which were referred to the especially the lives of women and chil- ginia as a member of the Federal judi- appropriate committees. dren; she published articles on child de- ciary. (The nominations received today are velopment while also traveling the Na- Our Nation has lost one of its finest printed at the end of the Senate pro- tion to address the problems facing jurists, someone who was universally ceedings.)

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11852 CONGRESSIONAL RECORD — SENATE September 20, 2007 REPORT ON THE CONTINUATION Treasury, and for other purposes; to the EC–3364. A communication from the Chief OF THE NATIONAL EMERGENCY Committee on Banking, Housing, and Urban of the Recruiting Policy Branch, Department THAT WAS ORIGINALLY DE- Affairs. of the Army, Department of Defense, trans- CLARED ON SEPTEMBER 23, 2001, f mitting, pursuant to law, the report of a rule entitled ‘‘Recruiting and Enlistments’’ WITH RESPECT TO PERSONS MEASURES PLACED ON THE (RIN0702–AA57) received on September 18, WHO COMMIT, THREATEN TO CALENDAR 2007; to the Committee on Armed Services. COMMIT, OR SUPPORT TER- EC–3365. A communication from the Liai- RORISM—PM 26 The following bill was read the sec- son Officer, Office of the Secretary, Depart- ond time, and placed on the calendar: The PRESIDING OFFICER laid be- ment of Defense, transmitting, pursuant to law, the report of a rule entitled ‘‘Limita- fore the Senate the following message S. 2070. A bill to prevent Government shut- downs. tions on Terms of Consumer Credit Extended from the President of the United to Service Members and Dependents’’ f States, together with an accompanying (RIN0790–AI20) received on September 18, report; which was referred to the Com- EXECUTIVE AND OTHER 2007; to the Committee on Armed Services. mittee on Banking, Housing, and COMMUNICATIONS EC–3366. A communication from the Asso- Urban Affairs: ciate General Counsel for Legislation and The following communications were Regulations, Government National Mortgage To the Congress of the United States: laid before the Senate, together with Association, Department of Housing and Section 202(d) of the National Emer- accompanying papers, reports, and doc- Urban Development, transmitting, pursuant gencies Act (50 U.S.C. 1622(d)) provides uments, and were referred as indicated: to law, the report of a rule entitled ‘‘Govern- for the automatic termination of a na- EC–3356. A communication from the Con- ment National Mortgage Association: Mort- tional emergency unless, prior to the gressional Review Coordinator, Animal and gage-Backed Securities Program—Payments anniversary date of its declaration, the Plant Health Inspection Service, Department to Securityholders; Book-Entry Procedures; President publishes in the Federal Reg- of Agriculture, transmitting, pursuant to and Financial Reporting’’ (RIN2503–AA19) re- law, the report of a rule entitled ‘‘Add the ceived on September 18, 2007; to the Com- ister and transmits to the Congress a mittee on Banking, Housing, and Urban Af- notice stating that the emergency is to Republic of Georgia to List of Regions Where African Swine Fever Exists’’ (Docket No. fairs. continue in effect beyond the anniver- EC–3367. A communication from the Prin- APHIS–2007–0108) received on September 18, cipal Deputy Associate Administrator, Office sary date. In accordance with this pro- 2007; to the Committee on Agriculture, Nu- of Policy, Economics and Innovation, Envi- vision, I have sent the enclosed notice trition, and Forestry. ronmental Protection Agency, transmitting, to the Federal Register for publication, EC–3357. A communication from the Con- pursuant to law, the report of a rule entitled stating that the national emergency gressional Review Coordinator, Animal and ‘‘Amitraz, Atrazine, Ethephon, Ferbam, Lin- Plant Health Inspection Service, Department with respect to persons who commit, dane, Propachlor, and Simazine; Tolerance of Agriculture, transmitting, pursuant to threaten to commit, or support ter- Actions’’ (FRL No. 8147–5) received on Sep- law, the report of a rule entitled ‘‘Bovine rorism is to continue in effect beyond tember 18, 2007; to the Committee on Envi- Spongiform Encephalopathy; Minimal-Risk September 23, 2007. ronment and Public Works. The crisis constituted by the grave Regions; Importation of Live Bovines and EC–3368. A communication from the Prin- Products Derived from Bovines’’ (Docket No. acts of terrorism and threats of ter- cipal Deputy Associate Administrator, Office APHIS–2006–0041) received on September 18, of Policy, Economics and Innovation, Envi- rorism committed by foreign terror- 2007; to the Committee on Agriculture, Nu- ists, including the terrorist attacks in ronmental Protection Agency, transmitting, trition, and Forestry. pursuant to law, the report of a rule entitled New York, in Pennsylvania, and EC–3358. A communication from the Chair- ‘‘Chloroneb, Cypermethrin, Methidathion, against the Pentagon committed on man and CEO, Farm Credit Administration, Nitrapyrin, Oxyfluorfen, Pirimiphos-methyl, September 11, 2001, and the continuing transmitting, pursuant to law, a report rel- Sulfosate, Tebuthiuron, Thiabendazole, and immediate threat of further at- ative to the Administration’s inventory of Thidiazuron, and Tribuphos; Tolerance Ac- tacks on United States nationals or the commercial activities for fiscal year 2007; to tions’’ (FRL No. 8143–2) received on Sep- the Committee on Agriculture, Nutrition, United States that led to the declara- tember 18, 2007; to the Committee on Envi- and Forestry. ronment and Public Works. tion of a national emergency on Sep- EC–3359. A communication from the Dep- tember 23, 2001, has not been resolved. EC–3369. A communication from the Prin- uty Secretary of Transportation, transmit- cipal Deputy Associate Administrator, Office These actions pose a continuing un- ting, pursuant to law, the report of a viola- of Policy, Economics and Innovation, Envi- usual and extraordinary threat to the tion of the Antideficiency Act that occurred ronmental Protection Agency, transmitting, national security, foreign policy, and in the Department’s Grants-in-Aid for Air- pursuant to law, the report of a rule entitled economy of the United States. For ports Account; to the Committee on Appro- ‘‘Desmedipham; Pesticide Tolerance’’ (FRL these reasons, I have determined that priations. No. 8146–8) received on September 18, 2007; to EC–3360. A communication from the Direc- the Committee on Environment and Public it is necessary to continue the national tor, Defense Procurement and Acquisition emergency declared with respect to Works. Policy, Department of Defense, transmit- EC–3370. A communication from the Prin- persons who commit, threaten to com- ting, pursuant to law, the report of a rule en- cipal Deputy Associate Administrator, Office mit, or support terrorism, and main- titled ‘‘Technical Data Rights’’ (DFARS of Policy, Economics and Innovation, Envi- tain in force the comprehensive sanc- Case 2006–D055) received on September 18, ronmental Protection Agency, transmitting, tions to respond to this threat. 2007; to the Committee on Armed Services. pursuant to law, the report of a rule entitled GEORGE W. BUSH. EC–3361. A communication from the Direc- ‘‘Polychlorinated Biphenyls; Manufacturing THE WHITE HOUSE, September 20, 2007. tor, Defense Procurement and Acquisition Exemption’’ (FRL No. 8143–4) received on Policy, Department of Defense, transmit- f September 18, 2007; to the Committee on En- ting, pursuant to law, the report of a rule en- vironment and Public Works. MESSAGE FROM THE HOUSE titled ‘‘Labor Reimbursement on Depart- EC–3371. A communication from the Prin- ment of Defense Non-Commercial Time-and- At 1:44 p.m., a message from the cipal Deputy Associate Administrator, Office Materials Labor-Hour Contracts’’ (DFARS of Policy, Economics and Innovation, Envi- House of Representatives, delivered by Case 2006–D030) received on September 18, ronmental Protection Agency, transmitting, Mrs. Cole, one of its reading clerks, an- 2007; to the Committee on Armed Services. pursuant to law, the report of a rule entitled nounced that the House has passed the EC–3362. A communication from the Direc- ‘‘Significant New Use Rules on Certain following bill, in which it requests the tor, Defense Procurement and Acquisition Chemical Substances’’ (FRL No. 8135–8) re- concurrence of the Senate: Policy, Department of Defense, transmit- ceived on September 18, 2007; to the Com- H.R. 2761. An act to extend the Terrorism ting, pursuant to law, the report of a rule en- mittee on Environment and Public Works. Insurance Program of the Department of the titled ‘‘Acquisition of Major Weapon Sys- EC–3372. A communication from the Prin- Treasury, and for other purposes. tems as Commercial Items’’ (DFARS Case cipal Deputy Associate Administrator, Office 2006–D012) received on September 18, 2007; to of Policy, Economics and Innovation, Envi- f the Committee on Armed Services. ronmental Protection Agency, transmitting, MEASURES REFERRED EC–3363. A communication from the Direc- pursuant to law, the report of a rule entitled tor, Defense Procurement and Acquisition The following bill was read the first ‘‘Trifloxystrobin; Pesticide Tolerance’’ (FRL Policy, Department of Defense, transmit- No. 8147–3) received on September 18, 2007; to and the second times by unanimous ting, pursuant to law, the report of a rule en- the Committee on Environment and Public consent, and referred as indicated: titled ‘‘Emergency Acquisitions’’ (DFARS Works. H.R. 2761. An act to extend the Terrorism Case 2006–D036) received on September 18, EC–3373. A communication from the Chief Insurance Program of the Department of the 2007; to the Committee on Armed Services. of the Publications and Regulations Branch,

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11853 Internal Revenue Service, Department of the National Security Division, Department of S. 2075. A bill to ensure that women seek- Treasury, transmitting, pursuant to law, the Justice, transmitting, pursuant to law, the ing an abortion receive an ultrasound and report of a rule entitled ‘‘Tier I Issue: Gov- report of a rule entitled ‘‘Foreign Intel- the opportunity to review the ultrasound be- ernment Settlements Directive Number 2’’ ligence and Counterintelligence Records Sys- fore giving informed consent to receive an (LMSB–04–0707–050) received on September tem, JUSTICE/NSD–001’’ (AAG/A Order No. abortion; to the Committee on Health, Edu- 17, 2007; to the Committee on Finance. 023–2007) received on September 17, 2007; to cation, Labor, and Pensions. EC–3374. A communication from the Acting the Committee on the Judiciary. By Mr. REID: Regulations Officer, Office of the Commis- EC–3384. A communication from the Past S. 2076. A bill to amend the Federal Power sioner, Social Security Administration, National President, American Gold Star Act to require the President to designate transmitting, pursuant to law, the report of Mothers, Inc., transmitting, pursuant to law, certain geographical areas as national re- a rule entitled ‘‘Technical Updates to Appli- the organization’s annual tax audit; to the newable energy zones, and for other pur- cability of the Supplemental Security In- Committee on the Judiciary. poses; to the Committee on Energy and Nat- come Reduced Benefit Rate for Individuals EC–3385. A communication from the Sec- ural Resources. Residing in Medical Treatment Facilities’’ retary of Veterans Affairs, transmitting, a By Mr. HARKIN (for himself, Mr. KOHL, (RIN0960–AF99) received on September 18, draft bill intended to establish the position and Mr. DURBIN): 2007; to the Committee on Finance. of Assistant Secretary for Acquisition, Lo- S. 2077. A bill to establish a program to as- EC–3375. A communication from the Regu- gistics, and Construction within the Depart- sure the safety of fresh produce intended for lations Coordinator, Center for Medicaid and ment; to the Committee on Veterans’ Af- human consumption, and for other purposes; State Operations, Department of Health and fairs. to the Committee on Agriculture, Nutrition, Human Services, transmitting, pursuant to and Forestry. f law, the report of a rule entitled ‘‘Establish- By Mr. SCHUMER: ment of Revisit User Fee Program for Medi- REPORTS OF COMMITTEES S. 2078. A bill to require updating of State care Survey and Certification Activities’’ building energy efficiency codes and stand- (RIN0938–AO96) received on September 18, The following reports of committees ards; to the Committee on Energy and Nat- 2007; to the Committee on Finance. were submitted: ural Resources. EC–3376. A communication from the Assist- By Mr. INOUYE, from the Committee on By Mr. SCHUMER: ant Secretary, Office of Legislative Affairs, Commerce, Science, and Transportation, S. 2079. A bill to amend the Public Utility Department of State, transmitting, pursuant with amendments: Regulatory Policies Act of 1978 to establish to law, a report relative to the extension of S. 1771. A bill to increase the safety of an energy efficiency resource standard for memoranda concerning Peru; to the Com- swimming pools and spas by requiring the retail electricity and natural gas distribu- mittee on Foreign Relations. use of proper anti-entrapment drain covers tors; to the Committee on Energy and Nat- EC–3377. A communication from the Chair- and pool and spa drainage systems, to edu- ural Resources. man, National Committee on Vital and cate the public about pool and spa safety, By Mr. LAUTENBERG: Health Statistics, transmitting, pursuant to and for other purposes (Rept. No. 110–182). S. 2080. A bill to amend the Federal Water law, a report entitled, ‘‘Eighth Annual Re- Pollution Control Act to ensure that sewage f port to Congress on the Implementation of treatment plants monitor for and report dis- the Administrative Simplification Provi- EXECUTIVE REPORTS OF charges of raw sewage, and for other pur- sions of the Health Insurance Portability COMMITTEES poses; to the Committee on Environment and and Accountability Act’’; to the Committee Public Works. on Health, Education, Labor, and Pensions. The following executive reports of By Mr. BROWN (for himself and Mr. EC–3378. A communication from the Chair- nominations were submitted: CASEY): man, National Endowment for the Arts, By Mr. LEAHY for the Committee on the S. 2081. A bill to require manufacturers to transmitting, pursuant to law, a report rel- demonstrate sufficient means to cover, for ative to the organization’s inventory of com- Judiciary. Jennifer Walker Elrod, of Texas, to be certain products distributed in commerce, mercial activities for fiscal year 2007; to the costs of potential recalls, and for other pur- Committee on Health, Education, Labor, and United States Circuit Judge for the Fifth Circuit. poses; to the Committee on Agriculture, Nu- Pensions. trition, and Forestry. EC–3379. A communication from the Gen- Patrick P. Shen, of Maryland, to be Spe- By Mrs. CLINTON (for herself, Mr. eral Counsel, Federal Retirement Thrift In- cial Counsel for Immigration-Related Unfair HATCH, and Mr. REID): vestment Board, transmitting, pursuant to Employment Practices for a term of four S. 2082. A bill to amend the Public Health law, the report of a rule entitled ‘‘Employee years. Service Act to establish a Coordinated Envi- Contribution Election and Contribution Al- (Nominations without an asterisk ronmental Public Health Network, and for locations; Correction of Administrative Er- were reported with the recommenda- other purposes; to the Committee on Health, rors; Availability of Records; Death Benefits; tion that they be confirmed.) Education, Labor, and Pensions. Loan Program; Thrift Savings Plan’’ (5 CFR Parts 1600, 1605, 1631, 1651, 1655 and 1690) re- f f ceived on September 18, 2007; to the Com- INTRODUCTION OF BILLS AND SUBMISSION OF CONCURRENT AND mittee on Homeland Security and Govern- mental Affairs. JOINT RESOLUTIONS SENATE RESOLUTIONS EC–3380. A communication from the Direc- The following bills and joint resolu- The following concurrent resolutions tor, Division of Strategic Human Resources tions were introduced, read the first and Senate resolutions were read, and Policy, Office of Personnel Management, and second times by unanimous con- referred (or acted upon), as indicated: transmitting, pursuant to law, the report of sent, and referred as indicated: a rule entitled ‘‘Reemployment of Civilian By Mr. KOHL (for himself and Mr. Retirees to Meet Exceptional Employment By Mr. HATCH: FEINGOLD): Needs’’ (RIN3206–AI32) received on Sep- S. 2072. A bill to authorize Western States S. Res. 323. A resolution recognizing tember 18, 2007; to the Committee on Home- to make selections of public land within Kikkoman Foods, Inc., for its 50 years of op- land Security and Governmental Affairs. their borders in lieu of receiving 5 percent of erations in the United States; to the Com- EC–3381. A communication from the Ad- the proceeds of the sale of public land lying mittee on the Judiciary. ministrator, Federal Emergency Manage- within said States as provided by their re- By Mr. CHAMBLISS (for himself, Mr. ment Agency, Department of Homeland Se- spective enabling Acts; to the Committee on NELSON of Nebraska, Ms. COLLINS, curity, transmitting, pursuant to law, notifi- Energy and Natural Resources. Mr. ISAKSON, Mr. LOTT, Mr. PRYOR, cation that the cost of response and recovery By Mrs. McCASKILL (for herself and Mr. TESTER, Mr. GRAHAM, Mr. JOHN- efforts in Texas has exceeded the $5,000,000 Mr. BOND): SON, Mr. SUNUNU, and Mr. WHITE- limit; to the Committee on Homeland Secu- S. 2073. A bill to amend the National Trails HOUSE): rity and Governmental Affairs. System Act relating to the statute of limita- S. Res. 324. A resolution supporting the EC–3382. A communication from the Chief tions that applies to certain claims; to the goals and ideals of ‘‘National Life Insurance of the Regulatory Management Division, Committee on Energy and Natural Re- Awareness Month’’; considered and agreed Citizenship and Immigration Services, De- sources. to. partment of Homeland Security, transmit- By Mr. KERRY: f ting, pursuant to law, the report of a rule en- S. 2074. A bill to provide for safe and hu- titled ‘‘New Classification for Victims of mane policies and procedures pertaining to ADDITIONAL COSPONSORS the arrest, detention, and processing of Criminal Activity; Eligibility for ‘U’ Non- S. 156 immigrant Status’’ (RIN1615–AA67) received aliens in immigration enforcement oper- on September 18, 2007; to the Committee on ations; to the Committee on the Judiciary. At the request of Mr. WYDEN, the the Judiciary. By Mr. BROWNBACK (for himself, Mr. name of the Senator from South Caro- EC–3383. A communication from the Assist- MARTINEZ, Mr. COLEMAN, Mr. VITTER, lina (Mr. GRAHAM) was added as a co- ant Attorney General for Administration, Mr. INHOFE, and Mr. THUNE): sponsor of S. 156, a bill to make the

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11854 CONGRESSIONAL RECORD — SENATE September 20, 2007 moratorium on Internet access taxes coverage of marriage and family thera- S. 1465 and multiple and discriminatory taxes pist services and mental health coun- At the request of Mr. CONRAD, the on electronic commerce permanent. selor services under part B of the Medi- name of the Senator from Tennessee S. 388 care program, and for other purposes. (Mr. ALEXANDER) was added as a co- At the request of Mr. BARRASSO, his S. 1001 sponsor of S. 1465, a bill to amend title name was added as a cosponsor of S. At the request of Mr. BARRASSO, his XVIII of the Social Security Act to 388, a bill to amend title 18, United name was added as a cosponsor of S. provide for coverage under the Medi- States Code, to provide a national 1001, a bill to restore Second Amend- care program of certain medical mobil- standard in accordance with which ment rights in the District of Colum- ity devices approved as class III med- nonresidents of a State may carry con- bia. ical devices. cealed firearms in the State. S. 1050 S. 1494 S. 667 At the request of Mr. HARKIN, the At the request of Mr. DOMENICI, the At the request of Mrs. CLINTON, the name of the Senator from Montana name of the Senator from Maryland name of the Senator from Connecticut (Mr. BAUCUS) was added as a cosponsor (Mr. CARDIN) was added as a cosponsor (Mr. LIEBERMAN) was added as a co- of S. 1050, a bill to amend the Rehabili- of S. 1494, a bill to amend the Public sponsor of S. 667, a bill to expand pro- tation Act of 1973 and the Public Health Service Act to reauthorize the grams of early childhood home visita- Health Service Act to set standards for special diabetes programs for Type I di- tion that increase school readiness, medical diagnostic equipment and to abetes and Indians under that Act. child abuse and neglect prevention, and establish a program for promoting good S. 1518 early identification of developmental health, disease prevention, and At the request of Mr. REED, the name and health delays, including potential wellness and for the prevention of sec- of the Senator from North Dakota (Mr. mental health concerns, and for other ondary conditions for individuals with DORGAN) was added as a cosponsor of S. purposes. disabilities, and for other purposes. 1518, a bill to amend the McKinney- S. 772 S. 1146 Vento Homeless Assistance Act to re- At the request of Mr. LEAHY, the At the request of Mr. SALAZAR, the authorize the Act, and for other pur- name of the Senator from New York name of the Senator from Ohio (Mr. poses. (Mr. SCHUMER) was added as a cospon- BROWN) was added as a cosponsor of S. S. 1543 sor of S. 772, a bill to amend the Fed- 1146, a bill to amend title 38, United At the request of Mr. BINGAMAN, the eral antitrust laws to provide expanded States Code, to improve health care for name of the Senator from Oregon (Mr. coverage and to eliminate exemptions veterans who live in rural areas, and WYDEN) was added as a cosponsor of S. from such laws that are contrary to the for other purposes. 1543, a bill to establish a national geo- public interest with respect to rail- S. 1267 thermal initiative to encourage in- roads. At the request of Mr. DODD, the name creased production of energy from geo- S. 799 of the Senator from Vermont (Mr. thermal resources, and for other pur- At the request of Mr. HARKIN, the LEAHY) was added as a cosponsor of S. poses. name of the Senator from Washington 1267, a bill to maintain the free flow of S. 1576 (Mrs. MURRAY) was added as a cospon- information to the public by providing At the request of Mr. KENNEDY, the sor of S. 799, a bill to amend title XIX conditions for the federally compelled name of the Senator from South Da- of the Social Security Act to provide disclosure of information by certain kota (Mr. JOHNSON) was added as a co- individuals with disabilities and older persons connected with the news sponsor of S. 1576, a bill to amend the Americans with equal access to com- media. Public Health Service Act to improve munity-based attendant services and S. 1328 the health and healthcare of racial and supports, and for other purposes. At the request of Mr. LEAHY, the ethnic minority groups. S. 885 name of the Senator from Washington S. 1661 At the request of Mr. ISAKSON, the (Mrs. MURRAY) was added as a cospon- At the request of Mr. DORGAN, the name of the Senator from South Da- sor of S. 1328, a bill to amend the Immi- name of the Senator from Delaware kota (Mr. JOHNSON) was added as a co- gration and Nationality Act to elimi- (Mr. BIDEN) was added as a cosponsor of sponsor of S. 885, a bill to ensure and nate discrimination in the immigra- S. 1661, a bill to communicate United foster continued patient safety and tion laws by permitting permanent States travel policies and improve quality of care by making the antitrust partners of United States citizens and marketing and other activities de- laws apply to negotiations between lawful permanent residents to obtain signed to increase travel in the United groups of independent pharmacies and lawful permanent resident status in States from abroad. health plans and health insurance the same manner as spouses of citizens issuers in the same manner as such and lawful permanent residents and to S. 1703 laws apply to collective bargaining by penalize immigration fraud in connec- At the request of Mr. DURBIN, the labor organizations under the National tion with permanent partnerships. name of the Senator from Maryland Labor Relations Act. S. 1338 (Mr. CARDIN) was added as a cosponsor of S. 1703, a bill to prevent and reduce S. 911 At the request of Mr. ROCKEFELLER, trafficking in persons. At the request of Mr. REED, the name the name of the Senator from Mis- of the Senator from Maryland (Ms. MI- sissippi (Mr. COCHRAN) was added as a S. 1718 KULSKI) was added as a cosponsor of S. cosponsor of S. 1338, a bill to amend At the request of Mr. BROWN, the 911, a bill to amend the Public Health title XVIII of the Social Security Act name of the Senator from Minnesota Service Act to advance medical re- to provide for a two-year moratorium (Ms. KLOBUCHAR) was added as a co- search and treatments into pediatric on certain Medicare physician payment sponsor of S. 1718, a bill to amend the cancers, ensure patients and families reductions for imaging services. Servicemembers Civil Relief Act to have access to the current treatments S. 1445 provide for reimbursement to and information regarding pediatric At the request of Mr. KENNEDY, the servicemembers of tuition for pro- cancers, establish a population-based name of the Senator from South Da- grams of education interrupted by national childhood cancer database, kota (Mr. JOHNSON) was added as a co- military service, for deferment of stu- and promote public awareness of pedi- sponsor of S. 1445, a bill to amend the dents loans and reduced interest rates atric cancers. Public Health Service Act to direct the for servicemembers during periods of S. 921 Secretary of Health and Human Serv- military service, and for other pur- At the request of Mr. BARRASSO, his ices to establish, promote, and support poses. name was added as a cosponsor of S. a comprehensive prevention, research, S. 1760 921, a bill to amend title XVIII of the and medical management referral pro- At the request of Mr. BROWN, the Social Security Act to provide for the gram for hepatitis C virus infection. names of the Senator from Michigan

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11855 (Mr. LEVIN) and the Senator from Illi- S. 2034 the Department of Energy, to prescribe nois (Mr. OBAMA) were added as cospon- At the request of Mr. WYDEN, the military personnel strengths for such sors of S. 1760, a bill to amend the Pub- name of the Senator from Oregon (Mr. fiscal year, and for other purposes. lic Health Service Act with respect to SMITH) was added as a cosponsor of S. AMENDMENT NO. 2086 the Healthy Start Initiative. 2034, a bill to amend the Oregon Wilder- At the request of Mr. OBAMA, the S. 1845 ness Act of 1984 to designate the Copper name of the Senator from Arkansas At the request of Mr. WHITEHOUSE, Salmon Wilderness and to amend the (Mrs. LINCOLN) was added as a cospon- the name of the Senator from Texas Wild and Scenic Rivers Act to des- sor of amendment No. 2086 intended to (Mr. CORNYN) was added as a cosponsor ignate segments of the North and be proposed to H.R. 1585, to authorize of S. 1845, a bill to provide for limita- South Forks of the Elk River in the appropriations for fiscal year 2008 for tions in certain communications be- State of Oregon as wild or scenic riv- military activities of the Department tween the Department of Justice and ers, and for other purposes. of Defense, for military construction, the White House Office relating to civil S. 2045 and for defense activities of the De- and criminal investigations, and for At the request of Mr. PRYOR, the partment of Energy, to prescribe mili- other purposes. names of the Senator from Minnesota tary personnel strengths for such fiscal S. 1848 (Ms. KLOBUCHAR) and the Senator from year, and for other purposes. At the request of Mr. BAUCUS, the Illinois (Mr. DURBIN) were added as co- AMENDMENT NO. 2878 name of the Senator from Pennsyl- sponsors of S. 2045, a bill to reform the At the request of Mr. HATCH, the vania (Mr. CASEY) was added as a co- Consumer Product Safety Commission name of the Senator from Colorado sponsor of S. 1848, a bill to amend the to provide greater protection for chil- (Mr. SALAZAR) was added as a cospon- Trade Act of 1974 to address the impact dren’s products, to improve the screen- sor of amendment No. 2878 intended to of globalization, to reauthorize trade ing of noncompliant consumer prod- be proposed to H.R. 1585, to authorize adjustment assistance, to extend trade ucts, to improve the effectiveness of appropriations for fiscal year 2008 for adjustment assistance to service work- consumer product recall programs, and military activities of the Department ers, communities, firms, and farmers, for other purposes. of Defense, for military construction, and for other purposes. S. 2061 and for defense activities of the De- S. 1852 At the request of Mr. HARKIN, the partment of Energy, to prescribe mili- At the request of Mr. INOUYE, the name of the Senator from New Jersey tary personnel strengths for such fiscal name of the Senator from California (Mr. LAUTENBERG) was added as a co- year, and for other purposes. (Mrs. FEINSTEIN) was added as a co- sponsor of S. 2061, a bill to amend the AMENDMENT NO. 2893 sponsor of S. 1852, a bill to designate Fair Labor Standards Act of 1938 to ex- At the request of Mr. LEAHY, the the Friday after Thanksgiving of each empt certain home health workers names of the Senator from Nebraska year as ‘‘Native American Heritage from the provisions of such Act. (Mr. NELSON), the Senator from Mary- Day’’ in honor of the achievements and S.J. RES. 13 land (Ms. MIKULSKI), the Senator from contributions of Native Americans to At the request of Mr. LEAHY, the Iowa (Mr. HARKIN), the Senator from the United States. name of the Senator from Connecticut Montana (Mr. BAUCUS), the Senator S. 1895 (Mr. LIEBERMAN) was added as a co- from Washington (Ms. CANTWELL), the At the request of Mr. REED, the sponsor of S.J. Res. 13, a joint resolu- Senator from California (Mrs. FEIN- names of the Senator from Hawaii (Mr. tion granting the consent of Congress STEIN), the Senator from Delaware (Mr. INOUYE), the Senator from Michigan to the International Emergency Man- BIDEN), the Senator from Maryland (Ms. STABENOW) and the Senator from agement Assistance Memorandum of (Mr. CARDIN), the Senator from Wis- Connecticut (Mr. LIEBERMAN) were Understanding. consin (Mr. FEINGOLD), the Senator added as cosponsors of S. 1895, a bill to S. RES. 201 from West Virginia (Mr. ROCKEFELLER), aid and support pediatric involvement At the request of Mr. VITTER, his the Senator from Arkansas (Mrs. LIN- in reading and education. name was added as a cosponsor of S. COLN), the Senator from Minnesota S. 1906 Res. 201, a resolution supporting the (Ms. KLOBUCHAR), the Senator from Il- At the request of Mr. BAUCUS, the goals and ideals of ‘‘National Life In- linois (Mr. OBAMA), the Senator from name of the Senator from Tennessee surance Awareness Month’’. Colorado (Mr. SALAZAR), the Senator (Mr. ALEXANDER) was added as a co- AMENDMENT NO. 2000 from Ohio (Mr. BROWN), the Senator sponsor of S. 1906, a bill to understand At the request of Mr. NELSON of Flor- from North Dakota (Mr. DORGAN), the and comprehensively address the oral ida, the name of the Senator from Or- Senator from New York (Mrs. CLIN- health problems associated with meth- egon (Mr. SMITH) was added as a co- TON), the Senator from West Virginia amphetamine use. sponsor of amendment No. 2000 in- (Mr. BYRD), the Senator from Wash- S. 1909 tended to be proposed to H.R. 1585, to ington (Mrs. MURRAY), the Senator At the request of Mr. ISAKSON, the authorize appropriations for fiscal year from Pennsylvania (Mr. CASEY), the name of the Senator from Kentucky 2008 for military activities of the De- Senator from California (Mrs. BOXER), (Mr. BUNNING) was added as a cosponsor partment of Defense, for military con- the Senator from New York (Mr. SCHU- of S. 1909, a bill to amend title XVIII of struction, and for defense activities of MER) and the Senator from Oregon (Mr. the Social Security Act to provide for the Department of Energy, to prescribe WYDEN) were added as cosponsors of coverage, as supplies associated with military personnel strengths for such amendment No. 2893 proposed to H.R. the injection of insulin, of home needle fiscal year, and for other purposes. 1585, to authorize appropriations for removal, decontamination, and dis- AMENDMENT NO. 2067 fiscal year 2008 for military activities posal devices and the disposal of nee- At the request of Mr. KENNEDY, the of the Department of Defense, for mili- dles and syringes through a sharps-by- names of the Senator from Maryland tary construction, and for defense ac- mail or similar program under part D (Mr. CARDIN), the Senator from Rhode tivities of the Department of Energy, of the Medicare program. Island (Mr. WHITEHOUSE), the Senator to prescribe military personnel S. 2020 from Maryland (Ms. MIKULSKI), the strengths for such fiscal year, and for At the request of Mr. LUGAR, the Senator from Vermont (Mr. SANDERS), other purposes. name of the Senator from Washington the Senator from Minnesota (Ms. KLO- AMENDMENT NO. 2894 (Mrs. MURRAY) was added as a cospon- BUCHAR) and the Senator from Pennsyl- At the request of Mr. CARDIN, the sor of S. 2020, a bill to reauthorize the vania (Mr. CASEY) were added as co- name of the Senator from Maryland Tropical Forest Conservation Act of sponsors of amendment No. 2067 in- (Ms. MIKULSKI) was added as a cospon- 1998 through fiscal year 2010, to rename tended to be proposed to H.R. 1585, to sor of amendment No. 2894 intended to the Tropical Forest Conservation Act authorize appropriations for fiscal year be proposed to H.R. 1585, to authorize of 1998 as the ‘‘Tropical Forest and 2008 for military activities of the De- appropriations for fiscal year 2008 for Coral Conservation Act of 2007’’, and partment of Defense, for military con- military activities of the Department for other purposes. struction, and for defense activities of of Defense, for military construction,

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11856 CONGRESSIONAL RECORD — SENATE September 20, 2007 and for defense activities of the De- DURBIN) and the Senator from Maine portion of public land is owned by the partment of Energy, to prescribe mili- (Ms. COLLINS) were added as cosponsors Government. This bill would authorize tary personnel strengths for such fiscal of amendment No. 2931 intended to be the Secretary of the Interior and the year, and for other purposes. proposed to H.R. 1585, to authorize ap- Secretary of Agriculture to grant a AMENDMENT NO. 2912 propriations for fiscal year 2008 for small portion of these Federal lands to At the request of Mr. LAUTENBERG, military activities of the Department the states so they can generate the the names of the Senator from New of Defense, for military construction, much needed education revenue. Jersey (Mr. MENENDEZ), the Senator and for defense activities of the De- I wonder how many of my colleagues from Massachusetts (Mr. KERRY), the partment of Energy, to prescribe mili- know that 10 of the 12 States with the Senator from Maryland (Mr. CARDIN), tary personnel strengths for such fiscal largest pupil-per-teacher ratios are in the Senator from Arkansas (Mrs. LIN- year, and for other purposes. the West? These 10 western States also COLN), the Senator from New Mexico AMENDMENT NO. 2932 have the lowest growth in per-pupil ex- penditures. And these ratios will only (Mr. BINGAMAN) and the Senator from At the request of Mr. LIEBERMAN, the grow worse as growth in the West con- Maine (Ms. SNOWE) were added as co- name of the Senator from Vermont tinues to out-pace the rest of the coun- sponsors of amendment No. 2912 in- (Mr. SANDERS) was added as a cospon- try. In fact, three of the fastest grow- tended to be proposed to H. R. 1585, to sor of amendment No. 2932 intended to authorize appropriations for fiscal year ing counties are in Utah. be proposed to H.R. 1585, to authorize I would like to take a moment to dis- 2008 for military activities of the De- appropriations for fiscal year 2008 for partment of Defense, for military con- cuss how the west has gotten into this military activities of the Department situation. Let us take a look at Utah’s struction, and for defense activities of of Defense, for military construction, the Department of Energy, to prescribe history, which began when in July of and for defense activities of the De- 1894, the State Enabling Act was ap- military personnel strengths for such partment of Energy, to prescribe mili- fiscal year, and for other purposes. proved. This act allowed ‘‘the People of tary personnel strengths for such fiscal Utah to form a Constitution and State AMENDMENT NO. 2919 year, and for other purposes. At the request of Mr. DURBIN, the Government, and to be admitted into AMENDMENT NO. 2934 names of the Senator from New Mexico the Union.’’ At the request of Mr. CORNYN, the (Mr. BINGAMAN), the Senator from Cali- However, Section 9 of the enabling names of the Senator from Oklahoma fornia (Mrs. BOXER), the Senator from act sets forth that ‘‘five percent of the (Mr. INHOFE), the Senator from Kansas Washington (Ms. CANTWELL), the Sen- proceeds of the sales of public lands OBERTS ator from New York (Mrs. CLINTON), (Mr. R ), the Senator from Flor- lying within said State, which shall be the Senator from California (Mrs. FEIN- ida (Mr. MARTINEZ), the Senator from sold by the United States subsequent STEIN), the Senator from Massachu- Alabama (Mr. SESSIONS) and the Sen- to the admission of said State into the setts (Mr. KERRY), the Senator from ator from Louisiana (Mr. VITTER) were Union . . . shall be paid to the said Connecticut (Mr. LIEBERMAN), the Sen- added as cosponsors of amendment No. State, to be used as a permanent fund, ator from New Jersey (Mr. MENENDEZ), 2934 proposed to H.R. 1585, to authorize the interest of which only shall be ex- the Senator from Washington (Mrs. appropriations for fiscal year 2008 for pended for the support of the common MURRAY), the Senator from Florida military activities of the Department schools within said State.’’ (Mr. NELSON) and the Senator from Illi- of Defense, for military construction, The Federal Government never fol- nois (Mr. OBAMA) were added as cospon- and for defense activities of the De- lowed through on its promise. Our bill, sors of amendment No. 2919 intended to partment of Energy, to prescribe mili- the APPLE Act, S. 2072, would direct be proposed to H. R. 1585, to authorize tary personnel strengths for such fiscal the Government to deliver on that appropriations for fiscal year 2008 for year, and for other purposes. promise. military activities of the Department At the request of Mr. COLEMAN, his The Government’s lack of follow- of Defense, for military construction, name was added as a cosponsor of through on its promise is only exacer- and for defense activities of the De- amendment No. 2934 proposed to H.R. bated by the lack of a sales tax base in partment of Energy, to prescribe mili- 1585, supra. the west. Sales tax revenue, as we all tary personnel strengths for such fiscal AMENDMENT NO. 2944 know is generated on private lands. On average, the Federal Government owns year, and for other purposes. At the request of Mrs. CLINTON, the 52 percent of the land located in the 13 AMENDMENT NO. 2924 name of the Senator from Rhode Island western States, while the remaining At the request of Mr. FEINGOLD, the (Mr. WHITEHOUSE) was added as a co- names of the Senator from Connecticut sponsor of amendment No. 2944 in- States average just 4 percent Federal land ownership. Federal ownership in (Mr. DODD) and the Senator from Or- tended to be proposed to H.R. 1585, to Utah is about 65 percent, second only egon (Mr. WYDEN) were added as co- authorize appropriations for fiscal year sponsors of amendment No. 2924 pro- 2008 for military activities of the De- to Nevada. The problem is that sales tax is not posed to H.R. 1585, to authorize appro- partment of Defense, for military con- being collected on these Federal lands, priations for fiscal year 2008 for mili- struction, and for defense activities of and public education is funded largely tary activities of the Department of the Department of Energy, to prescribe Defense, for military construction, and through sales tax revenues. military personnel strengths for such Some may say that the west’s edu- for defense activities of the Depart- fiscal year, and for other purposes. cation funding deficit is due to a lack ment of Energy, to prescribe military f personnel strengths for such fiscal of commitment or effort by the States. year, and for other purposes. STATEMENTS ON INTRODUCED This is not true. BILLS AND JOINT RESOLUTIONS The fact is that allocations to public AMENDMENT NO. 2928 education, by percentage, in the West At the request of Mr. LAUTENBERG, By Mr. HATCH: matches or exceeds the rest of the Na- the name of the Senator from New S. 2072. A bill to authorize Western tion. In fact, western States pay on av- York (Mrs. CLINTON) was added as a co- States to make selections of public erage 11.1 percent of their personal in- sponsor of amendment No. 2928 in- land within their borders in lieu of re- come to State and local taxes, whereas tended to be proposed to H.R. 1585, to ceiving 5 percent of the proceeds of the residents of the remaining States pay authorize appropriations for fiscal year sale of public land lying within said 10.9 percent. 2008 for military activities of the De- States as provided by their respective I urge my colleagues to lend their partment of Defense, for military con- enabling Acts; to the Committee on support to addressing the west’s edu- struction, and for defense activities of Energy and Natural Resources. cation funding shortfall by helping me the Department of Energy, to prescribe Mr. HATCH. Mr. President, I rise to pass the Action Plan for Public military personnel strengths for such today to introduce The Action Plan for Land and Education Act of 2007. fiscal year, and for other purposes. Public Land and Education Act of 2007. AMENDMENT NO. 2931 This bill would restore some balance to By Mr. REID: At the request of Mr. CASEY, the the way education is funded in many of S. 2076. A bill to amend the Federal names of the Senator from Illinois (Mr. the western States, where a large pro- Power Act to require the President to

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11857 designate certain geographical areas as ‘‘Subpart A—Regulation of Electric Utility ity to communicate electronically with an national renewable energy zones, and Companies’’; electric power provider or with a localized for other zones, and for other purposes; and energy storage system with respect to charg- (2) by adding at the end the following: ing and discharging an onboard energy stor- to the Committee on Energy and Nat- age device, such as a battery. ‘‘Subpart B—National Renewable Energy ural Resources. ‘‘(9) HIGH-VOLTAGE ELECTRIC TRANSMISSION Zones Mr. REID. Mr. President, I ask unan- FACILITY.—The term ‘high-voltage electric imous consent that the text of the bill ‘‘SEC. 231. DEFINITIONS. transmission facility’ means an electric ‘‘In this subpart: be printed in the RECORD. transmission facility that— ‘‘(1) BIOMASS.— ‘‘(A) is necessary for the transmission of There being no objection, the text of ‘‘(A) IN GENERAL.—The term ‘biomass’ the bill was ordered to be printed in electric power from a national renewable en- means— ergy zone to an electricity-consuming area the RECORD, as follows: ‘‘(i) any lignin waste material that is seg- in interstate commerce; and regated from other waste materials and is S. 2076 ‘‘(B) has a capacity in excess of 200 kilo- determined to be nonhazardous by the Ad- volts. Be it enacted by the Senate and House of Rep- ministrator of the Environmental Protection ‘‘(10) INDIAN LAND.—The term ‘Indian land’ resentatives of the United States of America in Agency; and means— Congress assembled, ‘‘(ii) any solid, nonhazardous, cellulosic ‘‘(A) any land within the limits of any In- SECTION 1. SHORT TITLE. material that is derived from— dian reservation, pueblo, or rancheria; This Act may be cited as the ‘‘Clean Re- ‘‘(I) mill residue, precommercial thinnings, ‘‘(B) any land not within the limits of any newable Energy and Economic Development slash, brush, or nonmerchantable material; Indian reservation, pueblo, or rancheria title Act’’. ‘‘(II) solid wood waste materials, including to which was, on the date of enactment of a waste pallet, a crate, dunnage, manufac- SEC. 2. FINDINGS. this subpart— turing and construction wood wastes, and ‘‘(i) held in trust by the United States for Congress finds that— landscape or right-of-way tree trimmings; (1) electricity produced from renewable re- the benefit of any Indian tribe or individual; ‘‘(III) agriculture waste, including an or- or sources— chard tree crop, a vineyard, a grain, a leg- (A) helps to reduce emissions of greenhouse ‘‘(ii) held by any Indian tribe or individual ume, sugar, other crop byproducts or resi- subject to restriction by the United States gases and other air pollutants; dues, and livestock waste nutrients; or (B) enhances national energy security; against alienation; ‘‘(IV) a plant that is grown exclusively as ‘‘(C) any dependent Indian community; and (C) conserves water and finite resources; a fuel for the production of electricity. and ‘‘(D) any land conveyed to any Alaska Na- ‘‘(B) INCLUSIONS.—The term ‘biomass’ in- tive corporation under the Alaska Native (D) provides substantial economic benefits, cludes animal waste that is converted to a including job creation and technology devel- Claims Settlement Act (42 U.S.C. 1601 et fuel rather than directly combusted, the res- seq.). opment; idue of which is converted to a biological fer- (2) the potential exists for a far greater ‘‘(11) NETWORK UPGRADE.—The term ‘net- tilizer, oil, or activated carbon. work upgrade’ means an addition, modifica- percentage of electricity generation in the ‘‘(C) EXCLUSIONS.—The term ‘biomass’ does United States to be achieved through the use tion, or upgrade to the transmission system not include— of a transmission provider required at or be- of renewable resources, as compared to the ‘‘(i) municipal solid waste; percentage of electricity generation using yond the point at which the generator inter- ‘‘(ii) paper that is commonly recycled; or connects to the transmission system of the renewable resources in existence as of the ‘‘(iii) pressure-treated, chemically-treated, date of enactment of this Act; transmission provider to accommodate the or painted wood waste. interconnection of 1 or more generation fa- (3) many of the best potential renewable ‘‘(2) COMMISSION.—The term ‘Commission’ cilities to the transmission system of the energy resources are located in rural areas means the Federal Energy Regulatory Com- transmission provider. far from population centers; mission. ‘‘(12) RENEWABLE ELECTRICITY CONNECTION (4) the lack of adequate electric trans- ‘‘(3) DISTRIBUTED GENERATION.—The term FACILITY.— mission capacity is a primary obstacle to the ‘distributed generation’ means— ‘‘(A) IN GENERAL.—The term ‘renewable development of electric generation facilities ‘‘(A) reduced electricity consumption from electricity connection facility’ means an fueled by renewable energy resources; the electric grid because of use by a cus- electricity generation or transmission facil- (5) the economies of many rural areas tomer of renewable energy generated at a ity that uses renewable energy sources. would substantially benefit from the in- customer site; and ‘‘(B) INCLUSIONS.—The term ‘renewable creased development of water-efficient elec- ‘‘(B) electricity or thermal energy produc- electricity connection facility’ includes in- tric generation facilities fueled by renewable tion from a renewable energy resource for a verters, substations, transformers, switching energy resources; customer that is not connected to an electric units, storage units and related facilities, (6) more efficient use of existing trans- grid or thermal energy source pipeline. and other electrical equipment necessary for mission capacity, better integration of re- ‘‘(4) ELECTRICITY CONSUMING AREA.—The the development, siting, transmission, stor- sources, and greater investments in distrib- term ‘electricity consuming area’ means the age, and interconnection of electricity gen- uted generation and off-grid solutions may area within which electric energy would be erated from renewable energy sources. increase the availability of transmission and consumed if new high-voltage electric trans- ‘‘(13) RENEWABLE ENERGY CREDIT.—The distribution capacity for adding renewable mission facilities were to be constructed to term ‘renewable energy credit’ means a resources and help keep ratepayer costs low; access renewable electricity in a national re- unique instrument representing 1 or more (7) the Federal Government has not ade- newable energy zone. units of electricity generated from renew- quately invested in or implemented an inte- ‘‘(5) ELECTRICITY FROM RENEWABLE EN- able energy that is designated by a widely- grated approach to accelerating the develop- ERGY.—The term ‘electricity from renewable recognized certification organization ap- ment, commercialization, and deployment of energy’ means— proved by the Commission or the Secretary renewable energy technologies and renew- ‘‘(A) electric energy generated from solar of Energy. able electricity generation, including energy, wind, biomass, landfill gas, the ocean ‘‘(14) RENEWABLE ENERGY TRUNKLINE.— through enhancing distributed generation or (including tidal, wave, current, and thermal ‘‘(A) IN GENERAL.—The term ‘renewable en- through vehicle- and transportation-sector energy), geothermal energy, or municipal ergy trunkline’ means all transmission fa- use; and solid waste; or cilities and equipment within a national re- (8) it is in the national interest for the ‘‘(B) new hydroelectric generation capacity newable energy zone owned, controlled, or Federal Government to implement policies achieved from increased efficiency, or an ad- operated by a transmission provider that is that would enhance the quantity of electric dition of new capacity, at an existing hydro- used to deliver electricity from renewable transmission capacity available to take full electric project. energy to the point at which the facility con- advantage of the renewable energy resources ‘‘(6) FEDERAL TRANSMITTING UTILITY.—The nects to a high-voltage transmission facility, available to generate electricity, and to term ‘Federal transmitting utility’ means— including any modifications, additions or up- more fully integrate renewable energy into ‘‘(A) a Federal power marketing agency grades to the facilities and equipment, at a the energy policies of the United States, and that owns or operates an electric trans- voltage of 115 kilovolts or more. to address the tremendous national security mission facility; and ‘‘(B) EXCLUSION.—The term ‘renewable en- and global warming challenges of the United ‘‘(B) the Tennessee Valley Authority. ergy trunkline’ does not include a network States. ‘‘(7) FUEL CELL VEHICLE.—The term ‘fuel upgrade. SEC. 3. NATIONAL RENEWABLE ENERGY ZONES. cell vehicle’ means an onroad vehicle or ‘‘SEC. 232. DESIGNATION OF NATIONAL RENEW- (a) IN GENERAL.—Title II of the Federal nonroad vehicle that uses a fuel cell (as de- ABLE ENERGY ZONES. Power Act (16 U.S.C. 824 et seq.) is amend- fined in section 803 of the Spark M. Matsu- ‘‘(a) DESIGNATIONS.— ed— naga Hydrogen Act of 2005 (42 U.S.C. 16152)). ‘‘(1) IN GENERAL.—Except as provided in (1) by inserting before the section heading ‘‘(8) GRID-ENABLED VEHICLE.—The term paragraph (2), not later than 1 year after the of section 201 (16 U.S.C. 824 et seq.) the fol- ‘grid-enabled vehicle’ means an electric drive date of enactment of this subpart, the Presi- lowing: vehicle or fuel cell vehicle that has the abil- dent shall designate as a national renewable

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11858 CONGRESSIONAL RECORD — SENATE September 20, 2007 energy zone each geographical area that, as other renewable electricity connection facil- newable electricity connection facilities fi- determined by the President— ity located in 2 or more States and added in nanced pursuant to paragraph (2) from enti- ‘‘(A) has the potential to generate in ex- a national renewable energy zone after the ties using the transmission facilities over a cess of 1 gigawatt of electricity from renew- date of enactment of this subpart recovers period of 50 years. able energy, a significant portion of which all prudently incurred costs, and a reason- ‘‘(C) NONLIABILITY OF CERTAIN CUS- could be generated in a rural area or on Fed- able return on equity, associated with the TOMERS.—Individuals and entities that, as of eral land within the geographical area; new transmission capacity. the date of enactment of this subpart, are ‘‘(B) has an insufficient level of electric ‘‘(b) ALTERNATIVE TRANSMISSION FINANCING customers of a Federal transmitting utility transmission capacity to achieve the poten- MECHANISM.— shall not be liable for the costs, in the form tial described in subparagraph (A); and ‘‘(1) IN GENERAL.—The Commission shall of increased rates charged for electricity or ‘‘(C) has the capability to contain addi- permit a renewable energy trunkline built by transmission, of renewable electricity con- tional renewable energy electric generating a public utility transmission provider in a nection facilities constructed pursuant to facilities that would generate electricity national renewable energy zone to be ini- this section, except to the extent the cus- consumed in 1 or more electricity consuming tially funded through a transmission charge tomers are treated in a manner similar to all areas if there were a sufficient level of trans- imposed on all transmission customers of the other users of the renewable electricity con- mission capacity. transmission provider or, if the renewable nection facilities. energy trunkline is built in an area served ‘‘(2) EXCLUSIONS.—The President shall not ‘‘(d) OPERATION OF HIGH-VOLTAGE TRANS- include in any national renewable energy by a regional transmission organization or MISSION LINES USING RENEWABLE ENERGY RE- zone designated under paragraph (1) any Fed- independent system operator, all of the SOURCES.— eral land that (as of the date of enactment of transmission customers of the transmission ‘‘(1) PUBLIC UTILITIES FINANCING LIMITA- this subpart) is designated as a wilderness operator, if the Commission finds that— TION.—The regulations promulgated pursu- study area, national park, national monu- ‘‘(A) the renewable energy resources that ant to this section shall, to the maximum would use the renewable energy trunkline ment, national wildlife refuge, or area of extent practicable, ensure that not less than are remote from the grid and load centers; critical environmental concern, if the Fed- 75 percent of the capacity of any high-volt- ‘‘(B) the renewable energy trunkline will eral land is subject to protective manage- age transmission lines financed pursuant to likely result in multiple individual renew- ment policies that are inconsistent with en- subsection (c) is used for electricity from re- able energy electric generation projects ergy development. newable energy. being developed by multiple competing de- ‘‘(b) RENEWABLE ENERGY REQUIREMENTS.— ‘‘(2) NON-PUBLIC UTILITIES ACCESS LIMITA- velopers; and In making the designations required by sub- TION.—Notwithstanding section 368 of the section (a), the President shall take into ac- ‘‘(C) the renewable energy trunkline has at Energy Policy Act of 2005 (42 U.S.C. 15926), count Federal and State requirements for least 1 project subscribed through an exe- the Commission shall promulgate regula- utilities to incorporate renewable energy as cuted generation interconnection agreement tions to ensure, to the maximum extent part of the load of electric generating facili- with the transmission provider and has tan- practicable, that not less than 75 percent of ties. gible demonstration of additional interest. the capacity of high-voltage transmission fa- ‘‘(2) NEW ELECTRIC GENERATION PROJECTS.— ‘‘(c) CONSULTATION.—Before making any cilities sited primarily or partially on Fed- As new electric generation projects are con- designation under subsection (a), the Presi- eral land and constructed after the date of structed and interconnected to the renew- dent shall consult with— enactment of this subpart is used for elec- able energy trunkline, the transmission serv- ‘‘(1) the Governors of affected States; tricity from renewable energy. ‘‘(2) the public; ices contract holder for the generation project shall, on a prospective basis, pay a ‘‘SEC. 234. FEDERAL POWER MARKETING AGEN- ‘‘(3) public and private electricity and CIES. pro rata share of the facility costs of the re- transmission utilities and cooperatives; ‘‘(a) PROMOTION OF RENEWABLE ENERGY AND newable energy trunkline, thus reducing the ‘‘(4) public utilities commissions and re- ENERGY EFFICIENCY.—Each Federal transmit- gional electricity planning organizations; effect on the rates of customers of the public ting utility shall— ‘‘(5) Federal and State land management utility transmission provider. ‘‘(1) identify and take steps to promote en- ‘‘(c) FEDERAL TRANSMITTING UTILITIES.— and energy and environmental agencies; ergy conservation and renewable energy ‘‘(1) IN GENERAL.—Not later than 1 year ‘‘(6) renewable energy companies; electric resource development in the regions after the designation of a national renewable ‘‘(7) local government officials; served by the Federal transmitting utility; energy zone, a Federal transmitting utility ‘‘(8) renewable energy and energy effi- ‘‘(2) use the purchasing power of the Fed- that owns or operates 1 or more electric ciency interest groups; eral transmitting utility to acquire, on be- transmission facilities in a State with a na- ‘‘(9) Indian tribes; and half of the Federal Government, electricity tional renewable energy zone shall identify ‘‘(10) environmental protection and land, from renewable energy and renewable energy specific additional high-voltage or other re- water, and wildlife conservation groups. credits in sufficient quantities to meet the newable electricity connection facilities re- ‘‘(d) RECOMMENDATIONS.—Not sooner than 3 requirements of section 203 of the Energy quired to substantially increase the genera- years after the date of enactment of this sub- Policy Act of 2005 (42 U.S.C. 15852); and tion of electricity from renewable energy in part, and triennially thereafter, the Sec- ‘‘(3) identify opportunities to promote the the national renewable energy zone. retary of Energy and the Federal transmit- development of facilities generating elec- ‘‘(2) LACK OF PRIVATE FUNDS.—If, by the ting utilities, in cooperation with the Direc- tricity from renewable energy on Indian date that is 3 years after the date of enact- tor of the Bureau of Land Management, the land. ment of this subpart, no privately-funded en- Director of the United States Geological ‘‘(b) WIND INTEGRATION PROGRAMS.—The Survey, the Commissioner of Reclamation, tity has committed to financing (through Bonneville Power Administration and the the Director of the Forest Service, the Direc- self-financing or through a third-party fi- Western Area Power Administration shall tor of the United States Fish and Wildlife nancing arrangement with a Federal trans- each establish a program focusing on the im- Service, and the Secretary of Defense, and mitting utility) to ensure the construction provement of the integration of wind energy after consultation with the Governors of the and operation of a high-voltage or other re- into the transmission grids of those Admin- States, shall recommend to the President newable electricity connection facility iden- istrations through the development of trans- and Congress— tified pursuant to paragraph (1) by a speci- mission products, including through the use ‘‘(1) specific areas with the greatest poten- fied date, the Federal transmitting utility of Federal hydropower resources, that— tial for environmentally acceptable renew- responsible for the identification shall fi- ‘‘(1) take into account the intermittent na- able energy resource development; and nance such a transmission facility if the ture of wind electric generation; and ‘‘(2) any modifications of laws (including Federal transmitting utility has sufficient ‘‘(2) do not impair electric reliability. regulations) and resource management plans bonding authority under paragraph (3). ‘‘(c) SOLAR INTEGRATION PROGRAM.—Each necessary to fully achieve that potential, in- ‘‘(3) BONDING AUTHORITY.— of the Federal Power Administrations and cluding identifying improvements to permit ‘‘(A) IN GENERAL.—In addition to any other the Tennessee Valley Authority shall estab- application processes involving military and authority to issue and sell bonds, notes, and lish a program to carry out projects focusing civilian agencies. other evidence of indebtedness, a Federal on the integration of solar energy, through ‘‘(e) REVISION OF DESIGNATIONS.—Based on transmitting utility may issue and sell photovoltaic concentrating solar systems the recommendations received under sub- bonds, notes, and other evidence of indebted- and other forms and systems, into the re- section (d), the President may revise the des- ness in an amount not to exceed, at any 1 spective transmission grids and into remote ignations made under subsection (a), as ap- time, an aggregate outstanding balance of and distributed applications in the respec- propriate. $10,000,000,000, to finance the construction of tive service territories of the Federal Power ‘‘SEC. 233. ENCOURAGING CLEAN ENERGY DEVEL- transmission facilities identified pursuant to Administrations and Tennessee Valley Au- OPMENT IN NATIONAL RENEWABLE paragraph (1) for the principal purposes of— thority, that— ENERGY ZONES. ‘‘(i) increasing the generation of elec- ‘‘(1) take into account the solar energy ‘‘(a) COST RECOVERY.—The Commission tricity from renewable energy; and cycle; shall promulgate such regulations as are ‘‘(ii) conveying that electricity to an elec- ‘‘(2) maximize the use of Federal land for necessary to ensure that a public utility tricity consuming area. generation or energy storage, where appro- transmission provider that finances a high- ‘‘(B) RECOVERY OF COSTS.—A Federal trans- priate; and voltage electric transmission facility or mitting utility shall recover the costs of re- ‘‘(3) do not impair electric reliability.

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11859 ‘‘(d) GEOTHERMAL INTEGRATION PROGRAM.— costs of new high-voltage electric trans- commonsense food safety guidelines. The Bonneville Power Administration and mission facilities built in the area by 1 or Those guidelines currently are only the Western Area Power Administration more public utility transmission providers voluntary. Now, obviously, it would be shall establish a joint program to carry out (recognizing the national and regional bene- a waste of resources to require the projects focusing on the development and in- fits associated with increased access to elec- tegration of geothermal energy resources tricity from renewable energy) pursuant to a same stringent controls for, say, apples into the respective transmission grids of the rolled-in transmission charge. that we would require for leafy green Bonneville Power Administration and the ‘‘(4) FEDERAL TRANSMITTING UTILITY.— produce. That is why the bill requires Western Area Power Administration, as well Nothing in this subsection expands, directly FDA to establish national standards as non-grid, distributed applications in those or indirectly, the jurisdiction of the Com- tailored to specific types of produce service territories, including projects com- mission with respect to any Federal trans- and the particular risk factors arising bining geothermal energy resources with mitting utility.’’. from the way each is grown and han- (c) CONFORMING AMENDMENTS.— biofuels production or other industrial or dled. The legislation also requires commercial uses requiring process heat in- (1) Section 3 of the Federal Power Act (42 puts, that— U.S.C. 796) is amended by adding at the end stepped-up inspections of operations ‘‘(1) maximize the use of Federal land for the following: that grow and process fresh produce, the projects and activities; ‘‘(30) ELECTRIC DRIVE VEHICLE.— such as spinach or lettuce. ‘‘(2) displace fossil fuel baseload generation ‘‘(A) IN GENERAL.—The term ‘electric drive Other key provisions of the bill in- or petroleum imports; and vehicle’ means a vehicle that uses— clude a surveillance system to identify ‘‘(i) an electric motor for all or part of the ‘‘(3) improve electric reliability. and stop the sources of fresh produce ‘‘(e) RENEWABLE ELECTRICITY AND ENERGY motive power of the vehicle; and SECURITY PROJECTS.— ‘‘(ii) off-board electricity wherever prac- contamination, and a research program ‘‘(1) IN GENERAL.—The Federal transmit- ticable. to better understand and prevent con- ting utilities, shall, in consultation with the ‘‘(B) INCLUSIONS.—The term ‘electric drive tamination of produce. The legislation Commission, the Secretary, the National As- vehicle’ includes— would also require FDA to write rules sociation of Regulatory Utility Commis- ‘‘(i) a battery electric vehicle; to ensure that imported produce has sioners, and such other individuals and enti- ‘‘(ii) a plug-in hybrid electric vehicle; and been grown and processed under the ties as are necessary, undertake geographi- ‘‘(iii) a plug-in hybrid fuel cell vehicle.’’. same standards that we will have in (2) Subpart A of part II of the Federal cally diverse projects within the respective the United States. service territories of the utilities to acquire Power Act (as redesignated by subsection and demonstrate grid-enabled and nongrid- (a)) is amended— The Fresh Produce Safety Act is enabled plug-in electric and hybrid electric (A) in the heading of section 201, by strik- timely for another reason. Eating vehicles and related technologies as part of ing ‘‘PART’’ and inserting ‘‘SUBPART’’; and fruits and vegetables promotes lower their fleets of vehicles. (B) by striking ‘‘this Part’’ each place it body weight, stronger bones, and lower ‘‘(2) INCREASE IN RENEWABLE ENERGY USE.— appears and inserting ‘‘this subpart’’. risk of developing diet-related diseases To the maximum extent practicable, each project conducted pursuant to any of sub- By Mr. HARKIN (for himself, Mr. such as diabetes. In recent years, major sections (b) through (d) shall include a com- KOHL, and Mr. DURBIN): efforts and investments have encour- ponent to develop vehicle technology, utility S. 2077. A bill to establish a program aged people to eat these healthful systems, batteries, power electronics, or to assure the safety of fresh produce in- foods. It can only turn people away such other related devices as are able to sub- tended for human consumption, and for from healthy eating to have contin- stitute, as the main fuel source for vehicles, other purposes; to the Committee on uous instances of E. coli contamination transportation-sector petroleum consump- and fresh produce recalls. tion with electricity from renewable energy Agriculture, Nutrition, and Forestry. sources. Mr. HARKIN. Mr. President, a year The American people need to have ‘‘SEC. 235. RELATIONSHIP TO OTHER LAWS. ago, there was a large-scale outbreak confidence that their fruits and vegeta- ‘‘Nothing in this subpart supersedes or af- of food-borne illness caused by a viru- bles are produced and handled in a safe fects any Federal environmental, public lent strain of E. coli in fresh bagged and wholesome manner. That is ex- health or public land protection, or historic spinach. More than 200 people became actly the goal of the Fresh Produce preservation law, including— ill, and three died. Since then, U.S. Safety Act. ‘‘(1) the National Environmental Policy consumers have been bombarded with Act of 1969 (42 U.S.C. 4321 et seq.); news of repeated cases of contaminated By Mr. LAUTENBERG: ‘‘(2) the Endangered Species Act of 1973 (16 food—everything from peanut butter to U.S.C. 1531 et seq.); and S. 2080. A bill to amend the Federal ‘‘(3) the National Historic Preservation Act seafood to pet food. Just this week, Water Pollution Control Act to ensure (16 U.S.C. 470 et seq.).’’. there was a recall of a Dole bagged that sewage treatment plants monitor (b) TRANSMISSION COST ALLOCATION.—Sec- salad product because of E. coli con- for and report discharges of raw sew- tion 206 of the Federal Power Act (16 U.S.C. tamination. age, and for other purposes; to the 824e) is amended by adding at the end the fol- We need to restore the public’s con- Committee on Environment and Public lowing: fidence in American fresh produce and Works. ‘‘(f) TRANSMISSION COST ALLOCATION.— the agency that regulates it. To that ‘‘(1) IN GENERAL.—Not later than 180 days end, I am introducing the Fresh Mr. LAUTENBERG. Mr. President, I after the date on which the President des- Produce Safe Act of 2007. My colleague rise today to introduce legislation to ignates an area as a national renewable en- protect health and safety by notifying ergy zone under section 232, the State utility Senator KOHL has joined me in co-spon- soring this legislation, and our aim is the public when there are potentially commissions or other appropriate bodies harmful sewage overflows in our having jurisdiction over the public utilities to create, for the first time, an effec- providing service in the national renewable tive national food safety framework for streams, rivers, and coastal waters. energy zone or an adjacent electricity con- all fresh produce. This legislation, the Sewage Overflow suming area may jointly propose to the Com- Industry groups are acutely aware of Right-to-Know Act, would amend the mission a cost allocation plan for high-volt- the need to restore consumer con- Clean Water Act to require that owners age electric transmission facilities built by a fidence. For instance, the California and operators of publicly owned treat- public utility transmission provider that ment works monitor their systems and would serve the electricity consuming area. leafy green produce industry has come up with a marketing agreement to cer- notify the public when there is a sew- ‘‘(2) APPROVAL.—The Commission may ap- age overflow with the potential to af- prove a plan proposed under paragraph (1) if tify the safety of its products. The the Commission determines that— Florida tomato industry has pushed fect public health. ‘‘(A) taking into account the users of the the State to inspect and regulate its The Clean Water Act is soon to cele- transmission facilities, the plan will result products. But this regional, patchwork brate its 35th anniversary, and despite in rates that are just and reasonable and not approach is simply not adequate. We great gains we are still far from achiev- unduly discriminatory or preferential; and need a national program to ensure the ing the goal of eliminating pollution ‘‘(B) the plan would not unduly inhibit the discharges. EPA estimates that there development of renewable energy electric safety of all fresh produce all across generation projects. the country. are between 23,000 and 75,000 sanitary ‘‘(3) COST ALLOCATION.—Unless a plan is ap- Under the Fresh Produce Safety Act, sewer overflows each year. Those spills proved by the Commission under paragraph FDA would have the authority to re- dump between 3 billion and 10 billion (2), the Commission shall fairly allocate the quire produce companies to follow gallons of untreated sewage into our

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11860 CONGRESSIONAL RECORD — SENATE September 20, 2007 rivers, lakes and coastal waters annu- S. 2082. A bill to amend the Public dence and understand what environ- ally. In addition, combined sewer over- Health Service Act to establish a Co- mental pollutants exist in those neigh- flows spill 850 billion gallons of con- ordinated Environmental Public borhoods, we cannot adequately ad- taminated stormwater into our water- Health Network, and for other pur- dress the risks posed to our health. ways each year. poses; to the Committee on Health, The legislation I am introducing Increased investment in our waste- Education, Labor, and Pensions. today will help us to understand those water infrastructure is sorely needed Mrs. CLINTON. Mr. President, today, links. In establishing a coordinated en- to avoid having water quality return to I am proud to join with my colleagues vironmental public health network, we what it was in the 1970s. This is why I Senator HATCH and Senator REID to in- can better track chronic diseases like chaired a hearing of the Environment troduce the Coordinated Environ- cancer, asthma, and autism. We can es- and Public Works Committee’s Trans- mental Public Health Network Act. tablish critical information sharing be- portation Safety, Infrastructure Secu- More than 40 years ago, in her sem- tween the Centers for Disease Control rity and Water Quality Subcommittee inal work Silent Spring, Rachel Carson and Prevention and the Environmental yesterday on clean water funding, and noted that ‘‘For the first time in the Protection Agency, so that those agen- I look forward to working to reauthor- history of the world every human being cies can pool the information that can ize the Clean Water State Revolving is now subjected to contact with dan- help researchers and the public identify Fund this Congress. gerous chemicals from the moment of and address risks. We can increase our While we work toward closing the in- conception until death.’’ resources for biomonitoring, so that we frastructure funding gap and reducing Her words remain true today. Not can measure levels of exposure to sewage pollution, we must also keep only are we subjected to chemicals, but chemicals. And we can improve our en- citizens safe by informing them when we often don’t have an understanding vironmental public health capacity, so there are sewage overflows. The EPA of the impact of these chemicals upon that we have professionals who are estimates that up to 3.5 million people our health and the health of our chil- trained to engage in rapid response to get sick each year from recreational dren. I believe that it is past time for environmental health risks across our contact with waters contaminated by us to begin making the investments in country. sanitary sewer overflows alone. research and technology that will The Coordinated Environmental Pub- Currently, citizens are often need- allow us to understand the impact of lic Health Tracking Network will allow lessly unaware of sewage overflows. Al- the environmental exposures we face us to make enormous gains in our un- though some individual utilities do an every day. derstanding of environmental health, excellent job of public notification, We know that chronic diseases like and give us the data necessary to make many do not provide any communica- asthma, heart and lung disease—the improvements for the health of our tion to the public. The Clean Water Act chronic diseases that result in more communities. does not require public notification than $750 billion in health care costs I would like to thank Senators HATCH under the National Pollutant Dis- every year—are caused by three fac- and REID for joining me to raise aware- charge Elimination System for sani- tors: genetics, behavior, and the envi- ness about these issues, and I look for- tary sewer overflows, and State re- ronment. ward to working with my colleagues on quirements, where they exist, are ex- Since the publication of Silent the Health, Education, Labor and Pen- tremely variable. This legislation Spring in 1962, we have come a long sions Committee to move this bill for- would remedy that situation by ensur- way in understanding two of those ward. ing that publicly-owned treatment three factors. Through initiatives like I ask unanimous consent to have works employ a monitoring system to the Human Genome Project, we have printed in the RECORD a letter of sup- alert the operators when there is an been making incredible strides in our port. There being no objection, the mate- overflow, and relaying that informa- understanding of the science of genet- rial was ordered to be placed in the tion to the public when there is poten- ics, so that we can better prevent and tial harm to the public’s health. In RECORD, as follows: treat diseases. We have made strides in SEPTEMBER 19, 2007. cases where the overflow has the poten- behavior change, with initiatives like Hon. HILLARY CLINTON, tial for imminent and substantial smoking cessation campaigns resulting harm, public health authorities and U.S. Senate, in a reduction of some of these behav- Washington, DC. other affected entities, such as local ioral threats to our health. drinking water treatment plants, must Hon. ORRIN HATCH, But we need to make more progress U.S. Senate, also be notified. in our understanding of how the envi- Washington, DC. This legislation also requires annual ronment impacts our health. Far too DEAR SENATORS CLINTON AND HATCH: The reporting to EPA or the State with a often, these are silent health hazards undersigned organizations join in supporting summary of all overflows and the plans the Coordinated Environmental Public that manifest themselves in unex- in place to address the overflows. This Health Network Act of 2007. We are pleased pected cancers or other diseases. Yet will help provide a more comprehensive that your bill would require the Secretary of we have no systematic way to collect picture of sewage infrastructure prob- Health and Human Services to establish and lems, and increase public awareness of and analyze the data that will allow us operate a Coordinated Environmental Public to make the linkages between environ- Health Network and operate and maintain needed repairs and upgrades. National Environmental Health Rapid Re- Clean water and public health are mental hazards and chronic illness clusters in various communities. sponse Services. priorities for New Jersey. Some sewer Chronic diseases cause 70 percent of deaths pipes in my State date back 150 years, Take, for example, central Harlem, in the U.S. and are responsible for three- and overflows are becoming more com- where one out of every four children quarters of health care spending. Yet, our mon. In one event earlier this year, 150 has asthma. Or Fallon, Nevada—a public health system lacks the tools it needs million gallons of untreated sewage small town with about 8,000 residents— to gather sufficient information about these mixed with stormwater spilled into the where I attended an Environment and diseases. The air that we breathe and the Public Works Committee hearing back water that we drink can jeopardize our Hackensack River. The Sewage Over- health if contaminated with chemical, bio- flow Right to Know Act establishes in 2001 where we examined the high rates of leukemia among children in logical or other hazards. It is critical that we public notification of health risks have the ability to track the relationship be- posed by sewage overflows to keep our that community. There are examples tween environmental exposures and the inci- residents healthy while we continue to like this from all over the country— dence and distribution of disease. work to reduce sewage pollution. often from minority or low-income In Fiscal Year 2002, Congress provided the I ask unanimous consent that the communities that bear a dispropor- Centers for Disease Control and Prevention (CDC) with funding to develop the National full text of the bill be printed in the tionate burden of environmental pollu- tion—and we need to do more to pro- Environmental Public Health Tracking Pro- RECORD immediately following my gram to coordinate local, state, and federal statement. tect the health of Americans who are health agencies’ collection of critical data. daily living with environmental haz- CDC selected pilot programs as testing By Mrs. CLINTON (for herself, ards. But if we don’t have information grounds for the tracking program. Unfortu- Mr. HATCH, and Mr. REID): to identify areas of high disease inci- nately, despite important information

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11861 gleaned from the pilot programs, due to lim- sociation of Health Data Organization, area through its National Environ- ited funding, in August 2006 CDC was able to National Disease Clusters Alliance, Na- mental Public Health Tracking Pro- award funding to only 16 states and one city. tional Research Center for Women & gram—in which my home State of Utah This important program must be expanded Families, Olympic Environmental is a participant—currently, no network to all 50 states. Council, Oregon Environmental Coun- The Network would provide valuable infor- cil, Pesticide Action Network North exists to track environmental health mation that health officials and commu- America, Physicians for Social Respon- data full-scale at the national level. nities could use to monitor where and when sibility, PTAirWatchers.org, Research Furthermore, at the state and local chronic diseases occur and to assess their po- Institute for Independent Living, levels, environmental quality programs tential links to environmental hazards. It Sciencecorps, Tulane Center for Ap- and classic public health programs are would coordinate among existing surveil- plied Environmental Public Health, almost always based in different agen- lance and data collection systems. The Rapid Tulane School of Public Health and Response Services would provide an impor- cies. Tropical Medicine, Women’s Voices for This disconnection among environ- tant service by helping to develop strategies the Earth. and protocols for a coordinated rapid re- mental health projects at local, state, sponse to higher than expected incidence of Mr. HATCH. Mr. President, I am and Federal levels jeopardizes our pro- chronic conditions and potential environ- pleased to join my colleagues, Senator tection against environmental health mental exposures. CLINTON and Senator REID, in intro- threats. The threat of terrorist attacks Your bill also recognizes the value of ex- ducing today the Coordinated Environ- with biological or chemical weapons panding the scope and amount of biomoni- mental Health Network Act. toring data collected by the CDC and State has most certainly become a major In modern society, we often take for public health concern; but it is impor- laboratories. Through biomonitoring tech- granted the advances in public health niques, CDC can measure with great preci- tant to keep in mind that weaknesses sion actual levels of chemicals in people’s measures made during the last cen- in the environmental public health in- bodies, investigate exposures, and study the tury. Initiatives like drinking water frastructure have led to large-scale causes of diseases. Enhancing our biomoni- protections and food safety programs vector-, water-, and food-borne out- toring capacity will help expand our knowl- have helped to counterattack infec- breaks of infectious disease. edge of chemical exposures in people and tious disease and add up to 25 years to In the 1998 Institute of Medicine, how these chemicals affect their health. the average human life expectancy. Finally, your bill addresses another need of IOM, Report ‘‘The Future of Public public health infrastructure—assuring a Yet America today is faced by new Health’’, and the Pew Environmental well-trained public health workforce—by de- public health challenges along with re- Health Commission report ‘‘America’s veloping centers of excellence, a scholarship currence of chronic and infectious dis- Environmental Health Gap: Why the program and an applied epidemiology fellow- eases. Chronic diseases account for ap- Country Needs a Nationwide Health ship program. Providing support and incen- proximately 70 percent of all deaths Tracking Network’’, this fragmenta- tives to ensure the availability of a well- every year, most of which are prevent- tion is clearly outlined as contributing trained and robust environmental and public able. These diseases also cause major to disjointed policy development, im- health workforce is a critical component of limitations in daily living for about 25 establishing a well-equipped, modern public balanced service delivery and a gen- health system. million Americans and contribute erally weakened public health effort. It is the Federal Government that must more than $750 million to annual The IOM report recommended that provide the national leadership and re- health care costs. state and local health agencies sources to initiate the action required to As an example of a new health strengthen their capacities for identi- protect Americans from environmental haz- threat, the West Nile virus had never fication, understanding and control of ards. The Coordinated Environmental Public before been detected in this hemisphere environmental problems as health haz- Health Network Act of 2007 is a necessary before the 2000 outbreak in New York. step that will help provide potentially life- ards. saving information and also improve our In 2007 alone, 1,982 human cases have The Pew Commission report con- public health infrastructure. We appreciate been reported in almost every State cluded that the environmental health your leadership on this important issue and and the District of Columbia. gap results from the lack of basic infor- look forward to working with you on this Food-borne illnesses are estimated to mation that could document possible and other important public health initiatives cause 5,000 deaths a year; and asthma, links between environmental hazards in the future. a chronic condition, is the number one and chronic disease, as well as informa- Sincerely, reason children miss school and is also tion that our communities and health Trust for America’s Health, Action Now, expected to affect 29 million Americans professionals need to reduce and pre- Adapted Physical Activity Council, Al- within the next decade—more than liance for Healthy Homes, American vent such health problems. In response Association on Intellectual and Devel- twice the current number of people to this problem, the Pew Commission opmental Disabilities, American Col- with asthma. proposed a nationwide health tracking lege of Occupational and Environ- We know that the environment plays network. mental Medicine, American College of an important role in health and human Thirteen top public health groups, in- Preventive Medicine, American Lung development; but we do not know to cluding the American Cancer Society, Association, American Public Health what extent. Scientific researchers American Lung Association, and Amer- Association, Association of Public have linked specific diseases and ican Public Health Association en- Health Laboratories, Breast Cancer Ac- health effects to certain environmental tion, Breast Cancer Fund, California dorsed the Pew report. This endorse- Safe Schools, Catholic Healthcare causes—for instance, infected mosquito ment makes clear the message that the West, Center for Science in the Public bites and the West Nile virus, or asbes- complexity of today’s environmental Interest, Clean Water Action Midwest tos and lung cancer—but many other public health problems requires coordi- Office, Coalition for Clean Air, Com- links remain unproven, such as those nated responses from multiple agencies monweal, Council of State and Terri- between aluminum and Alzheimer’s and organizations. torial Epidemiologists, Environmental disease, or exposure to disinfectant by- The scientific community has also Defense, Environmental Health Net- products and bladder cancer. been asking for the ability to bridge work, Families Against Cancer and The bottom line is that, if we are this environmental health gap. In a Toxics, Healthy Building Network, Healthy Homes Collaborative, Healthy going to prevent disease, researchers 2004 Environmental Health Perspec- Schools Network—Washington, DC, In- need more complete information about tives article, a consortium of public stitute for Agriculture and Trade Pol- environmental factors, their effect on health researchers wrote: icy, Institute for Children’s Environ- people, and the resulting health out- The ‘‘building blocks’’ of knowledge pro- mental Health, Institute of comes. vided by a nationwide environmental public Neurotoxicology & Neurological Dis- The environmental exposure, bio- health tracking network will enable sci- orders, March of Dimes Foundation, monitoring, and incidence of chronic entists to answer many of the troubling Minnesota Center for Environmental and infectious diseases data that do questions we are asking today about what is Advocacy, MOMS (Making Our Milk making us sick. The result will be new pre- Safe), National Association for Public exist are not readily accessible by all vention strategies aimed at reducing and ul- Health Statistics and Information Sys- the appropriate systems. Although the timately preventing many of the chronic dis- tems, National Association of County Centers for Disease Control and Pre- eases and disabling conditions that afflict and City Health Officials, National As- vention, CDC, has begun efforts in this millions of Americans.

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11862 CONGRESSIONAL RECORD — SENATE September 20, 2007 The common theme from these re- that investment in the health of Amer- Resolved, That the Senate— ports, and the message received from ica, and I urge my colleagues to sup- (1) supports the goals and ideals of ‘‘Na- top public health organizations and re- port it. tional Life Insurance Awareness Month’’; searchers, is that there is a pressing and f (2) calls on the Federal Government, need to establish environmental public SUBMITTED RESOLUTIONS States, localities, schools, nonprofit organi- health leadership at the Federal level. zations, businesses, and the citizens of the This legislation will help provide United States to observe the month with ap- that leadership by establishing a Co- SENATE RESOLUTION 323—RECOG- propriate programs and activities. ordinated Environmental Public NIZING KIKKOMAN FOODS, INC., f Health Network. It will make available FOR ITS 50 YEARS OF OPER- AMENDMENTS SUBMITTED AND the infrastructure by which local, ATIONS IN THE UNITED STATES state, and Federal agencies can share PROPOSED environmental public health informa- Mr. KOHL (for himself and Mr. FEIN- SA 2945. Mr. COBURN submitted an tion. GOLD) submitted the following resolu- amendment intended to be proposed by him This bill is designed to build upon the tion; which was referred to the Com- to the bill H.R. 1585, to authorize appropria- recommendations from the scientific mittee on the Judiciary: tions for fiscal year 2008 for military activi- S. RES. 323 ties of the Department of Defense, for mili- and public health communities, as well tary construction, and for defense activities Whereas Kikkoman Foods, Inc., is cele- as the program that the CDC has al- of the Department of Energy, to prescribe brating its 50th anniversary of business in ready begun to carry out. military personnel strengths for such fiscal the United States during the year 2007; The Coordinated Environmental year, and for other purposes; which was or- Whereas Kikkoman Foods established sales Health Network will connect state sys- dered to lie on the table. operations in San Francisco, California, in SA 2946. Mr. BAUCUS (for himself and Mr. tems that are tracking chronic dis- 1957, expanded production in Walworth, Wis- HATCH) submitted an amendment intended to eases, environmental exposures, and consin, in 1972, and further expanded produc- other risk factors so that the causes of be proposed by him to the bill H.R. 1585, tion in Folsom, California, in 1998; supra; which was ordered to lie on the table. priority chronic diseases can be identi- Whereas Kikkoman Foods annually ships SA 2947. Mrs. BOXER (for herself, Mr. fied, addressed, and ultimately pre- over 30,000,000 gallons of soy sauce through- LEVIN, and Mr. DURBIN) submitted an amend- vented. Public health officials, sci- out North America; ment intended to be proposed to amendment entific researchers, and the general Whereas Kikkoman Foods was one of the SA 2011 proposed by Mr. NELSON of Nebraska public will have the information they first Japanese companies to have a major (for Mr. LEVIN) to the bill H.R. 1585, supra. manufacturing plant in the United States SA 2948. Mr. KYL (for himself, Mr. LIEBER- need to fight against chronic disease. and continues to make a steadfast commit- The Coordinated Environmental MAN, Mr. COLEMAN, and Mr. GRAHAM) sub- ment to the economic and culinary vitality mitted an amendment intended to be pro- Health Network Act will provide states of the United States; and posed to amendment SA 2011 proposed by Mr. with grants to help develop the infra- Whereas Kikkoman Foods, throughout its NELSON of Nebraska (for Mr. LEVIN) to the structure they need in order to partici- 50-year history in the United States, has re- bill H.R. 1585, supra; which was ordered to lie pate in the Nationwide Network. mained steadfast in its devotion to pro- on the table. In order to educate the public and moting international cultural exchange: SA 2949. Mr. THUNE submitted an amend- provide the information needed to fight Now, therefore, be it ment intended to be proposed to amendment Resolved, That the Senate— SA 2011 proposed by Mr. NELSON of Nebraska chronic disease, this bill calls for a Na- (1) recognizes the importance of the con- tional Environmental Health Report (for Mr. LEVIN) to the bill H.R. 1585, supra; tributions made by Kikkoman Foods, Inc., to which was ordered to lie on the table. that will provide annual findings of the the cultural and economic vitality of the SA 2950. Mr. MARTINEZ submitted an Nationwide Health Tracking Network. United States; and amendment intended to be proposed to This bill also aims to expand our en- (2) commends Kikkoman Foods on its 50 amendment SA 2011 proposed by Mr. NELSON vironmental health infrastructure years of marketing and operations in the of Nebraska (for Mr. LEVIN) to the bill H.R. through the establishment and oper- United States. 1585, supra; which was ordered to lie on the ation of regional biomonitoring labs, table. Environmental Health Centers of Ex- SENATE RESOLUTION 324—SUP- SA 2951. Mrs. DOLE submitted an amend- PORTING THE GOALS AND ment intended to be proposed to amendment cellence, applied epidemiology fellow- SA 2011 proposed by Mr. NELSON of Nebraska IDEALS OF ‘‘NATIONAL LIFE IN- ships, and the John. H. Chafee Environ- (for Mr. LEVIN) to the bill H.R. 1585, supra; mental Health Scholarship Program. SURANCE AWARENESS MONTH’’ which was ordered to lie on the table. A survey of registered voters con- Mr. CHAMBLISS (for himself, Mr. SA 2952. Mr. ISAKSON (for himself and Mr. ducted for the Pew Environmental NELSON of Nebraska, Ms. COLLINS, Mr. CHAMBLISS) submitted an amendment in- tended to be proposed to amendment SA 2011 Health Commission indicated that ISAKSON, Mr. LOTT, Mr. PRYOR, Mr. proposed by Mr. NELSON of Nebraska (for Mr. most Americans say that taking a na- ESTER RAHAM OHNSON T , Mr. G , Mr. J , Mr. LEVIN) to the bill H.R. 1585, supra; which was tional approach to tracking environ- SUNUNU, and Mr. WHITEHOUSE) sub- ordered to lie on the table. mental health should be a priority of mitted the following resolution; which SA 2953. Mrs. MURRAY submitted an government at all levels. was considered and agreed to: amendment intended to be proposed to Without comprehensive environ- S. RES. 324 amendment SA 2011 proposed by Mr. NELSON of Nebraska (for Mr. LEVIN) to the bill H.R. mental health tracking, policymakers Whereas life insurance is an essential part 1585, supra; which was ordered to lie on the and public health practitioners lack in- of a sound financial plan; formation that is critical to estab- table. Whereas life insurance provides financial SA 2954. Mr. WARNER submitted an lishing sound environmental health security for families by helping surviving amendment intended to be proposed by him priorities. In addition, the public is in- members meet immediate and long-term fi- to the bill H.R. 1585, supra; which was or- directly denied its right to know about nancial obligations and objectives in the dered to lie on the table. environmental hazards, exposure levels event of a premature death in their family; SA 2955. Mr. WARNER (for himself and Mr. and health outcomes in their commu- Whereas approximately 68,000,000 United MCCAIN) submitted an amendment intended States citizens lack the adequate level of life to be proposed by him to the bill H.R. 1585, nities—information they want and insurance coverage needed to ensure a secure have every reason to expect. supra; which was ordered to lie on the table. financial future for their loved ones; SA 2956. Mr. SMITH (for himself and Mr. Our country has one of the best Whereas life insurance products protect WYDEN) submitted an amendment intended health care systems in the world. Doc- against the uncertainties of life by enabling to be proposed by him to the bill H.R. 1585, tors are now successfully treating ill- individuals and families to manage the fi- supra; which was ordered to lie on the table. nesses that were once considered de- nancial risks of premature death, disability, SA 2957. Mr. LAUTENBERG (for himself, bilitating or even terminal because we and long-term care; and Mr. INOUYE, Mr. SMITH, Mr. STEVENS, and Mr. have made great investments in re- Whereas numerous groups supporting life LOTT) submitted an amendment intended to searching cures and finding treat- insurance have designated September 2007 as be proposed by him to the bill H.R. 1585, ‘‘National Life Insurance Awareness Month’’ supra; which was ordered to lie on the table. ments. It is time to make the same in- as a means to encourage consumers to take SA 2958. Mr. VITTER submitted an amend- vestment in preventing people from be- the actions necessary to achieve financial se- ment intended to be proposed to amendment coming sick in the first place. This bill curity for their loved ones: Now, therefore, SA 2919 submitted by Mr. DURBIN (for him- is an important step forward in making be it self, Mr. HAGEL, Mr. LUGAR, and Mr. HATCH)

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11863 and intended to be proposed to the bill H.R. to the bill H.R. 1585, supra; which was or- SA 2995. Mr. AKAKA (for himself and Mr. 1585, supra; which was ordered to lie on the dered to lie on the table. WEBB) submitted an amendment intended to table. SA 2978. Mr. CHAMBLISS (for himself, Mr. be proposed by him to the bill H.R. 1585, SA 2959. Ms. SNOWE submitted an amend- PRYOR, and Mr. ISAKSON) submitted an supra; which was ordered to lie on the table. ment intended to be proposed to amendment amendment intended to be proposed by him SA 2996. Mr. BIDEN (for himself and Mr. SA 2011 proposed by Mr. NELSON of Nebraska to the bill H.R. 1585, supra; which was or- LUGAR) submitted an amendment intended (for Mr. LEVIN) to the bill H.R. 1585, supra; dered to lie on the table. to be proposed by him to the bill H.R. 1585, which was ordered to lie on the table. SA 2979. Mr. HAGEL (for himself and Mr. supra; which was ordered to lie on the table. SA 2960. Mr. KYL (for himself, Mr. NELSON, BYRD) submitted an amendment intended to SA 2997. Mr. BIDEN (for himself, Mr. of Florida, Mr. SESSIONS, and Mr. THUNE) be proposed to amendment SA 2011 proposed BROWNBACK, Mrs. BOXER, Mr. SPECTER, Mr. submitted an amendment intended to be pro- by Mr. NELSON of Nebraska (for Mr. LEVIN) KERRY, Mr. SMITH, Mr . NELSON, of Florida, posed to amendment SA 2011 proposed by Mr. to the bill H.R. 1585, supra; which was or- Mrs. HUTCHISON, Mr. SCHUMER, Ms. MIKULSKI, NELSON of Nebraska (for Mr. LEVIN) to the dered to lie on the table. and Mrs. LINCOLN) submitted an amendment bill H.R. 1585, supra; which was ordered to lie SA 2980. Mr. HAGEL submitted an amend- intended to be proposed by him to the bill on the table. ment intended to be proposed to amendment H.R. 1585, supra; which was ordered to lie on SA 2961. Mr. DOMENICI submitted an SA 2011 proposed by Mr. NELSON of Nebraska the table. amendment intended to be proposed to (for Mr. LEVIN) to the bill H.R. 1585, supra; SA 2998. Mrs. MURRAY submitted an amendment SA 2011 proposed by Mr. NELSON which was ordered to lie on the table. amendment intended to be proposed by her SA 2981. Mr. DOMENICI submitted an of Nebraska (for Mr. LEVIN) to the bill H.R. to the bill H.R. 1585, supra; which was or- amendment intended to be proposed to 1585, supra; which was ordered to lie on the dered to lie on the table. amendment SA 2011 proposed by Mr. NELSON table. SA 2999. Mr. WEBB (for himself, Mrs. of Nebraska (for Mr. LEVIN) to the bill H.R. SA 2962. Mrs. BOXER (for herself, Mr. LIE- MCCASKILL, Ms. KLOBUCHAR, Mr. BROWN, Mr. 1585, supra; which was ordered to lie on the BERMAN, and Mr. OBAMA) submitted an CASEY, Mr. TESTER, Mr. CARDIN, Mr. WHITE- amendment intended to be proposed by her table. SA 2982. Mr. COLEMAN (for himself, Mr. HOUSE, Mr. SANDERS, Mr. LEVIN, Mr. CARPER, to the bill H.R. 1585, supra; which was or- Mrs. FEINSTEIN, Mr. KERRY , Mr. JOHNSON, dered to lie on the table. INOUYE, and Mr. DOMENICI) submitted an amendment intended to be proposed to Mrs. BOXER, Mr. OBAMA, Mr. LEAHY, Mr. SA 2963. Ms. LANDRIEU submitted an HARKIN, Ms. STABENOW, Mr. DODD, Ms. LAN- amendment intended to be proposed by her amendment SA 2011 proposed by Mr. NELSON of Nebraska (for Mr. LEVIN) to the bill H.R. DRIEU, Mr. FEINGOLD, Mr. BAYH, Mr. PRYOR, to the bill H.R. 1585, supra; which was or- Mr. BYRD, Mr. DURBIN, and Mrs. CLINTON) dered to lie on the table. 1585, supra; which was ordered to lie on the table. submitted an amendment intended to be pro- SA 2964. Mr. DURBIN submitted an amend- posed by him to the bill H.R. 1585, supra; ment intended to be proposed by him to the SA 2983. Mr. COLEMAN (for himself and Ms. COLLINS) submitted an amendment in- which was ordered to lie on the table. bill H.R. 1585, supra; which was ordered to lie SA 3000. Mr. CARDIN (for himself and Ms. on the table. tended to be proposed to amendment SA 2011 MIKULSKI) submitted an amendment in- SA 2965. Mr. DURBIN submitted an amend- proposed by Mr. NELSON of Nebraska (for Mr. LEVIN) to the bill H.R. 1585, supra; which was tended to be proposed by him to the bill H.R. ment intended to be proposed by him to the 1585, supra; which was ordered to lie on the bill H.R. 1585, supra; which was ordered to lie ordered to lie on the table. SA 2984. Mrs. HUTCHISON submitted an table. on the table. SA 3001. Mr. BAUCUS submitted an amend- SA 2966. Mr. KERRY submitted an amend- amendment intended to be proposed by her ment intended to be proposed by him to the ment intended to be proposed by him to the to the bill H.R. 1585, supra; which was or- bill H.R. 1585, supra; which was ordered to lie bill H.R. 1585, supra; which was ordered to lie dered to lie on the table. SA 2985. Mr. ROCKEFELLER (for himself on the table. on the table. and Mr. BOND) submitted an amendment in- SA 3002. Mr. BAUCUS submitted an amend- SA 2967. Mr. KERRY submitted an amend- tended to be proposed to amendment SA 2011 ment intended to be proposed by him to the ment intended to be proposed by him to the proposed by Mr. NELSON of Nebraska (for Mr. bill H.R. 1585, supra; which was ordered to lie bill H.R. 1585, supra; which was ordered to lie LEVIN) to the bill H.R. 1585, supra; which was on the table. on the table. ordered to lie on the table. SA 2968. Mr. KERRY (for himself, Ms. SA 3003. Mrs. McCASKILL (for herself, Mr. SA 2986. Mr. BROWNBACK submitted an PRYOR, Mr. LEAHY, Mr. BOND, Mr. KERRY, Ms. SNOWE, Mr. HAGEL, Ms. LANDRIEU, Mr. LIE- amendment intended to be proposed to MIKULSKI, Mrs. HUTCHISON, Mr. CRAPO, Mr. BERMAN, and Ms. CANTWELL) submitted an amendment SA 2011 proposed by Mr. NELSON amendment intended to be proposed by him VOINOVICH, Mr. SMITH, Mr. ALEXANDER, Mr. of Nebraska (for Mr. LEVIN) to the bill H.R. to the bill H.R. 1585, supra; which was or- MARTINEZ, Mr. HARKIN, Mr. DODD, Mr. NEL- 1585, supra; which was ordered to lie on the dered to lie on the table. SON, of Florida, Mrs. LINCOLN, Mr. WYDEN, table. SA 2969. Mr. KERRY (for himself, Mr. Mr. BROWN, Mrs. MURRAY, and Mr. LUGAR) SA 2987. Mr. BROWNBACK submitted an submitted an amendment intended to be pro- DOMENICI, Mr. HAGEL, Mr. OBAMA, and Mr. amendment intended to be proposed to posed by her to the bill H.R. 1585, supra; TESTER) submitted an amendment intended amendment SA 2011 proposed by Mr. NELSON to be proposed by him to the bill H.R. 1585, which was ordered to lie on the table . of Nebraska (for Mr. LEVIN) to the bill H.R. SA 3004. Mr. OBAMA (for himself, Mr. ENZI, supra; which was ordered to lie on the table. 1585, supra; which was ordered to lie on the SA 2970. Mr. KERRY submitted an amend- and Mrs. MCCASKILL) submitted an amend- table. ment intended to be proposed by him to the ment intended to be proposed by him to the SA 2988. Mr. LEVIN submitted an amend- bill H.R. 1585, supra; which was ordered to lie bill H.R. 1585, supra; which was ordered to lie ment intended to be proposed to amendment on the table. on the table. SA 2011 proposed by Mr. NELSON of Nebraska SA 2971. Mr. SMITH (for himself and Mr. SA 3005. Mr. FEINGOLD (for himself, Mr. (for Mr. LEVIN) to the bill H.R. 1585, supra; WYDEN) submitted an amendment intended CASEY, Mr. KENNEDY, Ms. MIKULSKI, and Mr. which was ordered to lie on the table. COLEMAN) submitted an amendment intended to be proposed by him to the bill H.R. 1585, SA 2989. Mr. DORGAN (for himself and Mr. to be proposed by him to the bill H.R. 1585, supra; which was ordered to lie on the table. DODD) submitted an amendment intended to supra; which was ordered to lie on the table. SA 2972. Mr. MENENDEZ (for himself, Mr. be proposed by him to the bill H.R. 1585, SA 3006. Mr. LEVIN submitted an amend- LAUTENBERG, Mr. HARKIN, and Mr. GRASSLEY) supra; which was ordered to lie on the table. ment intended to be proposed by him to the submitted an amendment intended to be pro- SA 2990. Mr. SANDERS submitted an bill H.R. 1585, supra; which was ordered to lie posed by him to the bill H.R. 1585, supra; amendment intended to be proposed by him on the table. which was ordered to lie on the table. to the bill H.R. 1585, supra; which was or- SA 3007. Mr. LEVIN (for himself and Mr. SA 2973. Mr. MENENDEZ submitted an dered to lie on the table. amendment intended to be proposed by him SA 2991. Mr. CARDIN submitted an amend- MCCAIN) submitted an amendment intended to the bill H.R. 1585, supra; which was or- ment intended to be proposed by him to the to be proposed by him to the bill H.R. 1585, dered to lie on the table. bill H.R. 1585, supra; which was ordered to lie supra; which was ordered to lie on the table. SA 2974. Mr. MCCAIN submitted an amend- on the table. SA 3008. Mr. LEVIN (for himself and Mr. ment intended to be proposed by him to the SA 2992. Mr. NELSON, of Florida sub- MCCAIN) submitted an amendment intended bill H.R. 1585, supra; which was ordered to lie mitted an amendment intended to be pro- to be proposed by him to the bill H.R. 1585, on the table. posed by him to the bill H.R. 1585, supra; supra; which was ordered to lie on the table. SA 2975. Mr. GRAHAM (for himself and Mr. which was ordered to lie on the table. SA 3009. Mr. LEVIN (for himself and Mr. KERRY) submitted an amendment intended SA 2993. Ms. LANDRIEU (for herself and MCCAIN) submitted an amendment intended to be proposed by him to the bill H.R. 1585, Mr. DORGAN) submitted an amendment in- to be proposed by him to the bill H.R. 1585, supra; which was ordered to lie on the table. tended to be proposed by her to the bill H.R. supra; which was ordered to lie on the table. SA 2976. Mr. COBURN submitted an amend- 1585, supra; which was ordered to lie on the SA 3010. Mrs. MCCASKILL (for herself, Mr. ment intended to be proposed by him to the table. BIDEN, Mr. KENNEDY, Mr. BOND, and Mrs. bill H.R. 1585, supra; which was ordered to lie SA 2994. Ms. LANDRIEU submitted an FEINSTEIN) submitted an amendment in- on the table. amendment intended to be proposed by her tended to be proposed by her to the bill H.R. SA 2977. Mr. CHAMBLISS submitted an to the bill H.R. 1585, supra; which was or- 1585, supra; which was ordered to lie on the amendment intended to be proposed by him dered to lie on the table. table.

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SA 3011. Mrs. MCCASKILL submitted an (B) BID REQUIREMENT.—Except as provided tives for which amounts were appropriated amendment intended to be proposed by her in paragraph (3) and pursuant to paragraph or otherwise made available for the fiscal to the bill H.R. 1585, supra; which was or- (4), no contract may be awarded by the De- year ending during such year. dered to lie on the table. partment of Defense through a congressional (2) CONTENT.—Each report submitted under SA 3012. Mr. LAUTENBERG (for himself, initiative unless more than one bid is re- paragraph (1) shall include with respect to Mr. DODD, Mr. COBURN, Mr. HAGEL, and Mr. ceived for such contract. If the primary re- each contract and grant awarded through a FEINGOLD) submitted an amendment in- cipient of funding for a congressional initia- congressional initiative— tended to be proposed by him to the bill H.R. tive is the Department of Defense, the De- (A) the name of the recipient of the funds 1585, supra; which was ordered to lie on the partment must administer a competitive awarded through such contract or grant; table. bidding process for the work to be com- (B) the reason or reasons such recipient SA 3013. Mr. VOINOVICH submitted an pleted. If the primary recipient of funding was selected for such contract or grant; and amendment intended to be proposed by him from a Department of Defense contract (C) the number of entities that competed to the bill H.R. 1585, supra; which was or- awarded through a congressional initiative is for such contract or grant. dered to lie on the table. a private entity, the Department must allow (3) PUBLICATION.—Each report submitted SA 3014. Mr. SESSIONS (for himself, Mrs. multiple private entities to compete for the under paragraph (1) shall be made publicly FEINSTEIN, and Mr. SPECTER) submitted an work to be completed. available through the Internet website of the amendment intended to be proposed by him (2) GRANTS.—Notwithstanding any other Department of Defense. to the bill H.R. 1585, supra; which was or- provision of this Act, no funds may be (c) CONGRESSIONAL INITIATIVE DEFINED.—In dered to lie on the table. awarded by the Department of Defense by this section, the term ‘‘congressional initia- SA 3015. Mr. SESSIONS submitted an grant or cooperative agreement through a tive’’ means a provision of law or a directive amendment intended to be proposed by him congressional initiative unless the process contained within a committee report or joint to the bill H.R. 1585, supra; which was or- used to award such grant or cooperative statement of managers of an appropriations dered to lie on the table. agreement uses competitive procedures to Act that specifies— SA 3016. Mr. HATCH (for himself and Mr. select the grantee or award recipient. Except (1) the identity of a person or entity se- BENNETT) submitted an amendment intended as provided in paragraph (3), no such grant lected to carry out a project, including a de- to be proposed by him to the bill H.R. 1585, may be awarded unless applications for such fense system, for which funds are appro- supra; which was ordered to lie on the table. grant or cooperative agreement are received priated or otherwise made available by that SA 3017. Mr. KYL (for himself, Mr. LIEBER- from two or more applicants that are not provision of law or directive and that was MAN, and Mr. COLEMAN) proposed an amend- from the same organization and do not share not requested by the President in a budget ment to amendment SA 2011 proposed by Mr. any financial, fiduciary, or other organiza- submitted to Congress; tional relationship. NELSON of Nebraska (for Mr. LEVIN) to the (2) the specific location at which the work bill H.R. 1585, supra. (3) WAIVER AUTHORITY.— for a project is to be done; and SA 3018. Mr. SANDERS submitted an (A) IN GENERAL.—If the Secretary of De- (3) the amount of the funds appropriated or amendment intended to be proposed to fense does not receive more than one bid for otherwise made available for such project. a contract under paragraph (1)(B) or does not amendment SA 2011 proposed by Mr. NELSON (d) APPLICABILITY.—This section shall receive more than one application from unaf- of Nebraska (for Mr. LEVIN) to the bill H.R. apply with respect to funds appropriated or filiated applicants for a grant or cooperative 1585, supra; which was ordered to lie on the otherwise made available for fiscal years be- agreement under paragraph (2), the Sec- table. ginning after September 30, 2007, and to con- retary may waive such bid or application re- SA 3019. Mr. SANDERS submitted an gressional initiatives initiated after the date quirement if the Secretary determines that of the enactment of this Act. amendment intended to be proposed to the contract, grant, or cooperative agree- amendment SA 2011 proposed by Mr. NELSON ment is essential to the mission of the De- SA 2946. Mr. BAUCUS (for himself of Nebraska (for Mr. LEVIN) to the bill H.R. partment of Defense. and Mr. HATCH) submitted an amend- 1585, supra; which was ordered to lie on the (B) CONGRESSIONAL NOTIFICATION.—If the table. ment intended to be proposed by him Secretary of Defense waives a bid require- to the bill H.R. 1585, to authorize ap- SA 3020. Mr. COLEMAN submitted an ment under subparagraph (A), the Secretary amendment intended to be proposed to propriations for fiscal year 2008 for must, not later than 10 days after exercising military activities of the Department amendment SA 2011 proposed by Mr. NELSON such waiver, notify Congress, the Committee of Nebraska (for Mr. LEVIN) to the bill H.R. on Homeland Security and Governmental Af- of Defense, for military construction, 1585, supra; which was ordered to lie on the fairs of the Senate, and the Committee on and for defense activities of the De- table. Oversight and Government Reform of the partment of Energy, to prescribe mili- SA 3021. Mr. THUNE submitted an amend- House of Representatives of the waiver. tary personnel strengths for such fiscal ment intended to be proposed to amendment (4) EXCEPTION TO REQUIREMENT FOR COM- year, and for other purposes; which was SA 2011 proposed by Mr. NELSON of Nebraska PETITION IN GRANTS AND CONTRACTS TO COL- ordered to lie on the table; as follows: (for Mr. LEVIN) to the bill H.R. 1585, supra; LEGES AND UNIVERSITIES.—Section 2361(b)(1) which was ordered to lie on the table. At the end of subtitle B of title XIV, add of title 10, United States Code, is amended by the following: f striking ‘‘unless that provision of law’’ and SEC. 1422. SCHOLARSHIPS FOR POST-SECONDARY all that follows and inserting ‘‘unless— EDUCATION FOR SPOUSES AND DE- TEXT OF AMENDMENTS ‘‘(A) such provision of law— PENDENTS OF MEMBERS OF THE SA 2945. Mr. COBURN submitted an ‘‘(i) specifically refers to this section; ARMED FORCES. There is hereby authorized to be appro- amendment intended to be proposed by ‘‘(ii) specifically states that such provision of law modifies or supersedes the provisions priated for the Department of Defense for fis- him to the bill H.R. 1585, to authorize of this section; and cal year 2008 such sums as may be appro- appropriations for fiscal year 2008 for ‘‘(iii) specifically identifies the particular priate for a grant to a private charitable or- military activities of the Department college or university involved and states ganization or other appropriate private orga- of Defense, for military construction, that the grant to be made or the contract to nization for the provision of scholarships for and for defense activities of the De- be awarded, as the case may be, pursuant to post-secondary education to spouses and partment of Energy, to prescribe mili- such provision of law is being made or other dependents of members of the Armed awarded in contravention of subsection (a); Forces, including members of the National tary personnel strengths for such fiscal Guard and the Reserves, for purposes of en- year, and for other purposes; which was and ‘‘(B) the research and development con- hancing recruitment and retention of mem- ordered to lie on the table; as follows: cerned— bers of the Armed Forces. At the end of subtitle B of title VIII, add ‘‘(i) fulfills an urgent requirement for de- Mrs. BOXER (for herself, Mr. the following: ployed United States forces; and SA 2947. LEVIN, and Mr. DURBIN) submitted an SEC. 827. PROHIBITION ON USE OF EARMARKS TO ‘‘(ii) involves unique and exceptional tech- AWARD NO BID CONTRACTS AND nology or concepts (which the Secretary amendment intended to be proposed to NONCOMPETITIVE GRANTS. shall describe in the notice under paragraph amendment SA 2011 proposed by Mr. (a) PROHIBITION.— (2)) that makes competition for the award of NELSON of Nebraska (for Mr. LEVIN) to (1) CONTRACTS.— a grant or contract inadvisable.’’. the bill H.R. 1585, to authorize appro- (A) IN GENERAL.—Except as provided pursu- (5) CONTRACTING AUTHORITY.—The Sec- priations for fiscal year 2008 for mili- ant to paragraph (4) and notwithstanding retary of Defense may, as appropriate, uti- tary activities of the Department of any other provision of this Act, all contracts lize existing contracts to carry out congres- Defense, for military construction, and awarded by the Department of Defense sional initiatives. for defense activities of the Depart- through congressional initiatives shall be (b) ANNUAL REPORT.— awarded using competitive procedures in ac- (1) IN GENERAL.—Not later than December ment of Energy, to prescribe military cordance with the requirements of section 31, 2008, and December 31 of each year there- personnel strengths for such fiscal 2304 of title 10, United States Code, and the after, the Secretary of Defense shall submit year, and for other purposes; as fol- Federal Acquisition Regulation. to Congress a report on congressional initia- lows:

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11865 At the end of subtitle E of title X, add the mittee on Armed Services and the Com- documents and so forth . . . In one case, a 22- following: mittee on Foreign Affairs of the House of page document that lays out the planning, SEC.l—SENSE OF SENATE. Representatives on September 10, 2007, that reconnaissance, rehearsal, conduct, and (a) FINDINGS.—The Senate makes the fol- ‘‘Iran plays a harmful role in Iraq. While aftermath of the operation conducted that lowing findings: claiming to support Iraq in its transition, resulted in the death of five of our soldiers in (1) The men and women of the United Iran has actively undermined it by providing Karbala back in January’’. States Armed Forces and our veterans de- lethal capabilities to the enemies of the (11) The Department of Defense report to serve to be supported, honored, and defended Iraqi state’’. Congress entitled ‘‘Measuring Stability and when their patriotism is attacked; (3) The most recent National Intelligence Security in Iraq’’ and released on September (2) In 2002, a Senator from Georgia who is Estimate on Iraq, published in August 2007, 18, 2007, consistent with section 9010 of Pub- a Vietnam veteran, triple amputee, and the states that ‘‘Iran has been intensifying as- lic Law 109–289, states that ‘‘[t]here has been recipient of a Silver Star and Bronze Star, pects of its lethal support for select groups no decrease in Iranian training and funding had his courage and patriotism attacked in of Iraqi Shia militants, particularly the JAM of illegal Shi’a militias in Iraq that attack an advertisement in which he was visually [Jaysh al-Mahdi], since at least the begin- Iraqi and Coalition forces and civilians . . . linked to Osama bin Laden and Saddam Hus- ning of 2006. Explosively formed penetrator Tehran’s support for these groups is one of sein; (EFP) attacks have risen dramatically’’. the greatest impediments to progress on rec- (3) This attack was aptly described by a (4) The Report of the Independent Commis- onciliation’’. Senator and Vietnam veteran as ‘‘reprehen- sion on the Security Forces of Iraq, released (12) The Department of Defense report fur- sible’’; on September 6, 2007, states that ‘‘[t]he Com- ther states, with respect to Iranian support (4) In 2004, a Senator from Massachusetts mission concludes that the evidence of Iran’s for Shi’a extremist groups in Iraq, that who is a Vietnam veteran and the recipient increasing activism in the southeastern part ‘‘[m]ost of the explosives and ammunition of a Silver Star, Bronze Star with Combat V, of the country, including Basra and Diyala used by these groups are provided by the Ira- and three Purple Hearts, was personally at- provinces, is compelling . . . It is an accept- nian Islamic Revolutionary Guard Corps– tacked and accused of dishonoring his coun- ed fact that most of the sophisticated weap- Qods Force . . . For the period of June try; ons being used to ‘defeat’ our armor protec- through the end of August, [explosively (5) This attack was aptly described by a tion comes across the border from Iran with formed penetrator] events are projected to Senator and Vietnam veteran as ‘‘dishonest relative impunity’’. rise by 39 percent over the period of March and dishonorable.’’ (5) General (Ret.) James Jones, chairman through May’’. (6) On September 10, 2007, an advertisement of the Independent Commission on the Secu- (13) Since May 2007, Ambassador Crocker in the New York Times was an unwarranted rity Forces of Iraq, stated in testimony be- has held three rounds of talks in Baghdad on personal attack on General Petraeus; who is fore the Committee on Armed Services of the Iraq security with representatives of the Senate on September 6, 2007, that ‘‘[w]e honorably leading our Armed Forces in Iraq Government of the Islamic Republic of Iran. judge that the goings-on across the Iranian and carrying out the mission assigned to him (14) Ambassador Crocker testified before border in particular are of extreme severity by the President of the United States; and Congress on September 10, 2007, with respect and have the potential of at least delaying (7) Such personal attacks on those with to these talks, stating that ‘‘I laid out the our efforts inside the country. Many of the distinguished military service to our nation concerns we had over Iranian activity that arms and weapons that kill and maim our have become all too frequent. was damaging to Iraq’s security, but found soldiers are coming from across the Iranian (b) SENSE OF SENATE.—It is the sense of the no readiness on Iranians’ side at all to en- border’’. Senate— gage seriously on these issues. The impres- (6) General Petraeus said of Iranian sup- (1) to reaffirm its strong support for all of sion I came with after a couple rounds is port for extremist activity in Iraq on April the men and women of the United States that the Iranians were interested simply in 26, 2007, that ‘‘[w]e know that it goes as high Armed Forces; and the appearance of discussions, of being seen as [Brig. Gen. Qassem] Suleimani, who is the (2) to strongly condemn all attacks on the to be at the table with the U.S. as an arbiter head of the Qods Force . . . We believe that honor, integrity, and patriotism of any indi- of Iraq’s present and future, rather than ac- he works directly for the supreme leader of vidual who is serving or has served honor- the country’’. tually doing serious business . . . Right now, ably in the United States Armed Forces, by (7) Mahmoud Ahmedinejad, the president I haven’t seen any sign of earnest or serious- any person or organization. of Iran, stated on August 28, 2007, with re- ness on the Iranian side’’. spect to the United States presence in Iraq, (15) Ambassador Crocker testified before SA 2948. Mr. KYL (for himself, Mr. that ‘‘[t]he political power of the occupiers is Congress on September 11, 2007, stating that LIEBERMAN, Mr. COLEMAN, and Mr. collapsing rapidly. Soon we will see a huge ‘‘[w]e have seen nothing on the ground that GRAHAM) submitted an amendment in- power vacuum in the region. Of course we would suggest that the Iranians are altering tended to be proposed to amendment are prepared to fill the gap’’. what they’re doing in support of extremist elements that are going after our forces as SA 2011 proposed by Mr. NELSON of Ne- (8) Ambassador Crocker testified to Con- well as the Iraqis’’. braska (for Mr. LEVIN) to the bill H.R. gress, with respect to President 1585, to authorize appropriations for Ahmedinejad’s statement, on September 11, (b) SENSE OF SENATE.—It is the sense of the 2007, that ‘‘[t]he Iranian involvement in Senate— fiscal year 2008 for military activities Iraq—its support for extremist militias, (1) that the manner in which the United of the Department of Defense, for mili- training, connections to Lebanese Hezbollah, States transitions and structures its mili- tary construction, and for defense ac- provision of munitions that are used against tary presence in Iraq will have critical long- tivities of the Department of Energy, our force as well as the Iraqis—are all, in my term consequences for the future of the Per- to prescribe military personnel view, a pretty clear demonstration that sian Gulf and the Middle East, in particular strengths for such fiscal year, and for Ahmedinejad means what he says, and is al- with regard to the capability of the Govern- other purposes; which was ordered to ready trying to implement it to the best of ment of the Islamic Republic of Iran to pose lie on the table; as follows: his ability’’. a threat to the security of the region, the (9) General Petraeus stated on September prospects for democracy for the people of the At the end of subtitle C of title XV, add the 12, 2007, with respect to evidence of the com- region, and the health of the global econ- following: plicity of Iran in the murder of members of omy; SEC. 1535. SENSE OF SENATE ON IRAN. the Armed Forces of the United States in (2) that it is a vital national interest of the (a) FINDINGS.—The Senate makes the fol- Iraq, that ‘‘[t]e evidence is very, very clear. United States to prevent the Government of lowing findings: We captured it when we captured Qais the Islamic Republic of Iran from turning (1) General David Petraeus, commander of Khazali, the Lebanese Hezbollah deputy com- Shi’a militia extremists in Iraq into a the Multi-National Force Iraq, stated in tes- mander, and others, and it’s in black and Hezbollah-like force that could serve its in- timony before a joint session of the Com- white . . . We interrogated these individuals. terests inside Iraq, including by over- mittee on Armed Services and the Com- We have on tape . . . Qais Khazali himself. whelming, subverting, or co-opting institu- mittee on Foreign Affairs of the House of When asked, could you have done what you tions of the legitimate Government of Iraq; Representatives on September 10, 2007, that have done without Iranian support, he lit- (3) that it should be the policy of the ‘‘[i]t is increasingly apparent to both coali- erally throws up his hands and laughs and United States to combat, contain, and roll tion and Iraqi leaders that Iran, through the says, of course not . . . So they told us about back the violent activities and destabilizing use of the Iranian Republican Guard Corps the amounts of money that they have re- influence inside Iraq of the Government of Qods Force, seeks to turn the Shi’a militia ceived. They told us about the training that the Islamic Republic of Iran, its foreign extremists into a Hezbollah-like force to they received. They told us about the ammu- facilitators such as Lebanese Hezbollah, and serve its interests and fight a proxy war nition and sophisticated weaponry and all of its indigenous Iraqi proxies; against the Iraqi state and coalition forces that that they received’’. (4) to support the prudent and calibrated in Iraq’’. (10) General Petraeus further stated on use of all instruments of United States na- (2) Ambassador Ryan Crocker, United September 14, 2007, that ‘‘[w]hat we have got tional power in Iraq, including diplomatic, States Ambassador to Iraq, stated in testi- is evidence. This is not intelligence. This is economic, intelligence, and military instru- mony before a joint session of the Com- evidence, off computers that we captured, ments, in support of the policy described in

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11866 CONGRESSIONAL RECORD — SENATE September 20, 2007 paragraph (3) with respect to the Govern- title 38, United States Code (commonly re- year, and for other purposes; which was ment of the Islamic Republic of Iran and its ferred to as the ‘‘Uniformed Services Em- ordered to lie on the table; as follows: proxies; ployment and Reemployment Rights Act’’). At the end of title II, add the following: (5) that the United States should designate (6) A comparative assessment of the han- dling of claims by the Defense Finance and SEC. 256. STUDY AND REPORT ON STANDARD the Islamic Revolutionary Guards Corps as a SOLDIER PATIENT TRACKING SYS- foreign terrorist organization under section Accounting Service under the decision in TEM. 219 of the Immigration and Nationality Act Butterbaugh v. Department of Justice with (a) STUDY REQUIRED.—In conjunction with and place the Islamic Revolutionary Guards the handling of claims by other Federal the development of the pilot program uti- Corps on the list of Specially Designated agencies (selected by the Comptroller Gen- lizing an electronic clearinghouse for sup- Global Terrorists, as established under the eral for purposes of the comparative assess- port of the disability evaluation system of International Emergency Economic Powers ment) under that decision. the Department of Defense authorized under Act and initiated under Executive Order (7) An estimate of the total amount of at- this Act, the Secretary of Defense shall con- 13224; and torney fees for which the Federal Govern- duct a study on the feasibility of including (6) that the Department of the Treasury ment has been determined liable under the in the required pilot program the following should act with all possible expediency to decision in Butterbaugh v. Department of additional elements: complete the listing of those entities tar- Justice, and an estimate of the total amount (1) A means to allow each recovering serv- geted under United Nations Security Council of attorney fees for which the Federal Gov- ice member, each family member of such a Resolutions 1737 and 1747 adopted unani- ernment may be liable in the future due to member, each commander of a military in- claims made under that decision and under mously on December 23, 2006 and March 24, stallation retaining medical holdover pa- the decision in Hernandez v. Department of 2007, respectively. tients, each patient navigator, and ombuds- the Air Force. man office personnel, at all times, to be able (8) A statement of the number of claims by SA 2949. Mr. THUNE submitted an to locate and understand exactly where a re- members of the reserve components of the amendment intended to be proposed to covering service member is in the medical Armed Forces under the decision in amendment SA 2011 proposed by Mr. holdover process. Butterbaugh v. Department of Justice that (2) A means to ensure that the commander NELSON of Nebraska (for Mr. LEVIN) to have been adjudicated by the Defense Fi- of each military medical facility where re- the bill H.R. 1585, to authorize appro- nance and Accounting Service. covering service members are located is able priations for fiscal year 2008 for mili- (9) A statement of the number of claims by tary activities of the Department of members of the reserve components of the to track appointments of such members to ensure they are meeting timeliness and Defense, for military construction, and Armed Forces under the decision in Butterbaugh v. Department of Justice that other standards that serve the member. for defense activities of the Depart- (3) A means to ensure each recovering serv- ment of Energy, to prescribe military have been denied by the Defense Finance and Accounting Service. ice member is able to know when his or her personnel strengths for such fiscal (10) A comparative assessment of the aver- appointments and other medical evaluation year, and for other purposes; which was age amount of time required for the Defense board or physical evaluation board deadlines ordered to lie on the table; as follows: Finance and Accounting Service to resolve a will be and that they have been scheduled in At the end of subtitle D of title X, add the claim under the decision in Butterbaugh v. a timely and accurate manner. following: Department of Justice with the average (4) Any other information needed to con- amount of time required by other Federal duct oversight of care of the member SEC. 1044. COMPTROLLER GENERAL REPORT ON through out the medical holdover process. DEFENSE FINANCE AND ACCOUNT- agencies (as so selected) to resolve a claim ING SERVICE RESPONSE TO under that decision. (5) Information that will allow the Secre- BUTTERBAUGH V. DEPARTMENT OF (11) A comparative statement of the back- taries of the military departments and the JUSTICE. log of claims with the Defense Finance and Under Secretary of Defense for Personnel (a) IN GENERAL.—Not later than 180 days Accounting Service under the decision in and Readiness to monitor trends and prob- after the date of the enactment of this Act, Butterbaugh v. Department of Justice with lems. the Comptroller General of the United States the backlog of claims of other Federal agen- (b) REPORT.—Not later than 90 days after shall submit to the congressional defense cies (as so selected) under that decision. the date of the enactment of this Act, the committees a report setting forth an assess- (12) An estimate of the amount of time re- Secretary of Defense shall submit to the ment by the Comptroller General of the re- quired for the Defense Finance and Account- Committees on Armed Services of the Senate sponse of the Defense Finance and Account- ing Service to resolve all outstanding claims and the House of Representatives a report on ing Service to the decision in Butterbaugh v. under the decision in Butterbaugh v. Depart- the results of the study, with such findings Department of Justice (336 F.3d 1332 (2003)). ment of Justice. and recommendations as the Secretary con- (b) ELEMENTS.—The report required by sub- (13) An assessment of the reasonableness of siders appropriate. section (a) shall include the following: the requirement of the Defense Finance and (1) An estimate of the number of members Accounting Service for the submittal by SA 2951. Mrs. DOLE submitted an of the reserve components of the Armed members of the reserve components of the amendment intended to be proposed to Forces, both past and present, who are enti- Armed Forces of supporting documentation amendment SA 2011 proposed by Mr. tled to compensation under the decision in for claims under the decision in Butterbaugh NELSON of Nebraska (for Mr. LEVIN) to Butterbaugh v. Department of Justice. v. Department of Justice. the bill H.R. 1585, to authorize appro- (2) An assessment of the current policies, (14) A comparative assessment of the re- priations for fiscal year 2008 for mili- procedures, and timeliness of the Defense Fi- quirement of the Defense Finance and Ac- tary activities of the Department of nance and Accounting Service in imple- counting Service for the submittal by mem- Defense, for military construction, and menting and resolving claims under the deci- bers of the reserve components of the Armed sion in Butterbaugh v. Department of Jus- Forces of supporting documentation for for defense activities of the Depart- tice. claims under the decision in Butterbaugh v. ment of Energy, to prescribe military (3) An assessment whether or not the deci- Department of Justice with the requirement personnel strengths for such fiscal sions made by the Defense Finance and Ac- of other Federal agencies (as so selected) for year, and for other purposes; which was counting Service in implementing the deci- the submittal by such members of sup- ordered to lie on the table; as follows: sion in Butterbaugh v. Department of Jus- porting documentation for such claims. At the end of title X, add the following: tice follow a consistent pattern of resolu- (15) Such recommendations for legislative SEC. 1070. NOTIFICATION OF CERTAIN RESI- tion. action as the Comptroller General considers DENTS AND CIVILIAN EMPLOYEES (4) An assessment of whether or not the de- appropriate in light of the decision in AT CAMP LEJEUNE, NORTH CARO- cisions made by the Defense Finance and Ac- Butterbaugh v. Department of Justice and LINA, OF EXPOSURE TO DRINKING counting Service in implementing the deci- the decision in Hernandez v. Department of WATER CONTAMINATION. sion in Butterbaugh v. Department of Jus- the Air Force. (a) NOTIFICATION OF INDIVIDUALS SERVED BY tice are resolving claims by providing more TARAWA TERRACE WATER DISTRIBUTION SYS- compensation than an individual has been SA 2950. Mr. MARTINEZ submitted TEM, INCLUDING KNOX TRAILER PARK.—Not able to prove, under the rule of construction an amendment intended to be proposed later than one year after the date of the en- that laws providing benefits to veterans are to amendment SA 2011 proposed by Mr. actment of this Act, the Secretary of the liberally construed in favor of the veteran. NELSON of Nebraska (for Mr. LEVIN) to Navy shall make reasonable efforts to iden- (5) An estimate of the total amount of the bill H.R. 1585, to authorize appro- tify and notify directly individuals who were compensation payable to members of the re- priations for fiscal year 2008 for mili- served by the Tarawa Terrace Water Dis- serve components of the Armed Forces, both tribution System, including Knox Trailer past and present, as a result of the recent de- tary activities of the Department of Park, at Camp Lejeune, North Carolina, dur- cision in Hernandez v. Department of the Air Defense, for military construction, and ing the years 1958 through 1987 that they Force (No. 2006–3375, slip op.) that leave can for defense activities of the Depart- may have been exposed to drinking water be reimbursed for Reserve service before ment of Energy, to prescribe military contaminated with tetrachloroethylene 1994, when Congress enacted chapter 43 of personnel strengths for such fiscal (PCE).

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(b) NOTIFICATION OF INDIVIDUALS SERVED BY SEC. 827. PROCUREMENT OF FIRE RESISTANT cy during the current school year, deter- HADNOT POINT WATER DISTRIBUTION SYS- RAYON FIBER FOR THE PRODUC- mined in consultation with the Secretary of TEM.—Not later than one year after the TION OF UNIFORMS FROM FOREIGN Education, that— Agency for Toxic Substances and Disease SOURCES. (i) equaled or exceeded 20 percent of the Registry (ATSDR) completes its water mod- (a) AUTHORITY TO PROCURE.—The Sec- number of all children in average daily at- eling study of the Hadnot Point water dis- retary of Defense may procure fire resistant tendance in the schools served by such agen- tribution system, the Secretary of the Navy rayon fiber for the production of uniforms cy during the current school year; or shall make reasonable efforts to identify and that is manufactured in a foreign country re- (ii) is 1,000 or more, notify directly individuals who were served ferred to in subsection (d) if the Secretary whichever is less; and by the system during the period identified in determines either of the following: (B) is designated by the Secretary of De- the study of the drinking water contamina- (1) That fire resistant rayon fiber for the fense as impacted by— tion to which they may have been exposed. production of uniforms is not available from (i) Operation Iraqi Freedom; sources within the national technology and (c) NOTIFICATION OF FORMER CIVILIAN EM- (ii) Operation Enduring Freedom; industrial base. PLOYEES AT CAMP LEJEUNE.—Not later than (iii) the global rebasing plan of the Depart- (2) That— one year after the date of the enactment of ment of Defense; (A) procuring fire resistant rayon fiber this Act, the Secretary of the Navy shall (iv) the realignment of forces as a result of manufactured from suppliers within the na- make reasonable efforts to identify and no- the base closure process; tional technology and industrial base would tify directly civilian employees who worked (v) the official creation or activation of 1 result in sole-source contracts or sub- at Camp Lejeune during the period identified or more new military units; or contracts for the supply of fire resistant in the ATSDR drinking water study of the (vi) a change in the number of required rayon fiber; and drinking water contamination to which they housing units on a military installation, due (B) such sole-source contracts or sub- may have been exposed. to the Military Housing Privatization Initia- contracts would not be in the best interests (d) CIRCULATION OF HEALTH SURVEY.— tive of the Department of Defense. of the Government or consistent with the ob- (1) FINDING.—Congress makes the following (2) LOCAL EDUCATIONAL AGENCY.—The term jectives of section 2304 of title 10, United findings: ‘‘local educational agency’’ has the meaning States Code. (A) Notification and survey efforts related given the term in section 9101 of the Elemen- (b) SUBMISSION TO CONGRESS.—Not later to the drinking water contamination de- tary and Secondary Education Act of 1965 (20 than 30 days after making a determination scribed in this section are necessary due to U.S.C. 7801). under subsection (a), the Secretary shall sub- the potential negative health impacts of (3) MILITARY DEPENDENT CHILD.—The term mit to Congress a copy of the determination. these contaminants. ‘‘military dependent child’’— (c) APPLICABILITY TO SUBCONTRACTS.—The (B) The Secretary of the Navy will not be (A) means a child described in subpara- authority under subsection (a) applies with graph (B) or (D)(i) of section 8003(a)(1) of the able to identify or contact all former resi- respect to subcontracts under Department of dents due to the condition, non-existence, or Elementary and Secondary Education Act of Defense contracts as well as to such con- 1965 (20 U.S.C. 7703(a)(1)); and accessibility of records. tracts. (C) It is the intent of Congress is that the (B) includes a child— (d) FOREIGN COUNTRIES COVERED.—The au- (i) who resided on Federal property with a Secretary of the Navy contact as many thority under subsection (a) applies with re- parent on active duty in the National Guard former residents as quickly as possible. spect to a foreign country that— or Reserve; or (2) ATSDR HEALTH SURVEY.— (1) is a party to a defense memorandum of (ii) who had a parent on active duty in the (A) DEVELOPMENT.—Not later than 120 days understanding entered into under section National Guard or Reserve but did not reside after the date of the enactment of this Act, 2531 of this title; and on Federal property. the ATSDR, in consultation with the Na- (2) does not discriminate against defense tional Opinion Research Center, shall de- (d) USE OF FUNDS.—Grant funds provided items produced in the United States to a under this section shall be used for— velop a health survey that would voluntarily greater degree than the United States dis- request of individuals described in sub- (1) tutoring, after-school, and dropout pre- criminates against defense items produced in vention activities for military dependent sections (a), (b), and (c) personal health in- that country. formation that may lead to scientifically children with a parent who is or has been im- (e) NATIONAL TECHNOLOGY AND INDUSTRIAL useful health information associated with pacted by war-related action described in BASE DEFINED.—In this section, the term clause (i), (ii), or (iii) of subsection (c)(1)(B); exposure to TCE, PCE, vinyl chloride, and ‘‘national technology and industrial base’’ the other contaminants identified in the (2) professional development of teachers, has the meaning given that term in section principals, and counselors on the needs of ATSDR studies that may provide a basis for 2500 of title 10, United States Code. further reliable scientific studies of poten- military dependent children with a parent who is or has been impacted by war-related tially adverse health impacts of exposure to SA 2953. Mrs. MURRAY submitted an contaminated water at Camp Lejeune. action described in clause (i), (ii), or (iii) of amendment intended to be proposed to (B) INCLUSION WITH NOTIFICATION.—The sur- subsection (c)(1)(B); and vey developed under subparagraph (A) shall amendment SA 2011 proposed by Mr. (3) counseling and other comprehensive be distributed by the Secretary of the Navy NELSON of Nebraska (for Mr. LEVIN) to support services for military dependent chil- concurrently with the direct notification re- the bill H.R. 1585, to authorize appro- dren with a parent who is or has been im- quired under subsections (a), (b), and (c). priations for fiscal year 2008 for mili- pacted by war-related action described in (e) USE OF MEDIA TO SUPPLEMENT NOTIFICA- tary activities of the Department of clause (i), (ii), or (iii) of subsection (c)(1)(B), TION.—The Secretary of the Navy may use Defense, for military construction, and including the subsidization of a percentage media notification as a supplement to direct of hiring of a military-school liaison. for defense activities of the Depart- (e) AUTHORIZATION OF APPROPRIATIONS.— notification of individuals described under ment of Energy, to prescribe military subsections (a), (b), and (c). Media notifica- (1) IN GENERAL.—There are authorized to be tion may reach those individuals not identi- personnel strengths for such fiscal appropriated to the Department of Defense fiable via remaining records; once individ- year, and for other purposes; which was $5,000,000 to carry out this section for fiscal uals respond to media notifications, the Sec- ordered to lie on the table; as follows: year 2008 and such sums as may be necessary retary will add them to the contact list to be At the end of subtitle E of title V, add the for each of the 3 succeeding fiscal years. included in future information updates. following: (2) SPECIAL RULE.—Funds appropriated under paragraph (1) are in addition to any SEC. 565. EMERGENCY FUNDING FOR LOCAL EDU- funds made available to local educational SA 2952. Mr. ISAKSON (for himself CATIONAL AGENCIES ENROLLING MILITARY DEPENDENT CHILDREN. agencies under section 561 or 562 of this Act and Mr. CHAMBLISS) submitted an or section 8003 of the Elementary and Sec- (a) SHORT TITLE.—This section may be amendment intended to be proposed to ondary Education Act of 1965 (20 U.S.C. 7703). amendment SA 2011 proposed by Mr. cited as the ‘‘Help for Military Children Af- fected by War Act of 2007’’. NELSON of Nebraska (for Mr. LEVIN) to SA 2954. Mr. WARNER submitted an (b) GRANTS AUTHORIZED.—The Secretary of the bill H.R. 1585, to authorize appro- Defense is authorized to award grants to eli- amendment intended to be proposed by priations for fiscal year 2008 for mili- gible local educational agencies for the addi- him to the bill H.R. 1585, to authorize tary activities of the Department of tional education, counseling, and other needs appropriations for fiscal year 2008 for Defense, for military construction, and of military dependent children who are af- military activities of the Department for defense activities of the Depart- fected by war or dramatic military decisions. of Defense, for military construction, ment of Energy, to prescribe military (c) DEFINITIONS.—In this section: and for defense activities of the De- personnel strengths for such fiscal (1) ELIGIBLE LOCAL EDUCATIONAL AGENCY.— partment of Energy, to prescribe mili- The term ‘‘eligible local educational agency’’ year, and for other purposes; which was means a local educational agency that— tary personnel strengths for such fiscal ordered to lie on the table; as follows: (A) has a number of military dependent year, and for other purposes; which was At the end of subtitle B of title VIII, add children in average daily attendance in the ordered to lie on the table; as follows: the following: schools served by the local educational agen- At the end of title X, add the following:

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11868 CONGRESSIONAL RECORD — SENATE September 20, 2007 SEC. 1070. INCREASED AUTHORITY FOR REPAIR, (7) Meanwhile, the loss of life caused by (16) The carrier America logged her RESTORATION, AND PRESERVATION German submarine operations turned opin- 100,000th landing on August 29, 1973. On May OF LAFAYETTE ESCADRILLE MEMO- ion in the United States against the Central 6, 1981, the America was the first United RIAL, MARNES-LA-COQUETTE, Powers and on February 1, 1917, the United States Navy carrier to steam through the FRANCE. States declared war. The Amerika remained Suez Canal since the U.S.S. Intrepid (CVA– Section 1065 of the National Defense Au- inactive until seized by the United States 11) made the passage shortly before the thorization Act for Fiscal Year 2002 (Public Shipping Board (USSB), on July 25, 1917. The Arab-Israeli ‘‘Six-Day War’’ of 1967. The Law 107–107; 115 Stat. 1233) is amended— Amerika was earmarked by the Navy for America was also the first supercarrier to (1) in subsection (a)(2), by striking service in the Cruiser-Transport Force as a transit the canal since it had been modified ‘‘$2,000,000’’ and inserting ‘‘$2,500,000’’; and troop transport, given the identification to permit passage of supertankers. (2) in subsection (e), by striking ‘‘under number 3006, and placed in commission on (17) On January 7, 1986, President Ronald section 301(a)(4)’’. August 6, 1917. Reagan ordered all American citizens out of (8) Secretary of the Navy Josephus Daniels Libya, and broke off all remaining ties be- SA 2955. Mr. WARNER (for himself promulgated General Order No. 320, changing tween the United States and Libya. At the and Mr. MCCAIN) submitted an amend- the names of several ex-German ships on same time, President Reagan directed the ment intended to be proposed by him September 1, 1917. The Amerika became the dispatch of a second carrier battle group to to the bill H.R. 1585, to authorize ap- America and went on to conduct multiple the Mediterranean, and directed the Joint propriations for fiscal year 2008 for voyages transporting troops and supplies to Chiefs of Staff to look into military oper- military activities of the Department and from Word War I operations in Europe. ations against Libya. The completion of these trials proved to be a (18) On April 5, 1986, two days after a bomb of Defense, for military construction, milestone in the reconditioning of former killed four Americans along with others on- and for defense activities of the De- German ships, for the America was the last board a Trans World Airways (TWA) flight partment of Energy, to prescribe mili- to be readied for service in the United States en route from Rome, Italy, to Athens, tary personnel strengths for such fiscal Navy. Greece, another bomb exploded in the La year, and for other purposes; which was (9) On September 26, 1919, the America was Belle Discoteque in West Berlin, Germany, ordered to lie on the table; as follows: decommissioned in Hoboken, New Jersey, killing two members of the United States and transferred to the War Department. The Armed Forces and a Turkish civilian. An- At the end of subtitle E of title X, add the ship went on to serve as USAT America, and other 222 people were wounded in the bomb- following: was later renamed, possibly to avoid confu- ing, 78 Americans among them. Operation SEC. 1070. SENSE OF CONGRESS ON NAMING THE sion with the liner America, as the Edmund Eldorado Canyon commenced early on the NEXT AIRCRAFT CARRIER AS U.S.S. B. Alexander, in keeping with the Army pol- afternoon of April 14, 1986, and the carrier AMERICA. icy of naming its oceangoing transports for America, operating off the Libyan coast, (a) FINDINGS.—Congress makes the fol- famous general officers. This name honored launched six A–6 Intruder strike aircraft and lowing findings: Edmund Brooke Alexander from the War six A–7E Corsair II aircraft in strike support. (1) In the history of the United States, with Mexico. (19) Following Operation Desert Storm, the three Navy vessels have been named U.S.S. (10) The ship operated briefly between New carrier America returned to the United America. Orleans, Louisiana, and the Panama Canal States amid a heroes’ welcome. The America (2) On November 9, 1776, the Continental Zone and became a troop transport in World participated in Operation Welcome Home Congress authorized the construction of War II. The ship was sold to the Bethlehem and Fleet Week ’91 in New York, New York, three 74-gun ships of the line. One of the Steel Co., of Baltimore, Maryland, on Janu- from June 6, 1991, through June 11, 1991, tak- men-of-war, the first ship named America, ary 16, 1957, and was broken up a short time ing part in the largest victory parade since was laid down in May 1777 in the shipyard of later. World War II. After an abbreviated in-port John Langdon on Rising Castle (now Badger) (11) The third America was the aircraft period and compressed work-ups, the Amer- Island in the Piscataqua River between carrier designated CV–66 laid down on Janu- ica deployed to the North Atlantic for two Portsmouth, New Hampshire, and Kittery, ary 1, 1961 at Newport News, Virginia, by the months in support of North Star ’91, then de- Maine. Newport News Shipbuilding and Dry Dock parted on December 2, 1991, for the Medi- (3) On June 26, 1781, Congress selected Corporation. She was launched on February terranean and Arabian Gulf once again, her then-Captain John Paul Jones as the first 1, 1964, and commissioned at the Norfolk eighteenth major deployment. The America commanding officer of the America. How- Naval Shipyard on January 23, 1965. also became the first carrier to earn an un- ever, Congress decided on September 4, 1782, (12) In the late 1960s, the carrier America precedented third campaign star on the to present the ship to King Louis XVI of conducted multiple Mediterranean deploy- Southwest Asia Service Medal. France to replace the French ship of the line ments during such events as political crises (20) The carrier America departed Norfolk, Magnifique which had run aground and been in Greece and the Suez and countless en- Virginia, on August 28, 1995, for a routine 6- destroyed on August 11, 1782, while attempt- counters with Soviet navy vessels and as- month deployment to the Mediterranean and ing to enter Boston harbor. The ship transfer sisted with the rescue and treatment of to the Indian Ocean. This was the 20th and symbolized the appreciation of the United wounded from the incident involving the final deployment in the 30-year history of States for France’s service to and sacrifices Liberty (AGTR–5). the America as the carrier participated in on behalf of the cause of the American patri- (13) On May 30, 1968, the carrier America Operations Deny Flight and Deliberate Force ots. arrived at Yankee Station in the South from September 9, 1995, to September 30, (4) The second America was originally the China Sea, and the next morning, the first 1995. German civilian passenger transport aircraft since commissioning to leave her (21) America returned to the pier in Nor- Amerika, which was launched on April 20, deck in anger were launched against the folk, Virginia, ending her Mediterranean Sea 1905, at Belfast, Ireland, by the noted ship- enemy. The America served through four deployment on February 24, 1996. After more building firm of Harland and Wolff, Ltd. line periods, consisting of 112 days on Yan- than three decades of proud and historic Built for the Hamburg-America Line, the kee Station off the Vietnam coast. naval service, the America was decommis- steamer entered transatlantic service in the (14) On a subsequent deployment in 1970, sioned at Norfolk Naval Shipyard in Ports- autumn of 1905 when she departed Hamburg, the carrier America completed 100 days on mouth, Virginia on August 9, 1996. Germany, on October 11, 1905, bound for the Yankee Station. Through five line periods, (22) Stricken from the Navy List on the United States. the carrier conducted 10,600 aircraft sorties, day of her decommissioning, the carrier (5) The largest ship of her kind in the completed 10,804 carrier landings, expended America was originally planned to be world, and easily one of the most luxurious 11,190 tons of ordnance, moved 425,996 pounds scrapped. However, the carrier was sunk in passenger vessels to sail the seas, from 1905 of cargo, handled 6,890 packages and trans- the Atlantic Ocean, approximately 300 miles to 1914, the Amerika plied the North Atlan- ferred 469,027 pounds of mail. This was ac- off the Virginia coast, on May 14, 2005, fol- tic trade routes touching at Cherbourg, complished without a single combat loss and lowing a series of tests consisting of under- France, while steaming between Hamburg only one major landing accident with, fortu- water and surface simulated attacks on the and New York, New York. nately, no fatalities. ship. (6) During the summer of 1914, events in (15) On June 2, 1972, three days before the (23) In a letter to a coalition of veterans the Balkans triggered a conflict that soon carrier America was to sail again on deploy- and former crewmembers of the America who spread through Europe, pitting nations ment, the Chief of Naval Operations visited offered to make the carrier a museum, the against nations in the First World War. The the ship and explained the reason why her Vice Chief of Naval Operations explained eruption of fighting caught Amerika at Bos- orders had been changed to send her to the that ‘‘America will make one final and vital ton, where she was preparing to sail for Gulf of Tonkin instead of the Mediterranean. contribution to our national defense, this home. Although due to leave port on August On October 6, 1972, bombs from the planes of time as a live-fire test and evaluation plat- 1, 1914, the Amerika stayed at Boston lest the America dropped the Thanh Hoa Bridge, form. America’s legacy will serve as a foot- she fall prey to the warships of the Royal a major objective since the bombing of the print in the design of future carriers — ships Navy and remained there for almost three North had begun years before. The America that will protect the sons, daughters, grand- years during the period of United States neu- received five battle stars for her overall serv- children and great-grandchildren of America trality. ice in the Vietnam War. veterans’’.

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(b) NAMING OF NEXT AIRCRAFT CARRIER.—It Sec. —210. Additional Technical corrections. the prior consent of the Secretary of Defense is the sense of the Congress that the next nu- TITLE I—GENERAL for such use shall be required with respect to clear-powered aircraft carrier of the Navy be any vessel in the Ready Reserve Force or in SEC. —101. AUTHORIZATION OF APPROPRIA- named U.S.S. America. TIONS FOR FISCAL YEAR 2008. the National Defense Reserve Fleet which is Funds are hereby authorized to be appro- maintained in a retention status for the De- SA 2953. Mr. SMITH (for himself and priated for fiscal year 2008, to be available partment of Defense.’’. Mr. WYDEN) submitted an amendment without fiscal year limitation if so provided SEC. —105. DISPOSAL OF OBSOLETE GOVERN- MENT VESSELS. intended to be proposed by him to the in appropriations Acts, for the use of the De- Section 6(c)(1) of the National Maritime bill H.R. 1585, to authorize appropria- partment of Transportation for the Maritime Heritage Act of 1994 (16 U.S.C. 5405(c)(1)) is Administration as follows: tions for fiscal year 2008 for military amended— (1) For expenses necessary for operations activities of the Department of De- (1) by inserting ‘‘(either by sale or pur- and training activities, $122,890,545. fense, for military construction, and chase of disposal services)’’ after ‘‘shall dis- (2) For paying reimbursement under sec- for defense activities of the Depart- pose’’; and tion 3517 of the Maritime Security Act of (2) by striking subparagraph (A) of para- ment of Energy, to prescribe military 2003 (46 U.S.C. 53101 note), $19,500,000. graph (1) and inserting the following: personnel strengths for such fiscal (3) For assistance to small shipyards and ‘‘(A) in accordance with a priority system year, and for other purposes; which was maritime communities under section 54101 of for disposing of vessels, as determined by the ordered to lie on the table; as follows: title 46, United States Code, $20,000,000. Secretary, which shall include provisions re- (4) For expenses to dispose of obsolete ves- At the end of subtitle E of title X, add the quiring the Maritime Administration to— sels in the National Defense Reserve Fleet, following: ‘‘(i) dispose of all deteriorated high pri- including provision of assistance under sec- SEC. 1070. SENSE OF SENATE ON AIR FORCE USE ority ships that are available for disposal, tion 7 of Public Law 92–402, $18,000,000. OF TOWBARLESS AIRCRAFT within 12 months of their designation as GROUND EQUIPMENT. (5) For the cost (as defined in section 502(5) such; and of the Federal Credit Reform Act of 1990 (2 It is the sense of the Senate to encourage ‘‘(ii) give priority to the disposition of U.S.C. 661a(5))) of loan guarantees under the the Air Force to give full consideration to those vessels that pose the most significant program authorized by chapter 537 of title 46, the potential operational utility, cost sav- danger to the environment or cost the most United States Code, $20,000,000. ings, and increased safety afforded by the to maintain;’’. utilization of towbarless aircraft ground (6) For administrative expenses related to SEC. —106. VESSEL TRANSFER AUTHORITY. equipment. the implementation of the loan guarantee Section 50304 of title 46, United States program under chapter 537 of title 46, United Code, is amended by adding at the end there- Mr. LAUTENBERG (for him- States Code, administrative expenses related SA 2957. of the following: to implementation of the reimbursement self, Mr. INOUYE, Mr. SMITH, Mr. STE- ‘‘(d) VESSEL CHARTERS TO OTHER DEPART- program under section 3517 of the Maritime VENS, and Mr. LOTT) submitted an MENTS.—On a reimbursable or nonreimburs- amendment intended to be proposed by Security Act of 2003 (46 U.S.C. 53101 note), able basis, as determined by the Secretary of him to the bill H.R. 1585, to authorize and administrative expenses related to the Transportation, the Secretary may charter implementation of the small shipyards and or otherwise make available a vessel under appropriations for fiscal year 2008 for maritime communities assistance program military activities of the Department the jurisdiction of the Secretary to any under section 54101 of title 46, United States other department, upon the request by the of Defense, for military construction, Code, $3,408,000. Secretary of the department that receives and for defense activities of the De- SEC. —102. COMMERCIAL VESSEL CHARTERING the vessel. The prior consent of the Sec- partment of Energy, to prescribe mili- AUTHORITY. retary of Defense for such use shall be re- tary personnel strengths for such fiscal (a) IN GENERAL.—Subchapter III of chapter quired with respect to any vessel in the year, and for other purposes; which was 575 of title 46, United States Code, is amend- Ready Reserve Force or in the National De- ordered to lie on the table; as follows: ed by adding at the end the following: fense Reserve Fleet which is maintained in a ‘‘§ 57533. Vessel chartering authority retention status for the Department of De- DIVISION —MARITIME ‘‘The Secretary of Transportation may fense.’’. ADMINISTRATION enter into contracts or other agreements on SEC. —107. SEA TRIALS FOR READY RESERVE SEC. —001. SHORT TITLE; TABLE OF CONTENTS. behalf of the United States to purchase, FORCE. (a) SHORT TITLE.—This division may be charter, operate, or otherwise acquire the Section 11(c)(1)(B) of the Merchant Ship cited as the ‘‘Maritime Administration Au- use of any vessels documented under chapter Sales Act of 1946 (50 U.S.C. App. 1744(c)(1)(B)) thorities Act of 2007’’. 121 of this title and any other related real or is amended to read as follows: (b) TABLE OF CONTENTS.—The table of con- personal property. The Secretary is author- ‘‘(B) activate and conduct sea trials on tents for this division is as follows: ized to use this authority as the Secretary each vessel at least once every 30 months;’’. Sec. —001. Short title; table of contents. deems appropriate.’’. SEC. —108. REVIEW OF APPLICATIONS FOR LOANS AND GUARANTEES. TITLE I—GENERAL (b) CONFORMING AMENDMENT.—The chapter (a) PLAN.—Within 180 days after the date of Sec. —101. Authorization of appropriations analysis for chapter 575 of such title is amended by adding at the end the following: enactment of this Act, the Administrator of for fiscal year 2008. the Maritime Administration shall develop a Sec. —102. Commercial vessel chartering au- ‘‘57533. Vessel chartering authority.’’. comprehensive plan for the review of tradi- thority. SEC. —103. MARITIME ADMINISTRATION VESSEL tional applications and non-traditional ap- Sec. —103. Maritime Administration vessel CHARTERING AUTHORITY. plications. chartering authority. Section 50303 of title 46, United States (b) INCLUSIONS.—The comprehensive plan Sec. —104. Chartering to state and local gov- Code, is amended by— shall include a description of the application ernmental instrumentalities. (1) inserting ‘‘vessels,’’ after ‘‘piers,’’; and review process that shall not exceed 90 days Sec. —105. Disposal of obsolete government (2) by striking ‘‘control;’’ in subsection for review of traditional applications. vessels. (a)(1) and inserting ‘‘control, except that the (c) REPORT TO CONGRESS.—The Adminis- Sec. —106. Vessel transfer authority. prior consent of the Secretary of Defense for trator shall submit a report describing the Sec. —107. Sea trials for ready reserve force. such use shall be required with respect to comprehensive plan to the Senate Com- Sec. —108. Review of applications for loans any vessel in the Ready Reserve Force or in mittee on Commerce, Science, and Transpor- and guarantees. the National Defense Reserve Fleet which is tation and the House of Representatives TITLE II—TECHNICAL CORRECTIONS maintained in a retention status for the De- Committee on Armed Forces. Sec. —201. Statutory construction. partment of Defense;’’. (d) DEFINITIONS.—In this section: Sec. —202. Personal injury to or death of SEC. —104. CHARTERING TO STATE AND LOCAL (1) NONTRADITIONAL APPLICATION.—The seamen. GOVERNMENTAL INSTRUMENTAL- term ‘‘nontraditional application’’ means an Sec. —203. Amendments to chapter 537 based ITIES. application for a loan, guarantee, or a com- on Public Law 109–163. Section 11(b) of the Merchant Ship Sales mitment to guarantee submitted pursuant to Sec. —204. Additional amendments based on Act of 1946 (50 U.S.C. App. 1744(b)), is amend- chapter 537 of title 46, United States Code, Public Law 109–163. ed— that is not a traditional application, as de- Sec. —205. Amendments based on Public (1) by striking ‘‘or’’ after the semicolon in termined by the Administrator. Law 109–171. paragraph (3); (2) TRADITIONAL APPLICATION.—The term Sec. —206. Amendments based on Public (2) by striking ‘‘Defense.’’ in paragraph (4) ‘‘traditional application’’ means an applica- Law 109–241. and inserting ‘‘Defense; or’’; and tion for a loan, guarantee, or a commitment Sec. —207. Amendments based on Public (3) by adding at the end thereof the fol- to guarantee submitted pursuant to chapter Law 109–364. lowing: 537 of title 46, United States Code, that in- Sec. —208. Miscellaneous amendments. ‘‘(5) on a reimbursable basis, for charter to volves a market, technology, and financial Sec. —209. Application of sunset provision to the government of any State, locality, or structure of a type that has been approved in codified provision. Territory of the United States, except that such an application multiple times before

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11870 CONGRESSIONAL RECORD — SENATE September 20, 2007 the date of enactment of this Act without (C) by striking ‘‘of Commerce’’ in sub- 53704, 53706(a)(3)(B)(iii), 53709(a)(1), (b)(1) and default or unreasonable risk to the United section (c); and (2)(A), and (d), 53710(a) and (c), 53711, 53712 States, as determined by the Administrator. (D) in subsection (d)(2), by— (except in the last sentence of subsection (b) TITLE II—TECHNICAL CORRECTIONS (i) inserting ‘‘if the Secretary or Adminis- as amended by paragraph (6)), 53713 to 53716, trator considers necessary,’’ before ‘‘the 53721 to 53725, and 53734. SEC. —201. STATUTORY CONSTRUCTION. waiver’’; and The amendments made by this title make (11) Sections 53715(d)(1), 53716(d)(3), 53721(c), (ii) striking ‘‘the increased’’ and inserting no substantive change in existing law and 53722(a)(1) and (b)(1)(B), and 53724(b) are ‘‘any significant increase in’’. may not be construed as making a sub- amended by inserting ‘‘or Administrator’s’’ (4) Section 53708 is amended— stantive change in existing law. after ‘‘Secretary’s’’. (A) by striking ‘‘SECRETARY OF TRANSPOR- (b) REPEAL OF SUPERSEDED AMENDMENTS.— SEC. —202. PERSONAL INJURY TO OR DEATH OF TATION’’ in the heading of subsection (a) and Section 3507 (except subsection (c)(4)) of the SEAMEN. inserting ‘‘ADMINISTRATOR’’; National Defense Authorization Act for Fis- (a) AMENDMENT.—Section 30104 of title 46, (B) by striking ‘‘Secretary’’ and ‘‘Sec- cal Year 2006 (Public Law 109–163) is repealed. United States Code, is amended by striking retary of Transportation’’ each place they SEC. —204. ADDITIONAL AMENDMENTS BASED ON subsections (a) and (b) and inserting the fol- appear in subsection (a) and inserting ‘‘Ad- PUBLIC LAW 109–163. lowing: ministrator’’; (a) AMENDMENTS.—Title 46, United States ‘‘(a) CAUSE OF ACTION.—A seaman injured (C) by striking ‘‘OF COMMERCE’’ in the Code, is amended as follows: in the course of employment or, if the sea- heading of subsection (b); (1) Chapters 513 and 515 are amended by man dies from the injury, the personal rep- (D) by striking ‘‘of Commerce’’ in sub- striking ‘‘Naval Reserve’’ each place it ap- resentative of the seaman may bring an ac- sections (b) and (c); pears in analyses, headings, and text and in- tion against the employer. In such an action, (E) in subsection (d), by— serting ‘‘Navy Reserve’’. the laws of the United States regulating re- (i) inserting ‘‘or Administrator’’ after (2) Section 51504(f) is amended to read as covery for personal injury to, or death of, a ‘‘Secretary’’ the first place it appears; and follows: railway employee shall apply. Such an ac- (ii) striking ‘‘financial structures, or other ‘‘(f) FUEL COSTS.— tion may be maintained in admiralty or, at risk factors identified by the Secretary. Any ‘‘(1) IN GENERAL.—Subject to the avail- the plaintiff’s election, as an action at law, independent analysis conducted under this ability of appropriations, the Secretary shall with the right of trial by jury. subsection shall be performed by a party pay to each State maritime academy the ‘‘(b) VENUE.—When the plaintiff elects to chosen by the Secretary.’’ and inserting ‘‘or costs of fuel used by a vessel provided under maintain an action at law, venue shall be in financial structures. A third party inde- this section while used for training. the judicial district in which the employer pendent analysis conducted under this sub- ‘‘(2) MAXIMUM AMOUNTS.—The amount of resides or the employer’s principal office is section shall be performed by a private sec- the payment to a State maritime academy located.’’. tor expert in assessing such risk factors who under paragraph (1) may not exceed— (b) EFFECTIVE DATE.—The amendment is selected by the Secretary or Adminis- ‘‘(A) $100,000 for fiscal year 2006; made by subsection (a) shall be effective as if trator.’’; and ‘‘(B) $200,000 for fiscal year 2007; and included in the enactment of Public Law 109– (F) in subsection (e), by— ‘‘(C) $300,000 for fiscal year 2008 and each 304. (i) inserting ‘‘or Administrator’’ after fiscal year thereafter.’’. SEC. —203. AMENDMENTS TO CHAPTER 537 ‘‘Secretary’’ the first place it appears; and (3) Section 51505(b)(2)(B) is amended by BASED ON PUBLIC LAW 109–163. (ii) striking ‘‘financial structures, or other striking ‘‘$200,000’’ and inserting ‘‘$300,000 for (a) AMENDMENTS.—Title 46, United States risk factors identified by the Secretary’’ and fiscal year 2006, $400,000 for fiscal year 2007, Code, is amended as follows: inserting ‘‘or financial structures’’. and $500,000 for fiscal year 2008 and each fis- (1) Section 53701 is amended by— (5) Section 53710(b)(1) is amended by strik- cal year thereafter’’. (A) redesignating paragraphs (2) through ing ‘‘Secretary’s’’ and inserting ‘‘Adminis- (4) Section 51701(a) is amended by striking (13) as paragraphs (3) through (14), respec- trator’s’’. ‘‘of the United States.’’ and inserting ‘‘of the tively; (6) Section 53712(b) is amended by striking United States and to perform functions to (B) inserting after paragraph (1) the fol- the last sentence and inserting ‘‘If the Sec- assist the United States merchant marine, as lowing: retary or Administrator has waived a re- determined necessary by the Secretary.’’. ‘‘(2) ADMINISTRATOR.—The term ‘Adminis- quirement under section 53707(d) of this title, (5)(A) Section 51907 is amended to read as trator’ means the Administrator of the Mari- the loan agreement shall include require- follows: time Administration.’’; and ments for additional payments, collateral, or ‘‘§ 51907. Provision of decorations, medals, (C) striking paragraph (13) (as redesig- equity contributions to meet the waived re- and replacements nated) and inserting the following: quirement upon the occurrence of verifiable ‘‘(13) SECRETARY.—The term ‘Secretary’ conditions indicating that the obligor’s fi- ‘‘The Secretary of Transportation may means the Secretary of Commerce with re- nancial condition enables the obligor to provide— spect to fishing vessels and fishery facili- meet the waived requirement.’’. ‘‘(1) the decorations and medals authorized ties.’’. (7) Subsections (c) and (d) of section 53717 by this chapter and replacements for those (2) Section 53706(c) is amended to read as are each amended— decorations and medals; and follows: (A) by striking ‘‘OF COMMERCE’’ in the sub- ‘‘(2) replacements for decorations and med- ‘‘(c) PRIORITIES FOR CERTAIN VESSELS.— section heading; and als issued under a prior law.’’. ‘‘(1) VESSELS.—In guaranteeing or making (B) by striking ‘‘of Commerce’’ each place (B) The item relating to section 51907 in a commitment to guarantee an obligation it appears. the chapter analysis for chapter 519 is under this chapter, the Administrator shall (8) Section 53732(e)(2) is amended by insert- amended to read as follows: give priority to— ing ‘‘of Defense’’ after ‘‘Secretary’’ the sec- ‘‘51907. Provision of decorations, medals, and ‘‘(A) a vessel that is otherwise eligible for ond place it appears. replacements.’’. a guarantee and is constructed with assist- (9) The following provisions are amended (6)(A) The following new chapter is in- ance under subtitle D of the Maritime Secu- by striking ‘‘Secretary’’ and ‘‘Secretary of serted after chapter 539: rity Act of 2003 (46 U.S.C. 53101 note); and Transportation’’ and inserting ‘‘Adminis- ‘‘CHAPTER 541—MISCELLANEOUS ‘‘(B) after applying subparagraph (A), a trator’’: ‘‘Sec. vessel that is otherwise eligible for a guar- (A) Section 53710(b)(2)(A)(i). ‘‘54101. Assistance for small shipyards and antee and that the Secretary of Defense de- (B) Section 53717(b) each place it appears in maritime communities.’’. termines— a heading and in text. ‘‘(i) is suitable for service as a naval auxil- (C) Section 53718. (B) Section 3506 of the National Defense iary in time of war or national emergency; (D) Section 53731 each place it appears, ex- Authorization Act for Fiscal Year 2006 (46 and cept where ‘‘Secretary’’ is followed by ‘‘of U.S.C. 53101 note) is transferred to and redes- ‘‘(ii) meets a shortfall in sealift capacity or Energy’’. ignated as section 54101 of title 46, United capability. (E) Section 53732 (as amended by paragraph States Code, to appear at the end of chapter 541 of title 46, as inserted by subparagraph ‘‘(2) TIME FOR DETERMINATION.—The Sec- (8)) each place it appears, except where ‘‘Sec- retary of Defense shall determine whether a retary’’ is followed by ‘‘of the Treasury’’, ‘‘of (A). vessel satisfies paragraph (1)(B) not later State’’, or ‘‘of Defense’’. (C) The heading of such section, as trans- than 30 days after receipt of a request from (F) Section 53733 each place it appears. ferred by subparagraph (B), is amended to the Administrator for such a determina- (10) The following provisions are amended read as follows: tion.’’. by inserting ‘‘or Administrator’’ after ‘‘Sec- ‘‘§ 54101. Assistance for small shipyards and (3) Section 53707 is amended— retary’’ each place it appears in headings and maritime communities’’. (A) by inserting ‘‘or Administrator’’ in text, except where ‘‘Secretary’’ is followed (D) Paragraph (1) of subsection (h) of such subsections (a) and (d) after ‘‘Secretary’’ by ‘‘of Transportation’’ or ‘‘of the Treasury’’: section, as transferred by subparagraph (B), each place it appears; (A) The items relating to sections 53722 and is amended by striking ‘‘(15 U.S.C. 632);’’ and (B) by striking ‘‘Secretary of Transpor- 53723 in the chapter analysis for chapter 537. inserting ‘‘(15 U.S.C. 632));’’. tation’’ in subsection (b) and inserting ‘‘Ad- (B) Sections 53701(1), (4), and (9) (as redesig- (E) The table of chapters at the beginning ministrator’’; nated by paragraph (1)(A)), 53702(a), 53703, of subtitle V is amended by inserting after

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11871 the item relating to chapter 539 the fol- by certification of the Secretary of State or agreement entered into under section lowing new item: the Secretary’s designee.’’. 51306(a) of title 46, United States Code, before ‘‘541. Miscellaneous ...... 54101’’. (b) REPEAL OF SUPERSEDED AMENDMENTS.— October 17, 2006. (b) REPEAL OF SUPERSEDED AMENDMENTS.— Sections 303, 307, 308, 310, 901(q), and 902(o) of (d) SECTION 51509(c).—Section 51509(c) of Sections 515(g)(2), 3502, 3509, and 3510 of the the Coast Guard and Maritime Transpor- title 46, United States Code, is amended— National Defense Authorization Act for Fis- tation Act of 2006 (Public Law 109–241) are re- (1) by striking ‘‘MIDSHIPMAN AND’’ in the cal Year 2006 (Public Law 109–163) are re- pealed. subsection heading and ‘‘midshipman and’’ pealed. SEC. —207. AMENDMENTS BASED ON PUBLIC LAW in the text; and 109–364. SEC. —205. AMENDMENTS BASED ON PUBLIC LAW (2) inserting ‘‘or the Coast Guard Reserve’’ (a) UPDATING OF CROSS REFERENCES.—Sec- 109–171. after ‘‘Reserve)’’. tion 1017(b)(2) of the John Warner National (a) AMENDMENTS.—Section 60301 of title 46, (e) SECTION 51908(a).—Section 51908(a) of Defense Authorization Act for Fiscal Year United States Code, is amended— title 46, United States Code, is amended by 2007 (Public Law 109–364, 10 U.S.C. 2631 note) (1) by striking ‘‘2 cents per ton (but not striking ‘‘under this chapter’’ and inserting is amended by striking ‘‘section 27 of the more than a total of 10 cents per ton per ‘‘by this chapter or the Secretary of Trans- Merchant Marine Act, 1920 (46 U.S.C. 883), year)’’ in subsection (a) and inserting ‘‘4.5 portation’’. section 12106 of title 46, United States Code, cents per ton, not to exceed a total of 22.5 (f) SECTION 53105(e)(2).—Section 53105(e)(2) and section 2 of the Shipping Act, 1916 (46 cents per ton per year, for fiscal years 2006 of title 46, United States Code, is amended by U.S.C. App. 802)’’ and inserting ‘‘sections through 2010, and 2 cents per ton, not to ex- striking ‘‘section 2 of the Shipping Act, 1916 12112, 50501, and 55102 of title 46, United ceed a total of 10 cents per ton per year, for (46 U.S.C. App. 802),’’ and inserting ‘‘section States Code’’. 50501 of this title’’. each fiscal year thereafter,’’; and (b) SECTION 51306(e).— (2) by striking ‘‘6 cents per ton (but not (g) REPEAL OF SUPERSEDED AMENDMENTS.— (1) IN GENERAL.—Section 51306 of title 46, Sections 3505, 3506, 3508, and 3510(a) and (b) of more than a total of 30 cents per ton per United States Code, is amended by adding at year)’’ in subsection (b) and inserting ‘‘13.5 the John Warner National Defense Author- the end the following: ization Act for Fiscal Year 2007 (Public Law cents per ton, not to exceed a total of 67.5 ‘‘(e) ALTERNATIVE SERVICE.— 109–364) are repealed. cents per ton per year, for fiscal years 2006 ‘‘(1) SERVICE AS COMMISSIONED OFFICER.—An through 2010, and 6 cents per ton, not to ex- individual who, for the 5-year period fol- SEC. —208. MISCELLANEOUS AMENDMENTS. ceed a total of 30 cents per ton per year, for lowing graduation from the Academy, serves (a) DELETION OF OBSOLETE REFERENCE TO each fiscal year thereafter,’’. as a commissioned officer on active duty in CANTON ISLAND.—Section 55101(b) of title 46, (b) REPEAL OF SUPERSEDED AMENDMENTS.— an armed force of the United States or as a United States Code, is amended— Section 4001 of the Deficit Reduction Act of commissioned officer of the National Oce- (1) by inserting ‘‘or’’ after the semicolon at 2005 (Public Law 109–171) is repealed. anic and Atmospheric Administration or the the end of paragraph (2); SEC. —206. AMENDMENTS BASED ON PUBLIC LAW Public Health Service shall be excused from (2) by striking paragraph (3); and 109–241. the requirements of paragraphs (3) through (3) by redesignating paragraph (4) as para- (a) AMENDMENTS.—Title 46, United States (5) of subsection (a). graph (3). Code, is amended as follows: ‘‘(2) MODIFICATION OR WAIVER.—The Sec- (b) IMPROVEMENT OF HEADING.—Title 46, (1) Section 12111 is amended by adding at retary may modify or waive any of the terms United States Code, is amended as follows: the end the following: and conditions set forth in subsection (a) (1) The heading of section 55110 is amended ‘‘(d) ACTIVITIES INVOLVING MOBILE OFF- through the imposition of alternative service by inserting ‘‘valueless material or’’ before SHORE DRILLING UNITS.— requirements.’’. ‘‘dredged material’’. ‘‘(1) IN GENERAL.—Only a vessel for which a (2) APPLICATION.—Section 51306(e) of title (2) The item for section 55110 in the anal- certificate of documentation with a registry 46, United States Code, as added by para- ysis for chapter 551 is amended by inserting endorsement is issued may engage in— graph (1), applies only to an individual who ‘‘valueless material or’’ before ‘‘dredged ma- ‘‘(A) the setting, relocation, or recovery of enrolls as a cadet at the United States Mer- terial’’. the anchors or other mooring equipment of a chant Marine Academy, and signs an agree- (c) OCEANOGRAPHIC RESEARCH VESSELS AND mobile offshore drilling unit that is located ment under section 51306(a) of title 46, after SAILING SCHOOL VESSELS.— over the outer Continental Shelf (as defined October 17, 2006. (1) Section 10101(3) of title 46, United in section 2(a) of the Outer Continental Shelf (c) SECTION 51306(f).— States Code, is amended by inserting ‘‘on an Lands Act (43 U.S.C. 1331(a))); or (1) IN GENERAL.—Section 51306 of title 46, oceanographic research vessel’’ after ‘‘sci- ‘‘(B) the transportation of merchandise or United States Code, is further amended by entific personnel’’. personnel to or from a point in the United adding at the end the following: (2) Section 50503 of title 46, United States States from or to a mobile offshore drilling ‘‘(f) SERVICE OBLIGATION PERFORMANCE RE- Code, is amended by striking ‘‘An oceano- unit located over the outer Continental Shelf PORTING REQUIREMENT.— graphic research vessel’’ and all that follows that is not attached to the seabed. ‘‘(1) IN GENERAL.—Subject to any otherwise and inserting the following: ‘‘(2) COASTWISE TRADE NOT AUTHORIZED.— applicable restrictions on disclosure in sec- ‘‘(a) DEFINITIONS.—In this section, the Nothing in paragraph (1) authorizes the em- tion 552a of title 5, the Secretary of Defense, terms ‘oceanographic research vessel’ and ployment in the coastwise trade of a vessel the Secretary of the department in which ‘scientific personnel’ have the meaning given that does not meet the requirements of sec- the Coast Guard is operating, the Adminis- those terms in section 2101 of this title. tion 12112 of this title.’’. trator of the National Oceanic and Atmos- ‘‘(b) NOT SEAMEN.—Scientific personnel on (2) Section 12139(a) is amended by striking pheric Administration, and the Surgeon Gen- an oceanographic research vessel are deemed ‘‘and charterers’’ and inserting ‘‘charterers, eral of the Public Health Service— not to be seamen under part G of subtitle II, and mortgagees’’. ‘‘(A) shall report the status of obligated section 30104, or chapter 303 of this title. (3) Section 51307 is amended— service of an individual graduate of the ‘‘(c) NOT ENGAGED IN TRADE OR COM- (A) by striking ‘‘and’’ at the end of para- Academy upon request of the Secretary; and MERCE.—An oceanographic research vessel is graph (2); ‘‘(B) may, in their discretion, notify the deemed not to be engaged in trade or com- (B) by striking ‘‘organizations.’’ in para- Secretary of any failure of the graduate to merce.’’. graph (3) and inserting ‘‘organizations; and’’; perform the graduate’s duties, either on ac- (3) Section 50504(b)(1) of title 46, United and tive duty or in the Ready Reserve component States Code, is amended by striking ‘‘parts (C) by adding at the end the following: of their respective service, or as a commis- B, F, and G of subtitle II’’ and inserting ‘‘(4) on any other vessel considered by the sioned officer of the National Oceanic and ‘‘part B, F, or G of subtitle II, section 30104, Secretary to be necessary or appropriate or Atmospheric Administration or the Public or chapter 303’’. in the national interest.’’. Health Service, respectively. SEC. —209. APPLICATION OF SUNSET PROVISION (4) Section 55105(b)(3) is amended by strik- ‘‘(2) INFORMATION TO BE PROVIDED.—A re- TO CODIFIED PROVISION. ing ‘‘Secretary of the department in which port or notice under paragraph (1) shall iden- For purposes of section 303 of the Jobs and the Coast Guard is operating’’ and inserting tify any graduate determined to have failed Growth Tax Relief Reconciliation Act of 2003 ‘‘Secretary of Homeland Security’’. to comply with service obligation require- (Public Law 108–27, 26 U.S.C. 1 note), the (5) Section 70306(a) is amended by striking ments and provide all required information amendment made by section 301(a)(2)(E) of ‘‘Not later than February 28 of each year, the as to why such graduate failed to comply. that Act shall be deemed to have been made Secretary shall submit a report’’ and insert- ‘‘(3) CONSIDERED AS IN DEFAULT.—Upon re- to section 53511(f)(2) of title 46, United States ing ‘‘The Secretary shall submit an annual ceipt of such a report or notice, such grad- Code. report’’. uate may be considered to be in default of SEC. —210. ADDITIONAL TECHNICAL CORREC- (6) Section 70502(d)(2) is amended to read as the graduate’s service obligations by the TIONS. follows: Secretary, and subject to all remedies the (a) AMENDMENTS TO TITLE 46.—Title 46, ‘‘(2) RESPONSE TO CLAIM OF REGISTRY.—The Secretary may have with respect to such a United States Code, is amended as follows: response of a foreign nation to a claim of default.’’. (1) The analysis for chapter 21 is amended registry under paragraph (1)(A) or (C) may be (2) APPLICATION.—Section 51306(f) of title by striking the item relating to section 2108. made by radio, telephone, or similar oral or 46, United States Code, as added by para- (2) Section 12113(g) is amended by inserting electronic means, and is proved conclusively graph (1), does not apply with respect to an ‘‘and’’ after ‘‘Conservation’’.

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(3) Section 12131 is amended by striking SEC. 1070. HUBZONES. (b) POLICY.—It is the policy of the Untied ‘‘commmand’’ and inserting ‘‘command’’. (a) IN GENERAL.—Section 3(p)(4)(D) of the States to protect its military and civilian (b) AMENDMENTS TO PUBLIC LAW 109–304.— Small Business Act (15 U.S.C. 632(p)(4)(D)) is satellites and to research all potential (1) AMENDMENTS.—Public Law 109–304 is amended— means of doing so. amended as follows: (1) by redesignating clauses (i), (ii), (iii), (A) Section 15(10) is amended by striking and (iv) as subclauses (I), (II), (III), and (IV), SA 2961. Mr. DOMENICI submitted an ‘‘46 App. U.S.C.’’ and inserting ‘‘46 U.S.C. respectively, and adjusting the margin ac- amendment intended to be proposed to App.’’. cordingly; amendment SA 2011 proposed by Mr. (2) by striking ‘‘means lands’’ and insert- (B) Section 15(30) is amended by striking NELSON of Nebraska (for Mr. LEVIN) to ‘‘Shipping Act, 1936’’ and inserting ‘‘Shipping ing the following ‘‘means— ‘‘(i) lands’’; and the bill H.R. 1585, to authorize appro- Act, 1916’’. priations for fiscal year 2008 for mili- (C) The schedule of Statutes at Large re- (3) by striking the period at the end and in- pealed in section 19, as it relates to the Act serting the following: ‘‘; and tary activities of the Department of of June 29, 1936, is amended by— ‘‘(ii) during the 5-year period beginning on Defense, for military construction, and (i) striking the second section ‘‘1111’’ (re- the date that a military installation is for defense activities of the Depart- lating to 46 U.S.C. App. 1279f) and inserting closed under an authority described in clause ment of Energy, to prescribe military section ‘‘1113’’; and (i), areas adjacent to or within a reasonable personnel strengths for such fiscal (ii) striking the second section ‘‘1112’’ (re- commuting distance of lands described in clause (i) that are directly economically af- year, and for other purposes; which was lating to 46 U.S.C. App. 1279g) and inserting ordered to lie on the table; as follows: section ‘‘1114’’. fected by the closing of that military instal- At the end of subtitle C of title X, add the (2) EFFECTIVE DATE.—The amendments lation, as determined by the Secretary of made by paragraph (1) shall be effective as if Housing and Urban Development.’’. following: (b) FEASIBILITY STUDY.—Not later than 6 included in the enactment of Public Law 109– SEC. 1031. NATIONAL GUARD SUPPORT FOR BOR- months after the date of enactment of this 304. DER CONTROL ACTIVITIES. Act, the Secretary of Housing and Urban De- (a) SUPPORT AUTHORIZED.— (c) REPEAL OF DUPLICATIVE OR velopment shall conduct a study of the feasi- (1) IN GENERAL.—Chapter 1 of title 32, UNEXECUTABLE AMENDMENTS.— bility of, and submit to the Committee on United States Code, is amended by inserting (1) REPEAL.—Sections 9(a), 15(21) and Small Business and Entrepreneurship of the after section 112 the following new section: (33)(A) through (D)(i), and 16(c)(2) of Public Senate and the Committee on Small Busi- Law 109–304 are repealed. ness of the House of Representatives a report ‘‘§ 112a. Border control activities (2) INTENDED EFFECT.—The provisions re- regarding, designating as a HUBZone (as ‘‘(a) FUNDING ASSISTANCE.—The Secretary pealed by paragraph (1) shall be treated as if that term is defined in section 3 of the Small of Defense may provide funds to the Gov- never enacted. Business Act (15 U.S.C. 632), as amended by ernor of a State who submits to the Sec- (d) LARGE PASSENGER VESSEL CREW RE- this Act) any area that does not qualify as a retary a State border control activities plan QUIREMENTS.—Section 8103(k)(3)(C)(iv) of HUBZone solely because that area is located satisfying the requirements of subsection (c). title 46, United States Code, is amended by within a county located within a metropoli- Such funds shall be used for the following: inserting ‘‘and section 252 of the Immigra- tan statistical area (as defined by the Office ‘‘(1) The pay, allowances, clothing, subsist- tion and Nationality Act (8 U.S.C. 1282)’’ of Management and Budget). The report sub- ence, gratuities, travel, and related expenses, after ‘‘of such section’’. mitted under this subsection shall include as authorized by State law, of personnel of any legislative recommendations relating to the National Guard of that State used, while Mr. VITTER submitted an the findings of the feasibility study con- not in Federal service, for the purpose of bor- SA 2958. ducted under this subsection. amendment intended to be proposed to der control activities. ‘‘(2) The operation and maintenance of the amendment SA 2919 submitted by Mr. SA 2960. Mr. KYL (for himself, Mr. equipment and facilities of the National DURBIN (for himself, Mr. HAGEL, Mr. NELSON of Florida, Mr. SESSIONS, and Guard of that State used for the purpose of LUGAR, and Mr. HATCH) and intended to Mr. THUNE) submitted an amendment border control activities. be proposed to the bill H.R. 1585, to au- intended to be proposed to amendment ‘‘(3) The procurement of services and thorize appropriations for fiscal year SA 2011 proposed by Mr. NELSON of Ne- equipment, and the leasing of equipment, for 2008 for military activities of the De- braska (for Mr. LEVIN) to the bill H.R. the National Guard of that State used for the partment of Defense, for military con- 1585, to authorize appropriations for purpose of border control activities. How- struction, and for defense activities of fiscal year 2008 for military activities ever, the use of such funds for the procure- ment of equipment may not exceed $5,000 per the Department of Energy, to prescribe of the Department of Defense, for mili- item, unless approval for procurement of military personnel strengths for such tary construction, and for defense ac- equipment in excess of that amount is grant- fiscal year, and for other purposes; tivities of the Department of Energy to ed in advance by the Secretary of Defense. which was ordered to lie on the table; prescribe military personnel strengths ‘‘(b) USE OF PERSONNEL PERFORMING FULL- as follows: for such fiscal year, and for other pur- TIME NATIONAL GUARD DUTY.—(1) Under reg- poses; which was ordered to lie on the ulations prescribed by the Secretary of De- On page 18, after line 19, add the following: table; as follows: fense, personnel of the National Guard of a SEC. 3313. EFFECTIVE DATE. At the end of subtitle C of title II, add the State may, in accordance with the State bor- This title shall not take effect until the following: der control activities plan referred to in sub- date on which the President certifies that SEC. 236. POLICY ON PROGRAMS IN SPACE TO DE- section (c), be ordered to perform full-time the integrated entry and exit data system re- FEND UNITED STATES ASSETS. National Guard duty under section 502(f) of quired under section 110 of the Illegal Immi- (a) FINDINGS.—Congress makes the fol- this title for the purpose of carrying out bor- gration Reform and Immigrant Responsi- lowing findings: der control activities. bility Act of 1996 (8 U.S.C. 1365a), which was (1) United States space-based satellites ‘‘(2)(A) A member of the National Guard required to be implemented not later than provide automated reconnaissance and map- serving on full-time National Guard duty December 21, 2005, has been fully imple- ping, aid weather prediction, track fleet and under orders authorized under paragraph (1) mented and is functioning at every land, sea, troop movements, give accurate positions of shall participate in the training required and air port of entry into the United States. United States and enemy forces, and guide under section 502(a) of this title in addition missiles and pilotless planes to their targets to the duty performed for the purpose au- during military operations. thorized under that paragraph. The pay, al- SA 2959. Ms. SNOWE submitted an (2) United States access to space is depend- amendment intended to be proposed to lowances, and other benefits of the member ent upon our ability to defend our space as- while participating in the training shall be sets. amendment SA 2011 proposed by Mr. the same as those to which the member is (3) China has an aggressive mission to gain NELSON of Nebraska (for Mr. LEVIN) to entitled while performing duty for the pur- the bill H.R. 1585, to authorize appro- space power, and on January 17, 2007, China successfully conducted an anti-satellite pose of carrying out border control activi- priations for fiscal year 2008 for mili- (ASAT) weapons test that successfully de- ties. The member is not entitled to addi- tary activities of the Department of stroyed an inactive Chinese weather satellite tional pay, allowances, or other benefits for Defense, for military construction, and which the resulting space debris generated participation in training required under sec- for defense activities of the Depart- threatens the space assets of many nations. tion 502(a)(1) of this title. ment of Energy, to prescribe military (4) Space-based weapons in the hands of ‘‘(B) Appropriations available for the De- partment of Defense for homeland defense personnel strengths for such fiscal hostile states constitute an asymmetric ca- pability designed to undermine United may be used for paying costs associated with year, and for other purposes; which was States strengths. a member’s participation in training de- ordered to lie on the table; as follows: (5) Space-based assets have the potential to scribed in subparagraph (A). The appropria- At the end of subtitle E of title X, add the prevent interference with United States sat- tion shall be reimbursed in full, out of appro- following: ellites. priations available for paying those costs,

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11873 for the amounts paid. Appropriations avail- order to duty with State pay and allowances tion, and for defense activities of the able for paying those costs shall be available being reimbursed with funds provided under Department of Energy, to prescribe for making the reimbursements. subsection (a)(1). military personnel strengths for such ‘‘(C) To ensure that the use of units and ‘‘(2) The Secretary of Defense may increase personnel of the National Guard of a State the end strength authorized under paragraph fiscal year, and for other purposes; pursuant to a State border control activities (1) by not more than 20 percent for any fiscal which was ordered to lie on the table; plan does not degrade the training and readi- year if the Secretary determines that such as follows: ness of such units and personnel, the fol- an increase is necessary in the national secu- On page 175, between lines 10 and 11, insert lowing requirements shall apply in deter- rity interests of the United States. the following: mining the border control activities that ‘‘(f) ANNUAL REPORT.—The Secretary of De- fense shall submit to Congress an annual re- SEC. 703. IMPLEMENTATION OF RECOMMENDA- units and personnel of the National Guard of TIONS OF DEPARTMENT OF DE- a State may perform: port regarding assistance provided and ac- FENSE MENTAL HEALTH TASK ‘‘(i) The performance of the activities may tivities carried out under this section during FORCE. not adversely affect the quality of that the preceding fiscal year. The report shall in- (a) IN GENERAL.—As soon as practicable, training or otherwise interfere with the abil- clude the following: but not later than May 31, 2008, the Sec- ity of a member or unit of the National ‘‘(1) The number of members of the Na- retary of Defense shall implement the rec- Guard to perform the military functions of tional Guard excluded under subsection (e) ommendations of the Department of Defense the member or unit. from the computation of end strengths. Task Force on Mental Health developed pur- ‘‘(ii) National Guard personnel will not de- ‘‘(2) A description of the border control ac- suant to section 723 of the National Defense grade their military skills as a result of per- tivities conducted under State border con- Authorization Act for Fiscal Year 2006 (Pub- forming the activities. trol activities plans referred to in subsection lic Law 109–163; 119 Stat. 3348) to ensure a full ‘‘(iii) The performance of the activities (c) with funds provided under this section. continuum of psychological health services will not result in a significant increase in ‘‘(3) An accounting of the amount of funds and care for members of the Armed Forces the cost of training. provided to each State. and their families. ‘‘(4) A description of the effect on military ‘‘(iv) In the case of border control activi- (b) IMPLEMENTATION OF CERTAIN REC- training and readiness of using units and ties performed by a unit organized to serve OMMENDATIONS.—Not later than 180 days as a unit, the activities will support valid personnel of the National Guard to perform after the date of the enactment of this Act, unit training requirements. activities under the State border control ac- the Secretary shall implement the following ‘‘(c) PLAN REQUIREMENTS.—A State border tivities plans. recommendations of the Department of De- control activities plan shall— ‘‘(g) STATUTORY CONSTRUCTION.—Nothing fense Task Force on Mental Health: ‘‘(1) specify how personnel of the National in this section shall be construed as a limita- (1) The implementation of a comprehensive Guard of that State are to be used in border tion on the authority of any unit of the Na- public education campaign to reduce the control activities in support of the mission tional Guard of a State, when such unit is stigma associated with mental health prob- of the United States Customs and Border not in Federal service, to perform law en- lems. Protection of the Department of Homeland forcement functions authorized to be per- (2) The appointment of a psychological di- Security; formed by the National Guard by the laws of rector of health for each military depart- ‘‘(2) certify that those operations are to be the State concerned. ment, each military treatment facility, the conducted at a time when the personnel in- ‘‘(h) DEFINITIONS.—In this section: National Guard, and the Reserve Component, volved are not in Federal service; ‘‘(1) The term ‘border control activities’, and the establishment of a psychological ‘‘(3) certify that participation by National with respect to the National Guard of a health council. Guard personnel in those operations is serv- State, means the use of National Guard per- (3) The establishment of a center of excel- ice in addition to training required under sonnel in border control activities author- lence for the study of psychological health. section 502 of this title; ized by the law of the State and requested by (4) The enhancement of TRICARE benefits ‘‘(4) certify that any engineer-type activi- the Governor of the State in support of the and care for mental health problems. ties (as defined by the Secretary of Defense) mission of the United States Customs and (5) The implementation of an annual psy- under the plan will be performed only by Border Protection of the Department of chological health assessment addressing cog- units and members of the National Guard; Homeland Security, including activities as nition, psychological functioning, and over- ‘‘(5) include a certification by the Attorney follows: all psychological readiness for each member General of the State (or, in the case of a ‘‘(A) Construction of roads, fences, and ve- of the Armed Forces, including members of State with no position of Attorney General, hicle barriers. the National Guard and Reserve Component. a civilian official of the State equivalent to ‘‘(B) Search and rescue operations. (6) The development of a model for allo- a State attorney general) that the use of the ‘‘(C) Intelligence gathering, surveillance, cating resources to military mental health National Guard of the State for the activi- and reconnaissance. facilities, and services embedded in line ties proposed under the plan is authorized ‘‘(D) Communications and information units, based on an assessment of the needs of by, and is consistent with, State law; and technology support. and risks faced by the populations served by ‘‘(6) certify that the Governor of the State ‘‘(E) Installation and operation of cameras. such facilities and services. or a civilian law enforcement official of the ‘‘(F) Repair and maintenance of infrastruc- (7) The issuance of a policy directive to en- State designated by the Governor has deter- ture. sure that each military department carefully mined that any activities included in the ‘‘(G) Administrative support. assesses the history of occupational exposure plan that are carried out in conjunction with ‘‘(H) Aviation support, including mainte- to conditions potentially resulting in post- Federal law enforcement agencies serve a nance. traumatic stress disorder, traumatic brain State law enforcement purpose. ‘‘(I) Logistics support. injury, or related diagnoses in members of ‘‘(d) EXAMINATION OF PLAN.—Before funds ‘‘(2) The term ‘Governor of a State’ means, the Armed Forces facing administrative or are provided to the Governor of a State in the case of the District of Columbia, the under this section and before members of the Commanding General of the National Guard medical discharge. National Guard of that State are ordered to of the District of Columbia. (8) The maintenance of adequate family full-time National Guard duty as authorized ‘‘(3) The term ‘State’ means each of the support programs for families of deployed in subsection (b), the Secretary of Defense several States, the District of Columbia, the members of the Armed Forces. shall, in consultation with the Secretary of Commonwealth of Puerto Rico, or a terri- (c) RECOMMENDATIONS REQUIRING LEGISLA- Homeland Security, examine the adequacy of tory or possession of the United States.’’. TIVE ACTION.—Not later than 60 days after the plan submitted by the Governor under (2) CLERICAL AMENDMENT.—The table of the date of the enactment of this Act, the subsection (c). The plan as approved by the sections at the beginning of chapter 1 of such Secretary shall submit to the congressional Secretary of Defense may provide for the use title is amended by inserting after the item defense committees a description of any leg- of personnel and equipment of the National relating to section 112 the following new islative action required to implement the Guard of that State to assist the Immigra- item: recommendations of the Department of De- tion and Naturalization Service in the trans- ‘‘112a. Border control activities.’’. fense Mental Health Task Force. (d) RECOMMENDATIONS TO BE NOT IMPLE- portation of aliens who have violated a Fed- (b) EFFECTIVE DATE.—The amendments MENTED.—Not later than 180 days after the eral immigration law. made by this section shall take effect on Oc- date of the enactment of this Act, the Sec- ‘‘(e) END STRENGTH LIMITATION.—(1) Except tober 1, 2007. as provided in paragraph (2), at the end of a retary shall submit to the congressional de- fiscal year there may not be more than 6,000 SA 2962. Mrs. BOXER (for herself, Mr. fense committees a description of any rec- ommendations of the Department of Defense members of the National Guard— LIEBERMAN, and Mr. OBAMA) submitted Mental Health Task Force the Secretary of ‘‘(A) on full-time National Guard duty an amendment intended to be proposed under section 502(f) of this title to perform Defense has determined not to implement. border control activities pursuant to an by her to the bill H.R. 1585, to author- (e) PROGRESS REPORTS REQUIRED.— order to duty; or ize appropriations for fiscal year 2008 (1) IN GENERAL.—Not later than 180 days ‘‘(B) on duty under State authority to per- for military activities of the Depart- after the date of the enactment of this Act, form border control activities pursuant to an ment of Defense, for military construc- and every six months thereafter until the

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11874 CONGRESSIONAL RECORD — SENATE September 20, 2007 date described in paragraph (2), the Sec- military activities of the Department international terrorist organizations, and (3) retary shall submit to the congressional de- of Defense, for military construction, protecting United States and Coalition per- fense committees a report on the status of and for defense activities of the De- sonnel and infrastructure, and redeploy the implementation of the recommendations partment of Energy, to prescribe mili- United States forces not necessary to com- of the Department of Defense Mental Health plete such missions by not later than nine Task Force. tary personnel strengths for such fiscal months after the date of the enactment of (2) DATE DESCRIBED.—The date described in year, and for other purposes; which was this Act. this paragraph is the date on which all rec- ordered to lie on the table; as follows: ommendations of the Department of Defense At the end of subtitle C of title XII, add SA 2967. Mr. KERRY submitted an Mental Health Task Force have been imple- the following: amendment intended to be proposed by mented other than the recommendations the SEC. 1234. PLAN FOR POLITICAL AND ECONOMIC him to the bill H.R. 1585, to authorize Secretary has determined pursuant to sub- DEVELOPMENT IN AFGHANISTAN. appropriations for fiscal year 2008 for section (d) not to implement. (a) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, military activities of the Department SA 2963. Ms. LANDRIEU submitted the Secretary of State and the Adminis- of Defense, for military construction, an amendment intended to be proposed trator of the United States Agency for Inter- and for defense activities of the De- by her to the bill H.R. 1585, to author- national Development shall jointly submit partment of Energy, to prescribe mili- ize appropriations for fiscal year 2008 to Congress a comprehensive 5-year plan for tary personnel strengths for such fiscal for military activities of the Depart- United States support and assistance in the year, and for other purposes; which was ment of Defense, for military construc- political and economic development of Af- ordered to lie on the table; as follows: ghanistan. tion, and for defense activities of the (b) CONSULTATION.—In preparing the plan At the end of subtitle C of title XV, add the Department of Energy, to prescribe under subsection (a), the Secretary of State following: military personnel strengths for such and the Administrator of the United States SEC. 1535. CONDITIONING OF UNITED STATES fiscal year, and for other purposes; Agency for International Development shall SUPPORT FOR GOVERNMENT OF which was ordered to lie on the table; consult with, among others, the Secretary of IRAQ ON MEETING KEY POLITICAL as follows: Defense, the Secretary of Agriculture, the BENCHMARKS. Attorney General, the Secretary-General of (a) FINDINGS.—Congress makes the fol- At the end of title XXVI, add the fol- the United Nations, the NATO Secretary lowing findings: lowing: General, and the heads of other international (1) On November 27, 2006, Prime Minister of SEC. 2611. RELOCATION OF UNITS FROM ROB- and nongovernmental organizations dedi- Iraq Nuri al-Maliki stated that ‘‘[t]he crisis ERTS UNITED STATES ARMY RE- is political, and the ones who can stop the SERVE CENTER AND NAVY-MARINE cated to international development. CORPS RESERVE CENTER, BATON cycle of aggravation and bloodletting of in- ROUGE, LOUISIANA. SA 2966. Mr. KERRY submitted an nocents are the politicians’’. For the purpose of siting an Army Reserve amendment intended to be proposed by (2) On January 7, 2007, President George W. Center and Navy-Marine Corps Reserve Cen- him to the bill H.R. 1585, to authorize Bush stated in a speech to the Nation that ter for which funds are authorized to be ap- appropriations for fiscal year 2008 for the purpose of sending more troops to Iraq propriated in this Act in Baton Rouge, Lou- military activities of the Department was to provide ‘‘breathing space’’ to the isiana, the Secretary of the Army may use Iraqis to achieve national reconciliation, and of Defense, for military construction, that ‘‘America will hold the Iraqi govern- land under the control of the State of Lou- and for defense activities of the De- isiana adjacent to, or in the vicinity of the ment to the benchmarks it has announced’’. Baton Rouge airport, Baton Rouge, Lou- partment of Energy, to prescribe mili- (3) On September 4, 2007, the Government isiana at a location determined by the Sec- tary personnel strengths for such fiscal Accountability Office reported that the Gov- retary to be in the best interest of national year, and for other purposes; which was ernment of Iraq had met only one of the security and in the public interest. ordered to lie on the table; as follows: eight legislative benchmarks necessary for political reconciliation. At the end of subtitle C of title XV, add the SA 2964. Mr. DURBIN submitted an following: (b) SENSE OF CONGRESS.—It is the sense of Congress that the United States strategy in amendment intended to be proposed by SEC. 1535. POLICY OF THE UNITED STATES ON A him to the bill H.R. 1585, to authorize VOTE BY THE PARLIAMENT OF IRAQ Iraq should be conditioned on the Govern- appropriations for fiscal year 2008 for ON THE UNITED STATES MILITARY ment of Iraq meeting key political bench- marks, as told to members of Congress by military activities of the Department MISSION IN IRAQ. (a) FINDINGS.—Congress makes the fol- the President, the Secretary of State, the of Defense, for military construction, lowing findings: Secretary of Defense, and the Chairman of and for defense activities of the De- (1) Section 1314(d) of the U.S. Troop Readi- the Joint Chiefs of Staff, and reflected in the partment of Energy, to prescribe mili- ness, Veterans’ Care, Katrina Recovery, and commitments of the Government of Iraq to tary personnel strengths for such fiscal Iraq Accountability Appropriations Act of the United States and to the international year, and for other purposes; which was 2007 (Public Law 110–28; 121 Stat. 125) states community, including— ordered to lie on the table; as follows: that ‘‘[t]he President of the United States, in (1) forming a Constitutional Review Com- respecting the sovereign rights of the nation mittee and then completing the constitu- At the end of subtitle D of title I, add the tional review; following: of Iraq, shall direct the orderly redeploy- ment of elements of U.S. forces from Iraq, if (2) enacting and implementing legislation SEC. 143. C–40 AIRCRAFT. the components of the Iraqi government, on de-Ba’aathification; (a) ADDITIONAL AMOUNT FOR AIRCRAFT.— acting in strict accordance with their respec- (3) enacting and implementing legislation The amount authorized to be appropriated tive powers given by the Iraqi Constitution, to ensure the equitable distribution of hy- by section 103(1) for procurement of aircraft reach a consensus as recited in a resolution, drocarbon resources of the people of Iraq the Air Force is hereby increased by directing a redeployment of U.S. forces’’. without regard to the sect or ethnicity of re- $85,000,000. (2) President George W. Bush stated on cipients, and enacting and implementing leg- (b) AVAILABILITY.—Of the amount author- April 24, 2007, that if the Government of Iraq islation to ensure that the energy resources ized to be appropriated by section 103(1) for ‘‘said get out now, we’re tired of the coali- of Iraq benefit Sunni Arabs, Shia Arabs, procurement of aircraft for the Air Force, as tion presence, U.S.’s presence is counter- Kurds, and other Iraqi citizens in an equi- increased by subsection (a), $85,000,000 may productive, we would leave’’. table manner; and be available for the procurement of one C–40 (3) In May 2007, a majority of the members (4) enacting and implementing legislation aircraft. of the Parliament of Iraq reportedly signed establishing an Independent High Electoral (c) OFFSET.—The amount authorized to be draft legislation calling for a timetable for Commission, provincial elections law, pro- appropriated by section 102(a)(1) for procure- the withdrawal of United States forces from vincial council authorities, and a date for ment of aircraft for the Navy is hereby re- Iraq. provincial elections. duced by $85,000,000, with the amount of the (b) POLICY OF THE UNITED STATES.—It shall (c) COMPTROLLER GENERAL REPORT.—Not reduction to be allocated as follows: be the policy of the United States to request later than 90 days after the date of the enact- (1) $69,000,000 to amounts available for pro- that the Prime Minister of Iraq submit to ment of this Act, the Comptroller General of curement of UH–1Y/AH–1Z helicopters. the Parliament of Iraq a resolution stating the United States shall submit to Congress (2) $16,000,000 to amounts available for pro- that it is in the interests of the people of an independent report setting forth— curement of E–2C aircraft. Iraq to transition the United States military (1) the status of the achievement by the mission in Iraq to (1) training, equipping, Government of Iraq of each of the bench- SA 2965. Mr. DURBIN submitted an and providing logistic support to the Iraqi marks described in subsection (a)(3); and amendment intended to be proposed by Security Forces, (2) engaging in targeted (2) the Comptroller General’s assessment of him to the bill H.R. 1585, to authorize counterterrorism operations against al whether or not each benchmark has been appropriations for fiscal year 2008 for Qaeda, al Qaeda-affiliated groups, and other met.

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(d) WITHDRAWAL OF POLITICAL SUPPORT.—If ‘‘(d) INTERAGENCY TASK FORCE.— TITLE XLII—NATIONAL RESERVIST EN- in the report under subsection (c) the Comp- ‘‘(1) ESTABLISHMENT.—Not later than 90 TERPRISE TRANSITION AND SUSTAIN- troller General determines that the Govern- days after the date of enactment of this sub- ABILITY ment of Iraq has not met each of the bench- section, the President shall establish an SEC. 4201. SHORT TITLE. marks described in subsection (a)(3), the interagency task force to coordinate the ef- This title may be cited as the ‘‘National United States shall immediately withdraw forts of Federal agencies necessary to in- Reservist Enterprise Transition and Sustain- political support for the Government of Iraq crease capital and business development op- ability Act of 2007’’. under Prime Minister Nuri al-Maliki and portunities for, and increase the award of SEC. 4202. PURPOSE. support efforts by the Iraqi Parliament to Federal contracting and subcontracting op- The purpose of this title is to establish a form a new government. portunities to, small business concerns program to— owned and controlled by service-disabled (1) provide managerial, financial, planning, SA 2968. Mr. KERRY (for himself, Ms. veterans and small business concerns owned development, technical, and regulatory as- SNOWE, Mr. HAGEL, Ms. LANDRIEU, Mr. and controlled by veterans (in this section sistance to small business concerns owned LIEBERMAN, and Ms. CANTWELL) sub- referred to as the ‘task force’). and operated by Reservists; mitted an amendment intended to be ‘‘(2) MEMBERSHIP.—The members of the (2) provide managerial, financial, planning, proposed by him to the bill H.R. 1585, task force shall include— development, technical, and regulatory as- to authorize appropriations for fiscal ‘‘(A) the Administrator, who shall serve as sistance to the temporary heads of small year 2008 for military activities of the chairperson of the task force; business concerns owned and operated by Re- Department of Defense, for military ‘‘(B) a representative from— servists; construction, and for defense activities ‘‘(i) the Department of Veterans Affairs; (3) create a partnership between the Small ‘‘(ii) the Department of Defense; Business Administration, the Department of of the Department of Energy, to pre- Defense, and the Department of Veterans Af- scribe military personnel strengths for ‘‘(iii) the Administration (in addition to the Administrator); fairs to assist small business concerns owned such fiscal year, and for other pur- and operated by Reservists; poses; which was ordered to lie on the ‘‘(iv) the Department of Labor; ‘‘(v) the Department of the Treasury; (4) utilize the service delivery network of table; as follows: ‘‘(vi) the General Services Administration; small business development centers, wom- At the end, add the following: and en’s business centers, Veterans Business Out- DIVISION D—VETERAN SMALL ‘‘(vii) the Office of Management and Budg- reach Centers, and centers operated by the BUSINESSES et; and National Veterans Business Development Corporation to expand the access of small SEC. 4001. SHORT TITLE. ‘‘(C) 4 representatives from a veterans business concerns owned and operated by Re- This division may be cited as the ‘‘Military service or military organization, selected by Reservist and Veteran Small Business Reau- the President. servists to programs providing business man- agement, development, financial, procure- thorization and Opportunity Act of 2007’’. ‘‘(3) DUTIES.—The task force shall coordi- ment, technical, regulatory, and marketing SEC. 4002. DEFINITIONS. nate administrative and regulatory activi- assistance; In this division— ties and develop proposals relating to— (5) utilize the service delivery network of (1) the term ‘‘activated’’ means receiving ‘‘(A) increasing capital access and capacity small business development centers, wom- an order placing a Reservist on active duty; of small business concerns owned and con- en’s business centers, Veterans Business Out- (2) the term ‘‘active duty’’ has the meaning trolled by service-disabled veterans and reach Centers, and centers operated by the given that term in section 101 of title 10, small business concerns owned and con- National Veterans Business Development United States Code; trolled by veterans through loans, surety Corporation to quickly respond to an activa- (3) the terms ‘‘Administration’’ and ‘‘Ad- bonding, and franchising; tion of Reservists that own and operate ministrator’’ mean the Small Business Ad- ‘‘(B) increasing access to Federal con- small business concerns; and ministration and the Administrator thereof, tracting and subcontracting for small busi- (6) utilize the service delivery network of respectively; ness concerns owned and controlled by serv- small business development centers, wom- (4) the term ‘‘Reservist’’ means a member ice-disabled veterans and small business con- en’s business centers, Veterans Business Out- of a reserve component of the Armed Forces, cerns owned and controlled by veterans reach Centers, and centers operated by the as described in section 10101 of title 10, through expanded mentor-prote´ge´ assistance National Veterans Business Development United States Code; and matching such small business concerns Corporation to assist Reservists that own (5) the term ‘‘Service Corps of Retired Ex- with contracting opportunities; and operate small business concerns in pre- ecutives’’ means the Service Corps of Retired ‘‘(C) increasing the integrity of certifi- paring for future military activations. Executives authorized by section 8(b)(1) of cations of status as a small business concern the Small Business Act (15 U.S.C. 637(b)(1)); owned and controlled by service-disabled SEC. 4203. NATIONAL GUARD AND RESERVE BUSI- NESS ASSISTANCE. (6) the terms ‘‘service-disabled veteran’’ veterans or a small business concern owned (a) IN GENERAL.—Section 21(a)(1) of the and ‘‘small business concern’’ have the and controlled by veterans; Small Business Act (15 U.S.C. 648(a)(1)) is meaning as in section 3 of the Small Busi- ‘‘(D) reducing paperwork and administra- amended by inserting ‘‘any small business ness Act (15 U.S.C. 632); tive burdens on veterans in accessing busi- development center, women’s business cen- (7) the term ‘‘small business development ness development and entrepreneurship op- ter, Veterans Business Outreach Center, or center’’ means a small business development portunities; and center operated by the National Veterans center described in section 21 of the Small ‘‘(E) making other improvements relating Business Development Corporation providing Business Act (15 U.S.C. 648); and to the support for veterans business develop- enterprise transition and sustainability as- (8) the term ‘‘women’s business center’’ ment by the Federal Government. sistance to Reservists under section 37,’’ means a women’s business center described ‘‘(4) REPORTING.—The task force shall sub- after ‘‘any women’s business center oper- in section 29 of the Small Business Act (15 mit an annual report regarding its activities ating pursuant to section 29,’’. U.S.C. 656). and proposals to— (b) PROGRAM.—The Small Business Act (15 TITLE XLI—VETERANS BUSINESS ‘‘(A) the Committee on Small Business and U.S.C. 631 et seq.) is amended— DEVELOPMENT Entrepreneurship and the Committee on Vet- (1) by redesignating section 37 (15 U.S.C. SEC. 4101. INCREASED FUNDING FOR THE OFFICE erans’ Affairs of the Senate; and 631 note) as section 38; and OF VETERANS BUSINESS DEVELOP- ‘‘(B) the Committee on Small Business and (2) by inserting after section 36 the fol- MENT. the Committee on Veterans’ Affairs of the lowing: (a) IN GENERAL.—There are authorized to House of Representatives.’’. ‘‘SEC. 37. RESERVIST ENTERPRISE TRANSITION be appropriated to the Office of Veterans AND SUSTAINABILITY. SEC. 4103. PERMANENT EXTENSION OF SBA ADVI- Business Development of the Administra- ‘‘(a) IN GENERAL.—The Administrator shall SORY COMMITTEE ON VETERANS tion, to remain available until expended— BUSINESS AFFAIRS. establish a program to provide business plan- (1) $2,100,000 for fiscal year 2008; ning assistance to small business concerns (2) $2,300,000 for fiscal year 2009; and (a) ASSUMPTION OF DUTIES.—Section 33 of owned and operated by Reservists. (3) $2,500,000 for fiscal year 2010. the Small Business Act (15 U.S.C. 657c) is ‘‘(b) DEFINITIONS.—In this section— (b) SENSE OF CONGRESS.—It is the sense of amended— ‘‘(1) the terms ‘activated’ and ‘activation’ Congress that any amounts provided pursu- (1) by striking subsection (h); and mean having received an order placing a Re- ant to this section that are in excess of (2) by redesignating subsections (i) through servists on active duty, as defined by section amounts provided to the Administration for (k) as subsections (h) through (j), respec- 101(1) of title 10, United States Code; the Office of Veterans Business Development tively. ‘‘(2) the term ‘Administrator’ means the in fiscal year 2007, should be used to support Administrator of the Small Business Admin- Veterans Business Outreach Centers. (b) PERMANENT EXTENSION OF AUTHORITY.— istration, acting through the Associate Ad- SEC. 4102. INTERAGENCY TASK FORCE. Section 203 of the Veterans Entrepreneurship ministrator for Small Business Development Section 32 of the Small Business Act (15 and Small Business Development Act of 1999 Centers; U.S.C. 657b) is amended by adding at the end (15 U.S.C. 657b note) is amended by striking ‘‘(3) the term ‘Association’ means the asso- the following: subsection (h). ciation established under section 21(a)(3)(A);

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11876 CONGRESSIONAL RECORD — SENATE September 20, 2007 ‘‘(4) the term ‘eligible applicant’ means— ‘‘(D) standards relating to any national nomic injury in the absence of that Reserv- ‘‘(A) a small business development center service delivery and support function to be ist. that is accredited under section 21(k); provided by a grantee; (2) ESTABLISHMENT.—Not later than 6 ‘‘(B) a women’s business center; ‘‘(E) standards relating to any work plan months after the date of enactment of this ‘‘(C) a Veterans Business Outreach Center that the Administrator may require a grant- Act, the Administrator shall establish a pre- that receives funds from the Office of Vet- ee to develop; and consideration process, under which the Ad- erans Business Development; or ‘‘(F) standards relating to the educational, ministrator— ‘‘(D) an information and assistance center technical, and professional competency of (A) may collect all relevant materials nec- operated by the National Veterans Business any expert or other assistance provider to essary for processing a loan to a small busi- Development Corporation under section 33; whom a small business concern may be re- ness concern under section 7(b)(3) of the ‘‘(5) the term ‘enterprise transition and ferred for assistance by a grantee. Small Business Act (15 U.S.C. 636(b)(3)) be- sustainability assistance’ means assistance ‘‘(e) APPLICATION.— fore an eligible Reservist employed by that provided by an eligible applicant to a small ‘‘(1) IN GENERAL.—Each eligible applicant small business concern is activated; and business concern owned and operated by a desiring a grant under this section shall sub- (B) shall distribute funds for any loan ap- Reservist, who has been activated or is like- mit an application to the Administrator at proved under subparagraph (A) if that eligi- ly to be activated in the next 12 months, to such time, in such manner, and accompanied ble Reservist is activated. develop and implement a business strategy by such information as the Administrator (c) OUTREACH AND TECHNICAL ASSISTANCE for the period while the owner is on active may reasonably require. PROGRAM.— duty and 6 months after the date of the re- ‘‘(2) CONTENTS.—Each application sub- (1) IN GENERAL.—Not later than 6 months turn of the owner; mitted under paragraph (1) shall describe— after the date of enactment of this Act, the ‘‘(6) the term ‘Reservist’ means any person ‘‘(A) the activities for which the applicant Administrator, in consultation with the Sec- who is— seeks assistance under this section; and retary of Veterans Affairs and the Secretary ‘‘(A) a member of a reserve component of ‘‘(B) how the applicant plans to allocate of Defense, shall develop a comprehensive the Armed Forces, as defined by section 10101 funds within its network. outreach and technical assistance program of title 10, United States Code; and ‘‘(f) AWARD OF GRANTS.— (in this subsection referred to as the ‘‘pro- ‘‘(B) on active status, as defined by section ‘‘(1) DEADLINE.—The Administrator shall gram’’) to— 101(d)(4) of title 10, United States Code; award grants not later than 60 days after the (A) market the loans available under sec- ‘‘(7) the term ‘small business development promulgation of final rules and regulations tion 7(b)(3) of the Small Business Act (15 center’ means a small business development under subsection (d). U.S.C. 636(b)(3)) to Reservists, and family center as described in section 21 of the Small ‘‘(2) AMOUNT.—Each eligible applicant members of Reservists, that are on active Business Act (15 U.S.C. 648); awarded a grant under this section shall re- duty and that are not on active duty; and ‘‘(8) the term ‘State’ means each of the ceive a grant in an amount not greater than (B) provide technical assistance to a small several States of the United States, the Dis- $300,000 per fiscal year. business concern applying for a loan under trict of Columbia, the Commonwealth of ‘‘(g) REPORT.— that section. Puerto Rico, the Virgin Islands, American ‘‘(1) IN GENERAL.—The Comptroller General (2) COMPONENTS.—The program shall— Samoa, and Guam; and of the United States shall— (A) incorporate appropriate websites main- ‘‘(9) the term ‘women’s business center’ ‘‘(A) initiate an evaluation of the program tained by the Administration, the Depart- means a women’s business center described not later than 30 months after the disburse- ment of Veterans Affairs, and the Depart- in section 29 of the Small Business Act (15 ment of the first grant under this section; ment of Defense; and U.S.C. 656). and (B) require that information on the pro- ‘‘(c) AUTHORITY.—The Administrator may ‘‘(B) submit a report not later than 6 gram is made available to small business award grants, in accordance with the regula- months after the initiation of the evaluation concerns directly through— tions developed under subsection (d), to eli- under paragraph (1) to— (i) the district offices and resource part- gible applicants to assist small business con- ‘‘(i) the Administrator; ners of the Administration, including small cerns owned and operated by Reservists by— ‘‘(ii) the Committee on Small Business and business development centers, women’s busi- ‘‘(1) providing management, development, Entrepreneurship of the Senate; and ness centers, and the Service Corps of Re- financing, procurement, technical, regu- ‘‘(iii) the Committee on Small Business of tired Executives; and latory, and marketing assistance; the House of Representatives. (ii) other Federal agencies, including the ‘‘(2) providing access to information and ‘‘(2) CONTENTS.—The report under para- Department of Veterans Affairs and the De- resources, including Federal and State busi- graph (1) shall— partment of Defense. ness assistance programs; ‘‘(A) address the results of the evaluation (3) REPORT.— ‘‘(3) distributing contact information pro- conducted under paragraph (1); and (A) IN GENERAL.—Not later than 6 months vided by the Department of Defense regard- ‘‘(B) recommend changes to law, if any, after the date of enactment of this Act, and ing activated Reservists to corresponding that it believes would be necessary or advis- every 6 months thereafter until the date that State directors; able to achieve the goals of this section. is 30 months after such date of enactment, ‘‘(4) offering free, one-on-one, in-depth ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— the Administrator shall submit to Congress counseling regarding management, develop- ‘‘(1) IN GENERAL.—There are authorized to a report on the status of the program. ment, financing, procurement, regulations, be appropriated to carry out this section— (B) CONTENTS.—Each report submitted and marketing; ‘‘(A) $5,000,000 for the first fiscal year be- under subparagraph (A) shall include— ‘‘(5) assisting in developing a long-term ginning after the date of enactment of the (i) for the 6-month period ending on the plan for possible future activation; and Military Reservist and Veteran Small Busi- date of that report— ‘‘(6) providing enterprise transition and ness Reauthorization and Opportunity Act of (I) the number of loans approved under sec- sustainability assistance. 2007; and tion 7(b)(3) of the Small Business Act (15 ‘‘(B) $5,000,000 for each of the 3 fiscal years ‘‘(d) RULEMAKING.— U.S.C. 636(b)(3)); following the fiscal year described in sub- ‘‘(1) IN GENERAL.—The Administrator, in (II) the number of loans disbursed under paragraph (A). consultation with the Association and after that section; and ‘‘(2) LIMITATION ON USE OF OTHER FUNDS.— notice and an opportunity for comment, (III) the total amount disbursed under that The Administrator may carry out the pro- shall promulgate regulations to carry out section; and gram authorized by this section only with this section. (ii) recommendations, if any, to make the amounts appropriated in advance specifi- ‘‘(2) DEADLINE.—The Administrator shall program more effective in serving small cally to carry out this section.’’. promulgate final regulations not later than business concerns that employ Reservists. 180 days of the date of enactment of the Mili- TITLE XLIII—RESERVIST PROGRAMS SEC. 4302. RESERVIST LOANS. tary Reservist and Veteran Small Business SEC. 4301. RESERVIST PROGRAMS. (a) IN GENERAL.—Section 7(b)(3)(E) of the Reauthorization and Opportunity Act of 2007. (a) APPLICATION PERIOD.—Section 7(b)(3)(C) Small Business Act (15 U.S.C. 636(b)(3)(E)) is ‘‘(3) CONTENTS.—The regulations developed of the Small Business Act (15 U.S.C. amended by striking ‘‘$1,500,000’’ each place by the Administrator under this subsection 636(b)(3)(C)) is amended by striking ‘‘90 days’’ such term appears and inserting ‘‘$2,000,000’’. shall establish— and inserting ‘‘1 year’’. (b) LOAN INFORMATION.— ‘‘(A) procedures for identifying, in con- (b) PRE-CONSIDERATION PROCESS.— (1) IN GENERAL.—The Administrator and sultation with the Secretary of Defense, (1) DEFINITION.—In this subsection, the the Secretary of Defense shall develop a States that have had a recent activation of term ‘‘eligible Reservist’’ means a Reservist joint website and printed materials pro- Reservists; who— viding information regarding any program ‘‘(B) priorities for the types of assistance (A) has not been ordered to active duty; for small business concerns that is available to be provided under the program authorized (B) expects to be ordered to active duty to veterans or Reservists. by this section; during a period of military conflict; and (2) MARKETING.—The Administrator is au- ‘‘(C) standards relating to educational, (C) can reasonably demonstrate that the thorized— technical, and support services to be pro- small business concern for which that Re- (A) to advertise and promote the program vided by a grantee; servist is a key employee will suffer eco- under section 7(b)(3) of the Small Business

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11877 Act jointly with the Secretary of Defense study on options for promoting positive of Defense a center of excellence in the pre- and veterans’ service organizations; and working relations between employers and vention, diagnosis, mitigation, treatment, (B) to advertise and promote participation Reserve component employees of such em- and rehabilitation of military eye injuries to by lenders in such program jointly with ployers, including assessing options for im- carry out the responsibilities specified in trade associations for banks or other lending proving the time in which employers of Re- subsection (c). The center shall be known as institutions. servists are notified of the call or order of a ‘Center of Excellence in Prevention, Diag- SEC. 4303. NONCOLLATERALIZED LOANS. such members to active duty other than for nosis, Mitigation, Treatment, and Rehabili- Section 7(b)(3) of the Small Business Act training. tation of Military Eye Injuries’. (15 U.S.C. 636(b)(3)) is amended by adding at (b) REPORT.— ‘‘(b) PARTNERSHIPS.—The Secretary shall the end the following: (1) IN GENERAL.—Not later than 180 days ensure that the Center collaborates to the ‘‘(G)(i) Notwithstanding any other provi- after the date of enactment of this Act, the maximum extent practicable with the De- sion of law, the Administrator may make a Comptroller General of the United States partment of Veterans Affairs, institutions of loan under this paragraph of not more than shall submit to the appropriate committees higher education, and other appropriate pub- $50,000 without collateral. of Congress a report on the study conducted lic and private entities (including inter- ‘‘(ii) The Administrator may defer pay- under subsection (a). national entities) to carry out the respon- ment of principal and interest on a loan de- (2) CONTENTS.—The report submitted under sibilities specified in subsection (c). scribed in clause (i) during the longer of— paragraph (1) shall— ‘‘(c) RESPONSIBILITIES.—(1) The Center ‘‘(I) the 1-year period beginning on the date (A) provide a quantitative and qualitative shall— of the initial disbursement of the loan; and assessment of— ‘‘(A) develop, implement, and oversee a ‘‘(II) the period during which the relevant (i) what measures, if any, are being taken registry of information for the tracking of essential employee is on active duty.’’. to inform Reservists of the obligations and the diagnosis, surgical intervention or other SEC. 4304. LOAN PRIORITY. responsibilities of such members to their em- operative procedure, other treatment, and Section 7(b)(3) of the Small Business Act ployers; follow up for each case of eye injury incurred (15 U.S.C. 636(b)(3)), as amended by this Act, (ii) how effective such measures have been; by a member of the armed forces in combat is amended by adding at the end the fol- and that requires surgery or other operative lowing: (iii) whether there are additional measures intervention; and ‘‘(H) The Administrator shall give priority that could be taken to promote positive ‘‘(B) ensure the electronic exchange with to any application for a loan under this para- working relations between Reservists and Secretary of Veterans Affairs of information graph and shall process and make a deter- their employers, including any steps that obtained through tracking under subpara- mination regarding such applications prior could be taken to ensure that employers are graph (A). to processing or making a determination on timely notified of a call to active duty; and ‘‘(2) The registry under this subsection other loan applications under this sub- (B) assess whether there has been a reduc- shall be known as the ‘Military Eye Injury section, on a rolling basis.’’. tion in the hiring of Reservists by business Registry’. ‘‘(3) The Center shall develop the Registry SEC. 4305. RELIEF FROM TIME LIMITATIONS FOR concerns because of— VETERAN-OWNED SMALL BUSI- (i) any increase in the use of Reservists in consultation with the ophthalmological NESSES. after September 11, 2001; or specialist personnel and optometric spe- Section 3(q) of the Small Business Act (15 (ii) any change in any policy of the Depart- cialist personnel of the Department of De- U.S.C. 632(q)) is amended by adding at the ment of Defense relating to Reservists after fense. The mechanisms and procedures of the end the following: September 11, 2001. Registry shall reflect applicable expert re- ‘‘(5) RELIEF FROM TIME LIMITATIONS.— (c) APPROPRIATE COMMITTEES OF CONGRESS search on military and other eye injuries. ‘‘(4) The mechanisms of the Registry for ‘‘(A) IN GENERAL.—Any time limitation on DEFINED.—In this section, the term ‘‘appro- any qualification, certification, or period of priate committees of Congress’’ means— tracking under paragraph (1)(A) shall ensure participation imposed under this Act on any (1) the Committee on Armed Services and that each military medical treatment facil- program available to small business con- the Committee on Small Business and Entre- ity or other medical facility shall submit to cerns shall be extended for a small business preneurship of the Senate; and the Center for inclusion in the Registry in- concern that— (2) the Committee on Armed Services and formation on the diagnosis, surgical inter- ‘‘(i) is owned and controlled by— the Committee on Small Business of the vention or other operative procedure, other ‘‘(I) a veteran who was called or ordered to House of Representatives. treatment, and follow up for each case of eye active duty under a provision of law specified injury described in that paragraph as follows TITLE XLIV—OFFSET OF AUTHORIZATION in section 101(a)(13)(B) of title 10, United (to the extent applicable): States Code, on or after September 11, 2001; SEC. 4401. OFFSET. ‘‘(A) Not later than 72 hours after surgery or Section 20 of the Small Business Act (15 or other operative intervention. ‘‘(II) a service-disabled veteran who be- U.S.C. 631 note) is amended by inserting ‘‘(B) Any clinical or other operative inter- came such a veteran due to an injury or ill- after subsection (e) the following: vention done within 30 days, 60 days, or 120 ness incurred or aggravated in the active ‘‘(f) MICROLOANS.—For each of fiscal years days after surgery or other operative inter- military, naval, or air service during a pe- 2008 through 2011, for the programs author- vention as a result of a follow-up examina- riod of active duty pursuant to a call or ized by section 7(m), the Administrator is tion. order to active duty under a provision of law authorized to make $42,000,000 in loans.’’. ‘‘(C) Not later than 180 days after surgery referred to in subclause (I) on or after Sep- or other operative intervention. tember 11, 2001; and SA 2969. Mr. KERRY (for himself, Mr ‘‘(5)(A) The Center shall provide notice to ‘‘(ii) was subject to the time limitation DOMENICI, Mr. HAGEL, Mr. OBAMA, and the Blind Service or Low Vision Optometry during such period of active duty. Mr. TESTER) submitted an amendment Service, as applicable, of the Department of ‘‘(B) DURATION.—Upon submission of proper intended to be proposed by him to the Veterans Affairs on each member of the documentation to the Administrator, the ex- bill H.R. 1585, to authorize appropria- armed forces described in subparagraph (B) tension of a time limitation under subpara- tions for fiscal year 2008 for military for purposes of ensuring the coordination of graph (A) shall be equal to the period of time the provision of visual rehabilitation bene- activities of the Department of De- fits and services by the Department of Vet- that such veteran who owned or controlled fense, for military construction, and such a concern was on active duty as de- erans Affairs after the separation or release scribed in that subparagraph.’’. for defense activities of the Depart- of such member from the armed forces. ‘‘(B) A member of the armed forces de- SEC. 4306. SERVICE-DISABLED VETERANS. ment of Energy, to prescribe military Not later than 180 days after the date of personnel strengths for such fiscal scribed in this subparagraph is a member of enactment of this Act, the Comptroller Gen- year, and for other purposes; which was the armed forces as follows: eral of the United States shall submit to the ordered to lie on the table; as follows: ‘‘(i) A member with an eye injury incurred in combat who has a visual acuity of 20⁄200 or Committee on Small Business and Entrepre- At the end of title VII, add the following: neurship of the Senate and the Committee less in either eye. on Small Business of the House of Represent- SEC. 703. CENTER OF EXCELLENCE IN PREVEN- ‘‘(ii) A member with an eye injury incurred TION, DIAGNOSIS, MITIGATION, atives a report describing— in combat who has a loss of peripheral vision TREATMENT, AND REHABILITATION of twenty degrees or less. (1) the types of assistance needed by serv- OF MILITARY EYE INJURIES. ‘‘(d) UTILIZATION OF REGISTRY INFORMA- ice-disabled veterans who wish to become en- (a) ESTABLISHMENT.— trepreneurs; and TION.—The Secretary of Defense and the Sec- (1) IN GENERAL.—Chapter 55 of title 10, retary of Veterans Affairs shall jointly en- (2) any resources that would assist such United States Code, is amended by inserting service-disabled veterans. sure that information in the Military Eye In- after section 1105 the following new section: jury Registry is available to appropriate SEC. 4307. STUDY ON OPTIONS FOR PROMOTING ‘‘§ 1105a. Center of Excellence in Prevention, POSITIVE WORKING RELATIONS BE- ophthalmological and optometric personnel TWEEN EMPLOYERS AND THEIR RE- Diagnosis, Mitigation, Treatment, and Re- of the Department of Veterans Affairs for SERVE COMPONENT EMPLOYEES. habilitation of Military Eye Injuries purposes of encouraging and facilitating the (a) STUDY REQUIRED.—The Comptroller ‘‘(a) IN GENERAL.—The Secretary of De- conduct of research, and the development of General of the United States shall conduct a fense shall establish within the Department best practices and clinical education, on eye

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11878 CONGRESSIONAL RECORD — SENATE September 20, 2007 injuries incurred by members of the armed (1) Forming a Constitutional Review Com- Mr. GRASSLEY) submitted an amend- forces in combat.’’. mittee and then completing the constitu- ment intended to be proposed by him (2) CLERICAL AMENDMENT.—The table of tional review. to the bill H.R. 1585, to authorize ap- (2) Enacting and implementing legislation sections at the beginning of chapter 55 of propriations for fiscal year 2008 for such title is amended by inserting after the on de-Ba’aathification. item relating to section 1105 the following (3) Enacting and implementing legislation military activities of the Department new item: to ensure the equitable distribution of hy- of Defense, for military construction, drocarbon resources of the people of Iraq ‘‘1105a. Center of Excellence in Prevention, and for defense activities of the De- without regard to the sect or ethnicity of re- Diagnosis, Mitigation, Treat- partment of Energy, to prescribe mili- cipients, and enacting and implementing leg- tary personnel strengths for such fiscal ment, and Rehabilitation of islation to ensure that the energy resources Military Eye Injuries.’’. of Iraq benefit Sunni Arabs, Shia Arabs, year, and for other purposes; which was (b) INCLUSION OF RECORDS OF OIF/OEF VET- Kurds, and other Iraqi citizens in an equi- ordered to lie on the table; as follows: ERANS.—The Secretary of Defense shall take table manner. appropriate actions to include in the Mili- At the end of subtitle D of title XXVIII, (4) Enacting and implementing legislation add the following: tary Eye Injury Registry established under establishing an Independent High Electoral section 1105a of title 10, United States Code Commission, provincial elections law, pro- SEC. 2842. LIMITATION ON COST GROWTH ASSO- (as added by subsection (a)), such records of vincial council authorities, and a date for CIATED WITH 2005 ROUND OF DE- members of the Armed Forces who incurred FENSE BASE CLOSURE AND RE- provincial elections. ALIGNMENT. an eye injury in combat in Operation Iraqi (b) INDEPENDENT ASSESSMENT.—Not later Freedom or Operation Enduring Freedom be- than 90 days after the enactment of this Act, The Defense Base Closure and Realignment fore the establishment of the Registry as the the Comptroller General of the United States Act of 1990 (part A of title XXIX of Public Secretary considers appropriate for purposes shall submit to Congress an independent re- Law 101–510; 10 U.S.C. 2687 note) is amended of the Registry. port setting forth: by adding at the end the following new sec- (c) REPORT ON ESTABLISHMENT.—Not later (1) the status of the achievement of the tion: than 180 days after the date of the enactment benchmarks described in subsection (a). ‘‘SEC. 2915. LIMITATION ON COST GROWTH APPLI- of this Act, the Secretary shall submit to (2) the Comptroller General’s assessment of CABLE TO CLOSURES AND REALIGN- Congress a report on the status of the Center whether or not each benchmark has been MENTS UNDER 2005 ROUND. of Excellence in Prevention, Diagnosis, Miti- met. ‘‘(a) SEMIANNUAL REPORT ON IMPLEMENTA- gation, Treatment, and Rehabilitation of (c) LIMITED PRESENCE AFTER REDUCTION TION COSTS.— Military Eye Injuries under section 1105a of AND TRANSITION.—If the Comptroller Gen- ‘‘(1) IN GENERAL.—Not later than October 7, title 10, United States Code (as so added), in- eral’s report finds that the government of 2007, and every 180 days thereafter, the Sec- cluding the progress made in established the Iraq has not met each of the benchmarks de- retary of Defense shall submit to the con- scribed in subsection (a), the mission of the Military Eye Injury Registry required under gressional defense committees a report on United States military forces shall imme- that section. the costs of implementing the recommenda- diately be transitioned to (1) protecting (d) TRAUMATIC BRAIN INJURY POST TRAU- tions of the Commission contained in the re- United States and Coalition personnel and MATIC VISUAL SYNDROME.—In carrying out port transmitted to Congress on September infrastructure, (2) training, equipping, and the program at Walter Reed Army Medical 15, 2005, under section 2903(e) that relate to providing logistic support to the Iraqi Secu- Center, District of Columbia, on Traumatic closures and realignments that have not rity Forces, (3) securing Iraq’s borders in Brain Injury Post Traumatic Visual Syn- been fully implemented. order to deter intervention and infiltration drome, the Secretary of Defense and the De- ‘‘(2) ESTIMATES REQUIRED.—Each report by Iranian and other foreign forces, and (4) partment of Veterans Affairs shall jointly submitted under paragraph (1) shall include, engaging in targeted counterterrorism oper- provide for the conduct of a cooperative for each individual recommended base clo- ations against al Qaeda, al Qaeda affiliated study on neuro-optometric screening and di- sure or realignment— groups, and other international terrorist or- agnosis of members of the Armed Forces ‘‘(A) the baseline estimate of one-time im- ganizations, and all U.S. forces not necessary with Traumatic Brain Injury by military to complete such missions shall be rede- plementation costs; and medical treatment facilities of the Depart- ployed from Iraq not later than twelve ‘‘(B) the current estimate of one-time im- ment of Defense and medical centers of the months after the date of the enactment of plementation costs, including any increase Department of Veterans Affairs selected for this Act. attributable to actual or anticipated costs purposes of this subsection for purposes of due to inflation. vision screening, diagnosis, rehabilitative SA 2971. Mr. SMITH (for himself and ‘‘(b) SPECIAL PROCEDURES REQUIRED TO AD- management, and vision research on visual Mr. WYDEN) submitted an amendment DRESS CERTAIN COST INCREASES.— dysfunction related to Traumatic Brain In- intended to be proposed by him to the ‘‘(1) NOTIFICATION REQUIREMENT.—In the jury. bill H.R. 1585, to authorize appropria- event that the Secretary of Defense deter- (e) FUNDING.—Of the amounts available for mines, based on a report prepared under sub- Defense Health Program, $5,000,000 may be tions for fiscal year 2008 for military section (a), that the current estimate of one- available for the Center of Excellence in Pre- activities of the Department of De- time implementation costs for an individual vention, Diagnosis, Mitigation, Treatment, fense, for military construction, and base closure or realignment is at least 25 per- and Rehabilitation of Military Eye Injuries for defense activities of the Depart- cent greater than the baseline estimate of under section 1105a of title 10, United States ment of Energy, to prescribe military one-time implementation costs for such clo- Code (as so added). personnel strengths for such fiscal sure or realignment (in this section referred year, and for other purposes; which was to as a ‘substantially over budget base clo- SA 2970. Mr. KERRY submitted an ordered to lie on the table; as follows: sure or realignment’), the Secretary shall amendment intended to be proposed by promptly provide notification of such deter- At the end of subtitle E of title X, add the him to the bill H.R. 1585, to authorize mination, including the amount of the ex- following: appropriations for fiscal year 2008 for pected increase and the date the determina- SEC. 1070. SENSE OF SENATE ON AIR FORCE USE tion was made, to the chairman and ranking military activities of the Department OF TOWBARLESS AIRCRAFT of Defense, for military construction, GROUND EQUIPMENT. member of each of the congressional defense committees. and for defense activities of the De- (a) FINDINGS.—The Senate makes the fol- lowing findings: ‘‘(2) BUSINESS PLAN TO CONTROL COSTS.— partment of Energy, to prescribe mili- The Secretary of Defense shall develop a tary personnel strengths for such fiscal (1) The Air Force is currently evaluating the use of towbarless aircraft ground support business plan to reduce the costs of any indi- year, and for other purposes; which was equipment, including revision of regulations vidual substantially over budget base closure ordered to lie on the table; as follows: to allow for the use of towbarless vehicles on or realignment to a level less than 25 percent greater than the baseline estimate for such SEC. ll. CONDITIONING OF UNITED STATES jet and cargo aircraft. STRATEGY IN IRAQ TO IRAQ GOV- (2) The use of aircraft ground support closure or realignment. ERNMENT’S MEETING OF POLITICAL equipment has the potential to allow for ‘‘(c) IMPLEMENTATION OF SUBSTANTIALLY BENCHMARKS. safer and labor reducing towing of jet and OVER BUDGET BASE CLOSURES AND REALIGN- (a) POLITICAL BENCHMARKS.—The United cargo aircraft. MENTS.— States strategy in Iraq shall be conditioned (b) SENSE OF THE SENATE.—It is the sense ‘‘(1) RECOMMENDATIONS.—Not later than 45 on the government of Iraq meeting four po- of the Senate that the Secretary of the Air days after an individual base closure or re- litical benchmarks, as told to members of Force should modify regulations as appro- alignment is identified in a report required Congress by the President, the Secretary of priate to allow for the use of towbarless air- under subsection (a) as a substantially over State, the Secretary of Defense, and the craft ground support equipment, which pro- budget base closure or realignment, the Sec- Chairman of the Joint Chiefs of Staff, and re- motes safety and reduces labor. retary of Defense shall submit to the Presi- flected in the government of Iraq’s commit- dent a recommendation regarding whether to ments to the United States, and to the inter- SA 2972. Mr. MENENDEZ (for him- continue implementation of such closure or national community, including: self, Mr. LAUTENBERG, Mr. HARKIN, and realignment.

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‘‘(2) JUSTIFICATION REQUIRED.—In the event ommendation regarding the implementation ‘‘(I) the procedure in that House shall be the Secretary recommends that an indi- of a substantially over budget base closure the same as if no resolution had been re- vidual substantially over budget base closure or realignment, such committee shall be, at ceived from the other House; but or realignment should continue to be imple- the end of such period, discharged from fur- ‘‘(II) the vote on final passage shall be on mented despite the excessive cost overruns, ther consideration of such resolution, and the resolution of the other House. the Secretary shall include the justification such resolution shall be placed on the appro- ‘‘(B) DISPOSITION.—Upon disposition of the for continuing such closure or realignment. priate calendar of the House involved. resolution received from the other House, it ‘‘(3) REPORT TO CONGRESS.—Not later than ‘‘(4) CONSIDERATION.— shall no longer be in order to consider the 30 days after receiving a recommendation re- ‘‘(A) IN GENERAL.—On or after the third resolution that originated in the receiving garding whether to continue implementation day after the date on which the committee House. of an individual substantially over budget to which such a resolution is referred has re- ‘‘(6) RULES OF THE SENATE AND HOUSE.— base closure or realignment under paragraph ported, or has been discharged (under para- This section is enacted by Congress— (1), the President shall submit to Congress a graph (3)) from further consideration of, such ‘‘(A) as an exercise of the rulemaking report including the recommendation of the a resolution, it is in order (even though a power of the Senate and House of Represent- President regarding the implementation of previous motion to the same effect has been atives, respectively, and as such it is deemed such closure or realignment. disagreed to) for any Member of the respec- a part of the rules of each House, respec- ‘‘(4) CONGRESSIONAL DISAPPROVAL.— tive House to move to proceed to the consid- tively, but applicable only with respect to ‘‘(A) IN GENERAL.—The Secretary of De- eration of the resolution. A Member may the procedure to be followed in that House in fense may not continue or discontinue the make the motion only on the day after the the case of a resolution described in para- implementation of an individual substan- calendar day on which the Member an- graph (1), and it supersedes other rules only tially over budget base closure or realign- nounces to the House concerned the Mem- to the extent that it is inconsistent with ment recommended by the President under ber’s intention to make the motion, except such rules; and paragraph (3) if a joint resolution is enacted, that, in the case of the House of Representa- ‘‘(B) with full recognition of the constitu- in accordance with the provisions of sub- tives, the motion may be made without such tional right of either House to change the section (d), disapproving such recommenda- prior announcement if the motion is made by rules (so far as relating to the procedure of tion of the President before the earlier of— direction of the committee to which the res- that House) at any time, in the same man- ‘‘(i) the end of the 45-day period beginning olution was referred. All points of order ner, and to the same extent as in the case of on the date on which the President submits against the resolution (and against consider- any other rule of that House. to Congress a report under paragraph (3) that ation of the resolution) are waived. The mo- ‘‘(e) BASELINE ESTIMATE OF ONE-TIME IM- includes a recommendation regarding the tion is highly privileged in the House of Rep- PLEMENTATION COSTS DEFINED.—In this sec- implementation of an individual substan- resentatives and is privileged in the Senate tion, the term ‘baseline estimate of one-time tially over budget base closure or realign- and is not debatable. The motion is not sub- implementation costs’ means the applicable ment; or ject to amendment, or to a motion to post- cost set forth in the Cost of Base Realign- ‘‘(ii) the adjournment of Congress sine die pone, or to a motion to proceed to the con- ment Actions (COBRA) report used and re- for the session during which such report is sideration of other business. A motion to re- leased by the Secretary of Defense at the submitted. consider the vote by which the motion is time the Secretary published in the Federal ‘‘(B) COMPUTATION OF PERIOD.—For pur- agreed to or disagreed to shall not be in Register and transmitted to the congres- poses of subparagraph (A) of this paragraph order. If a motion to proceed to the consider- sional defense committees and the Commis- and paragraphs (1) and (2) of subsection (d), ation of the resolution is agreed to, the re- sion the initial list of recommendations for the days on which either House of Congress spective House shall immediately proceed to closure or realignment of military installa- is not in session because of an adjournment consideration of the joint resolution without tions under section 2914(a). of more than three days to a day certain intervening motion, order, or other business, ‘‘(f) APPLICABILITY.—The reporting, notifi- shall be excluded in the computation of a pe- and the resolution shall remain the unfin- cation, and other requirements of this sec- riod. ished business of the respective House until tion do not apply to base closures and re- ‘‘(d) CONGRESSIONAL CONSIDERATION OF disposed of. alignments involving the establishment or RECOMMENDATION REGARDING IMPLEMENTA- EBATE.—Debate on the resolution, ‘‘(B) D consolidation of a joint base.’’. TION OF SUBSTANTIALLY OVER BUDGET BASE and on all debatable motions and appeals in CLOSURES OR REALIGNMENT.— connection therewith, shall be limited to not SA 2973. Mr. MENENDEZ submitted ‘‘(1) TERMS OF THE RESOLUTION.—For pur- more than 2 hours, which shall be divided poses of subsection (c)(4), the term ‘joint res- equally between those favoring and those op- an amendment intended to be proposed olution’ means only a joint resolution which posing the resolution. An amendment to the by him to the bill H.R. 1585, to author- is introduced within the 10-day period begin- resolution is not in order. A motion further ize appropriations for fiscal year 2008 ning on the date on which the President sub- to limit debate is in order and not debatable. for military activities of the Depart- mits to Congress a report under subsection A motion to postpone, or a motion to pro- ment of Defense, for military construc- (c)(3) that includes a recommendation re- ceed to the consideration of other business, tion, and for defense activities of the garding the implementation of a substan- or a motion to recommit the resolution is Department of Energy, to prescribe tially over budget base closure or realign- not in order. A motion to reconsider the vote military personnel strengths for such ment, and— by which the resolution is agreed to or dis- ‘‘(A) which does not have a preamble; agreed to is not in order. fiscal year, and for other purposes; ‘‘(B) the matter after the resolving clause ‘‘(C) VOTE ON FINAL PASSAGE.—Immediately which was ordered to lie on the table; of which is as follows: ‘That Congress dis- following the conclusion of the debate on a as follows: approves the recommendation of the Presi- resolution described in paragraph (1) and a At the end of subtitle E of title X, add the dent on llllll with respect to single quorum call at the conclusion of the following: llllll’, the blank spaces being filled in debate if requested in accordance with the SEC. 1070. SENSE OF CONGRESS ON EQUIPMENT with the appropriate date and the name of a rules of the appropriate House, the vote on FOR THE NATIONAL GUARD TO DE- military installation or other information final passage of the resolution shall occur. FEND THE HOMELAND. that identifies the individual closure or re- ‘‘(D) APPEALS.—Appeals from the decisions (a) FINDINGS.—Congress makes the fol- alignment, respectively; and of the Chair relating to the application of lowing findings: ‘‘(C) the title of which is as follows: ‘Joint the rules of the Senate or the House of Rep- (1) The Army National Guard and Air Na- resolution disapproving the recommendation resentatives, as the case may be, to the pro- tional Guard have played an increasing role of the President regarding implementation cedure relating to a resolution described in in homeland security and a critical role in of a substantially over budget base closure paragraph (1) shall be decided without de- Operation Iraqi Freedom and Operation En- or realignment.’. bate. during Freedom. ‘‘(2) REFERRAL.—A resolution described in ‘‘(5) CONSIDERATION BY OTHER HOUSE.— (2) As a result of persistent underfunding paragraph (1) that is introduced in the House ‘‘(A) PROCEDURES.—If, before the passage of procurement, lower prioritization, and of Representatives shall be referred to the by one House of a resolution of that House more recently the wars in Afghanistan and Committee on Armed Services of the House described in paragraph (1), that House re- Iraq, the Army National Guard and Air Na- of Representatives. A resolution described in ceives from the other House a resolution de- tional Guard face significant equipment paragraph (1) introduced in the Senate shall scribed in paragraph (1), then the following shortfalls. be referred to the Committee on Armed procedures shall apply: (3) The National Guard Bureau, in its Feb- Services of the Senate. ‘‘(i) The resolution of the other House shall ruary 26, 2007, report entitled ‘‘National ‘‘(3) DISCHARGE.—If the committee to not be referred to a committee and may not Guard Equipment Requirements’’, outlines which a resolution described in paragraph (1) be considered in the House receiving it ex- the ‘‘Essential 10’’ equipment needs to sup- is referred has not reported such resolution cept in the case of final passage as provided port the Army National Guard and Air Na- (or an identical resolution) by the end of the in clause (ii)(II). tional Guard in the performance of their do- 20-day period beginning on the date on which ‘‘(ii) With respect to a resolution described mestic missions. the President submits to Congress a report in paragraph (1) of the House receiving the (b) SENSE OF CONGRESS.—It is the sense of under subsection (c)(3) that includes a rec- resolution— Congress that the Army National Guard and

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Air National Guard should have sufficient SEC. (ll). COMPETITION FOR THE PROCURE- (2) TREATMENT OF CERTAIN SERVICE.—(A) equipment available to accomplish their MENT OF INDIVIDUAL WEAPONS. For the purpose of determining length of missions inside the United States and to pro- (a) SERVICE CERTIFICATION.—Not later than service as a Department of Defense physi- tect the homeland. March 1, 2008 each military service shall cer- cian, service as a physician under section tify new requirements for individual weapons 4104 or 4114 of title 38, United States Code, or SA 2974. Mr. MCCAIN submitted an that take into account lessons learned from active service as a medical officer in the amendment intended to be proposed by combat operations. commissioned corps of the Public Health (b) JOINT REQUIREMENTS OVERSIGHT COUN- him to the bill H.R. 1585, to authorize Service under title II of the Public Health CIL (JROC) CERTIFICATION.—Not later than appropriations for fiscal year 2008 for Service Act (42 U.S.C. 202 et seq.) shall be June I, 2008 the JROC shall certify individual deemed service as a Department of Defense military activities of the Department weapon calibers that best satisfy the require- physician. of Defense, for military construction, ments described in (a). (B) For the purpose of determining length and for defense activities of the De- (b) COMPETITION REQUIRED.—Each military of service as a Department of Defense health partment of Energy, to prescribe mili- service shall rapidly conduct full and open care professional, service as a nonphysician tary personnel strengths for such fiscal competitions for procurements to fulfill the health care provider, psychologist, or social year, and for other purposes; which was requirements described in (a) and (b). worker while serving as an officer described (c) PROCUREMENTS COVERED.—This section ordered to lie on the table; as follows: under section 302c(d)(1) of title 37, United applies to the procurement of individual States Code, shall be deemed service as a De- At the end of subtitle D of title I, add the weapons less than .50 caliber (to include partment of Defense health care profes- following: shotguns). sional. SEC. 143. SENSE OF CONGRESS ON THE AIR (b) CERTAIN PHYSICIANS AND PROFESSIONALS FORCE STRATEGY FOR THE RE- SA 2977. Mr. CHAMBLISS submitted INELIGIBLE.—An allowance may not be paid PLACEMENT OF THE AERIAL RE- an amendment intended to be proposed under this section to any physician or health FUELING TANKER AIRCRAFT FLEET. by him to the bill H.R. 1585, to author- care professional who— It is the sense of Congress that— ize appropriations for fiscal year 2008 (1) is employed on less than a half-time or (1) the timely modernization of the Air for military activities of the Depart- intermittent basis; Force aerial refueling tanker fleet is a vital ment of Defense, for military construc- (2) occupies an internship or residency national security priority; and training position; or (2) in furtherance of meeting this priority, tion, and for defense activities of the (3) is fulfilling a scholarship obligation. the Secretary of the Air Force has initiated, Department of Energy, to prescribe (c) COVERED CATEGORIES OF POSITIONS.— and Congress approves of, a comprehensive military personnel strengths for such The Secretary of Defense shall determine strategy for replacing the aerial refueling fiscal year, and for other purposes; categories of positions applicable to physi- tanker aircraft fleet, which includes the fol- which was ordered to lie on the table; cians and health care professionals within lowing elements: as follows: the Department of Defense with respect to (A) Replacement of the aging tanker air- which there is a significant recruitment and craft fleet with newer and improved capabili- At the end of subtitle C of title IX, add the retention problem for purposes of this sec- ties under the KC–X program of record which following: tion. Only physicians and health care profes- supports the tanker replacement strategy, SEC. 937. PHYSICIANS AND HEALTH CARE PRO- sionals serving in such positions shall be eli- through the purchase of new commercial de- FESSIONALS COMPARABILITY AL- gible for an allowance under this section. LOWANCES. rivative aircraft. The amounts of each such allowance shall be (B) Sustainment and extension of the leg- (a) AUTHORITY TO PROVIDE ALLOWANCES.— determined by the Secretary, and shall be acy tanker aircraft fleet until replacement (1) AUTHORITY.—In order to recruit and re- the minimum amount necessary to deal with through depot-type modifications and up- tain highly qualified Department of Defense the recruitment and retention problem for grades of KC–135 aircraft and KC–10 aircraft. physicians and Department of Defense health each such category of physicians and health (C) Augmentation of the aerial refueling care professionals, the Secretary of Defense care professionals. capability through aerial refueling Fee-for- may, subject to the provisions of this sec- (d) PERIOD OF SERVICE.—Any agreement en- Service. tion, enter into a service agreement with a tered into by a physician or health care pro- current or new Department of Defense physi- fessional under this section shall be for a pe- cian or a Department of Defense health care SA 2975. Mr. GRAHAM (for himself riod of service in the Department of Defense professional which provides for such physi- specified in such agreement, which period and Mr. KERRY) submitted an amend- cian or health care professional to complete ment intended to be proposed by him may not be less than one year of service or a specified period of service in the Depart- exceed four years of service. to the bill H.R. 1585, to authorize ap- ment of Defense in return for an allowance (e) REPAYMENT.—Unless otherwise provided propriations for fiscal year 2008 for for the duration of such agreement in an for in the agreement under subsection (f), an military activities of the Department amount to be determined by the Secretary agreement under this section shall provide of Defense, for military construction, and specified in the agreement, but not to that the physician or health care profes- and for defense activities of the De- exceed— sional, in the event that such physician or (A) in the case of a Department of Defense health care professional voluntarily, or be- partment of Energy, to prescribe mili- physician— tary personnel strengths for such fiscal cause of misconduct, fails to complete at (i) $25,000 per annum if, at the time the least one year of service under such agree- year, and for other purposes; which was agreement is entered into, the Department ment, shall be required to refund the total ordered to lie on the table; as follows: of Defense physician has served as a Depart- amount received under this section unless At the appropriate place insert: ment of Defense physician for 24 months or the Secretary of Defense determines that The Secretary of Defense shall report with less; or such failure is necessitated by circumstances in 60 days of enactment of this Act to House (ii) $40,000 per annum if the Department of beyond the control of the physician or health Armed Services Committee and the Senate Defense physician has served as a Depart- care professional. Armed Services Committee on the status of ment of Defense physician for more than 24 (f) TERMINATION OF AGREEMENT.—Any implementing section 552 of the John Warner months; and agreement under this section shall specify National Defense Authorization Act for Fis- (B) in the case of a Department of Defense the terms under which the Secretary of De- cal Year 2007 (P.L. 109–364) related to the ap- health care professional— fense and the physician or health care pro- plication of the Uniform Code of Military (i) an amount up to $5,000 per annum if, at fessional may elect to terminate such agree- Justice to military contractors during a the time the agreement is entered into, the ment, and the amounts, if any, required to time of war or a contingency operation. Department of Defense health care profes- be refunded by the physician or health care sional has served as a Department of Defense professional for each reason for termination. SA 2976. Mr. COBURN submitted an health care professional for less than 10 (g) CONSTRUCTION WITH OTHER AUTHORI- years; TIES.— amendment intended to be proposed by (ii) an amount up to $10,000 per annum if, (1) ALLOWANCE NOT TREATABLE AS BASIC him to the bill H.R. 1585, to authorize at the time the agreement is entered into, PAY.—An allowance paid under this section appropriations for fiscal year 2008 for the Department of Defense health care pro- shall not be considered as basic pay for the military activities of the Department fessional has served as a Department of De- purposes of subchapter VI and section 5595 of of Defense, for military construction, fense health care professional for at least 10 chapter 55 of title 5, United States Code, and for defense activities of the De- years but less than 18 years; or chapter 81 or 87 of such title, or other bene- partment of Energy, to prescribe mili- (iii) an amount up to $15,000 per annum if, fits related to basic pay. tary personnel strengths for such fiscal at the time the agreement is entered into, (2) PAYMENT.—Any allowance under this the Department of Defense health care pro- section for a Department of Defense physi- year, and for other purposes; which was fessional has served as a Department of De- cian or Department of Defense health care ordered to lie on the table; as follows: fense health care professional for 18 years or professional shall be paid in the same man- At the appropriate place insert: more. ner and at the same time as the basic pay of

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(3) CONSTRUCTION WITH CERTAIN AUTHOR- Qualification Standards for the Occupational (3) In each case in which a project is behind ITY.—The authority to pay allowances under Series of Nurse as required by the position to schedule or in default, recommendations re- this section may not be exercised together be filled; garding the opportunities for the Federal with the authority in section 5948 of title 5, (D) a physician assistant who meets the Government to ensure that all terms of the United States Code. applicable Office of Personnel Management transaction are completed according to the (h) ANNUAL REPORT.— Qualification Standards for the Occupational original schedule and budget. (1) ANNUAL REPORT.—Not later than June Series of Physician Assistant as required by 30 each year, the Secretary of Defense shall the position to be filled; SA 2979. Mr. HAGEL (for himself, Mr. submit to the appropriate committees of (E) a social worker who meets the applica- BYRD) submitted an amendment in- Congress a written report on the operation of ble Office of Personnel Management Quali- tended to be proposed to amendment this section during the preceding year. Each fication Standards for the Occupational Se- SA 2011 proposed by Mr. NELSON of Ne- ries of Social Worker as required by the posi- report shall include— braska (for Mr. LEVIN) to the bill H.R. tion to be filled; or (A) with respect to the year covered by 1585, to authorize appropriations for such report, information as to— (F) any other health care professional des- (i) the nature and extent of the recruit- ignated by the Secretary of Defense for pur- fiscal year 2008 for military activities ment or retention problems justifying the poses of this section. of the Department of Defense, for mili- use by the Department of Defense of the au- (j) TERMINATION.—No agreement may be tary construction, and for defense ac- thority under this section; entered into under this section after Sep- tivities of the Department of Energy, (ii) the number of physicians and health tember 30, 2012. to prescribe military personnel care professionals with whom agreements strengths for such fiscal year, and for SA 2978. Mr. CHAMBLISS (for him- were entered into by the Department of De- other purposes; which was ordered to self, Mr. PRYOR, and Mr. ISAKSON) sub- fense; lie on the table; as follows: (iii) the size of the allowances and the du- mitted an amendment intended to be ration of the agreements entered into; and proposed by him to the bill H.R. 1585, At the end of subtitle E of title III, add the (iv) the degree to which the recruitment or to authorize appropriations for fiscal following: retention problems referred to in clause (i) year 2008 for military activities of the SEC. 358. SENSE OF CONGRESS ON FUTURE USE were alleviated under this section; and OF SYNTHETIC FUELS IN MILITARY Department of Defense, for military SYSTEMS. (B) such recommendations as the Sec- construction, and for defense activities It is the sense of Congress to encourage the retary considers appropriate for actions (in- Department of Defense to continue and ac- cluding legislative actions) to improve or en- of the Department of Energy, to pre- celerate, as appropriate, the testing and cer- hance the authorities in this section to scribe military personnel strengths for tification of synthetic fuels for use in all achieve the purpose specified in subsection such fiscal year, and for other pur- military air, ground, and sea systems. (a)(1). poses; which was ordered to lie on the (2) APPROPRIATE COMMITTEES OF CONGRESS table; as follows: SA 2980. Mr. HAGEL submitted an DEFINED.—In this subsection, the term ‘‘ap- At the end of title XXVIII, add the fol- amendment intended to be proposed to propriate committees of Congress’’ means— lowing: amendment SA 2011 proposed by Mr. (A) the Committees on Armed Services and SEC. 2864. REPORT ON HOUSING PRIVATIZATION NELSON of Nebraska (for Mr. LEVIN) to Homeland Security and Governmental Af- INITIATIVES. fairs of the Senate; and (a) REPORT REQUIRED.—Not later than 180 the bill H.R. 1585, to authorize appro- (B) the Committees on Armed Services and days after the date of the enactment of this priations for fiscal year 2008 for mili- Homeland Security of the House of Rep- Act, the Comptroller General of the United tary activities of the Department of resentatives. States shall submit to the Committees on Defense, for military construction, and (i) DEFINITIONS.—In this section: Armed Services of the Senate and the House for defense activities of the Depart- (1) The term ‘‘Department of Defense of Representatives a report on housing pri- ment of Energy, to prescribe military health care professional’’ means any indi- vatization transactions carried out by the personnel strengths for such fiscal vidual employed by the Department of De- Department of Defense that are behind fense who is a qualified health care profes- schedule or in default. year, and for other purposes; which was sional employed as a health care professional (b) ELEMENTS.—The report required by sub- ordered to lie on the table; as follows: and paid under any provision of law specified section (a) shall include the following: At the end of title VII, add the following: in subparagraphs (A) through (G) of para- (1) A list of current housing privatization SEC. 703. REPORT ON ESTABLISHMENT OF A graph (2). transactions carried out by the Department SCHOLARSHIP PROGRAM FOR CIVIL- (2) The term ‘‘Department of Defense phy- of Defense that are behind schedule or in de- IAN MENTAL HEALTH PROFES- sician’’ means any individual employed by fault. SIONALS. the Department of Defense as a physician or (2) In each case in which a transaction is (a) REPORT REQUIRED.—Not later than 180 dentist who is paid under a provision or pro- behind schedule or in default, a description days after the date of the enactment of this visions of law as follows: of — Act, the Secretary of Defense shall, in con- (A) Section 5332 of title 5, United States (A) the reasons for schedule delays, cost sultation with the Assistant Secretary of De- Code, relating to the General Schedule. overruns, or default; fense for Health Affairs and each of the Sur- (B) Subchapter VIII of chapter 53 of title 5, (B) how solicitations and competitions geons General of the Armed Forces, shall United States Code, relating to the Senior were conducted for the project; submit to Congress a report on the feasi- Executive Service. (C) how financing, partnerships, legal ar- bility and advisability of establishing a (C) Section 5371 of title 5, United States rangements, leases, or contracts in relation scholarship program for civilian mental Code, relating to certain health care posi- to the project were structured; health professionals. tions. (D) which entities, including Federal enti- (b) ELEMENTS.—The report shall include (D) Section 5376 of title 5, United States ties, are bearing financial risk for the the following: Code, relating to certain senior-level posi- project, and to what extent; (1) An assessment of a potential scholar- tions. (E) the remedies available to the Federal ship program that provides certain edu- (E) Section 5377 of title 5, United States Government to restore the transaction to cational funding to students seeking a career Code, relating to critical positions. schedule or ensure completion of the terms in mental health services in exchange for (F) Subchapter IX of chapter 53 of title 5, of the transaction in question at the earliest service in the Department of Defense. United States Code, relating to special occu- possible time; (2) An assessment of current scholarship pational pay systems. (F) the extent to which the Federal Gov- programs which may be expanded to include (G) Section 9902 of title 5, United States ernment has the ability to affect the per- mental health professionals. Code, relating to the National Security Per- formance of various parties involved in the (3) Recommendations regarding the estab- sonnel System. project; lishment or expansion of scholarship pro- (3) The term ‘‘qualified health care profes- (G) remedies available to subcontractors to grams for mental health professionals. sional’’ means any individual who is— recoup liens in the case of default, non-pay- (4) A plan to implement, or reasons for not (A) a psychologist who meets the Office of ment by the developer or other party to the implementing, recommendations that will Personnel Management Qualification Stand- transaction or lease agreement, or re-struc- increase mental health staffing across the ards for the Occupational Series of Psycholo- turing; Department of Defense. gist as required by the position to be filled; (H) remedies available to the Federal Gov- (B) a nurse who meets the applicable Office ernment to affect receivership actions or SA 2981. Mr. DOMENICI submitted an of Personnel Management Qualification transfer of ownership of the project; and amendment intended to be proposed to Standards for the Occupational Series of (I) names of the developers for the project amendment SA 2011 proposed by Mr. Nurse as required by the position to be filled; and any history of previous defaults or bank- NELSON of Nebraska (for Mr. LEVIN) to

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AUTHORITY FOR SPECIAL REIMBURSE- ize appropriations for fiscal year 2008 tary activities of the Department of MENT RATES FOR MENTAL HEALTH for military activities of the Depart- CARE SERVICES UNDER THE Defense, for military construction, and TRICARE PROGRAM. ment of Defense, for military construc- for defense activities of the Depart- (a) AUTHORITY.—Section 1079(h)(5) of title tion, and for defense activities of the ment of Energy, to prescribe military 10, United States Code, is amended in the Department of Energy, to prescribe personnel strengths for such fiscal first sentence by inserting ‘‘, including men- military personnel strengths for such year, and for other purposes; which was tal health care services,’’ after ‘‘health care fiscal year, and for other purposes; ordered to lie on the table; as follows: services’’. which was ordered to lie on the table; (b) REPORT ON ACCESS TO MENTAL HEALTH On page 530, between lines 10 and 11, insert as follows: CARE SERVICES.—Not later than one year the following: after the date of the enactment of this Act, At the appropriate place, insert the fol- SEC. 3126. EVALUATION OF NATIONAL NUCLEAR the Secretary of Defense shall submit to the lowing: SECURITY ADMINISTRATION STRA- Committees on Armed Services of the Senate SEC. ll. NATIONAL CENTER FOR HUMAN PER- TEGIC PLAN FOR ADVANCED COM- FORMANCE. PUTING. and the House of Representatives a report on the adequacy of access to mental health The scientific institute to perform re- (a) IN GENERAL.—The Secretary of Energy search and education in medicine and related shall— services under the TRICARE program, in- cluding in the geographic areas where sur- sciences to enhance human performance that (1) enter into an agreement with an inde- is located at the Texas Medical Center shall pendent entity to conduct an evaluation of veys on the continued viability of TRICARE Standard and TRICARE Extra are conducted hereafter be known as the ‘‘National Center the strategic plan for advanced computing of for Human Performance’’. the National Nuclear Security Administra- under section 702 of this Act. tion; and SA 2983. Mr. COLEMAN (for himself, SA 2985. Mr. ROCKEFELLER (for (2) not later than 180 days after the date of himself and Mr. BOND) submitted an the enactment of this Act, submit to the and Ms. COLLINS) submitted an amend- ment intended to be proposed to amendment intended to be proposed to congressional defense committees a report amendment SA 2011 proposed by Mr. containing the results of evaluation de- amendment SA 2011 proposed by Mr. scribed in paragraph (1). NELSON of Nebraska (for Mr. LEVIN) to NELSON of Nebraska (for Mr. LEVIN) to (b) ELEMENTS.—The evaluation described the bill H.R. 1585, to authorize appro- the bill H.R. 1585, to authorize appro- in subsection (a)(1) shall include the fol- priations for fiscal year 2008 for mili- priations for fiscal year 2008 for mili- lowing: tary activities of the Department of tary activities of the Department of (1) An assessment of— Defense, for military construction, and Defense, for military construction, and (A) the role of research into, and develop- for defense activities of the Depart- for defense activities of the Depart- ment of, high-performance computing sup- ment of Energy, to prescribe military ported by the National Nuclear Security Ad- ment of Energy, to prescribe military ministration in maintaining the leadership personnel strengths for such fiscal personnel strengths for such fiscal of the United States in high-performance year, and for other purposes; which was year, and for other purposes; which was computing; and ordered to lie on the table; as follows: ordered to lie on the table; as follows: (B) any impact of reduced investment by At the end of subtitle C of title XV, add the At the end, add the following: the National Nuclear Security Administra- following: DIVISION D—INTELLIGENCE tion in such research and development. SEC. 1535. MODIFICATION OF AUTHORITIES RE- AUTHORIZATIONS (2) An assessment of the ability of the Na- LATED TO THE OFFICE OF THE SPE- SEC. 4001. SHORT TITLE. tional Nuclear Security Administration to CIAL INSPECTOR GENERAL FOR This division may be cited as the ‘‘Intel- utilize the high-performance computing ca- IRAQ RECONSTRUCTION. ligence Authorization Act for Fiscal Year pability of the Department of Energy and (a) TERMINATION DATE.—Subsection (o)(1) 2008’’. National Nuclear Security Administration of section 3001 of the Emergency Supple- TITLE XLI—INTELLIGENCE ACTIVITIES national laboratories to support the Stock- mental Appropriations Act for Defense and pile Stewardship Program and nonweapons for the Reconstruction of Iraq and Afghani- SEC. 4101. AUTHORIZATION OF APPROPRIATIONS. modeling and calculations. stan, 2004 (Public Law 108–106; 117 Stat. 1238; Funds are hereby authorized to be appro- (3) An assessment of the effectiveness of 5 U.S.C. App., note to section 8G of Public priated for fiscal year 2008 for the conduct of the Department of Energy and the National Law 95–452), as amended by section 1054(b) of the intelligence and intelligence-related ac- Nuclear Security Administration in sharing the John Warner National Defense Author- tivities of the following elements of the high-performance computing developments ization Act for Fiscal Year 2007 (Public Law United States Government: with private industry and capitalizing on in- 109–364; 120 Stat. 2397), section 2 of the Iraq (1) The Office of the Director of National novations in private industry in high-per- Reconstruction Accountability Act of 2006 Intelligence. formance computing. (Public Law 109–440), and section 3801 of the (2) The Central Intelligence Agency. (4) A description of the strategy of the De- U.S. Troop Readiness, Veterans’ Care, (3) The Department of Defense. partment of Energy for developing an Katrina Recovery, and Iraq Accountability (4) The Defense Intelligence Agency. extaflop computing capability. Appropriations Act, 2007 (Public Law 110–28; (5) The National Security Agency. (5) An assessment of the efforts of the De- 121 Stat. 147) is amended to read as follows: (6) The Department of the Army, the De- partment of Energy to— ‘‘(1) The Office of the Inspector General partment of the Navy, and the Department (A) coordinate high-performance com- shall terminate 90 days after the balance of of the Air Force. puting work within the Department, in par- funds appropriated or otherwise made avail- (7) The Department of State. ticular among the Office of Science, the Na- able for the reconstruction of Iraq is less (8) The Department of the Treasury. tional Nuclear Security Administration, and than $250,000,000.’’. (9) The Department of Energy. the Office of Energy Efficiency and Renew- (b) JURISDICTION OVER RECONSTRUCTION (10) The Department of Justice. able Energy; and FUNDS.—Such section is further amended by (11) The Federal Bureau of Investigation. (B) develop joint strategies with other Fed- adding at the end the following new sub- (12) The National Reconnaissance Office. eral Government agencies and private indus- section: (13) The National Geospatial-Intelligence try groups for the development of high-per- ‘‘(p) RULE OF CONSTRUCTION.—For purposes Agency. of carrying out the duties of the Special In- formance computing. (14) The Coast Guard. spector General for Iraq Reconstruction, any (15) The Department of Homeland Secu- SA 2982. Mr. COLEMAN (for himself, United States funds appropriated or other- rity. wise made available for fiscal years 2006 Mr. INOUYE, and Mr. DOMENICI) sub- (16) The Drug Enforcement Administra- mitted an amendment intended to be through 2008 for the reconstruction of Iraq, tion. irrespective of the designation of such funds, SEC. 4102. CLASSIFIED SCHEDULE OF AUTHOR- proposed to amendment SA 2011 pro- shall be deemed to be amounts appropriated IZATIONS. posed by Mr. NELSON of Nebraska (for or otherwise made available to the Iraq Re- (a) SPECIFICATIONS OF AMOUNTS AND PER- Mr. LEVIN) to the bill H.R. 1585, to au- lief and Reconstruction Fund.’’. SONNEL LEVELS.—The amounts authorized to thorize appropriations for fiscal year (c) HIRING AUTHORITY.—Subsection (h)(1) of be appropriated under section 4101, and the 2008 for military activities of the De- such section is amended by inserting after authorized personnel levels (expressed as partment of Defense, for military con- ‘‘pay rates’’ the following: ‘‘, and may exer- full-time equivalent positions) as of Sep- struction, and for defense activities of cise the authorities of subsections (b) tember 30, 2008, for the conduct of the intel- the Department of Energy, to prescribe through (i) of section 3161 of title 5, United ligence and intelligence-related activities of States Code (without regard to subsection (a) the elements listed in such section, are those military personnel strengths for such of such section)’’. specified in the classified Schedule of Au- fiscal year, and for other purposes; thorizations prepared to accompany the con- which was ordered to lie on the table; SA 2984. Mrs. HUTCHISON submitted ference report on the bill lll of the One as follows: an amendment intended to be proposed Hundred Tenth Congress.

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(b) AVAILABILITY OF CLASSIFIED SCHEDULE telligence Community Management Account may be necessary for increases in such com- OF AUTHORIZATIONS.—The Schedule of Au- for fiscal year 2008 such additional amounts pensation or benefits authorized by law. thorizations shall be made available to the as are specified in the classified Schedule of SEC. 4302. RESTRICTION ON CONDUCT OF INTEL- Committees on Appropriations of the Senate Authorizations referred to in section 4102(a). LIGENCE ACTIVITIES. and House of Representatives and to the Such additional amounts for research and The authorization of appropriations by President. The President shall provide for development shall remain available until this Act shall not be deemed to constitute suitable distribution of the Schedule, or of September 30, 2009. authority for the conduct of any intelligence appropriate portions of the Schedule, within (2) AUTHORIZATION OF PERSONNEL.—In addi- activity which is not otherwise authorized the executive branch. tion to the personnel authorized by sub- by the Constitution or the laws of the United SEC. 4103. PERSONNEL LEVEL ADJUSTMENTS. section (b) for elements of the Intelligence States. SEC. 4303. CLARIFICATION OF DEFINITION OF IN- (a) AUTHORITY FOR ADJUSTMENTS.—With Community Management Account as of Sep- TELLIGENCE COMMUNITY UNDER the approval of the Director of the Office of tember 30, 2008, there are also authorized such additional personnel for such elements THE NATIONAL SECURITY ACT OF Management and Budget, the Director of Na- 1947. as of that date as are specified in the classi- tional Intelligence may authorize employ- Subparagraph (L) of section 3(4) of the Na- ment of civilian personnel in excess of the fied Schedule of Authorizations. tional Security Act of 1947 (50 U.S.C. 401a(4)) number of authorized full-time equivalent SEC. 4105. INCORPORATION OF REPORTING RE- is amended by striking ‘‘other’’ the second positions for fiscal year 2008 under section QUIREMENTS. place it appears. (a) IN GENERAL.—Each requirement to sub- 4102 when the Director of National Intel- SEC. 4304. DELEGATION OF AUTHORITY FOR ligence determines that such action is nec- mit a report to the congressional intel- TRAVEL ON COMMON CARRIERS FOR essary to the performance of important in- ligence committees that is included in the INTELLIGENCE COLLECTION PER- telligence functions, except that the number joint explanatory statement to accompany SONNEL. of personnel employed in excess of the num- the conference report on the bill lll of the (a) DELEGATION OF AUTHORITY.—Section ber authorized under such section may not, One Hundred Tenth Congress, or in the clas- 116(b) of the National Security Act of 1947 (50 for any element of the intelligence commu- sified annex to this Act, is hereby incor- U.S.C. 404k(b)) is amended— nity, exceed 5 percent of the number of civil- porated into this Act, and is hereby made a (1) by inserting ‘‘(1)’’ before ‘‘The Direc- ian personnel authorized under such section requirement in law. tor’’; for such element. (b) CONGRESSIONAL INTELLIGENCE COMMIT- (2) in paragraph (1), by striking ‘‘may only (b) AUTHORITY FOR CONVERSION OF ACTIVI- TEES DEFINED.—In this section, the term delegate’’ and all that follows and inserting TIES PERFORMED BY CONTRACTORS.—In addi- ‘‘congressional intelligence committees’’ ‘‘may delegate the authority in subsection tion to the authority in subsection (a), upon means— (a) to the head of any other element of the a determination by the head of an element in (1) the Select Committee on Intelligence of intelligence community.’’; and the intelligence community that activities the Senate; and (3) by adding at the end the following new currently being performed by contractor em- (2) the Permanent Select Committee on In- paragraph: ployees should be performed by government telligence of the House of Representatives. ‘‘(2) The head of an element of the intel- employees, the concurrence of the Director SEC. 4106. DEVELOPMENT AND ACQUISITION ligence community to whom the authority in of National Intelligence in such determina- PROGRAM. subsection (a) is delegated pursuant to para- tion, and the approval of the Director of the (a) TRANSFER OF FUNDS.—Of the funds ap- graph (1) may further delegate such author- Office of Management and Budget, the Direc- propriated for the National Intelligence Pro- ity to such senior officials of such element as tor of National Intelligence may authorize gram for fiscal year 2008, and of funds cur- are specified in guidelines prescribed by the Director of National Intelligence for pur- employment of additional full-time equiva- rently available for obligation for any prior poses of this paragraph.’’. lent personnel in such element of the intel- fiscal year, the Director of National Intel- (b) SUBMITTAL OF GUIDELINES TO CON- ligence community equal to the number of ligence shall transfer not less than the GRESS.—Not later than six months after the full-time equivalent contractor employees amount specified in the classified annex to the Office of the Director of National Intel- date of the enactment of this Act, the Direc- performing such activities. tor of National Intelligence shall prescribe (c) NOTICE TO INTELLIGENCE COMMITTEES.— ligence to fund the development and acquisi- tion of the program specified in the classi- and submit to the congressional intelligence The Director of National Intelligence shall committees the guidelines referred to in notify the Select Committee on Intelligence fied annex. (b) AVAILABILITY OF FUNDS.—The funds paragraph (2) of section 116(b) of the Na- of the Senate and the Permanent Select tional Security Act of 1947, as added by sub- Committee on Intelligence of the House of transferred under subsection (a) shall be available as follows: section (a). Representatives in writing at least 15 days (c) CONGRESSIONAL INTELLIGENCE COMMIT- (1) In the case of funds transferred from before each exercise of the authority in sub- TEES DEFINED.—In this section, the term funds currently available for obligation for section (a) or (b). ‘‘congressional intelligence committees’’ any fiscal year before fiscal year 2008, for the SEC. 4104. INTELLIGENCE COMMUNITY MANAGE- means— time of availability as originally appro- MENT ACCOUNT. (1) the Select Committee on Intelligence of priated. (a) AUTHORIZATION OF APPROPRIATIONS.— the Senate; and (2) In the case of funds transferred from There is authorized to be appropriated for (2) the Permanent Select Committee on In- funds appropriated for fiscal year 2008, with- the Intelligence Community Management telligence of the House of Representatives. out fiscal year limitation. Account of the Director of National Intel- SEC. 4305. MODIFICATION OF AVAILABILITY OF ligence for fiscal year 2008 the sum of TITLE XLII—CENTRAL INTELLIGENCE FUNDS FOR DIFFERENT INTEL- $715,076,000. Within such amount, funds iden- AGENCY RETIREMENT AND DISABILITY LIGENCE ACTIVITIES. tified in the classified Schedule of Author- SYSTEM Subparagraph (B) of section 504(a)(3) of the izations referred to in section 4102(a) for ad- SEC. 4201. AUTHORIZATION OF APPROPRIATIONS. National Security Act of 1947 (50 U.S.C. vanced research and development shall re- There is authorized to be appropriated for 414(a)(3)) is amended to read as follows: main available until September 30, 2009. the Central Intelligence Agency Retirement ‘‘(B) the use of such funds for such activity (b) AUTHORIZED PERSONNEL LEVELS.—The and Disability Fund for fiscal year 2008 the supports an emergent need, improves pro- elements within the Intelligence Community sum of $262,500,000. gram effectiveness, or increases efficiency; Management Account of the Director of Na- SEC. 4202. TECHNICAL MODIFICATION TO MAN- and’’. tional Intelligence are authorized 1768 full- DATORY RETIREMENT PROVISION SEC. 4306. INCREASE IN PENALTIES FOR DISCLO- time equivalent personnel as of September OF CENTRAL INTELLIGENCE AGEN- SURE OF UNDERCOVER INTEL- 30, 2008. Personnel serving in such elements CY RETIREMENT ACT. LIGENCE OFFICERS AND AGENTS. may be permanent employees of the Intel- Section 235(b)(1)(A) of the Central Intel- (a) DISCLOSURE OF AGENT AFTER ACCESS TO ligence Community Management Account or ligence Agency Retirement Act (50 U.S.C. INFORMATION IDENTIFYING AGENT.—Sub- personnel detailed from other elements of 2055(b)(1)(A)) is amended by striking ‘‘receiv- section (a) of section 601 of the National Se- the United States Government. ing compensation under the Senior Intel- curity Act of 1947 (50 U.S.C. 421) is amended by striking ‘‘ten years’’ and inserting ‘‘15 (c) CONSTRUCTION OF AUTHORITIES.—The au- ligence Service pay schedule at the rate’’ and thorities available to the Director of Na- inserting ‘‘who is at the Senior Intelligence years’’. (b) DISCLOSURE OF AGENT AFTER ACCESS TO tional Intelligence under section 4103 are Service rank’’. CLASSIFIED INFORMATION.—Subsection (b) of also available to the Director for the adjust- TITLE XLIII—INTELLIGENCE AND GEN- such section is amended by striking ‘‘five ment of personnel levels in elements within ERAL INTELLIGENCE COMMUNITY MAT- years’’ and inserting ‘‘ten years’’. the Intelligence Community Management TERS Account. SEC. 4307. EXTENSION TO INTELLIGENCE COM- SEC. 4301. INCREASE IN EMPLOYEE COMPENSA- MUNITY OF AUTHORITY TO DELETE (d) CLASSIFIED AUTHORIZATIONS.— TION AND BENEFITS AUTHORIZED INFORMATION ABOUT RECEIPT AND (1) AUTHORIZATION OF APPROPRIATIONS.—In BY LAW. DISPOSITION OF FOREIGN GIFTS addition to amounts authorized to be appro- Appropriations authorized by this Act for AND DECORATIONS. priated for the Intelligence Community Man- salary, pay, retirement, and other benefits Paragraph (4) of section 7342(f) of title 5, agement Account by subsection (a), there are for Federal employees may be increased by United States Code, is amended to read as also authorized to be appropriated for the In- such additional or supplemental amounts as follows:

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11884 CONGRESSIONAL RECORD — SENATE September 20, 2007 ‘‘(4)(A) In transmitting such listings for an (A) an identification of the official making amended by inserting after section 506A the element of the intelligence community, the the determination to discontinue such meth- following new section: head of such element may delete the infor- od; and ‘‘VULNERABILITY ASSESSMENTS OF MAJOR mation described in subparagraphs (A) and (B) a statement of the basis for such deter- SYSTEMS (C) of paragraphs (2) and (3) if the head of mination. ‘‘SEC. 506B. (a) INITIAL VULNERABILITY AS- such element certifies in writing to the Sec- (3) A description of any actions that have SESSMENTS.—The Director of National Intel- retary of State that the publication of such been taken to implement section 1004 of the ligence shall conduct an initial vulnerability information could adversely affect United Detainee Treatment Act of 2005 (119 Stat. assessment for any major system and its States intelligence sources or methods. 2740; 42 U.S.C. 2000dd–1), and, with respect to items of supply, that is proposed for inclu- ‘‘(B) Any information not provided to the each such action— sion in the National Intelligence Program. Secretary of State pursuant to the authority (A) an identification of the official taking The initial vulnerability assessment of a in subparagraph (A) shall be transmitted to such action; and major system and its items of supply shall, the Director of National Intelligence. (B) a statement of the basis for such ac- at a minimum, use an analysis-based ap- ‘‘(C) In this paragraph, the term ‘element tion. proach to— of the intelligence community’ means an ele- (4) Any other matters that the Director ‘‘(1) identify applicable vulnerabilities; ment of the intelligence community listed in considers necessary to fully and currently ‘‘(2) define exploitation potential; or designated under section 3(4) of the Na- inform the congressional intelligence com- ‘‘(3) examine the system’s potential effec- tional Security Act of 1947 (50 U.S.C. mittees about the implementation of the De- tiveness; 401a(4)).’’. tainee Treatment Act of 2005 and related pro- ‘‘(4) determine overall vulnerability; and SEC. 4308. ENHANCED FLEXIBILITY IN NON-REIM- visions of the Military Commissions Act of ‘‘(5) make recommendations for risk reduc- BURSABLE DETAILS TO ELEMENTS 2006. tion. OF THE INTELLIGENCE COMMUNITY. (5) An appendix containing— ‘‘(b) SUBSEQUENT VULNERABILITY ASSESS- (a) IN GENERAL.—Except as provided in sec- (A) all guidelines for the application of the tion 113 of the National Security Act of 1947 MENTS.—(1) The Director of National Intel- Detainee Treatment Act of 2005 and related ligence shall conduct subsequent vulner- (50 U.S.C. 404h) and section 904(g)(2) of the provisions of the Military Commissions Act Counterintelligence Enhancement Act of ability assessments of each major system of 2006 to the detention or interrogation ac- and its items of supply within the National 2002 (title IX of Public Law 107–306; 50 U.S.C. tivities, if any, of any element of the intel- 402c(g)(2)) and notwithstanding any other Intelligence Program— ligence community; and ‘‘(A) periodically throughout the life-span provision of law, in any fiscal year after fis- (B) all legal justifications of any office or cal year 2007 an officer or employee of the of the major system; official of the Department of Justice about ‘‘(B) whenever the Director determines United States or member of the Armed the meaning or application of Detainee Forces may be detailed to the staff of an ele- that a change in circumstances warrants the Treatment Act of 2005 or related provisions issuance of a subsequent vulnerability as- ment of the intelligence community funded of the Military Commissions Act of 2006 with through the Community Management Ac- sessment; or respect to the detention or interrogation ac- ‘‘(C) upon the request of a congressional in- count from another element of the United tivities, if any, of any element of the intel- States Government on a reimbursable or telligence committee. ligence community. ‘‘(2) Any subsequent vulnerability assess- non-reimbursable basis, as jointly agreed to (c) FORM.—The report required by sub- ment of a major system and its items of sup- by the Director of National Intelligence and section (a) shall be submitted in classified ply shall, at a minimum, use an analysis- the head of the detailing element (or the des- form. based approach and, if applicable, a testing- ignees of such officials), for a period not to (d) SUBMISSION TO THE CONGRESSIONAL based approach, to monitor the exploitation exceed three years. ARMED SERVICES COMMITTEES.—To the ex- potential of such system and reexamine the (b) ELEMENT OF THE INTELLIGENCE COMMU- tent that the report required by subsection factors described in paragraphs (1) through NITY DEFINED.—In this section, the term (a) addresses an element of the intelligence ‘‘element of the intelligence community’’ community within the Department of De- (5) of subsection (a). means an element of the intelligence com- fense, that portion of the report, and any as- ‘‘(c) MAJOR SYSTEM MANAGEMENT.—The Di- munity listed in or designated under section sociated material that is necessary to make rector of National Intelligence shall give due 3(4) of the National Security Act of 1947 (50 that portion understandable, shall also be consideration to the vulnerability assess- U.S.C. 401a(4)). submitted by the Director of National Intel- ments prepared for a given major system when developing and determining the annual SEC. 4309. DIRECTOR OF NATIONAL INTEL- ligence to the congressional armed services consolidated National Intelligence Program LIGENCE REPORT ON COMPLIANCE committees. WITH THE DETAINEE TREATMENT (e) DEFINITIONS.—In this section: budget. ACT OF 2005 AND RELATED PROVI- (1) The term ‘‘congressional armed services ‘‘(d) CONGRESSIONAL OVERSIGHT.—(1) The SIONS OF THE MILITARY COMMIS- committees’’ means— Director of National Intelligence shall pro- SIONS ACT OF 2006. (A) the Committee on Armed Services of vide to the congressional intelligence com- (a) REPORT REQUIRED.—Not later than De- the Senate; and mittees a copy of each vulnerability assess- cember 1, 2007, the Director of National In- (B) the Committee on Armed Services of ment conducted under subsection (a) or (b) telligence shall submit to the congressional the House of Representatives. not later than 10 days after the date of the intelligence committees a comprehensive re- (2) The term ‘‘congressional intelligence completion of such assessment. port on all measures taken by the Office of committees’’ means— ‘‘(2) The Director of National Intelligence the Director of National Intelligence and by (A) the Select Committee on Intelligence shall provide the congressional intelligence each element, if any, of the intelligence com- of the Senate; and committees with a proposed schedule for munity with relevant responsibilities to (B) the Permanent Select Committee on subsequent vulnerability assessments of a comply with the provisions of the Detainee Intelligence of the House of Representatives. major system under subsection (b) when pro- Treatment Act of 2005 (title X of division A (3) The term ‘‘element of the intelligence viding such committees with the initial vul- of Public Law 109–148) and related provisions community’’ means the elements of the in- nerability assessment under subsection (a) of of the Military Commissions Act of 2006 telligence community specified in or des- such system as required by subsection (d). (Public Law 109–366). ignated under section 3(4) of the National Se- ‘‘(e) DEFINITIONS.—In this section: (b) ELEMENTS.—The report required by sub- curity Act of 1947 (50 U.S.C. 401a(4)). ‘‘(1) The term ‘items of supply’— section (a) shall include the following: ‘‘(A) means any individual part, compo- SEC. 4310. TERMS OF SERVICE OF PROGRAM (1) A description of the detention or inter- MANAGER FOR THE INFORMATION nent, subassembly, assembly, or subsystem rogation methods, if any, that have been de- SHARING ENVIRONMENT AND THE integral to a major system, and other prop- termined to comply with section 1003 of the INFORMATION SHARING COUNCIL. erty which may be replaced during the serv- Detainee Treatment Act of 2005 (119 Stat. Section 1016 of the National Security Intel- ice life of the major system, including spare 2739; 42 U.S.C. 2000dd) and section 6 of the ligence Reform Act of 2004 (title I of Public parts and replenishment parts; and Military Commissions Act of 2006 (120 Stat. Law 108–458; 6 U.S.C. 485) is amended— ‘‘(B) does not include packaging or labeling 2632; 18 U.S.C. 2441 note) (including the (1) in subsection (f)(1), by striking ‘‘during associated with shipment or identification of amendments made by such section 6), and, the two-year period beginning on the date of items. with respect to each such method— designation under this paragraph unless ‘‘(2) The term ‘major system’ has the (A) an identification of the official making sooner’’ and inserting ‘‘until’’; and meaning given that term in section 506A(e). such determination; and (2) in subsection (g)(1), by striking ‘‘during ‘‘(3) The term ‘vulnerability assessment’ (B) a statement of the basis for such deter- the two-year period beginning on the date of means the process of identifying and quanti- mination. the initial designation of the program man- fying vulnerabilities in a major system and (2) A description of the detention or inter- ager by the President under subsection (f)(1), its items of supply.’’. rogation methods, if any, whose use has been unless sooner’’ and inserting ‘‘until’’. (b) CLERICAL AMENDMENT.—The table of discontinued pursuant to the Detainee SEC. 4311. VULNERABILITY ASSESSMENTS OF contents in the first section of the National Treatment Act of 2005 or the Military Com- MAJOR SYSTEMS. Security Act of 1947 is amended by inserting mission Act of 2006, and, with respect to each (a) IN GENERAL.—Title V of the National after the item relating to section 506A the such method— Security Act of 1947 (50 U.S.C. 413 et seq.) is following:

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11885 ‘‘Sec. 506B. Vulnerability assessments of SEC. 4313. BUSINESS ENTERPRISE ARCHITEC- ‘‘(A) An information infrastructure that, major systems.’’. TURE AND BUSINESS SYSTEM MOD- at a minimum, will enable the intelligence ERNIZATION FOR THE INTEL- SEC. 4312. ANNUAL PERSONNEL LEVEL ASSESS- community to— LIGENCE COMMUNITY. ‘‘(i) comply with all Federal accounting, fi- MENTS FOR THE INTELLIGENCE (a) BUSINESS ENTERPRISE ARCHITECTURE COMMUNITY. nancial management, and reporting require- AND BUSINESS SYSTEM MODERNIZATION.— ments; (a) IN GENERAL.—Title V of the National (1) IN GENERAL.—Title V of the National ‘‘(ii) routinely produce timely, accurate, Security Act of 1947 (50 U.S.C. 413 et seq.), as Security Act of 1947 (50 U.S.C. 413 et seq.), as and reliable financial information for man- amended by section 4311, is further amended amended by sections 4311 and 4312, is further agement purposes; by inserting after section 506B, as added by amended by inserting after section 506C, as ‘‘(iii) integrate budget, accounting, and section 4311(a), the following new section: added by section 4312(a), the following new program information and systems; and section: ‘‘ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR ‘‘(iv) provide for the systematic measure- THE INTELLIGENCE COMMUNITY ‘‘INTELLIGENCE COMMUNITY BUSINESS SYSTEMS, ment of performance, including the ability ARCHITECTURE, ACCOUNTABILITY, AND MOD- ‘‘SEC. 506C. (a) REQUIREMENT TO PROVIDE.— to produce timely, relevant, and reliable cost ERNIZATION The Director of National Intelligence shall, information. ‘‘SEC. 506D. (a) LIMITATION ON OBLIGATION in consultation with the head of the element ‘‘(B) Policies, procedures, data standards, OF FUNDS FOR INTELLIGENCE COMMUNITY of the intelligence community concerned, and system interface requirements that BUSINESS SYSTEM MODERNIZATION.—(1) After prepare an annual personnel level assess- apply uniformly throughout the intelligence April 1, 2008, no funds appropriated to any ment for such element of the intelligence community. element of the intelligence community may community that assesses the personnel lev- ‘‘(c) RESPONSIBILITIES FOR INTELLIGENCE be obligated for an intelligence community els for each such element for the fiscal year COMMUNITY BUSINESS SYSTEM MODERNIZA- business system modernization described in following the fiscal year in which the assess- TION.—(1) The Director of National Intel- paragraph (2) unless— ment is submitted. ligence shall be responsible for review, ap- ‘‘(A) the approval authority designated by proval, and oversight of the planning, design, ‘‘(b) SCHEDULE.—Each assessment required the Director of National Intelligence under acquisition, deployment, operation, and by subsection (a) shall be submitted to the subsection (c)(2) makes the certification de- maintenance of an intelligence community congressional intelligence committees not scribed in paragraph (3) with respect to the business system modernization if more than later than January 31, of each year. intelligence community business system 50 percent of the cost of the intelligence ‘‘(c) CONTENTS.—Each assessment required modernization; and community business system modernization by subsection (a) submitted during a fiscal ‘‘(B) the certification is approved by the is funded by amounts appropriated for the year shall contain, at a minimum, the fol- Intelligence Community Business Systems National Intelligence Program. lowing information for the element of the in- Management Committee established under ‘‘(2) The Director shall designate one or telligence community concerned: subsection (f). more appropriate officials of the intelligence ‘‘(1) The budget submission for personnel ‘‘(2) An intelligence community business community to be responsible for making cer- costs for the upcoming fiscal year. system modernization described in this para- tifications with respect to intelligence com- ‘‘(2) The dollar and percentage increase or graph is an intelligence community business munity business system modernizations decrease of such costs as compared to the system modernization that— under subsection (a)(3). personnel costs of the current fiscal year. ‘‘(A) will have a total cost in excess of ‘‘(d) INTELLIGENCE COMMUNITY BUSINESS ‘‘(3) The dollar and percentage increase or $1,000,000; and SYSTEM INVESTMENT REVIEW.—(1) The ap- decrease of such costs as compared to the ‘‘(B) will receive more than 50 percent of proval authority designated under sub- personnel costs during the prior 5 fiscal the funds for such cost from amounts appro- section (c)(2) shall establish and implement, years. priated for the National Intelligence Pro- not later than March 31, 2008, an investment ‘‘(4) The number of personnel positions re- gram. review process for the review of the plan- quested for the upcoming fiscal year. ‘‘(3) The certification described in this ning, design, acquisition, development, de- ‘‘(5) The numerical and percentage in- paragraph for an intelligence community ployment, operation, maintenance, mod- crease or decrease of such number as com- business system modernization is a certifi- ernization, and project cost, benefits, and pared to the number of personnel positions of cation, made by the approval authority des- risks of the intelligence community business the current fiscal year. ignated by the Director under subsection systems for which the approval authority is ‘‘(6) The numerical and percentage in- (c)(2) to the Intelligence Community Busi- responsible. crease or decrease of such number as com- ness Systems Management Committee, that ‘‘(2) The investment review process under pared to the number of personnel positions the intelligence community business system paragraph (1) shall— during the prior 5 fiscal years. modernization— ‘‘(A) meet the requirements of section 11312 ‘‘(7) The best estimate of the number and ‘‘(A) complies with the enterprise architec- of title 40, United States Code; and costs of contractors to be funded by the ele- ture under subsection (b); or ‘‘(B) specifically set forth the responsibil- ment for the upcoming fiscal year. ‘‘(B) is necessary— ities of the approval authority under such re- ‘‘(8) The numerical and percentage in- ‘‘(i) to achieve a critical national security view process. crease or decrease of such costs of contrac- capability or address a critical requirement ‘‘(3) The investment review process under tors as compared to the best estimate of the in an area such as safety or security; or paragraph (1) shall include the following ele- costs of contractors of the current fiscal ‘‘(ii) to prevent a significant adverse effect ments: year. on a project that is needed to achieve an es- ‘‘(A) Review and approval by an invest- ‘‘(9) The numerical and percentage in- sential capability, taking into consideration ment review board (consisting of appropriate crease or decrease of such costs of contrac- the alternative solutions for preventing such representatives of the intelligence commu- tors as compared to the cost of contractors, adverse effect. nity) of each intelligence community busi- and the number of contractors, during the ‘‘(4) The obligation of funds for an intel- ness system as an investment before the ob- prior 5 fiscal years. ligence community business system mod- ligation of funds for such system. ‘‘(10) A written justification for the re- ernization that does not comply with the re- ‘‘(B) Periodic review, but not less often quested personnel and contractor levels. quirements of this subsection shall be treat- than annually, of every intelligence commu- ‘‘(11) A statement by the Director of Na- ed as a violation of section 1341(a)(1)(A) of nity business system investment. tional Intelligence that, based on current title 31, United States Code. ‘‘(C) Thresholds for levels of review to en- and projected funding, the element con- ‘‘(b) ENTERPRISE ARCHITECTURE FOR INTEL- sure appropriate review of intelligence com- cerned will have sufficient— LIGENCE COMMUNITY BUSINESS SYSTEMS.—(1) munity business system investments depend- ‘‘(A) internal infrastructure to support the The Director of National Intelligence shall, ing on the scope, complexity, and cost of the requested personnel and contractor levels; acting through the Intelligence Community system involved. ‘‘(B) training resources to support the re- Business Systems Management Committee ‘‘(D) Procedures for making certifications quested personnel levels; and established under subsection (f), develop and in accordance with the requirements of sub- ‘‘(C) funding to support the administrative implement an enterprise architecture to section (a)(3). and operational activities of the requested cover all intelligence community business ‘‘(E) Mechanisms to ensure the consistency personnel levels.’’. systems, and the functions and activities of the investment review process with appli- supported by such business systems. The en- cable guidance issued by the Director of Na- (b) CLERICAL AMENDMENT.—The table of terprise architecture shall be sufficiently de- tional Intelligence and the Intelligence Com- contents in the first section of that Act, as fined to effectively guide, constrain, and per- munity Business Systems Management Com- amended by section 4311(b), is further amend- mit implementation of interoperable intel- mittee established under subsection (f). ed by inserting after the item relating to ligence community business system solu- ‘‘(F) Common decision criteria, including section 506B, as added by section 4311(b), the tions, consistent with applicable policies and standards, requirements, and priorities, for following new item: procedures established by the Director of the purposes of ensuring the integration of intel- ‘‘Sec. 506C. Annual personnel levels assess- Office of Management and Budget. ligence community business systems. ment for the intelligence com- ‘‘(2) The enterprise architecture under ‘‘(e) BUDGET INFORMATION.—For each fiscal munity.’’. paragraph (1) shall include the following: year after fiscal year 2009, the Director of

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11886 CONGRESSIONAL RECORD — SENATE September 20, 2007 National Intelligence shall include in the 113 that would otherwise apply to the execu- nity Business System Management Com- materials the Director submits to Congress tive agency that contains the element of the mittee established under subsection (f) of in support of the budget for such fiscal year intelligence community involved. such section 506D (as so added). that is submitted to Congress under section ‘‘(j) REPORTS.—Not later than March 15 of (2) ENTERPRISE ARCHITECTURE.—The Direc- 1105 of title 31, United States Code, the fol- each of 2009 through 2014, the Director of Na- tor shall develop the enterprise architecture lowing information: tional Intelligence shall submit to the con- required by subsection (b) of such section ‘‘(1) An identification of each intelligence gressional intelligence committees a report 506D (as so added) by not later than March 1, community business system for which fund- on the compliance of the intelligence com- 2008. In so developing the enterprise archi- ing is proposed in such budget. munity with the requirements of this sec- tecture, the Director shall develop an imple- ‘‘(2) An identification of all funds, by ap- tion. Each such report shall— mentation plan for the architecture, includ- propriation, proposed in such budget for each ‘‘(1) describe actions taken and proposed ing the following: such system, including— for meeting the requirements of subsection (A) The acquisition strategy for new sys- ‘‘(A) funds for current services to operate (a), including— tems that are expected to be needed to com- and maintain such system; and ‘‘(A) specific milestones and actual per- plete the enterprise architecture, including ‘‘(B) funds for business systems moderniza- formance against specified performance specific time-phased milestones, perform- tion identified for each specific appropria- measures, and any revision of such mile- ance metrics, and a statement of the finan- tion. stones and performance measures; and cial and nonfinancial resource needs. ‘‘(3) For each such system, identification of ‘‘(B) specific actions on the intelligence (B) An identification of the intelligence approval authority designated for such sys- community business system modernizations community business systems in operation or tem under subsection (c)(2). submitted for certification under such sub- planned as of December 31, 2006, that will not ‘‘(4) The certification, if any, made under section; be a part of the enterprise architecture, to- subsection (a)(3) with respect to each such ‘‘(2) identify the number of intelligence gether with the schedule for the phased ter- system. community business system modernizations mination of the utilization of any such sys- ‘‘(f) INTELLIGENCE COMMUNITY BUSINESS that received a certification described in tems. SYSTEMS MANAGEMENT COMMITTEE.—(1) The subsection (a)(3)(B); and (C) An identification of the intelligence Director of National Intelligence shall estab- ‘‘(3) describe specific improvements in community business systems in operation or lish an Intelligence Community Business business operations and cost savings result- planned as of December 31, 2006, that will be Systems Management Committee (in this ing from successful intelligence community a part of the enterprise architecture, to- subsection referred to as the ‘Committee’). business systems modernization efforts. gether with a strategy for modifying such ‘‘(2) The Committee shall— ‘‘(k) DEFINITIONS.—In this section: systems to ensure that such systems comply ‘‘(A) recommend to the Director policies ‘‘(1) The term ‘enterprise architecture’ has with such enterprise architecture. and procedures necessary to effectively inte- the meaning given that term in section SEC. 4314. REPORTS ON THE ACQUISITION OF grate all business activities and any trans- 3601(4) of title 44, United States Code. MAJOR SYSTEMS. formation, reform, reorganization, or process ‘‘(2) The terms ‘information system’ and (a) IN GENERAL.—Title V of the National improvement initiatives undertaken within ‘information technology’ have the meanings Security Act of 1947 (50 U.S.C. 413 et seq.), as the intelligence community; given those terms in section 11101 of title 40, amended by sections 4311 through 4313, is fur- ther amended by inserting after section 506D, ‘‘(B) review and approve any major update United States Code. as added by section 4313(a)(1), the following of— ‘‘(3) The term ‘intelligence community new section: ‘‘(i) the enterprise architecture developed business system’ means an information sys- under subsection (b); and tem, other than a national security system, ‘‘REPORTS ON THE ACQUISITION OF MAJOR ‘‘(ii) any plans for an intelligence commu- that is operated by, for, or on behalf of the SYSTEMS nity business systems modernization; intelligence community, including financial ‘‘SEC. 506E. (a) ANNUAL REPORTS RE- ‘‘(C) manage cross-domain integration con- systems, mixed systems, financial data feed- QUIRED.—(1) The Director of National Intel- sistent with such enterprise architecture; er systems, the business infrastructure capa- ligence shall submit to the congressional in- ‘‘(D) be responsible for coordinating initia- bilities shared by the systems of the business telligence committees each year, at the tives for intelligence community business enterprise architecture that build upon the same time the budget of the President for system modernization to maximize benefits core infrastructure, used to support business the fiscal year beginning in such year is sub- and minimize costs for the intelligence com- activities, such as acquisition, financial mitted to Congress pursuant to section 1105 munity, and periodically report to the Direc- management, logistics, strategic planning of title 31, United States Code, a separate re- tor on the status of efforts to carry out an and budgeting, installations and environ- port on each acquisition of a major system intelligence community business system ment, and human resource management by an element of the intelligence commu- nity. modernization; ‘‘(4) The term ‘intelligence community ‘‘(2) Each report under this section shall be ‘‘(E) ensure that funds are obligated for in- business system modernization’ means— telligence community business system mod- known as a ‘Report on the Acquisition of ‘‘(A) the acquisition or development of a Major Systems’. ernization in a manner consistent with sub- new intelligence community business sys- section (a); and ‘‘(b) ELEMENTS.—Each report under this tem; or section shall include, for the acquisition of a ‘‘(F) carry out such other duties as the Di- ‘‘(B) any significant modification or en- rector shall specify. major system, information on the following: hancement of an existing intelligence com- ‘‘(1) The current total anticipated acquisi- ‘‘(g) RELATION TO ANNUAL REGISTRATION munity business system (other than nec- REQUIREMENTS.—Nothing in this section tion cost for such system, and the history of essary to maintain current services). shall be construed to alter the requirements such cost from the date the system was first ‘‘(5) The term ‘national security system’ of section 8083 of the Department of Defense included in a report under this section to the has the meaning given that term in section Appropriations Act, 2005 (Public Law 108–287; end of the calendar quarter immediately pro- 3542 of title 44, United States Code.’’. 118 Stat. 989), with regard to information ceeding the submittal of the report under (2) CLERICAL AMENDMENT.—The table of technology systems (as defined in subsection this section. contents in the first section of that Act, as (d) of such section). ‘‘(2) The current anticipated development amended by section 4311 and 4312, is further ‘‘(h) RELATION TO DEFENSE BUSINESS SYS- schedule for the system, including an esti- amended by inserting after the item relating TEMS ARCHITECTURE, ACCOUNTABILITY, AND mate of annual development costs until de- to section 506C, as added by section 4312(b) MODERNIZATION REQUIREMENTS.—An intel- velopment is completed. the following new item: ligence community business system that re- ‘‘(3) The current anticipated procurement ceives more than 50 percent of its funds from ‘‘Sec. 506D. Intelligence community busi- schedule for the system, including the best amounts available for the National Intel- ness systems, architecture, ac- estimate of the Director of National Intel- ligence Program shall be exempt from the countability, and moderniza- ligence of the annual costs and units to be requirements of section 2222 of title 10, tion.’’. procured until procurement is completed. United States Code. (b) IMPLEMENTATION.— ‘‘(4) A full life-cycle cost analysis for such ‘‘(i) RELATION TO CLINGER-COHEN ACT.—(1) (1) CERTAIN DUTIES.—Not later than 60 days system. The Director of National Intelligence and after the date of the enactment of this Act, ‘‘(5) The result of any significant test and the Chief Information Officer of the Intel- the Director of National Intelligence shall— evaluation of such major system as of the ligence Community shall fulfill the execu- (A) complete the delegation of responsi- date of the submittal of such report, or, if a tive agency responsibilities in chapter 113 of bility for the review, approval, and oversight significant test and evaluation has not been title 40, United States Code, for any intel- of the planning, design, acquisition, deploy- conducted, a statement of the reasons there- ligence community business system that re- ment, operation, maintenance, and mod- for and the results of any other test and ceives more than 50 percent of its funding ernization of intelligence community busi- evaluation that has been conducted of such from amounts appropriated for National In- ness systems required by subsection (c) of system. telligence Program. section 506D of the National Security Act of ‘‘(6) The reasons for any change in acquisi- ‘‘(2) Any intelligence community business 1947 (as added by subsection (a)); and tion cost, or schedule, for such system from system covered by paragraph (1) shall be ex- (B) designate a vice chairman and per- the previous report under this section (if ap- empt from the requirements of such chapter sonnel to serve on the Intelligence Commu- plicable).

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11887 ‘‘(7) The significant contracts or sub- in constant dollars and in current year dol- apply at the end of the 30-day period of a contracts related to the major system. lars; continuous session of Congress that begins ‘‘(8) If there is any cost or schedule vari- ‘‘(v) the current estimated full life-cycle on the date on which Congress receives the ance under a contract referred to in para- cost of such major system, expressed in con- notification required under subsection graph (7) since the previous report under this stant dollars and current year dollars; (a)(2)(A). section, the reasons for such cost or schedule ‘‘(vi) a statement of the reasons for any in- ‘‘(2) If a written certification required variance. creases in the full life-cycle cost of such under subsection (b)(1) is not submitted to ‘‘(c) DETERMINATION OF INCREASE IN major system; the congressional intelligence committees COSTS.—Any determination of a percentage ‘‘(vii) the current change and the total within 30 days of the determination made increase in the acquisition costs of a major change, in dollars and expressed as a per- under subsection (b)(1), funds appropriated system for which a report is filed under this centage, in the full life-cycle cost applicable for the acquisition of a major system may section shall be stated in terms of constant to such major system, stated both in con- not be obligated for a major contract under dollars from the first fiscal year in which stant dollars and current year dollars; the program. Such prohibition on the obliga- funds are appropriated for such contract. ‘‘(viii) the completion status of such major tion of funds for the acquisition of a major ‘‘(d) DEFINITIONS.—In this section: system expressed as the percentage— system shall cease to apply at the end of the ‘‘(1) The term ‘acquisition cost’, with re- ‘‘(I) of the total number of years for which 30-day period of a continuous session of Con- spect to a major system, means the amount funds have been appropriated for such major gress that begins on the date on which Con- equal to the total cost for development and system compared to the number of years for gress receives the notification required procurement of, and system-specific con- which it is planned that such funds will be under subsection (b)(2). struction for, such system. appropriated; and ‘‘(d) DEFINITIONS.—In this section: ‘‘(2) The term ‘full life-cycle cost’, with re- ‘‘(II) of the amount of funds that have been ‘‘(1) The term ‘acquisition cost’ has the spect to the acquisition of a major system, appropriated for such major system com- meaning given that term in section 506E(d). means all costs of development, procure- pared to the total amount of such funds ‘‘(2) The term ‘baseline cost’, with respect ment, construction, deployment, and oper- which it is planned will be appropriated; to a major system, means the projected ac- ation and support for such program, without ‘‘(ix) the action taken and proposed to be quisition cost of such system on the date the regard to funding source or management taken to control future cost growth of such contract for the development, procurement, control, including costs of development and major system; and and construction of the system is awarded. procurement required to support or utilize ‘‘(x) any changes made in the performance ‘‘(3) The term ‘full life-cycle cost’ has the such system. or schedule of such major system and the ex- meaning given that term in section 506E(d). ‘‘(3) The term ‘major system’, has the tent to which such changes have contributed ‘‘(4) The term ‘independent cost estimate’ meaning given that term in section to the increase in full life-cycle costs of such has the meaning given that term in section 506A(e).’’. major system. 506A(e). (b) CLERICAL AMENDMENT.—The table of ‘‘(C) The certification described in this ‘‘(5) The term ‘major system’ has the contents in the first section of that Act, as subparagraph is a written certification made meaning given that term in section amended by sections 4311 through 4313, is fur- by the Director and submitted to the con- 506A(e).’’. ther amended by inserting after the item re- gressional intelligence committees that— (b) CLERICAL AMENDMENT.—The table of lating to section 506D, as added by section ‘‘(i) the acquisition of such major system is 4313(a)(2), the following new item: contents in the first section of that Act, as essential to the national security; amended by sections 4311 through 4314 of this ‘‘Sec. 506E. Reports on the acquisition of ‘‘(ii) there are no alternatives to such Act, is further amended by inserting after major systems.’’. major system that will provide equal or the items relating to section 506E, as added SEC. 4315. EXCESSIVE COST GROWTH OF MAJOR greater intelligence capability at equal or by section 4314(b), the following new item: SYSTEMS. lesser cost to completion; (a) NOTIFICATION.—Title V of the National ‘‘Sec. 506F. Excessive cost growth of major ‘‘(iii) the new estimates of the full life- systems.’’. Security Act of 1947, as amended by sections cycle cost for such major system are reason- 4311 through 4314, is further amended by in- able; and SEC. 4316. SUBMITTAL TO CONGRESS OF CER- TAIN COURT ORDERS UNDER THE serting after section 506E, as added by sec- ‘‘(iv) the management structure for the ac- tion 4314(a), the following new section: FOREIGN INTELLIGENCE SURVEIL- quisition of such major system is adequate LANCE ACT OF 1978. ‘‘EXCESSIVE COST GROWTH OF MAJOR SYSTEMS to manage and control full life-cycle cost of (a) INCLUSION OF CERTAIN ORDERS IN SEMI- ‘‘SEC. 506F. (a) COST INCREASES OF AT such major system. ANNUAL REPORTS OF ATTORNEY GENERAL.— LEAST 20 PERCENT.—(1) On a continuing ‘‘(b) COST INCREASES OF AT LEAST 40 PER- Subsection (a)(5) of section 601 of the Foreign basis, and separate from the submission of CENT.—(1) If the Director of National Intel- Intelligence Surveillance Act of 1978 (50 any report on a major system required by ligence determines that the acquisition cost U.S.C. 1871) is amended by striking ‘‘(not in- section 506E of this Act, the Director of Na- of a major system has increased by at least cluding orders)’’ and inserting ‘‘, orders,’’. tional Intelligence shall determine if the ac- 40 percent as compared to the baseline cost (b) REPORTS BY ATTORNEY GENERAL ON CER- quisition cost of such major system has in- of such major system, the President shall TAIN OTHER ORDERS.—That section is further creased by at least 20 percent as compared to submit to the congressional intelligence amended by adding at the end the following the baseline cost of such major system. committees a written certification stating new subsection: ‘‘(2)(A) If the Director determines under that— ‘‘(c) The Attorney General shall submit to paragraph (1) that the acquisition cost of a ‘‘(A) the acquisition of such major system the committees of Congress referred to in major system has increased by at least 20 is essential to the national security; subsection (a)— percent, the Director shall submit to the ‘‘(B) there are no alternatives to such ‘‘(1) a copy of any decision, order, or opin- congressional intelligence committees a major system that will provide equal or ion issued by the Foreign Intelligence Sur- written notification of such determination greater intelligence capability at equal or veillance Court or the Foreign Intelligence as described in subparagraph (B), a descrip- lesser cost to completion; Surveillance Court of Review that includes tion of the amount of the increase in the ac- ‘‘(C) the new estimates of the full life-cycle significant construction or interpretation of quisition cost of such major system, and a cost for such major system are reasonable; any provision of this Act, and any pleadings certification as described in subparagraph and associated with such decision, order, or opin- (C). ‘‘(D) the management structure for the ac- ion, not later than 45 days after such deci- ‘‘(B) The notification required by subpara- quisition of such major system is adequate sion, order, or opinion is issued; and graph (A) shall include— to manage and control the full life-cycle cost ‘‘(2) a copy of any such decision, order, or ‘‘(i) an independent cost estimate; of such major system. ‘‘(ii) the date on which the determination ‘‘(2) In addition to the certification re- opinion, and the pleadings associated with covered by such notification was made; quired by paragraph (1), the Director of Na- such decision, order, or opinion, that was ‘‘(iii) contract performance assessment in- tional Intelligence shall submit to the con- issued during the 5-year period ending on the formation with respect to each significant gressional intelligence committees an up- date of the enactment of the Intelligence Au- contract or sub-contract related to such dated notification, with current accom- thorization Act for Fiscal Year 2008 and not major system, including the name of the panying information, as required by sub- previously submitted in a report under sub- contractor, the phase of the contract at the section (a)(2). section (a).’’. time of the report, the percentage of work ‘‘(c) PROHIBITION ON OBLIGATION OF SEC. 4317. NATIONAL INTELLIGENCE ESTIMATE under the contract that has been completed, FUNDS.—(1) If a written certification re- ON GLOBAL CLIMATE CHANGE. any change in contract cost, the percentage quired under subsection (a)(2)(A) is not sub- (a) REQUIREMENT FOR NATIONAL INTEL- by which the contract is currently ahead or mitted to the congressional intelligence LIGENCE ESTIMATE.— behind schedule, and a summary explanation committees within 30 days of the determina- (1) IN GENERAL.—Except as provided in of significant occurrences, such as cost and tion made under subsection (a)(1), funds ap- paragraph (2), not later than 270 days after schedule variances, and the effect of such oc- propriated for the acquisition of a major sys- the date of the enactment of this Act, the currences on future costs and schedules; tem may not be obligated for a major con- Director of National Intelligence shall sub- ‘‘(iv) the prior estimate of the full life- tract under the program. Such prohibition mit to Congress a National Intelligence Esti- cycle cost for such major system, expressed on the obligation of funds shall cease to mate (NIE) on the anticipated geopolitical

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11888 CONGRESSIONAL RECORD — SENATE September 20, 2007 effects of global climate change and the im- agency, department, or entity of the United (B) by redesignating subparagraphs (C) plications of such effects on the national se- States Government that provides support re- through (N) as subparagraphs (A) through curity of the United States. quested under paragraph (1) or any other per- (L), respectively; and (2) NOTICE REGARDING SUBMITTAL.—If the son or entity that provides assistance re- (2) in paragraph (2)— Director of National Intelligence determines quested under paragraph (2). (A) by striking subparagraphs (A) and (D); that the National Intelligence Estimate re- (4) AUTHORIZATION OF APPROPRIATIONS.— (B) by redesignating subparagraphs (B) and quired by paragraph (1) cannot be submitted There are authorized to be appropriated to (C) as subparagraphs (A) and (B), respec- by the date specified in that paragraph, the the Director of National Intelligence such tively; and Director shall notify Congress and provide— sums as may be necessary to carry out this (C) in subparagraph (A), as redesignated by (A) the reasons that the National Intel- subsection. subparagraph (B) of this paragraph, by strik- ligence Estimate cannot be submitted by (e) FORM.—The National Intelligence Esti- ing ‘‘114(c)’’ and inserting ‘‘114(b)’’. such date; and mate required by this section shall be sub- TITLE XLIV—MATTERS RELATING TO ELE- (B) an anticipated date for the submittal of mitted in unclassified form, to the extent MENTS OF THE INTELLIGENCE COMMU- the National Intelligence Estimate. consistent with the protection of intel- NITY (b) CONTENT.—The Director of National In- ligence sources and methods, and include un- Subtitle A—Office of the Director of National telligence shall prepare the National Intel- classified key judgments of the National In- Intelligence ligence Estimate required by this section telligence Estimate. The National Intel- using the mid-range projections of the fourth ligence Estimate may include a classified SEC. 4401. REQUIREMENTS FOR ACCOUNT- assessment report of the Intergovernmental annex. ABILITY REVIEWS BY THE DIRECTOR OF NATIONAL INTELLIGENCE. Panel on Climate Change— (f) DUPLICATION.—If the Director of Na- (a) RESPONSIBILITY OF THE DIRECTOR OF NA- (1) to assess the political, social, agricul- tional Intelligence determines that a Na- TIONAL INTELLIGENCE.—Subsection (b) of sec- tural, and economic risks during the 30-year tional Intelligence Estimate, or other for- mal, coordinated intelligence product that tion 102 of the National Security Act of 1947 period beginning on the date of the enact- (50 U.S.C. 403) is amended— ment of this Act posed by global climate meets the procedural requirements of a Na- tional Intelligence Estimate, has been pre- (1) in paragraph (2), by striking ‘‘and’’ at change for countries or regions that are— the end; (A) of strategic economic or military im- pared that includes the content required by subsection (b) prior to the date of the enact- (2) in paragraph (3)— portance to the United States and at risk of (A) by striking ‘‘2004,’’ and inserting ‘‘2004 significant impact due to global climate ment of this Act, the Director of National Intelligence shall not be required to produce (50 U.S.C. 403 note),’’; and change; or (B) by striking the period at the end and (B) at significant risk of large-scale hu- the National Intelligence Estimate required by subsection (a). inserting a semicolon and ‘‘and’’; and manitarian suffering with cross-border im- (3) by inserting after paragraph (3), the fol- plications as predicted on the basis of the as- SEC. 4318. REPEAL OF CERTAIN REPORTING RE- QUIREMENTS. lowing new paragraph: sessments; (a) ANNUAL REPORT ON INTELLIGENCE.— ‘‘(4) conduct accountability reviews of ele- (2) to assess other risks posed by global cli- (1) REPEAL.—Section 109 of the National ments of the intelligence community and the mate change, including increased conflict Security Act of 1947 (50 U.S.C. 404d) is re- personnel of such elements, if appropriate.’’. over resources or between ethnic groups, pealed. (b) TASKING AND OTHER AUTHORITIES.—Sub- within countries or transnationally, in- (2) CLERICAL AMENDMENT.—The table of section (f) of section 102A of such Act (50 creased displacement or forced migrations of contents in the first section of the National U.S.C. 403-1) is amended— vulnerable populations due to inundation or Security Act of 1947 is amended by striking (1) by redesignating paragraphs (7) and (8), other causes, increased food insecurity, and the item relating to section 109. as paragraphs (8) and (9), respectively; and increased risks to human health from infec- (b) ANNUAL AND SPECIAL REPORTS ON INTEL- (2) by inserting after paragraph (6), the fol- tious disease; LIGENCE SHARING WITH THE UNITED NA- lowing new paragraph: (3) to assess the capabilities of the coun- TIONS.—Section 112 of the National Security ‘‘(7)(A) The Director of National Intel- tries or regions described in subparagraph Act of 1947 (50 U.S.C. 404g) is amended— ligence shall, if the Director determines it is (A) or (B) of paragraph (1) to respond to ad- (1) by striking subsection (b); and necessary, or may, if requested by a congres- verse impacts caused by global climate (2) by redesignating subsections (c), (d), sional intelligence committee, conduct ac- change; and and (e) as subsections (b), (c), and (d), respec- countability reviews of elements of the intel- (4) to make recommendations for further tively. ligence community or the personnel of such assessments of security consequences of (c) ANNUAL REPORT ON SAFETY AND SECU- elements in relation to significant failures global climate change that would improve RITY OF RUSSIAN NUCLEAR FACILITIES AND or deficiencies within the intelligence com- national security planning. FORCES.—Section 114 of the National Secu- munity. (c) COORDINATION.—In preparing the Na- rity Act of 1947 (50 U.S.C. 404i) is amended— ‘‘(B) The Director of National Intelligence, tional Intelligence Estimate under this sec- (1) by striking subsection (a); and in consultation with the Attorney General, tion, the Director of National Intelligence (2) by redesignating subsections (b), (c), shall establish guidelines and procedures for shall consult with representatives of the sci- and (d) as subsections (a), (b), and (c), respec- conducting accountability reviews under entific community, including atmospheric tively. subparagraph (A). and climate studies, security studies, con- (d) ANNUAL CERTIFICATION ON COUNTER- ‘‘(C) The requirements of this paragraph flict studies, economic assessments, and en- INTELLIGENCE INITIATIVES.—Section 1102(b) of shall not limit any authority of the Director vironmental security studies, the Secretary the National Security Act of 1947 (50 U.S.C. of National Intelligence under subsection of Defense, the Secretary of State, the Ad- 442a(b)) is amended— (m) or with respect to supervision of the Cen- ministrator of the National Oceanographic (1) by striking ‘‘(1)’’; and tral Intelligence Agency.’’. and Atmospheric Administration, the Ad- (2) by striking paragraph (2). SEC. 4402. ADDITIONAL AUTHORITIES OF THE DI- ministrator of the National Aeronautics and (e) REPORT AND CERTIFICATION UNDER TER- RECTOR OF NATIONAL INTEL- Space Administration, the Administrator of RORIST IDENTIFICATION CLASSIFICATION SYS- LIGENCE ON INTELLIGENCE INFOR- MATION SHARING. the Environmental Protection Agency, the TEM.—Section 343 of the Intelligence Author- (a) AUTHORITIES OF THE DIRECTOR OF NA- Secretary of Energy, and the Secretary of ization Act for Fiscal Year 2003 (50 U.S.C. TIONAL INTELLIGENCE.—Section 102A(g)(1) of Agriculture, and, if appropriate, multilateral 404n–2) is amended— the National Security Act of 1947 (50 U.S.C. institutions and allies of the United States (1) by striking subsection (d); and 403–1(g)(1)) is amended— that have conducted significant research on (2) by redesignating subsections (e), (f), (g), (1) in subparagraph (E), by striking ‘‘and’’ global climate change. and (h) as subsections (d), (e), (f), and (g), re- SSISTANCE.— at the end; (d) A spectively. (1) AGENCIES OF THE UNITED STATES.—In (f) ANNUAL REPORT ON COUNTERDRUG INTEL- (2) in subparagraph (F), by striking the pe- order to produce the National Intelligence LIGENCE MATTERS.—Section 826 of the Intel- riod and inserting a semicolon; and Estimate required by subsection (a), the Di- ligence Authorization Act for Fiscal Year (3) by adding at the end the following new rector of National Intelligence may request 2003 (Public Law 107–306; 116 Stat. 2429; 21 subparagraphs: any appropriate assistance from any agency, U.S.C. 873 note) is repealed. ‘‘(G) in carrying out this subsection, with- department, or other entity of the United (g) SEMIANNUAL REPORT ON CONTRIBUTIONS out regard to any other provision of law State Government and such agency, depart- TO PROLIFERATION EFFORTS OF COUNTRIES OF (other than this Act and the National Secu- ment, or other entity shall provide the as- PROLIFERATION CONCERN.—Section 722 of the rity Intelligence Reform Act of 2004 (title I sistance requested. Combatting Proliferation of Weapons of of Public Law 108–458)), expend funds and (2) OTHER ENTITIES.—In order to produce Mass Destruction Act of 1996 (50 U.S.C. 2369) make funds available to other department or the National Intelligence Estimate required is repealed. agencies of the United States for, and direct by subsection (a), the Director of National (h) CONFORMING AMENDMENTS.—Section the development and fielding of, systems of Intelligence may request any appropriate as- 507(a) of the National Security Act of 1947 (50 common concern related to the collection, sistance from any other person or entity. U.S.C. 415b(a)) is amended— processing, analysis, exploitation, and dis- (3) REIMBURSEMENT.—The Director of Na- (1) in paragraph (1)— semination of intelligence information; and tional Intelligence is authorized to provide (A) by striking subparagraphs (A) and (B); ‘‘(H) for purposes of addressing critical appropriate reimbursement to the head of an and gaps in intelligence information sharing or

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11889 access capabilities, have the authority to verted, notwithstanding otherwise applicable Director of National Intelligence may, with transfer funds appropriated for a program laws governing the classification and rates of the concurrence of the head of the depart- within the National Intelligence Program to basic pay for such positions. ment or agency concerned, or for those mat- a program funded by appropriations not ‘‘(2)(A) At the request of the Director of ters that fall under the responsibilities of within the National Intelligence Program, National Intelligence, the head of a depart- the Office of Personnel Management under consistent with paragraphs (3) through (7) of ment or agency may establish new positions statute or Executive Order, in coordination subsection (d).’’. in the excepted service within an element of with the Director of the Office of Personnel (b) AUTHORITIES OF HEADS OF OTHER DE- such department or agency that is part of Management, authorize one or more ele- PARTMENTS AND AGENCIES.—Notwithstanding the intelligence community if the Director ments of the intelligence community to any other provision of law, the head of any determines that such positions are necessary adopt compensation authority, performance department or agency of the United States is to carry out the intelligence functions of management authority, and scholarship au- authorized to receive and utilize funds made such element. thority that have been authorized for an- available to the department or agency by the ‘‘(B) The Director of National Intelligence other element of the intelligence community Director of National Intelligence pursuant to may establish the classification and ranges if the Director of National Intelligence— section 102A(g)(1) of the National Security of rates of basic pay for any position estab- ‘‘(A) determines that the adoption of such Act of 1947 (50 U.S.C. 403–1(g)(1)), as amended lished under subparagraph (A), notwith- authority would improve the management by subsection (a), and receive and utilize any standing otherwise applicable laws gov- and performance of the intelligence commu- system referred to in such section that is erning the classification and rates of basic nity, and made available to the department or agency. pay for such positions ‘‘(B) submits to the congressional intel- SEC. 4403. MODIFICATION OF LIMITATION ON ‘‘(3) The head of the department or agency ligence committees, not later than 60 days DELEGATION BY THE DIRECTOR OF concerned is authorized to appoint individ- before such authority is to take effect, no- NATIONAL INTELLIGENCE OF THE uals for service in positions converted under tice of the adoption of such authority by PROTECTION OF INTELLIGENCE paragraph (1) or established under paragraph such element or elements, including the au- SOURCES AND METHODS. (2) without regard to the provisions of chap- thority to be so adopted, and an estimate of Section 102A(i)(3) of the National Security ter 33 of title 5, United States Code, gov- the costs associated with the adoption of Act of 1947 (50 U.S.C. 403–1(i)(3)) is amended erning appointments in the competitive such authority. by inserting before the period the following: service, and to fix the compensation of such ‘‘(2) To the extent that an existing com- ‘‘, any Deputy Director of National Intel- individuals within the applicable ranges of pensation authority within the intelligence ligence, or the Chief Information Officer of rates of basic pay established by the Director community is limited to a particular cat- the Intelligence Community’’. of National Intelligence. egory of employees or a particular situation, SEC. 4404. ADDITIONAL ADMINISTRATIVE AU- ‘‘(4) The maximum rate of basic pay estab- the authority may be adopted in another ele- THORITY OF THE DIRECTOR OF NA- lished under this subsection is the rate for ment of the intelligence community under TIONAL INTELLIGENCE. level III of the Executive Schedule under sec- this subsection only for employees in an Section 102A of the National Security Act tion 5314 of title 5, United States Code. equivalent category or in an equivalent situ- of 1947 (50 U.S.C. 403–1) is amended by adding ‘‘(u) PAY AUTHORITY FOR CRITICAL POSI- ation. at the end the following new subsection: TIONS.—(1) Notwithstanding any pay limita- ‘‘(3) In this subsection, the term ‘com- ‘‘(s) ADDITIONAL ADMINISTRATIVE AUTHORI- tion established under any other provision of pensation authority’ means authority in- TIES.—(1) Notwithstanding section 1346 of law applicable to employees in elements of volving basic pay (including position classi- title 31, United States Code, or any other the intelligence community, the Director of fication), premium pay, awards, bonuses, in- provision of law prohibiting the interagency National Intelligence may, in consultation centives, allowances, differentials, student financing of activities described in subpara- with the Director of the Office of Personnel loan repayments, and special payments, but graph (A) or (B), upon the request of the Di- Management and the Director of the Office does not include authorities as follows: rector of National Intelligence, any element of Management and Budget, grant authority ‘‘(A) Authorities related to benefits such as of the intelligence community may use ap- to fix the rate of basic pay for one or more leave, severance pay, retirement, and insur- propriated funds to support or participate in positions within the intelligence community ance. the interagency activities of the following: at a rate in excess of any applicable limita- ‘‘(B) Authority to grant Presidential Rank ‘‘(A) National intelligence centers estab- tion, subject to the provisions of this sub- Awards under sections 4507 and 4507a of title lished by the Director under section 119B. section. The exercise of authority so granted 5, United States Code, section 3151(c) of title ‘‘(B) Boards, commissions, councils, com- is at the discretion of the head of the depart- 31, United States Code, and any other provi- mittees, and similar groups that are estab- ment or agency employing the individual in sion of law. lished— a position covered by such authority, subject ‘‘(C) Compensation authorities and per- ‘‘(i) for a term of not more than two years; to the provisions of this subsection and any formance management authorities provided and conditions established by the Director of Na- under provisions of law relating to the Sen- ‘‘(ii) by the Director. tional Intelligence when granting such au- ior Executive Service.’’. ‘‘(2) No provision of law enacted after the thority. SEC. 4406. CLARIFICATION OF LIMITATION ON date of the enactment of the Intelligence Au- ‘‘(2) Authority under this subsection may CO-LOCATION OF THE OFFICE OF thorization Act for Fiscal Year 2008 shall be be granted or exercised— THE DIRECTOR OF NATIONAL INTEL- construed to limit or supersede the author- ‘‘(A) only with respect to a position which LIGENCE. ity in paragraph (1) unless such provision requires an extremely high level of expertise Section 103(e) of the National Security Act makes specific reference to the authority in and is critical to successful accomplishment of 1947 (50 U.S.C. 403–3(e)) is amended— that paragraph.’’. of an important mission; and (1) by striking ‘‘WITH’’ and inserting ‘‘OF SEC. 4405. ENHANCEMENT OF AUTHORITY OF ‘‘(B) only to the extent necessary to re- HEADQUARTERS WITH HEADQUARTERS OF’’; THE DIRECTOR OF NATIONAL INTEL- cruit or retain an individual exceptionally (2) by inserting ‘‘the headquarters of’’ be- LIGENCE FOR FLEXIBLE PER- well qualified for the position. fore ‘‘the Office’’; and SONNEL MANAGEMENT AMONG THE ‘‘(3) A rate of basic pay may not be fixed (3) by striking ‘‘any other element’’ and in- ELEMENTS OF THE INTELLIGENCE under this subsection at a rate greater than serting ‘‘the headquarters of any other ele- COMMUNITY. the rate payable for level II of the Executive ment’’. Section 102A of the National Security Act Schedule under section 5312 of title 5, United SEC. 4407. ADDITIONAL DUTIES OF THE DIREC- of 1947 (50 U.S.C. 403–1), as amended by sec- States Code, except upon written approval of TOR OF SCIENCE AND TECHNOLOGY tion 4404 of this Act, is further amended by the Director of National Intelligence or as OF THE OFFICE OF THE DIRECTOR adding at the end the following new sub- otherwise authorized by law. OF NATIONAL INTELLIGENCE. sections: ‘‘(4) A rate of basic pay may not be fixed (a) COORDINATION AND PRIORITIZATION OF ‘‘(t) AUTHORITY TO ESTABLISH POSITIONS IN under this subsection at a rate greater than RESEARCH CONDUCTED BY ELEMENTS OF INTEL- EXCEPTED SERVICE.—(1) The Director of Na- the rate payable for level I of the Executive LIGENCE COMMUNITY.—Subsection (d) of sec- tional Intelligence may, with the concur- Schedule under section 5311 of title 5, United tion 103E of the National Security Act of 1947 rence of the head of the department or agen- States Code, except upon written approval of (50 U.S.C. 403–3e) is amended— cy concerned and in coordination with the the President in response to a request by the (1) in paragraph (3)(A), by inserting ‘‘and Director of the Office of Personnel Manage- Director of National Intelligence or as other- prioritize’’ after ‘‘coordinate’’; and ment— wise authorized by law. (2) by adding at the end the following new ‘‘(A) convert such competitive service posi- ‘‘(5) Any grant of authority under this sub- paragraph: tions, and their incumbents, within an ele- section for a position shall terminate at the ‘‘(4) In carrying out paragraph (3)(A), the ment of the intelligence community to ex- discretion of the Director of National Intel- Committee shall identify basic, advanced, cepted service positions as the Director of ligence. and applied research programs to be carried National Intelligence determines necessary ‘‘(v) EXTENSION OF FLEXIBLE PERSONNEL out by elements of the intelligence commu- to carry out the intelligence functions of MANAGEMENT AUTHORITIES.—(1) Notwith- nity.’’. such element; and standing any other provision of law, in order (b) DEVELOPMENT OF TECHNOLOGY GOALS.— ‘‘(B) establish the classification and ranges to ensure the equitable treatment of employ- That section is further amended— of rates of basic pay for positions so con- ees across the intelligence community, the (1) in subsection (c)—

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11890 CONGRESSIONAL RECORD — SENATE September 20, 2007 (A) in paragraph (4), by striking ‘‘and’’ at SEC. 4408. TITLE OF CHIEF INFORMATION OFFI- Director of National Intelligence established the end; CER OF THE INTELLIGENCE COMMU- in section 103H of the National Security Act (B) by redesignating paragraph (5) as para- NITY. of 1947, as added by subsection (a). graph (9); and Section 103G of the National Security Act (c) CLERICAL AMENDMENT.—The table of (C) by inserting after paragraph (4) the fol- of 1947 (50 U.S.C. 403–3g) is amended— contents in the first section of the National lowing new paragraphs: (1) in subsection (a), by inserting ‘‘of the Security Act of 1947 is amended by inserting ‘‘(5) assist the Director in establishing Intelligence Community’’ after ‘‘Chief Infor- after the item relating to section 103G the goals for the elements of the intelligence mation Officer’’; following new item: community to meet the technology needs of (2) in subsection (b), by inserting ‘‘of the ‘‘Sec. 103H. Reserve for Contingencies of the the intelligence community; Intelligence Community’’ after ‘‘Chief Infor- Office of the Director of Na- ‘‘(6) under the direction of the Director, es- mation Officer’’; tional Intelligence.’’. (3) in subsection (c), by inserting ‘‘of the tablish engineering standards and specifica- SEC. 4410. INSPECTOR GENERAL OF THE INTEL- tions applicable to each acquisition of a Intelligence Community’’ after ‘‘Chief Infor- LIGENCE COMMUNITY. mation Officer’’; and major system (as that term is defined in sec- (a) ESTABLISHMENT.— (4) in subsection (d), by inserting ‘‘of the tion 506A(e)(3)) by the intelligence commu- (1) IN GENERAL.—Title I of the National Se- nity; Intelligence Community’’ after ‘‘Chief Infor- curity Act of 1947 (50 U.S.C. 402 et seq.), as ‘‘(7) develop 15-year projections and assess- mation Officer’’ the first place it appears. amended by section 4409 of this Act, is fur- ments of the needs of the intelligence com- SEC. 4409. RESERVE FOR CONTINGENCIES OF ther amended by inserting after section 103H munity to ensure a robust Federal scientific THE OFFICE OF THE DIRECTOR OF the following new section: and engineering workforce and the means to NATIONAL INTELLIGENCE. ‘‘INSPECTOR GENERAL OF THE INTELLIGENCE recruit such a workforce through integrated (a) ESTABLISHMENT.—Title I of the Na- scholarships across the intelligence commu- tional Security Act of 1947 (50 U.S.C. 402 et COMMUNITY nity, including research grants and coopera- seq.) is amended by inserting after section ‘‘SEC. 103I. (a) OFFICE OF INSPECTOR GEN- tive work-study programs; 103G the following new section: ERAL OF INTELLIGENCE COMMUNITY.—There is within the Office of the Director of National ‘‘(8) ensure that each acquisition program ‘‘RESERVE FOR CONTINGENCIES OF THE OFFICE Intelligence an Office of the Inspector Gen- of the intelligence community for a major OF THE DIRECTOR OF NATIONAL INTELLIGENCE system (as so defined) complies with the eral of the Intelligence Community. standards and specifications established ‘‘SEC. 103H. (a) IN GENERAL.—There is es- ‘‘(b) PURPOSE.—The purpose of the Office of under paragraph (6); and’’; and tablished a fund to be known as the ‘Reserve the Inspector General of the Intelligence (2) by adding at the end the following new for Contingencies of the Office of the Direc- Community is to— subsection: tor of National Intelligence’ (in this section ‘‘(1) create an objective and effective of- ‘‘(e) GOALS FOR TECHNOLOGY NEEDS OF IN- referred to as the ‘Reserve’). fice, appropriately accountable to Congress, TELLIGENCE COMMUNITY.—In carrying out ‘‘(b) ELEMENTS.—(1) The Reserve shall con- to initiate and conduct independently inves- subsection (c)(5), the Director of Science and sist of the following elements: tigations, inspections, and audits on matters Technology shall— ‘‘(A) Amounts authorized to be appro- within the responsibility and authority of ‘‘(1) systematically identify and assess the priated to the Reserve. the Director of National Intelligence; most significant intelligence challenges that ‘‘(B) Amounts authorized to be transferred ‘‘(2) recommend policies designed— require technical solutions; to or deposited in the Reserve by law. ‘‘(A) to promote economy, efficiency, and ‘‘(2) examine options to enhance the re- ‘‘(2) No amount may be transferred to the effectiveness in the administration and im- sponsiveness of research and design pro- Reserve under subparagraph (B) of paragraph plementation of matters within the responsi- grams of the elements of the intelligence (1) during a fiscal year after the date on bility and authority of the Director of Na- community to meet the requirements of the which a total of $50,000,000 has been trans- tional Intelligence; and intelligence community for timely support; ferred to or deposited in the Reserve under ‘‘(B) to prevent and detect fraud and abuse and subparagraph (A) or (B) of such paragraph. in such matters; ‘‘(3) assist the Director of National Intel- ‘‘(c) AMOUNTS AVAILABLE FOR DEPOSIT.— ‘‘(3) provide a means for keeping the Direc- ligence in establishing research and develop- Amounts deposited into the Reserve shall be tor of National Intelligence fully and cur- ment priorities and projects for the intel- amounts appropriated to the National Intel- rently informed about— ligence community that— ligence Program. ‘‘(A) problems and deficiencies relating to ‘‘(A) are consistent with current or future ‘‘(d) AVAILABILITY OF FUNDS.—(1) Amounts matters within the responsibility and au- national intelligence requirements; in the Reserve shall be available for such thority of the Director of National Intel- ‘‘(B) address deficiencies or gaps in the col- purposes as are provided by law for the Office ligence; and lection, processing, analysis, or dissemina- of the Director of National Intelligence or ‘‘(B) the necessity for, and the progress of, tion of national intelligence; the separate elements of the intelligence corrective actions; and ‘‘(C) take into account funding constraints community for support of emerging needs, ‘‘(4) in the manner prescribed by this sec- in program development and acquisition; and improvements to program effectiveness, or tion, ensure that the congressional intel- ‘‘(D) address system requirements from increased efficiency. ligence committees are kept similarly in- collection to final dissemination (also known ‘‘(2)(A) Subject to subparagraph (B), formed of— as ‘end-to-end architecture’).’’. amounts in the Reserve may be available for ‘‘(A) significant problems and deficiencies (c) REPORT.— a program or activity if— relating to matters within the responsibility (1) IN GENERAL.—Not later than June 30, ‘‘(i) the Director of National Intelligence, and authority of the Director of National In- 2008, the Director of National Intelligence consistent with the provisions of sections 502 telligence; and shall submit to Congress a report containing and 503, notifies the congressional intel- ‘‘(B) the necessity for, and the progress of, a strategy for the development and use of ligence committees of the intention to uti- corrective actions. technology in the intelligence community lize such amounts for such program or activ- ‘‘(c) INSPECTOR GENERAL OF INTELLIGENCE through 2021. ity; and COMMUNITY.—(1) There is an Inspector Gen- (2) ELEMENTS.—The report under paragraph ‘‘(ii) 15 calendar days elapses after the date eral of the Intelligence Community, who (1) shall include— of such notification. shall be the head of the Office of the Inspec- (A) an assessment of the highest priority ‘‘(B) In addition to the requirements in tor General of the Intelligence Community, intelligence gaps across the intelligence subparagraph (A), amounts in the Reserve who shall be appointed by the President, by community that may be resolved by the use may be available for a program or activity and with the advice and consent of the Sen- of technology; not previously authorized by Congress only ate. (B) goals for advanced research and devel- with the approval of the Director the Office ‘‘(2) The nomination of an individual for opment and a strategy to achieve such goals; of Management and Budget. appointment as Inspector General shall be (C) an explanation of how each advanced ‘‘(3) Use of any amounts in the Reserve made— research and development project funded shall be subject to the direction and approval ‘‘(A) without regard to political affiliation; under the National Intelligence Program ad- of the Director of National Intelligence, or ‘‘(B) solely on the basis of integrity, com- dresses an identified intelligence gap; the designee of the Director, and shall be pliance with the security standards of the in- (D) a list of all current and projected re- subject to such procedures as the Director telligence community, and prior experience search and development projects by research may prescribe. in the field of intelligence or national secu- type (basic, advanced, or applied) with esti- ‘‘(4) Amounts transferred to or deposited in rity; and mated funding levels, estimated initiation the Reserve in a fiscal year under subsection ‘‘(C) on the basis of demonstrated ability dates, and estimated completion dates; and (b) shall be available under this subsection in accounting, financial analysis, law, man- (E) a plan to incorporate technology from in such fiscal year and the fiscal year fol- agement analysis, public administration, or research and development projects into Na- lowing such fiscal year.’’. auditing. tional Intelligence Program acquisition pro- (b) APPLICABILITY.—No funds appropriated ‘‘(3) The Inspector General shall report di- grams. prior to the date of the enactment of this rectly to and be under the general super- (3) FORM.—The report under paragraph (1) Act may be transferred to or deposited in the vision of the Director of National Intel- may be submitted in classified form. Reserve for Contingencies of the Office of the ligence.

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11891 ‘‘(4) The Inspector General may be removed in and of itself, provide a sufficient rationale utory or administrative, with oversight re- from office only by the President. The Presi- for denying the Inspector General access to sponsibility for an element or elements of dent shall immediately communicate in any materials under subparagraph (B). the intelligence community, the Inspector writing to the congressional intelligence ‘‘(D) Failure on the part of any employee, General of the Intelligence Community and committees the reasons for the removal of or any employee of a contractor, of any ele- such other Inspector or Inspectors General any individual from the position of Inspector ment of the intelligence community to co- shall expeditiously resolve the question of General. operate with the Inspector General shall be which Inspector General shall conduct such ‘‘(d) DUTIES AND RESPONSIBILITIES.—Sub- grounds for appropriate administrative ac- investigation, inspection, or audit. ject to subsections (g) and (h), it shall be the tions by the Director or, on the rec- ‘‘(B) In attempting to resolve a question duty and responsibility of the Inspector Gen- ommendation of the Director, other appro- under subparagraph (A), the Inspectors Gen- eral of the Intelligence Community— priate officials of the intelligence commu- eral concerned may request the assistance of ‘‘(1) to provide policy direction for, and to nity, including loss of employment or the the Intelligence Community Inspectors Gen- plan, conduct, supervise, and coordinate termination of an existing contractual rela- eral Forum established under subparagraph independently, the investigations, inspec- tionship. (C). In the event of a dispute between an In- tions, and audits relating to matters within ‘‘(3) The Inspector General is authorized to spector General within a department of the the responsibility and authority of the Di- receive and investigate complaints or infor- United States Government and the Inspector rector of National Intelligence to ensure mation from any person concerning the ex- General of the Intelligence Community that they are conducted efficiently and in accord- istence of an activity constituting a viola- has not been resolved with the assistance of ance with applicable law and regulations; tion of laws, rules, or regulations, or mis- the Forum, the Inspectors General shall sub- ‘‘(2) to keep the Director of National Intel- management, gross waste of funds, abuse of mit the question to the Director of National ligence fully and currently informed con- authority, or a substantial and specific dan- Intelligence and the head of the department cerning violations of law and regulations, ger to the public health and safety. Once for resolution. violations of civil liberties and privacy, and such complaint or information has been re- ‘‘(C) There is established the Intelligence fraud and other serious problems, abuses, ceived from an employee of the Federal Gov- Community Inspectors General Forum which and deficiencies that may occur in matters ernment— shall consist of all statutory or administra- within the responsibility and authority of ‘‘(A) the Inspector General shall not dis- tive Inspectors General with oversight re- the Director, and to report the progress close the identity of the employee without sponsibility for an element or elements of made in implementing corrective action; the consent of the employee, unless the In- the intelligence community. The Inspector ‘‘(3) to take due regard for the protection spector General determines that such disclo- General of the Intelligence Community shall of intelligence sources and methods in the sure is unavoidable during the course of the serve as the chair of the Forum. The Forum preparation of all reports issued by the In- investigation or the disclosure is made to an shall have no administrative authority over spector General, and, to the extent con- official of the Department of Justice respon- any Inspector General, but shall serve as a sistent with the purpose and objective of sible for determining whether a prosecution mechanism for informing its members of the such reports, take such measures as may be should be undertaken; and work of individual members of the Forum appropriate to minimize the disclosure of in- ‘‘(B) no action constituting a reprisal, or that may be of common interest and dis- telligence sources and methods described in threat of reprisal, for making such com- cussing questions about jurisdiction or ac- such reports; and plaint may be taken by any employee in a cess to employees, employees of a con- ‘‘(4) in the execution of the duties and re- position to take such actions, unless the tractor, records, audits, reviews, documents, sponsibilities under this section, to comply complaint was made or the information was recommendations, or other materials that with generally accepted government audit- disclosed with the knowledge that it was may involve or be of assistance to more than ing standards. false or with willful disregard for its truth or one of its members. ‘‘(e) LIMITATIONS ON ACTIVITIES.—(1) The falsity. ‘‘(2) The Inspector General conducting an Director of National Intelligence may pro- ‘‘(4) The Inspector General shall have au- investigation, inspection, or audit covered hibit the Inspector General of the Intel- thority to administer to or take from any by paragraph (1) shall submit the results of ligence Community from initiating, carrying person an oath, affirmation, or affidavit, such investigation, inspection, or audit to out, or completing any investigation, inspec- whenever necessary in the performance of any other Inspector General, including the tion, or audit if the Director determines that the duties of the Inspector General, which Inspector General of the Intelligence Com- such prohibition is necessary to protect vital oath, affirmation, or affidavit when adminis- munity, with jurisdiction to conduct such in- national security interests of the United tered or taken by or before an employee of vestigation, inspection, or audit who did not States. the Office of the Inspector General of the In- conduct such investigation, inspection, or ‘‘(2) If the Director exercises the authority telligence Community designated by the In- audit. under paragraph (1), the Director shall sub- spector General shall have the same force ‘‘(h) STAFF AND OTHER SUPPORT.—(1) The mit an appropriately classified statement of and effect as if administered or taken by or Inspector General of the Intelligence Com- the reasons for the exercise of such author- before an officer having a seal. munity shall be provided with appropriate ity within 7 days to the congressional intel- ‘‘(5)(A) Except as provided in subparagraph and adequate office space at central and field ligence committees. (B), the Inspector General is authorized to office locations, together with such equip- ‘‘(3) The Director shall advise the Inspector require by subpoena the production of all in- ment, office supplies, maintenance services, General at the time a report under para- formation, documents, reports, answers, and communications facilities and services graph (2) is submitted, and, to the extent records, accounts, papers, and other data and as may be necessary for the operation of consistent with the protection of intel- such offices. ligence sources and methods, provide the In- documentary evidence necessary in the per- ‘‘(2)(A) Subject to applicable law and the spector General with a copy of such report. formance of the duties and responsibilities of ‘‘(4) The Inspector General may submit to the Inspector General. policies of the Director of National Intel- the congressional intelligence committees ‘‘(B) In the case of departments, agencies, ligence, the Inspector General shall select, any comments on a report of which the In- and other elements of the United States Gov- appoint, and employ such officers and em- spector General has notice under paragraph ernment, the Inspector General shall obtain ployees as may be necessary to carry out the (3) that the Inspector General considers ap- information, documents, reports, answers, functions of the Inspector General. The In- propriate. records, accounts, papers, and other data and spector General shall ensure that any officer ‘‘(f) AUTHORITIES.—(1) The Inspector Gen- evidence for the purpose specified in sub- or employee so selected, appointed, or em- eral of the Intelligence Community shall paragraph (A) using procedures other than ployed has security clearances appropriate have direct and prompt access to the Direc- by subpoenas. for the assigned duties of such officer or em- tor of National Intelligence when necessary ‘‘(C) The Inspector General may not issue a ployee. for any purpose pertaining to the perform- subpoena for or on behalf of any other ele- ‘‘(B) In making selections under subpara- ance of the duties of the Inspector General. ment of the intelligence community, includ- graph (A), the Inspector General shall ensure ‘‘(2)(A) The Inspector General shall have ing the Office of the Director of National In- that such officers and employees have the access to any employee, or any employee of telligence. requisite training and experience to enable a contractor, of any element of the intel- ‘‘(D) In the case of contumacy or refusal to the Inspector General to carry out the duties ligence community whose testimony is need- obey a subpoena issued under this paragraph, of the Inspector General effectively. ed for the performance of the duties of the the subpoena shall be enforceable by order of ‘‘(C) In meeting the requirements of this Inspector General. any appropriate district court of the United paragraph, the Inspector General shall cre- ‘‘(B) The Inspector General shall have di- States. ate within the Office of the Inspector Gen- rect access to all records, reports, audits, re- ‘‘(g) COORDINATION AMONG INSPECTORS GEN- eral of the Intelligence Community a career views, documents, papers, recommendations, ERAL OF INTELLIGENCE COMMUNITY.—(1)(A) In cadre of sufficient size to provide appro- or other material which relate to the pro- the event of a matter within the jurisdiction priate continuity and objectivity needed for grams and operations with respect to which of the Inspector General of the Intelligence the effective performance of the duties of the the Inspector General has responsibilities Community that may be subject to an inves- Inspector General. under this section. tigation, inspection, or audit by both the In- ‘‘(3)(A) Subject to the concurrence of the ‘‘(C) The level of classification or spector General of the Intelligence Commu- Director, the Inspector General may request compartmentation of information shall not, nity and an Inspector General, whether stat- such information or assistance as may be

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11892 CONGRESSIONAL RECORD — SENATE September 20, 2007 necessary for carrying out the duties and re- ‘‘(C) Not later than the 30 days after the signed or detailed to an element of the intel- sponsibilities of the Inspector General from date of receipt of a report under subpara- ligence community, or an employee of a con- any department, agency, or other element of graph (A), the Director shall transmit the re- tractor to the intelligence community who the United States Government. port to the congressional intelligence com- intends to report to Congress a complaint or ‘‘(B) Upon request of the Inspector General mittees together with any comments the Di- information with respect to an urgent con- for information or assistance under subpara- rector considers appropriate. The Director cern may report such complaint or informa- graph (A), the head of the department, agen- shall transmit to the committees of the Sen- tion to the Inspector General. cy, or element concerned shall, insofar as is ate and of the House of Representatives with ‘‘(B) Not later than the end of the 14-cal- practicable and not in contravention of any jurisdiction over a department of the United endar day period beginning on the date of re- existing statutory restriction or regulation States Government any portion of the report ceipt from an employee of a complaint or in- of the department, agency, or element, fur- involving a component of such department formation under subparagraph (A), the In- nish to the Inspector General, or to an au- simultaneously with submission of the re- spector General shall determine whether the thorized designee, such information or as- port to the congressional intelligence com- complaint or information appears credible. sistance. mittees. Upon making such a determination, the In- ‘‘(C) The Inspector General of the Intel- ‘‘(2)(A) The Inspector General shall report spector General shall transmit to the Direc- ligence Community may, upon reasonable immediately to the Director whenever the tor a notice of that determination, together notice to the head of any element of the in- Inspector General becomes aware of particu- with the complaint or information. telligence community, conduct, as author- larly serious or flagrant problems, abuses, or ‘‘(C) Upon receipt of a transmittal from the ized by this section, an investigation, inspec- deficiencies relating to matters within the Inspector General under subparagraph (B), tion, or audit of such element and may enter responsibility and authority of the Director the Director shall, within seven calendar into any place occupied by such element for of National Intelligence. days of such receipt, forward such trans- purposes of the performance of the duties of ‘‘(B) The Director shall transmit to the mittal to the congressional intelligence com- the Inspector General. congressional intelligence committees each mittees, together with any comments the Di- ‘‘(i) REPORTS.—(1)(A) The Inspector Gen- report under subparagraph (A) within seven rector considers appropriate. eral of the Intelligence Community shall, calendar days of receipt of such report, to- ‘‘(D)(i) If the Inspector General does not not later than January 31 and July 31 of each gether with such comments as the Director find credible under subparagraph (B) a com- year, prepare and submit to the Director of considers appropriate. The Director shall plaint or information submitted under sub- National Intelligence a classified, and, as ap- transmit to the committees of the Senate paragraph (A), or does not transmit the com- propriate, unclassified semiannual report and of the House of Representatives with ju- plaint or information to the Director in ac- summarizing the activities of the Office of risdiction over a department of the United curate form under subparagraph (B), the em- the Inspector General of the Intelligence States Government any portion of each re- ployee (subject to clause (ii)) may submit Community during the immediately pre- port under subparagraph (A) that involves a the complaint or information to Congress by ceding 6-month periods ending December 31 problem, abuse, or deficiency related to a contacting either or both of the congres- (of the preceding year) and June 30, respec- component of such department simulta- sional intelligence committees directly. tively. The Inspector General of the Intel- neously with transmission of the report to ‘‘(ii) An employee may contact the intel- ligence Community shall provide any por- the congressional intelligence committees ligence committees directly as described in tion of the report involving a component of ‘‘(3) In the event that— clause (i) only if the employee— a department of the United States Govern- ‘‘(A) the Inspector General is unable to re- ‘‘(I) before making such a contact, fur- ment to the head of that department simul- solve any differences with the Director af- nishes to the Director, through the Inspector taneously with submission of the report to fecting the execution of the duties or respon- General, a statement of the employee’s com- the Director of National Intelligence. sibilities of the Inspector General; plaint or information and notice of the em- ‘‘(B) Each report under this paragraph ‘‘(B) an investigation, inspection, or audit ployee’s intent to contact the congressional shall include, at a minimum, the following: carried out by the Inspector General focuses intelligence committees directly; and ‘‘(i) A list of the title or subject of each in- on any current or former intelligence com- ‘‘(II) obtains and follows from the Director, vestigation, inspection, or audit conducted munity official who— through the Inspector General, direction on during the period covered by such report, in- ‘‘(i) holds or held a position in an element how to contact the intelligence committees cluding a summary of the progress of each of the intelligence community that is sub- in accordance with appropriate security particular investigation, inspection, or audit ject to appointment by the President, wheth- practices. since the preceding report of the Inspector er or not by and with the advice and consent ‘‘(iii) A member or employee of one of the General under this paragraph. of the Senate, including such a position held congressional intelligence committees who ‘‘(ii) A description of significant problems, on an acting basis; receives a complaint or information under abuses, and deficiencies relating to the ad- ‘‘(ii) holds or held a position in an element clause (i) does so in that member or employ- ministration and implementation of pro- of the intelligence community, including a ee’s official capacity as a member or em- grams and operations of the intelligence position held on an acting basis, that is ap- ployee of such committee. community, and in the relationships between pointed by the Director of National Intel- ‘‘(E) The Inspector General shall notify an elements of the intelligence community, ligence; or employee who reports a complaint or infor- identified by the Inspector General during ‘‘(iii) holds or held a position as head of an mation to the Inspector General under this the period covered by such report. element of the intelligence community or a paragraph of each action taken under this ‘‘(iii) A description of the recommenda- position covered by subsection (b) or (c) of paragraph with respect to the complaint or tions for corrective or disciplinary action section 106; information. Such notice shall be provided made by the Inspector General during the pe- ‘‘(C) a matter requires a report by the In- not later than 3 days after any such action is riod covered by such report with respect to spector General to the Department of Jus- taken. significant problems, abuses, or deficiencies tice on possible criminal conduct by a cur- ‘‘(F) An action taken by the Director or identified in clause (ii). rent or former official described in subpara- the Inspector General under this paragraph ‘‘(iv) A statement whether or not correc- graph (B); shall not be subject to judicial review. tive or disciplinary action has been com- ‘‘(D) the Inspector General receives notice ‘‘(G) In this paragraph, the term ‘urgent pleted on each significant recommendation from the Department of Justice declining or concern’ means any of the following: described in previous semiannual reports, approving prosecution of possible criminal ‘‘(i) A serious or flagrant problem, abuse, and, in a case where corrective action has conduct of any current or former official de- violation of law or Executive order, or defi- been completed, a description of such correc- scribed in subparagraph (B); or ciency relating to the funding, administra- tive action. ‘‘(E) the Inspector General, after exhaust- tion, or operation of an intelligence activity ‘‘(v) A certification whether or not the In- ing all possible alternatives, is unable to ob- involving classified information, but does spector General has had full and direct ac- tain significant documentary information in not include differences of opinions con- cess to all information relevant to the per- the course of an investigation, inspection, or cerning public policy matters. formance of the functions of the Inspector audit, ‘‘(ii) A false statement to Congress, or a General. the Inspector General shall immediately no- willful withholding from Congress, on an ‘‘(vi) A description of the exercise of the tify and submit a report on such matter to issue of material fact relating to the fund- subpoena authority under subsection (f)(5) by the congressional intelligence committees. ing, administration, or operation of an intel- the Inspector General during the period cov- ‘‘(4) Pursuant to title V, the Director shall ligence activity. ered by such report. submit to the congressional intelligence ‘‘(iii) An action, including a personnel ac- ‘‘(vii) Such recommendations as the In- committees any report or findings and rec- tion described in section 2302(a)(2)(A) of title spector General considers appropriate for ommendations of an investigation, inspec- 5, United States Code, constituting reprisal legislation to promote economy, efficiency, tion, or audit conducted by the office which or threat of reprisal prohibited under sub- and effectiveness in the administration and has been requested by the Chairman or Vice section (f)(3)(B) of this section in response to implementation of matters within the re- Chairman or Ranking Minority Member of an employee’s reporting an urgent concern sponsibility and authority of the Director of either committee. in accordance with this paragraph. National Intelligence, and to detect and ‘‘(5)(A) An employee of an element of the ‘‘(H) In support of this paragraph, Congress eliminate fraud and abuse in such matters. intelligence community, an employee as- makes the findings set forth in paragraphs

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11893 (1) through (6) of section 701(b) of the Intel- ‘‘(10) The Inspector General of the Intel- SEC. 4413. OPERATIONAL FILES IN THE OFFICE ligence Community Whistleblower Protec- ligence Community. OF THE DIRECTOR OF NATIONAL IN- tion Act of 1998 (title VII of Public Law 105– ‘‘(11) The Director of the National Counter- TELLIGENCE. 272; 5 U.S.C. App. 8H note). terrorism Center. (a) IN GENERAL.—Title VII of the National ‘‘(6) In accordance with section 535 of title ‘‘(12) The Director of the National Counter Security Act of 1947 (50 U.S.C. 431 et seq.) is 28, United States Code, the Inspector General Proliferation Center.’’. amended by adding at the end the following shall report to the Attorney General any in- SEC. 4412. NATIONAL SPACE INTELLIGENCE OF- new section: formation, allegation, or complaint received FICE. ‘‘PROTECTION OF CERTAIN FILES OF THE OFFICE by the Inspector General relating to viola- (a) ESTABLISHMENT.— OF THE DIRECTOR OF NATIONAL INTELLIGENCE tions of Federal criminal law that involves a (1) IN GENERAL.—Title I of the National Se- ‘‘SEC. 706. (a) RECORDS FROM EXEMPTED program or operation of an element of the curity Act of 1947 (50 U.S.C. 401 et seq.) is OPERATIONAL FILES.—(1) Any record dissemi- intelligence community, or in the relation- amended by adding at the end the following nated or otherwise provided to an element of ships between the elements of the intel- new section: the Office of the Director of National Intel- ligence community, consistent with such ‘‘NATIONAL SPACE INTELLIGENCE OFFICE ligence from the exempted operational files guidelines as may be issued by the Attorney ‘‘SEC. 119C. (a) ESTABLISHMENT.—There is of elements of the intelligence community General pursuant to subsection (b)(2) of such established within the Office of the Director designated in accordance with this title, and section. A copy of each such report shall be of National Intelligence a National Space In- any operational files created by the Office of furnished to the Director. telligence Office. the Director of National Intelligence that in- ‘‘(j) SEPARATE BUDGET ACCOUNT.—The Di- ‘‘(b) DIRECTOR OF NATIONAL SPACE INTEL- corporate such record in accordance with rector of National Intelligence shall, in ac- LIGENCE OFFICE.—The National Intelligence subparagraph (A)(ii), shall be exempted from cordance with procedures to be issued by the Officer for Science and Technology, or a suc- the provisions of section 552 of title 5, United Director in consultation with the congres- cessor position designated by the Director of States Code that require search, review, pub- sional intelligence committees, include in National Intelligence, shall act as the Direc- lication or disclosure in connection there- the National Intelligence Program budget a tor of the National Space Intelligence Office. with, in any instance in which— separate account for the Office of Inspector ‘‘(c) MISSIONS.—The National Space Intel- ‘‘(A)(i) such record is shared within the Of- General of the Intelligence Community. ligence Office shall have the following mis- fice of the Director of National Intelligence ‘‘(k) CONSTRUCTION OF DUTIES REGARDING sions: and not disseminated by that Office beyond ELEMENTS OF INTELLIGENCE COMMUNITY.—Ex- ‘‘(1) To coordinate and provide policy di- that Office; or cept as resolved pursuant to subsection (g), rection for the management of space-related ‘‘(ii) such record is incorporated into new the performance by the Inspector General of intelligence assets. records created by personnel of the Office of the Intelligence Community of any duty, re- ‘‘(2) To prioritize collection activities con- the Director of National Intelligence and sponsibility, or function regarding an ele- sistent with the National Intelligence Col- maintained in operational files of the Office ment of the intelligence community shall lection Priorities framework, or a successor of the Director of National Intelligence and not be construed to modify or effect the du- framework or other document designated by such record is not disseminated by that Of- ties and responsibilities of any other Inspec- the Director of National Intelligence. fice beyond that Office; and tor General, whether statutory or adminis- ‘‘(3) To provide policy direction for pro- ‘‘(B) the operational files from which such trative, having duties and responsibilities re- grams designed to ensure a sufficient cadre record has been obtained continue to remain lating to such element.’’. of government and nongovernment personnel designated as operational files exempted (2) CLERICAL AMENDMENT.—The table of in fields relating to space intelligence, in- from section 552 of title 5, United States contents in the first section of the National cluding programs to support education, re- Code. Security Act of 1947, as amended by section cruitment, hiring, training, and retention of ‘‘(2) The operational files of the Office of 4409 of this Act, is further amended by in- qualified personnel. the Director of National Intelligence re- serting after the item relating to section ‘‘(4) To evaluate independent analytic as- ferred to in paragraph (1)(A)(ii) shall be simi- 103H the following new item: sessments of threats to classified United lar in nature to the originating operational ‘‘Sec. 103I. Inspector General of the Intel- States space intelligence systems through- files from which the record was disseminated ligence Community.’’. out all phases of the development, acquisi- or provided, as such files are defined in this (b) REPEAL OF SUPERSEDED AUTHORITY TO tion, and operation of such systems. title. ESTABLISH POSITION.—Section 8K of the In- ‘‘(d) ACCESS TO INFORMATION.—The Direc- ‘‘(3) Records disseminated or otherwise spector General Act of 1978 (5 U.S.C. App.) is tor of National Intelligence shall ensure that provided to the Office of the Director of Na- repealed. the National Space Intelligence Office has tional Intelligence from other elements of (c) EXECUTIVE SCHEDULE LEVEL IV.—Sec- access to all national intelligence informa- the intelligence community that are not pro- tion 5314 of title 5, United States Code, is tion (as appropriate), and such other infor- tected by paragraph (1), and that are author- amended by adding at the end the following mation (as appropriate and practical), nec- ized to be disseminated beyond the Office of new item: essary for the Office to carry out the mis- the Director of National Intelligence, shall ‘‘Inspector General of the Intelligence sions of the Office under subsection (c). remain subject to search and review under Community.’’. ‘‘(e) SEPARATE BUDGET ACCOUNT.—The Di- section 552 of title 5, United States Code, but SEC. 4411. LEADERSHIP AND LOCATION OF CER- rector of National Intelligence shall include may continue to be exempted from the publi- TAIN OFFICES AND OFFICIALS. in the National Intelligence Program budget cation and disclosure provisions of that sec- (a) NATIONAL COUNTER PROLIFERATION CEN- a separate line item for the National Space tion by the originating agency to the extent TER.—Section 119A(a) of the National Secu- Intelligence Office.’’. that such section permits. rity Act of 1947 (50 U.S.C. 404o–1(a)) is amend- (2) CLERICAL AMENDMENT.—The table of ‘‘(4) Notwithstanding any other provision ed— contents in the first section of the National of this title, records in the exempted oper- (1) by striking ‘‘(a) ESTABLISHMENT.—Not Security Act of 1947 is amended by inserting ational files of the Central Intelligence later than 18 months after the date of the en- after the item relating to section 119B the Agency, the National Geospatial-Intelligence actment of the National Security Intel- following new item: Agency, the National Reconnaissance Office, ligence Reform Act of 2004, the’’ and insert- ‘‘Sec. 119C. National Space Intelligence Of- the National Security Agency, or the De- ing the following: fice.’’. fense Intelligence Agency shall not be sub- ‘‘(a) IN GENERAL.— (b) REPORT ON ORGANIZATION OF OFFICE.— ject to the search and review provisions of ‘‘(1) ESTABLISHMENT.—The’’; and (1) REPORT REQUIRED.—Not later than 180 section 552 of title 5, United States Code, (2) by adding at the end the following new days after the date of the enactment of this solely because they have been disseminated paragraphs: Act, the Director of the National Space In- to an element or elements of the Office of ‘‘(2) DIRECTOR.—The head of the National telligence Office shall submit to the Select the Director of National Intelligence, or ref- Counter Proliferation Center shall be the Di- Committee on Intelligence of the Senate and erenced in operational files of the Office of rector of the National Counter Proliferation the Permanent Select Committee on Intel- the Director of National Intelligence and Center, who shall be appointed by the Direc- ligence of the House of Representatives a re- that are not disseminated beyond the Office tor of National Intelligence. port on the organizational structure of the of the Director of National Intelligence. ‘‘(3) LOCATION.—The National Counter Pro- National Space Intelligence Office estab- ‘‘(5) Notwithstanding any other provision liferation Center shall be located within the lished by section 119C of the National Secu- of this title, the incorporation of records Office of the Director of National Intel- rity Act of 1947 (as added by subsection (a)). from the operational files of the Central In- ligence.’’. (2) ELEMENTS.—The report required by telligence Agency, the National Geospatial- (b) OFFICERS.—Section 103(c) of that Act paragraph (1) shall include the following: Intelligence Agency, the National Recon- (50 U.S.C. 403–3(c)) is amended— (A) The proposed organizational structure naissance Office, the National Security (1) by redesignating paragraph (9) as para- of the National Space Intelligence Office. Agency, or the Defense Intelligence Agency, graph (13); and (B) An identification of key participants in into operational files of the Office of the Di- (2) by inserting after paragraph (8) the fol- the Office. rector of National Intelligence shall not sub- lowing new paragraphs: (C) A strategic plan for the Office during ject that record or the operational files of ‘‘(9) The Chief Information Officer of the the five-year period beginning on the date of the Central Intelligence Agency, the Na- Intelligence Community. the report. tional Geospatial-Intelligence Agency, the

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11894 CONGRESSIONAL RECORD — SENATE September 20, 2007 National Reconnaissance Office, the Na- period beginning on the date of the most re- available in accordance with the provisions tional Security Agency or the Defense Intel- cent review. of section 552 of title 5, United States Code, ligence Agency to the search and review pro- ‘‘(B) Whether the Director of National In- and such order shall be the exclusive remedy visions of section 552 of title 5, United States telligence, in fact, considered the criteria set for failure to comply with this section. Code. forth in paragraph (2) in conducting the re- ‘‘(G) If at any time following the filing of ‘‘(b) OTHER RECORDS.—(1) Files in the Of- quired review. a complaint pursuant to this paragraph the fice of the Director of National Intelligence ‘‘(e) SUPERSEDURE OF OTHER LAWS.—The Office of the Director of National Intel- that are not exempted under subsection (a) provisions of this section may not be super- ligence agrees to search the appropriate ex- of this section which contain information de- seded except by a provision of law that is en- empted operational file or files for the re- rived or disseminated from exempted oper- acted after the date of the enactment of this quested records, the court shall dismiss the ational files shall be subject to search and section and that specifically cites and re- claim based upon such complaint.’’. review under section 552 of title 5, United peals or modifies such provisions. (b) CLERICAL AMENDMENT.—The table of States Code. ‘‘(f) APPLICABILITY.—The Director of Na- contents in the first section of the National ‘‘(2) The inclusion of information from ex- tional Intelligence will publish a regulation Security Act of 1947 is amended by inserting empted operational files in files of the Office listing the specific elements within the Of- after the item relating to section 705 the fol- fice of the Director of National Intelligence of the Director of National Intelligence that lowing new item: are not exempted under subsection (a) shall whose records can be exempted from search not affect the exemption of the originating and review under this section. ‘‘Sec. 706. Operational files in the Office of operational files from search, review, publi- ‘‘(g) ALLEGATION; IMPROPER WITHHOLDING the Director of National Intel- cation, or disclosure. OF RECORDS; JUDICIAL REVIEW.—(1) Except as ligence.’’. ‘‘(3) Records from exempted operational provided in paragraph (2), whenever any per- SEC. 4414. REPEAL OF CERTAIN AUTHORITIES files of the Office of the Director of National son who has requested agency records under RELATING TO THE OFFICE OF THE Intelligence which have been disseminated section 552 of title 5, United States Code, al- NATIONAL COUNTER-INTELLIGENCE to and referenced in files that are not ex- leges that the Office of the Director of Na- EXECUTIVE. empted under subsection (a), and which have tional Intelligence has withheld records im- (a) REPEAL OF CERTAIN AUTHORITIES.—Sec- been returned to exempted operational files properly because of failure to comply with tion 904 of the Counterintelligence Enhance- of the Office of the Director of National In- any provision of this section, judicial review ment Act of 2002 (title IX of Public Law 107– telligence for sole retention, shall be subject shall be available under the terms set forth 306; 50 U.S.C. 402c) is amended— to search and review. in section 552(a)(4)(B) of title 5, United (1) by striking subsections (d), (h), (i), and ‘‘(c) SEARCH AND REVIEW FOR CERTAIN PUR- States Code. (j); and POSES.—Notwithstanding subsection (a), ex- ‘‘(2) Judicial review shall not be available (2) by redesignating subsections (e), (f), (g), empted operational files shall continue to be in the manner provided for under paragraph (k), (l), and (m) as subsections (d), (e), (f), (g), subject to search and review for information (1) as follows: (h), and (i), respectively; and concerning any of the following: ‘‘(A) In any case in which information spe- (3) in subsection (f), as redesignated by ‘‘(1) United States citizens or aliens law- cifically authorized under criteria estab- paragraph (2), by striking paragraphs (3) and fully admitted for permanent residence who lished by an Executive order to be kept se- (4). have requested information on themselves cret in the interests of national defense or (b) CONFORMING AMENDMENTS.—That sec- pursuant to the provisions of section 552 or foreign relations is filed with, or produced tion is further amended— 552a of title 5, United States Code. for, the court by the Office of the Director of (1) in subsection (d), as redesignated by ‘‘(2) Any special activity the existence of National Intelligence, such information shall subsection (a)(2) of this section, by striking which is not exempt from disclosure under be examined ex parte, in camera by the ‘‘subsection (f)’’ each place it appears in the provisions of section 552 of title 5, United court. paragraphs (1) and (2) and inserting ‘‘sub- States Code. ‘‘(B) The court shall determine, to the full- section (e)’’; and ‘‘(3) The specific subject matter of an in- est extent practicable, the issues of fact (2) in subsection (e), as so redesignated— vestigation by any of the following for any based on sworn written submissions of the (A) in paragraph (1), by striking ‘‘sub- impropriety, or violation of law, Executive parties. section (e)(1)’’ and inserting ‘‘subsection order, or Presidential directive, in the con- ‘‘(C) When a complainant alleges that re- (d)(1)’’; and duct of an intelligence activity: quested records are improperly withheld be- (B) in paragraph (2), by striking ‘‘sub- ‘‘(A) The Select Committee on Intelligence cause of improper placement solely in ex- section (e)(2)’’ and inserting ‘‘subsection of the Senate. empted operational files, the complainant (d)(2)’’. shall support such allegation with a sworn ‘‘(B) The Permanent Select Committee on SEC. 4415. INAPPLICABILITY OF FEDERAL ADVI- Intelligence of the House of Representatives. written submission based upon personal SORY COMMITTEE ACT TO ADVISORY ‘‘(C) The Intelligence Oversight Board. knowledge or otherwise admissible evidence. COMMITTEES OF THE OFFICE OF ‘‘(D) The Department of Justice. ‘‘(D)(i) When a complainant alleges that THE DIRECTOR OF NATIONAL INTEL- ‘‘(E) The Office of the Director of National requested records were improperly withheld LIGENCE. Intelligence. because of improper exemption of oper- Section 4(b) of the Federal Advisory Com- ‘‘(F) The Office of the Inspector General of ational files, the Office of the Director of Na- mittee Act (5 U.S.C. App.) is amended— the Intelligence Community. tional Intelligence shall meet its burden (1) in paragraph (1), by striking ‘‘or’’; ‘‘(d) DECENNIAL REVIEW OF EXEMPTED under section 552(a)(4)(B) of title 5, United (2) in paragraph (2), by striking the period OPERATIONAL FILES.—(1) Not less than once States Code, by demonstrating to the court and inserting ‘‘; or’’; and every 10 years, the Director of National In- by sworn written submission that exempted (3) by adding at the end the following new telligence shall review the operational files operational files likely to contain responsive paragraph: exempted under subsection (a) to determine records currently meet the criteria set forth ‘‘(3) the Office of the Director of National whether such files, or any portion of such in subsection. Intelligence.’’. files, may be removed from the category of ‘‘(ii) The court may not order the Office of SEC. 4416. MEMBERSHIP OF THE DIRECTOR OF exempted files. the Director of National Intelligence to re- NATIONAL INTELLIGENCE ON THE ‘‘(2) The review required by paragraph (1) view the content of any exempted oper- TRANSPORTATION SECURITY OVER- shall include consideration of the historical ational file or files in order to make the SIGHT BOARD. value or other public interest in the subject demonstration required under clause (i), un- Subparagraph (F) of section 115(b)(1) of matter of the particular category of files or less the complainant disputes the Office’s title 49, United States Code, is amended to portions thereof and the potential for declas- showing with a sworn written submission read as follows: sifying a significant part of the information based on personal knowledge or otherwise ‘‘(F) The Director of National Intelligence, contained therein. admissible evidence. or the Director’s designee.’’. ‘‘(3) A complainant that alleges that Direc- ‘‘(E) In proceedings under subparagraphs SEC. 4417. APPLICABILITY OF THE PRIVACY ACT tor of National Intelligence has improperly (C) and (D), the parties may not obtain dis- TO THE DIRECTOR OF NATIONAL IN- withheld records because of failure to com- covery pursuant to rules 26 through 36 of the TELLIGENCE AND THE OFFICE OF ply with this subsection may seek judicial Federal Rules of Civil Procedure, except that THE DIRECTOR OF NATIONAL INTEL- review in the district court of the United requests for admissions may be made pursu- LIGENCE. States of the district in which any of the ant to rules 26 and 36. Subsection (j) of section 552a of title 5, parties reside, or in the District of Columbia. ‘‘(F) If the court finds under this sub- United States Code, is amended— In such a proceeding, the court’s review shall section that the Office of the Director of Na- (1) in paragraph (1), by striking ‘‘or’’ at the be limited to determining the following: tional Intelligence has improperly withheld end; ‘‘(A) Whether the Director has conducted requested records because of failure to com- (2) by redesignating paragraph (2) as para- the review required by paragraph (1) before ply with any provision of this section, the graph (3); and the expiration of the 10-year period begin- court shall order the Office to search and re- (3) by inserting after paragraph (1) the fol- ning on the date of the enactment of the In- view the appropriate exempted operational lowing new paragraph: telligence Authorization Act for Fiscal Year file or files for the requested records and ‘‘(2) maintained by the Office of the Direc- 2008 or before the expiration of the 10-year make such records, or portions thereof, tor of National Intelligence; or’’.

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Subtitle B—Central Intelligence Agency (d) ROLE OF DNI IN APPOINTMENT.—Section (3) in subclause (IV), by striking ‘‘Deputy SEC. 4421. DIRECTOR AND DEPUTY DIRECTOR OF 106(b)(2) of the National Security Act of 1947 Director for Administration’’ and inserting THE CENTRAL INTELLIGENCE AGEN- (50 U.S.C. 403–6(b)(2)) is amended by adding ‘‘Director for Support’’. CY. at the end the following new subparagraph: SEC. 4425. DIRECTOR OF NATIONAL INTEL- (a) ESTABLISHMENT OF POSITION OF DEPUTY ‘‘(J) The Deputy Director of the Central In- LIGENCE REPORT ON RETIREMENT DIRECTOR OF CENTRAL INTELLIGENCE AGEN- telligence Agency.’’. BENEFITS FOR FORMER EMPLOYEES CY.—Subsection (a) of section 104A of the Na- (e) EFFECTIVE DATE AND APPLICABILITY.— OF AIR AMERICA. tional Security Act of 1947 (50 U.S.C. 403–4a) The amendments made by this section shall (a) IN GENERAL.—Not later than 120 days is amended— take effect on the date of the enactment of after the date of the enactment of this Act, (1) by redesignating subsections (b), (c), this Act and shall apply upon the earlier of— the Director of National Intelligence shall (d), (e), (f), and (g) as subsections (d), (e), (f), (1) the date of the nomination by the Presi- submit to Congress a report on the advis- (g), (h), and (i) respectively; and dent of an individual to serve as Deputy Di- ability of providing Federal retirement bene- (2) by inserting after subsection (a) the fol- rector of the Central Intelligence Agency, fits to United States citizens for the service lowing new subsections (b) and (c): except that the individual administratively of such individuals before 1977 as employees ‘‘(b) DEPUTY DIRECTOR OF CENTRAL INTEL- performing the duties of the Deputy Director of Air America or an associated company LIGENCE AGENCY.—(1) There is a Deputy Di- of the Central Intelligence Agency as of the while such company was owned or controlled rector of the Central Intelligence Agency date of the enactment of this Act may con- by the United States Government and oper- who shall be appointed by the President, by tinue to perform such duties after such date ated or managed by the Central Intelligence and with the advice and consent of the Sen- of nomination and until the individual ap- Agency. ate. pointed to the position of Deputy Director of (b) REPORT ELEMENTS.—(1) The report re- ‘‘(2) The Deputy Director of the Central In- the Central Intelligence Agency, by and with quired by subsection (a) shall include the fol- telligence Agency shall assist the Director of the advice and consent of the Senate, as- lowing: the Central Intelligence Agency in carrying sumes the duties of such position; or (A) The history of Air America and associ- out the duties and responsibilities of the Di- (2) the date of the cessation of the perform- ated companies before 1977, including a de- rector. ance of the duties of Deputy Director of the scription of— ‘‘(3) The Deputy Director of the Central In- Central Intelligence Agency by the indi- (i) the relationship between such compa- telligence Agency shall act for, and exercise vidual administratively performing such du- nies and the Central Intelligence Agency and the powers of, the Director of the Central In- ties as of the date of the enactment of this other elements of the United States Govern- telligence Agency during the absence or dis- Act. ment; ability of the Director of the Central Intel- SEC. 4422. INAPPLICABILITY TO DIRECTOR OF (ii) the workforce of such companies; ligence Agency or during a vacancy in the THE CENTRAL INTELLIGENCE AGEN- (iii) the missions performed by such com- position of Director of the Central Intel- CY OF REQUIREMENT FOR ANNUAL panies and their employees for the United ligence Agency. REPORT ON PROGRESS IN States; and ‘‘(c) MILITARY STATUS OF DIRECTOR OF THE AUDITABLE FINANCIAL STATE- (iv) the casualties suffered by employees of CENTRAL INTELLIGENCE AGENCY AND DEPUTY MENTS. Section 114A of the National Security Act such companies in the course of their em- DIRECTOR OF CENTRAL INTELLIGENCE AGEN- ployment with such companies. CY.—(1) Not more than one of the individuals of 1947 (50 U.S.C. 404i–1) is amended by strik- ing ‘‘the Director of the Central Intelligence (B) A description of the retirement benefits serving in the positions specified in sub- contracted for or promised to the employees section (a) and (b) may be a commissioned Agency,’’. SEC. 4423. ADDITIONAL FUNCTIONS AND AU- of such companies before 1977, the contribu- officer of the Armed Forces in active status. tions made by such employees for such bene- ‘‘(2) A commissioned officer of the Armed THORITIES FOR PROTECTIVE PER- fits, the retirement benefits actually paid Forces who is serving as the Director or Dep- SONNEL OF THE CENTRAL INTEL- LIGENCE AGENCY. such employees, the entitlement of such em- uty Director of the Central Intelligence Section 5(a)(4) of the Central Intelligence ployees to the payment of future retirement Agency or is engaged in administrative per- Agency Act of 1949 (50 U.S.C. 403f(a)(4)) is benefits, and the likelihood that former em- formance of the duties of Director or Deputy amended— ployees of such companies will receive any Director of the Central Intelligence Agency (1) by inserting ‘‘(A)’’ after ‘‘(4)’’; shall not, while continuing in such service, future retirement benefits. (2) in subparagraph (A), as so designated— or in the administrative performance of such (C) An assessment of the difference be- (A) by striking ‘‘and the protection’’ and duties— tween— inserting ‘‘the protection’’; and ‘‘(A) be subject to supervision or control by (i) the retirement benefits that former em- (B) by striking the semicolon and inserting the Secretary of Defense or by any officer or ployees of such companies have received or ‘‘, and the protection of the Director of Na- employee of the Department of Defense; or will receive by virtue of their employment tional Intelligence and such personnel of the ‘‘(B) exercise, by reason of the officer’s sta- with such companies; and Office of the Director of National Intel- tus as a commissioned officer, any super- (ii) the retirement benefits that such em- ligence as the Director of National Intel- vision or control with respect to any of the ployees would have received and in the fu- ligence may designate; and’’; and military or civilian personnel of the Depart- ture receive if such employees had been, or (3) by adding at the end the following new ment of Defense except as otherwise author- would now be, treated as employees of the subparagraph: ized by law. United States whose services while in the ‘‘(3) Except as provided in subparagraph ‘‘(B) Authorize personnel engaged in the employ of such companies had been or would (A) or (B) of paragraph (2), the service, or the performance of protective functions author- now be credited as Federal service for the administrative performance of duties, de- ized pursuant to subparagraph (A), when en- purpose of Federal retirement benefits. scribed in that paragraph by an officer de- gaged in the performance of such functions, (D) Any recommendations regarding the scribed in that paragraph shall not affect the to make arrests without warrant for any of- advisability of legislative action to treat em- status, position, rank, or grade of such offi- fense against the United States committed ployment at such companies as Federal serv- cer in the Armed Forces, or any emolument, in the presence of such personnel, or for any ice for the purpose of Federal retirement perquisite, right, privilege, or benefit inci- felony cognizable under the laws of the benefits in light of the relationship between dent to or arising out of such status, posi- United States, if such personnel have reason- such companies and the United States Gov- tion, rank, or grade. able grounds to believe that the person to be ernment and the services and sacrifices of ‘‘(4) A commissioned officer described in arrested has committed or is committing such employees to and for the United States, paragraph (2), while serving, or continuing in such felony, except that any authority pur- and if legislative action is considered advis- the administrative performance of duties, as suant to this subparagraph may be exercised able, a proposal for such action and an as- described in that paragraph and while re- only in accordance with guidelines approved sessment of its costs. maining on active duty, shall continue to re- by the Director and the Attorney General (2) The Director of National Intelligence ceive military pay and allowances. Funds and such personnel may not exercise any au- shall include in the report any views of the from which such pay and allowances are paid thority for the service of civil process or for Director of the Central Intelligence Agency shall be reimbursed from funds available to the investigation of criminal offenses;’’. on the matters covered by the report that the Director of the Central Intelligence SEC. 4424. TECHNICAL AMENDMENTS RELATING the Director of the Central Intelligence Agency.’’. TO TITLES OF CERTAIN CENTRAL IN- Agency considers appropriate. (b) CONFORMING AMENDMENT.—Paragraph TELLIGENCE AGENCY POSITIONS. (c) ASSISTANCE OF COMPTROLLER GEN- (2) of subsection (e) of such section, as redes- Section 17(d)(3)(B)(ii) of the Central Intel- ERAL.—The Comptroller General of the ignated by subsection (a)(1) of this section, is ligence Agency Act of 1949 (50 U.S.C. United States shall, upon the request of the further amended by striking ‘‘subsection (d)’’ 403q(d)(3)(B)(ii)) is amended— Director of National Intelligence and in a and inserting ‘‘subsection (f)’’. (1) in subclause (I), by striking ‘‘Executive manner consistent with the protection of (c) EXECUTIVE SCHEDULE LEVEL III.—Sec- Director’’ and inserting ‘‘Associate Deputy classified information, assist the Director in tion 5314 of title 5, United States Code, is Director’’; the preparation of the report required by amended by adding at the end the following (2) in subclause (II), by striking ‘‘Deputy subsection (a). new item: Director for Operations’’ and inserting ‘‘Di- (d) FORM.—The report required by sub- ‘‘Deputy Director of the Central Intel- rector of the National Clandestine Service’’; section (a) shall be submitted in unclassified ligence Agency.’’. and form, but may include a classified annex.

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(e) DEFINITIONS.—In this section: section 8H of the Inspector General Act of curity Agency and shall discharge such func- (1) The term ‘‘Air America’’ means Air 1978 (5 U.S.C. App. 8H) is amended by adding tions and duties as are provided by this Act America, Incorporated. at the end the following new paragraph: or otherwise by law.’’. (2) The term ‘‘associated company’’ means ‘‘(3) The Inspectors General of the Defense (b) DIRECTOR OF NATIONAL GEOSPATIAL-IN- any company associated with or subsidiary Intelligence Agency, the National TELLIGENCE AGENCY.—Section 441(b) of title to Air America, including Air Asia Company Geospatial-Intelligence Agency, the National 10, United States Code, is amended— Limited and the Pacific Division of Southern Reconnaissance Office, and the National Se- (1) by redesignating paragraphs (2) and (3) Air Transport, Incorporated. curity Agency shall be designees of the In- as paragraphs (3) and (4), respectively; and Subtitle C—Defense Intelligence Components spector General of the Department of De- (2) by inserting after paragraph (1) the fol- fense for purposes of this section.’’. SEC. 4431. ENHANCEMENTS OF NATIONAL SECU- lowing new paragraph (2): (c) POWER OF HEADS OF ELEMENTS OVER IN- RITY AGENCY TRAINING PROGRAM. ‘‘(2) The Director of the National VESTIGATIONS.—Subsection (d) of section 8G (a) TERMINATION OF EMPLOYEES.—Sub- Geospatial Intelligence Agency shall be ap- of that Act— section (d)(1)(C) of section 16 of the National pointed by the President, by and with the ad- (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; Security Agency Act of 1959 (50 U.S.C. 402 vice and consent of the Senate.’’. (2) in the second sentence of paragraph (1), note) is amended by striking ‘‘terminated ei- (c) DIRECTOR OF NATIONAL RECONNAISSANCE as designated by paragraph (1) of this sub- ther by’’ and all that follows and inserting OFFICE.—The Director of the National Re- section, by striking ‘‘The head’’ and insert- ‘‘terminated— connaissance Office shall be appointed by the ing ‘‘Except as provided in paragraph (2), the ‘‘(i) by the Agency due to misconduct by President, by and with the advice and con- head’’; and the employee; sent of the Senate. (3) by adding at the end the following new ‘‘(ii) by the employee voluntarily; or (d) POSITIONS OF IMPORTANCE AND RESPON- paragraph: ‘‘(iii) by the Agency for the failure of the SIBILITY.— ‘‘(2)(A) The Director of National Intel- (1) DESIGNATION OF POSITIONS.—The Presi- employee to maintain such level of academic ligence or the Secretary of Defense may pro- standing in the educational course of train- dent may designate any of the positions re- hibit the Inspector General of an element of ferred to in paragraph (2) as positions of im- ing as the Director of the National Security the intelligence community specified in sub- Agency shall have specified in the agreement portance and responsibility under section 601 paragraph (D) from initiating, carrying out, of title 10, United States Code. of the employee under this subsection; and’’. or completing any audit or investigation if (b) AUTHORITY TO WITHHOLD DISCLOSURE OF (2) COVERED POSITIONS.—The positions re- the Director or the Secretary, as the case AFFILIATION WITH NSA.—Subsection (e) of ferred to in this paragraph are as follows: may be, determines that the prohibition is such section is amended by striking ‘‘(1) (A) The Director of the National Security necessary to protect vital national security When an employee’’ and all that follows Agency. interests of the United States. (B) The Director of the National through ‘‘(2) Agency efforts’’ and inserting ‘‘(B) If the Director or the Secretary exer- Geospatial-Intelligence Agency. ‘‘Agency efforts’’. cises the authority under subparagraph (A), (C) The Director of the National Recon- SEC. 4432. CODIFICATION OF AUTHORITIES OF the Director or the Secretary, as the case naissance Office. NATIONAL SECURITY AGENCY PRO- may be, shall submit to the committees of TECTIVE PERSONNEL. (e) EFFECTIVE DATE AND APPLICABILITY.— Congress specified in subparagraph (E) an ap- The National Security Agency Act of 1959 (1) IN GENERAL.—The amendments made by propriately classified statement of the rea- (50 U.S.C. 402 note) is amended by adding at subsections (a) and (b), and subsection (c), sons for the exercise of the authority not the end the following new section: shall take effect on the date of the enact- later than seven days after the exercise of ‘‘SEC. 21. (a) The Director is authorized to ment of this Act and shall apply upon the designate personnel of the Agency to per- the authority. ‘‘(C) At the same time the Director or the earlier of— form protective functions for the Director Secretary submits under subparagraph (B) a (A) the date of the nomination by the and for any personnel of the Agency des- statement on the exercise of the authority in President of an individual to serve in the po- ignated by the Director. subparagraph (A) to the committees of Con- sition concerned, except that the individual ‘‘(b)(1) In the performance of protective gress specified in subparagraph (E), the Di- serving in such position as of the date of the functions under this section, personnel of the rector or the Secretary, as the case may be, enactment of this Act may continue to per- Agency designated to perform protective shall notify the Inspector General of such form such duties after such date of nomina- functions pursuant to subsection (a) are au- element of the submittal of such statement tion and until the individual appointed to thorized, when engaged in the performance and, to the extent consistent with the pro- such position, by and with the advice and of such functions, to make arrests without a tection of intelligence sources and methods, consent of the Senate, assumes the duties of warrant for— provide the Inspector General with a copy of such position; or ‘‘(A) any offense against the United States such statement. The Inspector General may (B) the date of the cessation of the per- committed in the presence of such personnel; submit to such committees of Congress any formance of the duties of such position by or comments on a notice or statement received the individual performing such duties as of ‘‘(B) any felony cognizable under the laws by the Inspector General under this subpara- the date of the enactment of this Act. of the United States if such personnel have graph that the Inspector General considers (2) POSITIONS OF IMPORTANCE AND RESPONSI- reasonable grounds to believe that the per- appropriate. BILITY.—Subsection (d) shall take effect on son to be arrested has committed or is com- ‘‘(D) The elements of the intelligence com- the date of the enactment of this Act. mitting such felony. munity specified in this subparagraph are as SEC. 4435. CLARIFICATION OF NATIONAL SECU- ‘‘(2) The authority in paragraph (1) may be follows: RITY MISSIONS OF NATIONAL exercised only in accordance with guidelines ‘‘(i) The Defense Intelligence Agency. GEOSPATIAL-INTELLIGENCE AGEN- approved by the Director and the Attorney ‘‘(ii) The National Geospatial-Intelligence CY FOR ANALYSIS AND DISSEMINA- General. Agency. TION OF CERTAIN INTELLIGENCE ‘‘(3) Personnel of the Agency designated to INFORMATION. ‘‘(iii) The National Reconnaissance Office. perform protective functions pursuant to Section 442(a) of title 10, United States ‘‘(iv) The National Security Agency. subsection (a) shall not exercise any author- ‘‘(E) The committees of Congress specified Code, is amended— ity for the service of civil process or the in- in this subparagraph are— (1) by redesignating paragraph (2) as para- vestigation of criminal offenses. ‘‘(i) the Committee on Armed Services and graph (3); ‘‘(c) Nothing in this section shall be con- the Select Committee on Intelligence of the (2) by inserting after paragraph (1) the fol- strued to impair or otherwise affect any au- Senate; and lowing new paragraph (2): thority under any other provision of law re- ‘‘(2)(A) As directed by the Director of Na- ‘‘(ii) the Committee on Armed Services and lating to the performance of protective func- tional Intelligence, the National Geospatial- the Permanent Select Committee on Intel- tions.’’. Intelligence Agency shall also develop a sys- ligence of the House of Representatives.’’. SEC. 4433. INSPECTOR GENERAL MATTERS. tem to facilitate the analysis, dissemination, SEC. 4434. CONFIRMATION OF APPOINTMENT OF and incorporation of likenesses, videos, and (a) COVERAGE UNDER INSPECTOR GENERAL HEADS OF CERTAIN COMPONENTS ACT OF 1978.—Subsection (a)(2) of section 8G OF THE INTELLIGENCE COMMUNITY. presentations produced by ground-based of the Inspector General Act of 1978 (5 U.S.C. (a) DIRECTOR OF NATIONAL SECURITY AGEN- platforms, including handheld or clandestine App. 8G) is amended— CY.—The National Security Agency Act of photography taken by or on behalf of human (1) by inserting ‘‘the Defense Intelligence 1959 (50 U.S.C. 402 note) is amended by insert- intelligence collection organizations or Agency,’’ after ‘‘the Corporation for Public ing after the first section the following new available as open-source information, into Broadcasting,’’; section: the National System for Geospatial Intel- (2) by inserting ‘‘the National Geospatial- ‘‘SEC. 2. (a) There is a Director of the Na- ligence. Intelligence Agency,’’ after ‘‘the National tional Security Agency. ‘‘(B) The authority provided by this para- Endowment for the Arts,’’; and ‘‘(b) The Director of the National Security graph does not include the authority to man- (3) by inserting ‘‘the National Reconnais- Agency shall be appointed by the President, age or direct the tasking of, set require- sance Office, the National Security Agency,’’ by and with the advice and consent of the ments and priorities for, set technical re- after ‘‘the National Labor Relations Board,’’. Senate. quirements related to, or modify any classi- (b) CERTAIN DESIGNATIONS UNDER INSPEC- ‘‘(c) The Director of the National Security fication or dissemination limitations related TOR GENERAL ACT OF 1978.—Subsection (a) of Agency shall be the head of the National Se- to the collection of, handheld or clandestine

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11897 photography taken by or on behalf of human (1) in subsection (c)(3)(A), by striking ‘‘an- ing ‘‘Director of the Central Intelligence intelligence collection organizations.’’; and nual budgets for the Joint Military Intel- Agency’’. (3) in paragraph (3), as so redesignated, by ligence Program and for Tactical Intel- SEC. 4505. TECHNICAL AMENDMENT TO THE CEN- striking ‘‘paragraph (1)’’ and inserting ligence and Related Activities’’ and insert- TRAL INTELLIGENCE AGENCY ACT ‘‘paragraphs (1) and (2)’’. ing ‘‘annual budget for the Military Intel- OF 1949. SEC. 4436. SECURITY CLEARANCES IN THE NA- ligence Program or any successor program or Section 5(a)(1) of the Central Intelligence TIONAL GEOSPATIAL-INTELLIGENCE programs’’; and Agency Act of 1949 (50 U.S.C. 403f(a)(1)) is AGENCY. (2) in subsection (d)(1)(B), by striking amended by striking ‘‘authorized under para- The Secretary of Defense shall, during the ‘‘Joint Military Intelligence Program’’ and graphs (2) and (3) of section 102(a), sub- period beginning on the date of the enact- inserting ‘‘Military Intelligence Program or sections (c)(7) and (d) of section 103, sub- ment of this Act and ending on December 31, any successor program or programs’’. sections (a) and (g) of section 104, and section 2008, delegate to the Director of the National SEC. 4503. TECHNICAL AMENDMENTS TO THE IN- 303 of the National Security Act of 1947 (50 Geospatial-Intelligence Agency personnel se- TELLIGENCE REFORM AND TER- U.S.C. 403(a)(2), (3), 403–3(c)(7), (d), 403–4(a), curity authority with respect to the Na- RORISM PREVENTION ACT OF 2004. (g), and 405)’’ and inserting ‘‘authorized tional Geospatial-Intelligence Agency (in- (a) AMENDMENTS TO NATIONAL SECURITY IN- under section 104A of the National Security cluding authority relating to the use of con- TELLIGENCE REFORM ACT OF 2004.—The Na- Act of 1947 (50 U.S.C. 403–4a).’’. tractor personnel in investigations and adju- tional Security Intelligence Reform Act of SEC. 4506. TECHNICAL AMENDMENTS RELATING dications for security clearances) that is 2004 (title I of Public Law 108–458) is further TO THE MULTIYEAR NATIONAL IN- identical to the personnel security authority amended as follows: TELLIGENCE PROGRAM. of the Director of the National Security (1) In section 1016(e)(10)(B) (6 U.S.C. (a) IN GENERAL.—Subsection (a) of section Agency with respect to the National Secu- 458(e)(10)(B)), by striking ‘‘Attorney Gen- 1403 of the National Defense Authorization rity Agency. eral’’ the second place it appears and insert- Act for Fiscal Year 1991 (50 U.S.C. 404b) is Subtitle D—Other Elements ing ‘‘Department of Justice’’. amended— SEC. 4441. CLARIFICATION OF INCLUSION OF (2) In section 1061 (5 U.S.C. 601 note)— (1) in the subsection caption, by striking COAST GUARD AND DRUG ENFORCE- (A) in subsection (d)(4)(A), by striking ‘‘Na- ‘‘FOREIGN’’; and MENT ADMINISTRATION AS ELE- tional Intelligence Director’’ and inserting (2) by striking ‘‘foreign’’ each place it ap- MENTS OF THE INTELLIGENCE COM- pears. MUNITY. ‘‘Director of National Intelligence’’; and (B) in subsection (h), by striking ‘‘National (b) RESPONSIBILITY OF DNI.—That section Section 3(4) of the National Security Act of is further amended— 1947 (50 U.S.C. 401a(4)) is amended— Intelligence Director’’ and inserting ‘‘Direc- tor of National Intelligence’’. (1) in subsections (a) and (c), by striking (1) in subparagraph (H)— ‘‘Director of Central Intelligence’’ and in- (A) by inserting ‘‘the Coast Guard,’’ after (3) In section 1071(e), by striking ‘‘(1)’’. serting ‘‘Director of National Intelligence’’; ‘‘the Marine Corps,’’; and (4) In section 1072(b), by inserting ‘‘AGEN- and (B) by inserting ‘‘the Drug Enforcement CY’’ after ‘‘INTELLIGENCE’’. (2) in subsection (b), by inserting ‘‘of Na- Administration,’’ after ‘‘the Federal Bureau (b) OTHER AMENDMENTS TO INTELLIGENCE tional Intelligence’’ after ‘‘Director’’. of Investigation,’’; and REFORM AND TERRORISM PREVENTION ACT OF 2004.—The Intelligence Reform and Ter- (c) CONFORMING AMENDMENT.—The heading (2) in subparagraph (K), by striking ‘‘, in- of that section is amended to read as follows: cluding the Office of Intelligence of the rorism Prevention Act of 2004 (Public Law Coast Guard’’. 108–458) is amended as follows: ‘‘SEC. 1403. MULTIYEAR NATIONAL INTEL- (1) In section 2001 (28 U.S.C. 532 note)— LIGENCE PROGRAM.’’. SEC. 4442. CLARIFYING AMENDMENTS RELATING SEC. 4507. TECHNICAL AMENDMENTS TO THE EX- TO SECTION 105 OF THE INTEL- (A) in subsection (c)(1), by inserting ‘‘of’’ ECUTIVE SCHEDULE. LIGENCE AUTHORIZATION ACT FOR before ‘‘an institutional culture’’; (a) EXECUTIVE SCHEDULE LEVEL II.—Sec- FISCAL YEAR 2004. (B) in subsection (e)(2), by striking ‘‘the tion 5313 of title 5, United States Code, is Section 105(b) of the Intelligence Author- National Intelligence Director in a manner amended by striking the item relating to the ization Act for Fiscal Year 2004 (Public Law consistent with section 112(e)’’ and inserting Director of Central Intelligence and insert- 108–177; 117 Stat. 2603; 31 U.S.C. 311 note) is ‘‘the Director of National Intelligence in a ing the following new item: amended— manner consistent with applicable law’’; and ‘‘Director of the Central Intelligence Agen- (1) by striking ‘‘Director of Central Intel- (C) in subsection (f), by striking ‘‘shall,’’ in cy.’’. ligence’’ and inserting ‘‘Director of National the matter preceding paragraph (1) and in- (b) EXECUTIVE SCHEDULE LEVEL III.—Sec- Intelligence’’; and serting ‘‘shall’’. tion 5314 of title 5, United States Code, is (2) by inserting ‘‘or in section 313 of such (2) In section 2006 (28 U.S.C. 509 note)— amended by striking the item relating to the title,’’ after ‘‘subsection (a)),’’. (A) in paragraph (2), by striking ‘‘the Fed- Deputy Directors of Central Intelligence. TITLE XLV—OTHER MATTERS eral’’ and inserting ‘‘Federal’’; and (c) EXECUTIVE SCHEDULE LEVEL IV.—Sec- SEC. 4501. TECHNICAL AMENDMENTS TO THE NA- (B) in paragraph (3), by striking ‘‘the spe- tion 5315 of title 5, United States Code, is TIONAL SECURITY ACT OF 1947. cific’’ and inserting ‘‘specific’’. amended by striking the item relating to the The National Security Act of 1947 (50 SEC. 4504. TECHNICAL AMENDMENTS TO TITLE General Counsel of the Office of the National U.S.C. 401 et seq.) is amended as follows: 10, UNITED STATES CODE, ARISING Intelligence Director and inserting the fol- (1) In section 102A (50 U.S.C. 403–1)— FROM ENACTMENT OF THE INTEL- lowing new item: (A) in subsection (c)(7)(A), by striking LIGENCE REFORM AND TERRORISM ‘‘General Counsel of the Office of the Di- PREVENTION ACT OF 2004. ‘‘section’’ and inserting ‘‘subsection’’; rector of National Intelligence.’’. (a) REFERENCES TO HEAD OF INTELLIGENCE (B) in subsection (d)— SEC. 4508. TECHNICAL AMENDMENTS RELATING COMMUNITY.—Title 10, United States Code, is (i) in paragraph (3), by striking ‘‘subpara- TO REDESIGNATION OF THE NA- graph (A)’’ in the matter preceding subpara- amended by striking ‘‘Director of Central In- TIONAL IMAGERY AND MAPPING graph (A) and inserting ‘‘paragraph (1)(A)’’; telligence’’ each place it appears in a provi- AGENCY AS THE NATIONAL (ii) in paragraph (5)(A), by striking ‘‘or per- sion as follows and inserting ‘‘Director of GEOSPATIAL-INTELLIGENCE AGEN- sonnel’’ in the matter preceding clause (i); National Intelligence’’: CY. and (1) Section 193(d)(2). (a) TITLE 5, UNITED STATES CODE.—(1) Title (iii) in paragraph (5)(B), by striking ‘‘or (2) Section 193(e). 5, United States Code, is amended by strik- agency involved’’ in the second sentence and (3) Section 201(a). ing ‘‘National Imagery and Mapping Agen- inserting ‘‘involved or the Director of the (4) Section 201(b)(1). cy’’ each place it appears in a provision as Central Intelligence Agency (in the case of (5) Section 201(c)(1). follows and inserting ‘‘National Geospatial- the Central Intelligence Agency)’’; (6) Section 425(a). Intelligence Agency’’: (C) in subsection (l)(2)(B), by striking ‘‘sec- (7) Section 431(b)(1). (A) Section 2302(a)(2)(C)(ii). tion’’ and inserting ‘‘paragraph’’; and (8) Section 441(c). (B) Section 3132(a)(1)(B). (D) in subsection (n), by inserting ‘‘AND (9) Section 441(d). (C) Section 4301(1) (in clause (ii)). OTHER’’ after ‘‘ACQUISITION’’. (10) Section 443(d). (D) Section 4701(a)(1)(B). (2) In section 119(c)(2)(B) (50 U.S.C. (11) Section 2273(b)(1). (E) Section 5102(a)(1) (in clause (x)). 404o(c)(2)(B)), by striking ‘‘subsection (h)’’ (12) Section 2723(a). (F) Section 5342(a)(1) (in clause (K)). and inserting ‘‘subsection (i)’’. (b) CLERICAL AMENDMENTS.—Such title is (G) Section 6339(a)(1)(E). (3) In section 705(e)(2)(D)(i) (50 U.S.C. further amended by striking ‘‘DIRECTOR OF (H) Section 7323(b)(2)(B)(i)((XIII). 432c(e)(2)(D)(i)), by striking ‘‘responsible’’ CENTRAL INTELLIGENCE’’ each place it ap- (2) Section 6339(a)(2)(E) of such title is and inserting ‘‘responsive’’. pears in a provision as follows and inserting amended by striking ‘‘National Imagery and ‘‘DIRECTOR OF NATIONAL INTELLIGENCE’’: Mapping Agency, the Director of the Na- SEC. 4502. TECHNICAL CLARIFICATION OF CER- TAIN REFERENCES TO JOINT MILI- (1) Section 441(c). tional Imagery and Mapping Agency’’ and in- TARY INTELLIGENCE PROGRAM AND (2) Section 443(d). serting ‘‘National Geospatial-Intelligence TACTICAL INTELLIGENCE AND RE- (c) REFERENCE TO HEAD OF CENTRAL INTEL- Agency, the Director of the National LATED ACTIVITIES. LIGENCE AGENCY.—Section 444 of such title is Geospatial-Intelligence Agency’’. Section 102A of the National Security Act amended by striking ‘‘Director of Central In- (b) TITLE 44, UNITED STATES CODE.—(1)(A) of 1947 (50 U.S.C. 403–1) is amended— telligence’’ each place it appears and insert- Section 1336 of title 44, United States Code,

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11898 CONGRESSIONAL RECORD — SENATE September 20, 2007 is amended by striking ‘‘National Imagery SEC. 1070. SECRET SERVICE PROTECTION FOR (1) Inspection of— and Mapping Agency’’ both places it appears FOREIGN OFFICIALS FROM COUN- (A) units described in subsection (a) in and inserting ‘‘National Geospatial-Intel- TRIES DESIGNATED AS STATE SPON- order to determine their readiness and abil- ligence Agency’’. SORS OF TERRORISM. ity to carry out peace operations; and Section 3056 of title 18, United States Code, (B) The heading of such section is amended (B) the equipment depots to be used by is amended by adding at the end the fol- to read as follows: such units in deployments for peace oper- lowing: ‘‘§ 1336. National Geospatial-Intelligence ‘‘(h) Nothing in this section or section ations. Agency: special publications’’. 3056A may be construed to authorize the (2) Identification of the training and equip- ping shortfalls, if any, of the units described (2) The table of sections at the beginning of United States Secret Service to provide pro- in subsection (a). chapter 13 of such title is amended by strik- tection for a visiting head of a foreign state (3) Provision of additional training to the ing the item relating to section 1336 and in- or foreign government or for a foreign gov- units described in subsection (a), if required, serting the following new item: ernment official from a country the Depart- ment of State has designated as a state spon- in order to ensure that such units can carry ‘‘1336. National Geospatial-Intelligence out peace operations. Agency: special publications.’’. sor of terrorism during a visit to the site of a terrorist attack within the United (4) Provision of equipment for units de- (c) HOMELAND SECURITY ACT OF 2002.—Sec- States.’’. scribed in subsection (a), if required, pending tion 201(f)(2)(E) of the Homeland Security deployment for a peace operation. Act of 2002 (6 U.S.C. 121(f)(2)(E)) is amended SA 2987. Mr. BROWNBACK submitted (5) Assistance in addressing deficiencies in by striking ‘‘National Imagery and Mapping personnel with specialized skills of units de- Agency’’ and inserting ‘‘National Geospatial- an amendment intended to be proposed to amendment SA 2011 proposed by Mr. scribed in subsection (a) or in headquarters Intelligence Agency’’. staffs of such units. NELSON of Nebraska (for Mr. LEVIN) to (d) INSPECTOR GENERAL ACT OF 1978.—Sec- (6) Facilitation of the deployment of units tion 8H of the Inspector General Act of 1978 the bill H.R. 1585, to authorize appro- described in subsection (a), if required, for (5 U.S.C. App.) is amended by striking ‘‘Na- priations for fiscal year 2008 for mili- missions under a peace operation. tional Imagery and Mapping Agency’’ each tary activities of the Department of (d) FORMULATION OF ASSISTANCE.—The Sec- place it appears and inserting ‘‘National Defense, for military construction, and retary of Defense and the Secretary of State Geospatial-Intelligence Agency’’. for defense activities of the Depart- shall jointly formulate the provision of as- (e) ETHICS IN GOVERNMENT ACT OF 1978.— ment of Energy, to prescribe military sistance under subsection (a). Section 105(a)(1) of the Ethics in Government personnel strengths for such fiscal (e) NOTICE ON USE OF AUTHORITY.— Act of 1978 (5 U.S.C. App.) is amended by (1) REQUIREMENT FOR NOTICE.—Whenever striking ‘‘National Imagery and Mapping year, and for other purposes; which was the Secretary of Defense exercises the au- Agency’’ and inserting ‘‘National Geospatial- ordered to lie on the table; as follows: thority under subsection (a) by taking the Intelligence Agency’’. At the end of subtitle E of title X, add the action described in subsection (b), the Sec- (f) OTHER ACTS.— following: retary shall notify the committees of Con- (1) Section 7(b)(2)(A)(i) of the Employee SEC. 1070. SECRET SERVICE PROTECTION FOR gress specified in paragraph (3) not later Polygraph Protection Act of 1988 (29 U.S.C. FOREIGN OFFICIALS FROM COUN- than 15 days before the exercise of the au- 2006(b)(2)(A)(i)) is amended by striking ‘‘Na- TRIES DESIGNATED AS STATE SPON- thority. Any such notification shall be pre- tional Imagery and Mapping Agency’’ and in- SORS OF TERRORISM. pared in coordination with the Secretary of serting ‘‘National Geospatial-Intelligence It is the sense of Congress that the author- State. ization under sections 3056 and 3056A of title Agency’’. (2) ELEMENTS OF NOTICE.—Any notification 18, United States Code, for the United States (2) Section 207(a)(2)(B) of the Legislative under paragraph (1) on the exercise of au- Secret Service to provide protection for a Branch Appropriations Act, 1993 (44 U.S.C. thority shall include— visiting head of a foreign state or foreign 501 note) is amended by striking ‘‘National (A) a description of the country and unit or government or for a foreign government offi- Imagery and Mapping Agency’’ and inserting units to be provided assistance; cial does not include providing protection for ‘‘National Geospatial-Intelligence Agency’’. (B) a description of the type of assistance a visit to the site of a terrorist attack within to be provided; and SEC. 4509. OTHER TECHNICAL AMENDMENTS RE- the United States by a visiting head of a for- LATING TO RESPONSIBILITY OF THE (C) a statement of the amount of funding eign state or foreign government or a foreign DIRECTOR OF NATIONAL INTEL- to be provided for each country and for each government official from a country the De- LIGENCE AS HEAD OF THE INTEL- type of assistance. LIGENCE COMMUNITY. partment of State has designated as a state (3) COMMITTEES OF CONGRESS.—The com- sponsor of terrorism. (a) IN GENERAL.— mittees of Congress specified in this sub- (1) The Public Interest Declassification section are the following: Act of 2000 (50 U.S.C. 435 note) is amended by SA 2988. Mr. LEVIN submitted an amendment intended to be proposed to (A) The Committee on Armed Services and striking ‘‘Director of Central Intelligence’’ the Committee on Foreign Relations of the each place it appears in a provision as fol- amendment SA 2011 proposed by Mr. Senate. lows and inserting ‘‘Director of National In- NELSON of Nebraska (for Mr. LEVIN) to (B) The Committee on Armed Services and telligence’’: the bill H.R. 1585, to authorize appro- the Committee on Foreign Affairs of the (A) Section 704(c)(2)(B). priations for fiscal year 2008 for mili- House of Representatives. (B) Section 706(b)(2). tary activities of the Department of (f) RESPECT FOR HUMAN RIGHTS.—Assist- (C) Section 706(e)(2)(B). Defense, for military construction, and ance may not be provided under subsection (2) Section 705(c) of such Act is amended by (a) to a unit of forces unless the Secretary of striking ‘‘the Director of Central Intel- for defense activities of the Depart- Defense and the Secretary of State jointly ligence, as head of the intelligence commu- ment of Energy, to prescribe military determine that the unit and its personnel nity,’’ and inserting ‘‘the Director of Na- personnel strengths for such fiscal maintain a record on human rights that tional Intelligence’’. year, and for other purposes; which was meets requirements of the following: (b) CONFORMING AMENDMENT.—The heading ordered to lie on the table; as follows: (1) Section 8060 of the Department of De- of section 705(c) of such Act is amended by At the end of subtitle A of title XII, add fense Appropriations Act, 2007 (Public Law striking ‘‘DIRECTOR OF CENTRAL INTEL- the following: 109–289; 120 Stat. 1287). LIGENCE IRECTOR OF A ’’ and inserting ‘‘D N - SEC. 1204. ASSISTANCE FOR GLOBAL PEACE OP- (2) Section 551 of the Foreign Operations, TIONAL INTELLIGENCE’’. ERATIONS INITIATIVE PARTNER Export Financing, and Related Programs Ap- COUNTRIES DEPLOYING FOR PEACE propriations Act, 2006 (Public Law 109–102; SA 2986. Mr. BROWNBACK submitted OPERATIONS. 119 Stat. 2218). an amendment intended to be proposed (a) IN GENERAL.—During fiscal years 2008 (g) APPLICABLE LAW.—Any services, de- to amendment SA 2011 proposed by Mr. and 2009, the Secretary of Defense may, with fense articles, or funds provided under this the concurrence of the Secretary of State, section shall be subject to the authorities NELSON of Nebraska (for Mr. LEVIN) to provide assistance to foreign countries that and limitations in the Foreign Assistance the bill H.R. 1585, to authorize appro- have committed to deploying units trained Act of 1961, the Arms Export Control Act, priations for fiscal year 2008 for mili- by the United States or its partners under and any Acts making appropriations to carry tary activities of the Department of the Global Peace Operations Initiative out such Acts. Defense, for military construction, and (GPOI) to peace operations. (h) ACCOUNTING FOR ASSISTANCE.— for defense activities of the Depart- (b) SELECTION OF COUNTRIES.—The Sec- (1) IN GENERAL.—The Secretary of Defense ment of Energy, to prescribe military retary of Defense and the Secretary of State and the Secretary of State shall jointly de- personnel strengths for such fiscal shall jointly select the countries described in velop and maintain a system for maintaining a full accounting of the assistance provided year, and for other purposes; which was subsection (a) for which assistance may be provided under that subsection. under subsection (a). ordered to lie on the table; as follows: (c) TYPES OF ASSISTANCE.—The assistance (2) ELEMENTS.—The accounting required At the end of subtitle E of title X, add the provided under subsection (a) may include under paragraph (1) shall include the fol- following: only the following: lowing:

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11899 (A) For any assistance so provided— notice of the proposed removal to the Com- (2) Secondary priority under the program (i) the foreign country provided such as- mittee on Foreign Affairs of the House of shall be afforded to studies that identify ob- sistance; Representatives and to the Committee on jective markers for such complex of symp- (ii) the period during which such assistance Foreign Relations and the Committee on toms and biological mechanisms underlying is provided; Armed Services of the Senate in accordance such complex of symptoms that can lead to (iii) the type of assistance provided; and with the procedures applicable to reprogram- the identification and development of such (iv) when applicable, the specific units pro- ming notifications under section 634A(a) of markers and treatments. vided such assistance. the Foreign Assistance Act of 1961 (22 U.S.C. (3) No study shall be funded under the pro- (B) For each foreign country provided such 2394–1). Such notice shall describe the nature gram that is based on psychiatric illness and assistance, a description (updated on an on- of any controls to be imposed on that item psychological stress as the central cause of going basis) of the peace operations being under any other provision of law. such complex of symptoms (as is consistent conducted by the country, including a sepa- (e) DEFINITIONS.—In this section: with current research findings). rate description (so updated) of peace oper- (1) DEFENSE ARTICLE.—The term ‘‘defense (d) PROGRAM.—The program shall be con- ations being conducted by each unit of the article’’ has the meaning given the term in ducted— country conducting such operations. section 644(d) of the Foreign Assistance Act (1) using competitive selection and peer re- (i) FUNDING.—Of the amount authorized to of 1961 (22 U.S.C. 2403)(d)). view for the identification of activities hav- be appropriated by section 301 for operation (2) SMALL ARMS.—The term ‘‘small arms’’ ing the most substantial scientific merit, and maintenance for the Department of De- means— utilizing individuals with recognized exper- fense, $100,000,000 may be available in fiscal (A) handguns; tise in Gulf War illnesses in the design of the year 2008 for the provision of assistance (B) shoulder-fired weapons; solicitation and in the scientific and pro- under subsection (a). (C) light automatic weapons up to and in- grammatic review processes; cluding .50 caliber machine guns; SA 2989. Mr. DORGAN (for himself (D) recoilless rifles up to and including SA 2991. Mr. CARDIN submitted an amendment intended to be proposed by and Mr. DODD) submitted an amend- 106mm; ment intended to be proposed by him (E) mortars up to and including 81mm; him to the bill H.R. 1585, to authorize (F) rocket launchers, man-portable; appropriations for fiscal year 2008 for to the bill H.R. 1585, to authorize ap- (G) grenade launchers, rifle and shoulder military activities of the Department propriations for fiscal year 2008 for fired; and of Defense, for military construction, military activities of the Department (H) individually operated weapons which and for defense activities of the De- of Defense, for military construction, are portable or can be fired without special partment of Energy, to prescribe mili- and for defense activities of the De- mounts or firing devices and which have po- tential use in civil disturbances and are vul- tary personnel strengths for such fiscal partment of Energy, to prescribe mili- year, and for other purposes; which was tary personnel strengths for such fiscal nerable to theft. (f) EFFECTIVE DATE.—This section shall ordered to lie on the table; as follows: year, and for other purposes; which was take effect 90 days after the date of the en- At the end of title XII, add the following: ordered to lie on the table; as follows: actment of this Act, unless the President SEC. 1234. REPORTS ON PREVENTION OF MASS At the end of title XV, add the following: certifies in writing to Congress that it is in ATROCITIES. SEC. 1535. TRACKING AND MONITORING OF DE- the vital interest of the United States to (a) DEPARTMENT OF STATE REPORT.— FENSE ARTICLES PROVIDED TO THE delay the effective date of this section by an (1) REPORT REQUIRED.—Not later than 120 GOVERNMENT OF IRAQ AND OTHER additional period of up to 90 days, including days after the date of the enactment of this INDIVIDUALS AND GROUPS IN IRAQ. an explanation of such vital interest, in Act, the Secretary of State shall submit to (a) EXPORT AND TRANSFER CONTROL POL- which case the section shall take effect on the congressional defense committees, the ICY.—The President, in coordination with the such later effective date. Committee on Foreign Relations of the Sen- Secretary of State and the Secretary of De- ate, and the Committee on Foreign Affairs of fense, shall implement a policy to control SA 2990. Mr. SANDERS submitted an the House of Representatives a report assess- the export and transfer of defense articles amendment intended to be proposed by ing the capability of the Department of into Iraq, including implementation of the him to the bill H.R. 1585, to authorize State to provide training and guidance to registration and monitoring system under appropriations for fiscal year 2008 for the command of an international interven- subsection (c). military activities of the Department tion force that seeks to prevent mass atroc- (b) REQUIREMENT TO IMPLEMENT CONTROL of Defense, for military construction, ities. SYSTEM.—Notwithstanding any other provi- (2) CONTENT.—The report required under sion of law, no defense articles may be pro- and for defense activities of the De- paragraph (1) shall include the following: vided to the Government of Iraq or any other partment of Energy, to prescribe mili- (A) An evaluation of any doctrine cur- group, organization, citizen, or resident of tary personnel strengths for such fiscal rently used by the Secretary of State to pre- Iraq until the Secretary of State certifies year, and for other purposes; which was pare for the training and guidance of the that a registration and monitoring system ordered to lie on the table; as follows: command of an international intervention meeting the requirements set forth in sub- At the end of subtitle B of title II, add the force. section (c) has been established. following: (B) An assessment of the role played by the (c) REGISTRATION AND MONITORING SYS- SEC. 214. GULF WAR ILLNESSES RESEARCH. United States in developing the ‘‘responsi- TEM.—The registration and monitoring sys- (a) FUNDING.—Of the amount authorized to bility to protect’’ doctrine described in para- tem required under this section shall in- be appropriated by section 201(1) for re- graphs 138 through 140 of the outcome docu- clude— search, development, test, and evaluation for ment of the High-level Plenary Meeting of (1) the registration of the serial numbers of Army and available for Medical Advanced the General Assembly adopted by the United all small arms provided to the Government Technology, $15,000,000 shall be available for Nations in September 2005, and an update on of Iraq or to other groups, organizations, the Army Medical Research and Materiel actions taken by the United States Mission citizens, or residents of Iraq; Command to carry out, as part of its Medical to the United Nations to discuss, promote, (2) a program of enhanced end-use moni- Research Program required by Congress, a and implement such doctrine. toring of all lethal defense articles provided program for Gulf War Illnesses Research. (C) An assessment of the potential capa- to such entities or individuals; and (b) PURPOSE.—The purpose of the program bility of the Department of State and other (3) a detailed record of the origin, shipping, shall be to develop diagnostic markers and Federal departments and agencies to support and distribution of all defense articles trans- treatments for the complex of symptoms the development of new doctrines for the ferred under the Iraq Security Forces Fund commonly known as ‘‘Gulf War Illnesses training and guidance of an international or any other security assistance program to (GWI)’’, including widespread pain, cognitive intervention force in keeping with the ‘‘re- such entities or individuals in Iraq. impairment, and persistent fatigue in con- sponsibility to protect’’ doctrine. (d) REVIEW.—The President shall periodi- junction with diverse other symptoms and (D) Recommendations as to the steps nec- cally review the items subject to the reg- abnormalities, that are associated with serv- essary to allow the Secretary of State to istration and monitoring requirements under ice in the Southwest Asia theater of oper- provide more effective training and guidance subsection (c) to determine what items, if ations in the early 1990s during the Persian to an international intervention force. any, no longer warrant export controls under Gulf War. (b) DEPARTMENT OF DEFENSE REPORT.— such subsection. The results of such reviews (c) PROGRAM ACTIVITIES.— (1) REPORT REQUIRED.—Not later than 120 shall be reported to the Speaker of the House (1) Highest priority under the program days after the date of the enactment of this of Representatives and to the Committee on shall be afforded to pilot and observational Act, the Secretary of Defense shall submit to Foreign Relations, the Committee on Armed studies of treatments for the complex of the congressional defense committees, the Services, and the Committee on Banking, symptoms described in subsection (b) and Committee on Foreign Relations of the Sen- Housing, and Urban Affairs of the Senate. comprehensive clinical trials of such treat- ate, and the Committee on Foreign Affairs of The President may not exempt any item ments that have demonstrated effectiveness the House of Representatives a report assess- from such requirements until 30 days after in previous past pilot and observational ing the capability of the Department of De- the date on which the President has provided studies. fense to provide training and guidance to the

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command of an international intervention that term in section 5302(3) of title 5, United (b) AUTHORIZATION OF APPROPRIATIONS FOR force that seeks to prevent mass atrocities. States Code. CENTRAL INTELLIGENCE AGENCY.—There is (2) CONTENT.—The report required under ‘‘(3) Except as authorized by subsection (e), hereby authorized to be appropriated for the paragraph (1) shall include the following: an employee appointed under this section is Central Intelligence Agency for fiscal year (A) An evaluation of any doctrine cur- not eligible for any bonus, monetary award, 2008, $25,000,000 to conduct counterterrorist rently used by the Secretary of Defense to or other monetary incentive for service ex- operations that assist in the destruction of prepare for the training and guidance of the cept for payments authorized under this sec- the al Qaeda network. command of an international intervention tion. (c) OFFSET.—The amount authorized to be force. ‘‘(4) Notwithstanding any other provision appropriated by section 301(5) for operation (B) An assessment of the potential capa- of this section (other than subsection (e)) or and maintenance for Defense-wide activities bility of the Department of Defense and section 5307 of title 5, United States Code, no is hereby reduced by $25,000,000, with the other Federal departments and agencies to additional payments may be paid to an em- amount of the reduction to be allocated to support the development of new doctrines for ployee under this section in any calendar amounts available for the Defense Business the training and guidance of an inter- year if, or to the extent that, the employee’s Transformation Agency is hereby reduce national intervention force in keeping with total annual compensation will exceed the the ‘‘responsibility to protect’’ doctrine. maximum amount of total annual compensa- SA 2994. Ms. LANDRIEU submitted (C) Recommendations as to the steps nec- tion payable at the salary set in accordance an amendment intended to be proposed essary to allow the Secretary of Defense to with section 104 of title 3, United States by her to the bill H.R. 1585, to author- provide more effective training and guidance Code.’’. ize appropriations for fiscal year 2008 (c) PAYMENT OF RELOCATION EXPENSES.— to an international intervention force. for military activities of the Depart- (D) A summary of any assessments or stud- Such section is further amended— ies of the Department of Defense or other (1) by redesignating subsections (e), (f), and ment of Defense, for military construc- Federal departments or agencies relating to (g) as subsections (f), (g), and (h), respec- tion, and for defense activities of the ‘‘Operation Artemis’’, the 2004 French mili- tively; and Department of Energy, to prescribe tary deployment and intervention in the (2) by inserting after subsection (d), as military personnel strengths for such eastern region of the Democratic Republic of amended by subsection (b) of this section, fiscal year, and for other purposes; Congo to protect civilians from local warring the following new subsection (e): which was ordered to lie on the table; ‘‘(e) PAYMENT OF RELOCATION EXPENSES.— factions. as follows: (c) INTERNATIONAL INTERVENTION FORCE.— (1) An individual appointed under this sec- For the purposes of this section, ‘‘inter- tion may be paid travel, transportation, and At the end of subtitle C of title III, add the national intervention force’’ means a mili- relocation expenses to the same extent, in following: tary force that— the same manner, and subject to the same SEC. 325. 8TH AIR FORCE CYBERSPACE INNOVA- (1) is authorized by the United Nations; conditions as the payment of such expenses TION CENTER. and to an employee transferred in the interests Of the amount authorized to be appro- (2) has a mission that is narrowly focused of the United States Government. priated by section 301(3) for operation and on the protection of civilian life and the pre- ‘‘(2) Amounts payable to an individual maintenance for the Air Force, $5,000,000 vention of mass atrocities such as genocide. under this subsection are in addition to any may be available for the 8th Air Force other amounts payable to the individual Cyberspace Innovation Center in Bossier SA 2992. Mr. NELSON of Florida sub- under this section.’’. City, Louisiana, to support the Air Force mitted an amendment intended to be (d) ANNUAL REPORTS.—Subsection (h) of Cyber Command at Barksdale Air Force proposed by him to the bill H.R. 1585, such section, as redesignated by subsection Base, Louisiana. (c)(1) of this section, is further amended by to authorize appropriations for fiscal striking ‘‘beginning in 1999 and ending in SA 2995. Mr. AKAKA (for himself and year 2008 for military activities of the 2009,’’. Mr. WEBB) submitted an amendment Department of Defense, for military (e) CONFORMING AMENDMENTS.—Such sec- intended to be proposed by him to the construction, and for defense activities tion is further amended— bill H.R. 1585, to authorize appropria- (1) in subsection (a), by striking ‘‘sub- of the Department of Energy, to pre- tions for fiscal year 2008 for military scribe military personnel strengths for section (e)(1)’’ and inserting ‘‘ subsection (f)(1)’’; activities of the Department of De- such fiscal year, and for other pur- fense, for military construction, and poses; which was ordered to lie on the (2) in subsection (b)(3), by striking ‘‘sub- section (d)(1)’’ and inserting ‘‘subsection for defense activities of the Depart- table; as follows: (d)’’; and ment of Energy, to prescribe military At the end of title XI, add the following: (3) in subsection (g), as redesignated by personnel strengths for such fiscal SEC. 1107. MODIFICATION OF AUTHORITIES RE- subsection (c)(1) of this section, by striking year, and for other purposes; which was LATING TO EXPERIMENTAL PER- ‘‘subsection (e)(1)’’ and inserting ‘‘subsection ordered to lie on the table; as follows: SONNEL PROGRAM FOR SCIENTIFIC (f)(1)’’. AND TECHNICAL PERSONNEL. (f) EFFECTIVE DATE.—The amendments On page 326, between lines 17 and 18, insert (a) INCREASE IN NUMBER OF DARPA POSI- made by this section shall take effect one the following: TIONS UNDER PROGRAM.—Subsection (b)(1)(A) year after the date of the enactment of this SEC. 1044. REPORT ON PLANS TO REPLACE THE of section 1101 of the Strom Thurmond Na- Act. MONUMENT AT THE TOMB OF THE tional Defense Authorization Act for Fiscal UNKNOWNS AT ARLINGTON NA- Year 1999 (5 U.S.C. 3104 note) is amended by SA 2993. Ms. LANDRIEU (for herself TIONAL CEMETERY, VIRGINIA. striking ‘‘40 scientific and engineering posi- (a) REPORT REQUIRED.—Not later than 180 and Mr. DORGAN) submitted an amend- days after the date of the enactment of this tions’’ and inserting ‘‘60 scientific and engi- ment intended to be proposed by her to neering positions’’. Act, the Secretary of the Army and the Sec- (b) LIMITATIONS ON ADDITIONAL PAY- the bill H.R. 1585, to authorize appro- retary of Veterans Affairs shall jointly sub- MENTS.—Subsection (d) of such section is priations for fiscal year 2008 for mili- mit to Congress a report setting forth the amended to read as follows: tary activities of the Department of following: ‘‘(d) LIMITATIONS ON ADDITIONAL PAY- Defense, for military construction, and (1) The current plans of the Secretaries MENTS.—(1) The total amount of the addi- for defense activities of the Depart- with respect to— tional payments paid to an employee under ment of Energy, to prescribe military (A) replacing the monument at the Tomb this section for any 12-month period may not personnel strengths for such fiscal of the Unknowns at Arlington National Cem- exceed the lesser of the following amounts: etery, Virginia; and ‘‘(A) $50,000 in fiscal year 2008, which may year, and for other purposes; which was (B) disposing of the current monument at be adjusted annually thereafter by the Sec- ordered to lie on the table; as follows: the Tomb of the Unknowns, if it were re- retary, with a percentage increase equal to At the end of subtitle C of title XV, add the moved and replaced. one-half of 1 percentage point less than the following: (2) An assessment of the feasibility and ad- percentage by which the Employment Cost SEC. 1535. CAPTURE OF OSAMA BIN LADEN AND visability of repairing the monument at the Index, published quarterly by the Bureau of THE AL QAEDA LEADERSHIP. Tomb of the Unknowns rather than replacing Labor Statistics, for the base quarter of the (a) UNITED STATES POLICY ON COUNTERTER- it. year before the preceding calendar year ex- RORIST OPERATIONS.—It shall be the policy of (3) A description of the current efforts of ceeds the Employment Cost Index for the the United States Government that the fore- the Secretaries to maintain and preserve the base quarter of the second year before the most objective of United States counterter- monument at the Tomb of the Unknowns. preceding calendar year. rorist operations is to protect United States (4) An explanation of why no attempt has ‘‘(B) The amount equal to 50 percent of the persons and property from terrorist attacks been made since 1989 to repair the monument employee’s annual rate of basic pay. by capturing or killing Osama bin Laden, at the Tomb of the Unknowns. ‘‘(2) For purposes of paragraph (1), the Ayman al-Zawahiri, and other leaders of al (5) A comprehensive estimate of the cost of term ‘base quarter’ has the meaning given Qaeda and destroying the al Qaeda network. replacement of the monument at the Tomb

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11901 of the Unknowns and the cost of repairing Ms. MIKULSKI, and Mrs. LINCOLN) sub- (1) the United States should actively sup- such monument. mitted an amendment intended to be port a political settlement among Iraq’s (6) An assessment of the structural integ- proposed by him to the bill H.R. 1585, major factions based upon the provisions of rity of the monument at the Tomb of the Un- to authorize appropriations for fiscal the Constitution of Iraq that create a federal system of government and allow for the cre- knowns. year 2008 for military activities of the (b) LIMITATION ON ACTION.—The Secretary ation of federal regions; of the Army and the Secretary of Veterans Department of Defense, for military (2) the active support referred to in para- Affairs may not take any action to replace construction, and for defense activities graph (1) should include— the monument at the Tomb of the Unknowns of the Department of Energy, to pre- (A) calling on the international commu- at Arlington National Cemetery, Virginia, scribe military personnel strengths for nity, including countries with troops in Iraq, until 180 days after the date of the receipt by such fiscal year, and for other pur- the permanent 5 members of the United Na- Congress of the report required by subsection poses; which was ordered to lie on the tions Security Council, members of the Gulf (a). table; as follows: Cooperation Council, and Iraq’s neighbors— (c) EXCEPTION.—The limitation in sub- (i) to support an Iraqi political settlement section (b) shall not prevent the Secretary of At the end of subtitle C of title XV, add the based on federalism; the Army or the Secretary of Veterans Af- following: (ii) to acknowledge the sovereignty and fairs from repairing the current monument SEC. 1535. SENSE OF CONGRESS ON FEDERALISM territorial integrity of Iraq; and IN IRAQ. at the Tomb of the Unknowns or from ac- (iii) to fulfill commitments for the urgent (a) FINDINGS.—Congress makes the fol- quiring any blocks of marble for uses related delivery of significant assistance and debt lowing findings: to such monument, subject to the avail- relief to Iraq, especially those made by the (1) Iraq continues to experience a self-sus- ability of appropriations for that purposes. member states of the Gulf Cooperation Coun- taining cycle of sectarian violence. cil; SA 2996. Mr. BIDEN (for himself and (2) The ongoing sectarian violence presents (B) further calling on Iraq’s neighbors to a threat to regional and world peace, and the Mr. LUGAR) submitted an amendment pledge not to intervene in or destabilize Iraq long-term security interests of the United and to agree to related verification mecha- intended to be proposed by him to the States are best served by an Iraq that is sta- bill H.R. 1585, to authorize appropria- nisms; and ble, not a haven for terrorists, and not a (C) convening a conference for Iraqis to tions for fiscal year 2008 for military threat to its neighbors. reach an agreement on a comprehensive po- activities of the Department of De- (3) Iraqis must reach a comprehensive and litical settlement based on the creation of fense, for military construction, and sustainable political settlement in order to federal regions within a united Iraq; for defense activities of the Depart- achieve stability, and the failure of the (3) the United States should urge the Gov- ment of Energy, to prescribe military Iraqis to reach such a settlement is a pri- ernment of Iraq to quickly agree upon and mary cause of increasing violence in Iraq. implement a law providing for the equitable personnel strengths for such fiscal (4) The Key Judgments of the January 2007 year, and for other purposes; which was distribution of oil revenues, which is a crit- National Intelligence Estimate entitled ical component of a comprehensive political ordered to lie on the table; as follows: ‘‘Prospects for Iraq’s Stability: A Chal- settlement based upon federalism; and On page 362, line 10, insert after ‘‘congres- lenging Road Ahead’’ state, ‘‘A number of (4) the steps described in paragraphs (1), sional defense committees’’ the following: ‘‘, identifiable developments could help to re- (2), and (3) could lead to an Iraq that is sta- and to the Committee on Foreign Relations verse the negative trends driving Iraq’s cur- ble, not a haven for terrorists, and not a of the Senate and the Committee on Foreign rent trajectory. They include: Broader Sunni threat to its neighbors. Affairs of the House of Representatives,’’. acceptance of the current political structure On page 375, beginning on line 21, insert and federalism to begin to reduce one of the SA 2998. Mrs. MURRAY submitted an after ‘‘congressional defense committees’’ major sources of Iraq’s instability . . . Signifi- amendment intended to be proposed by the following: ‘‘, and to the Committee on cant concessions by Shia and Kurds to create her to the bill H.R. 1585, to authorize Foreign Relations of the Senate and the space for Sunni acceptance of federalism’’. appropriations for fiscal year 2008 for Committee on Foreign Affairs of the House (5) Article One of the Constitution of Iraq military activities of the Department of Representatives,’’. declares Iraq to be a ‘‘single, independent On page 377, strike line 24 and all that fol- federal state’’. of Defense, for military construction, lows through page 378, line 3, and insert the (6) Section Five of the Constitution of Iraq and for defense activities of the De- following: declares that the ‘‘federal system in the Re- partment of Energy, to prescribe mili- (D) an evaluation of the use and effective- public of Iraq is made up of a decentralized tary personnel strengths for such fiscal ness of funds provided under the Com- capital, regions, and governorates, and local year, and for other purposes; which was manders’ Emergency Response Program. administrations’’ and enumerates the expan- ordered to lie on the table; as follows: On page 379, beginning on line 5, strike sive powers of regions and the limited powers At the end of subtitle G of title V, add the ‘‘the extent’’ and all that follows through of the central government and establishes following: line 8 and insert ‘‘United States policy with the mechanisms for the creation of new fed- SEC. 583. NATIONAL GUARD FAMILY ASSISTANCE regard to cooperation with such drug traf- eral regions. CENTER COORDINATORS. fickers for counterterrorism purposes.’’. (7) The federal system created by the Con- (a) CONVERSION TO FULL-TIME EMPLOYEE On page 382, beginning on line 12, insert stitution of Iraq would give Iraqis local con- POSITIONS.—The Secretary of Defense shall after ‘‘reimbursed’’ the following: ‘‘from trol over their police and certain laws, in- convert positions of National Guard Family funds authorized to be made available to the cluding those related to employment, edu- Assistance Center Coordinators (FACCs) to Department of Defense’’. cation, religion, and marriage. full-time employee positions in a manner On page 382, line 22, insert after ‘‘congres- (8) The Constitution of Iraq recognizes the that satisfies the requirements of subsection sional defense committees’’ the following: ‘‘, administrative role of the Kurdistan Re- (b). and to the Committee on Foreign Relations gional Government in 3 northern Iraqi prov- (b) RATIOS OF COORDINATORS TO RESERVE of the Senate and the Committee on Foreign inces, known also as the Kurdistan Region. COMPONENT PERSONNEL.— Affairs of the House of Representatives,’’. (9) The Kurdistan region, recognized by the (1) IN GENERAL.—Subject to paragraphs (3) On page 383, line 17, insert after ‘‘congres- Constitution of Iraq, is largely stable and and (4), the Secretary shall ensure that the sional defense committees’’ the following: ‘‘, peaceful. number of full-time employee positions for and to the Committee on Foreign Relations (10) The Iraqi Parliament approved a fed- National Guard Family Assistance Center of the Senate and the Committee on Foreign eralism law on October 11th, 2006, which es- Coordinators in each State for a fiscal year Affairs of the House of Representatives,’’. tablishes procedures for the creation of new is not less than one such position for each in- On page 392, beginning on line 10, strike federal regions and will go into effect 18 crement of 1,000 members of in-State Na- ‘‘the Committee on Armed Services of the months after approval. tional Guard and Reserve personnel in such Senate and the Committee on Armed Serv- (11) Iraqis recognize Baghdad as the capital State as of September 30 of the preceding fis- ices of the House of Representatives’’ and in- of Iraq, and the Constitution of Iraq stipu- cal year. sert ‘‘ the Committees on Armed Services lates that Baghdad may not merge with any (2) INCREMENTS.—If the aggregate number and Foreign Relations of the Senate and the federal region. of in-State National Guard and Reserve per- Committees on Armed Services and Foreign (12) Despite their differences, Iraq’s sec- sonnel in a State at the end of a fiscal year Affairs of the House of Representatives’’. tarian and ethnic groups support the unity is not a number evenly divisible by 1,000, the On page 407, line 20, insert after ‘‘Armed and territorial integrity of Iraq. number of increments of 1,000 members of in- Services’’ the following: ‘‘, Foreign Rela- (13) Iraqi Prime Minister Nouri al-Maliki State National Guard and Reserve personnel tions,’’. stated on November 27, 2006, ‘‘The crisis is in the State for purposes of paragraph (1) shall be the number equal to— Mr. BIDEN (for himself, Mr. political, and the ones who can stop the SA 2997. cycle of aggravation and bloodletting of in- (A) the aggregate number of such in-State BROWNBACK, Mrs. BOXER, Mr. SPECTER, nocents are the politicians’’. National Guard and Reserve personnel di- Mr. KERRY, Mr. SMITH, Mr. NELSON of (b) SENSE OF CONGRESS.—It is the sense of vided by 1,000 and rounded down to the next Florida, Mrs. HUTCHISON, Mr. SCHUMER, Congress that— lowest whole number; plus

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(B) if the amount of the rounding down mittee on Armed Services and the Com- (A) INTERIM REPORT.—Not later than one under subparagraph (A) exceeds .3, an addi- mittee on Oversight and Government Reform year after the date of the appointment of all tional one. of the House of Representatives. of the members of the Commission under (3) MINIMUM NUMBER.—The minimum num- (iii) 1 member shall be appointed by the paragraph (2), the Commission shall submit ber of full-time employees positions for Na- Minority Leader of the Senate, in consulta- to Congress an interim report on the study tional Guard Family Assistance Center Coor- tion with the Ranking Minority Members of carried out under paragraph (3), including dinators in any particular State shall be the Committee on Armed Services and the the results and findings of the study as of three positions. Committee on Homeland Security and Gov- that date. (4) ADDITIONAL COORDINATORS DURING MOBI- ernmental Affairs of the Senate. (B) OTHER REPORTS.—The Commission may LIZATIONS.—In the event of the mobilization (iv) 1 member shall be appointed by the Mi- from time to time submit to Congress such of a unit of the National Guard or Reserve nority Leader of the House of Representa- other reports on the study carried out under having a permanent duty location in a State, tives, in consultation with the Ranking Mi- paragraph (3) as the Commission considers the number of full-time employee positions nority Member of the Committee on Armed appropriate. for National Guard Family Assistance Cen- Services and the Committee on Oversight (C) FINAL REPORT.—Not later than two ter Coordinators in such State shall be in- and Government Reform of the House of Rep- years after the date of the appointment of all creased by one such position for each 250 resentatives. of the members of the Commission under members of in-State National Guard and Re- (v) 1 member shall be appointed by the paragraph (2), the Commission shall submit serve personnel who are mobilized during the Secretary of Defense. to Congress a report on the study carried out under paragraph (3). The report shall— period that— (vi) 1 member shall be appointed by the (i) include the findings of the Commission; (A) begins not later than 60 days before the Secretary of State. (ii) identify lessons learned on the con- date of the mobilization of such unit; and (B) DEADLINE FOR APPOINTMENTS.—All ap- tracting covered by the study; and (B) ends on the date that is one year after pointments to the Commission shall be made (iii) include specific recommendations for the date of the completion of the release of not later than 90 days after the date of the improvements to be made in— such unit from active duty or other mobi- enactment of this Act. (I) the process for developing contract re- lized status. (C) CHAIRMAN AND VICE CHAIRMAN.— quirements for wartime contracts and con- (5) IN-STATE NATIONAL GUARD AND RESERVE (i) CHAIRMAN.—The chairman of the Com- PERSONNEL DEFINED.—In this subsection, the tracts for contingency operations; mission shall be a member of the Commis- (II) the process for awarding contracts and term ‘‘in-State National Guard and Reserve sion selected by the members appointed personnel’’, with respect to a State, means task orders for wartime contracts and con- under clauses (i) and (ii) of subparagraph (A), tracts for contingency operations; the members of the National Guard and Re- but only if approved by the vote of a major- serve, whether on active duty or inactive (III) the process for managing and pro- ity of the members of the Commission. viding oversight for the performance of war- status, who have a permanent unit duty lo- (ii) VICE CHAIRMAN.—The vice chairman of cation in such State. time contracts and contracts for contin- the Commission shall be a member of the gency operations; (c) AUTHORIZATION OF APPROPRIATIONS.— Commission selected by the members ap- There is authorized to be appropriated such (IV) the process for holding contractors pointed under clauses (iii) and (iv) of sub- and their employees accountable for waste, sums as may be required to carry out the paragraph (A), but only if approved by the provisions of this Act. fraud, abuse, or mismanagement under war- vote of a majority of the members of the time contracts and contracts for contin- Commission. SA 2999. Mr. WEBB (for himself, Mrs. gency operations; (3) DUTIES.— (V) the process for determining which func- MCCASKILL, Ms. KLOBUCHAR, Mr. (A) GENERAL DUTIES.—The Commission tions are inherently governmental and which BROWN, Mr. CASEY, Mr. TESTER, Mr. shall study and investigate the following functions are appropriate for performance by CARDIN, Mr. WHITEHOUSE, Mr. SANDERS, matters: contractors in an area of combat operations Mr. LEVIN, Mr. CARPER, Mrs. FEIN- (i) Federal agency contracting for the re- (including an area of a contingency oper- STEIN, Mr. KERRY, Mr. JOHNSON, Mrs. construction of Iraq and Afghanistan. ation), including a determination whether BOXER, Mr. OBAMA, Mr. LEAHY, Mr. (ii) Federal agency contracting for the the use of civilian contractors to provide se- logistical support of coalition forces in Oper- HARKIN, Ms. STABENOW, Mr. DODD, Ms. curity in an area of combat operations is a ation Iraqi Freedom and Operation Enduring function that is inherently governmental; LANDRIEU, Mr. FEINGOLD, Mr. BAYH, Freedom. (VI) the organizational structure, re- Mr. PRYOR, Mr. BYRD, Mr. DURBIN, and (iii) Federal agency contracting for the sources, policies and practices of the Depart- Mrs. CLINTON) submitted an amend- performance of security and intelligence ment of Defense and the Department of ment intented to be proposed by him to functions in Operation Iraqi Freedom and State handling contract management and the bill H.R. 1585, to authorize appro- Operation Enduring Freedom. support for wartime contracts and contracts priations for fiscal year 2008 for mili- (B) SCOPE OF CONTRACTING COVERED.—The for contingency operations; and tary activities of the Department of Federal agency contracting covered by this (VII) the process by which roles and re- Defense, for military construction, and paragraph includes contracts entered into sponsibilities with respect to wartime con- both in the United States and abroad for the tracts and contracts for contingency oper- for defense activities of the Depart- performance of activities described in sub- ations are distributed among the various de- ment of Energy, to prescribe military paragraph (A), whether performed in the partments and agencies of the Federal Gov- personnel strengths for such fiscal United States or abroad. ernment, and interagency coordination and year, and for other purposes; which was (C) PARTICULAR DUTIES.—In carrying out communication mechanisms associated with ordered to lie on the table; as follows: the study under this paragraph, the Commis- wartime contracts and contracts for contin- At the end of subtitle C of title XV, add the sion shall assess— gency operations. following: (i) the extent and impact of the reliance of (5) OTHER POWERS AND AUTHORITIES.— the Federal Government on contractors to (A) HEARINGS AND EVIDENCE.—The Commis- SEC. 1535. STUDY AND INVESTIGATION OF WAR- TIME CONTRACTS AND CON- perform functions (including security, intel- sion or, on the authority of the Commission, TRACTING PROCESSES IN OPER- ligence, and management functions) in Oper- any subcommittee or member thereof, may, ATION IRAQI FREEDOM AND OPER- ation Iraqi Freedom and Operation Enduring for the purpose of carrying out this sub- ATION ENDURING FREEDOM. Freedom; section— (a) COMMISSION ON WARTIME CON- (ii) the performance of the contracts under (i) hold such hearings and sit and act at TRACTING.— review, and the mechanisms used to manage such times and places, take such testimony, (1) ESTABLISHMENT.—There is hereby estab- the performance of the contracts under re- receive such evidence, administer such lished a commission to be known as the view; oaths; and ‘‘Commission on Wartime Contracting’’ (in (iii) the extent of waste, fraud, abuse, or (ii) subject to subparagraph (B)(i), require, this subsection referred to as the ‘‘Commis- mismanagement under such contracts; by subpoena or otherwise, require the at- sion’’). (iv) the extent to which those responsible tendance and testimony of such witnesses (2) MEMBERSHIP MATTERS.— for such waste, fraud, abuse, or mismanage- and the production of such books, records, (A) MEMBERSHIP.—The Commission shall ment have been held financially or legally correspondence, memoranda, papers, and be composed of 8 members, as follows: accountable; and documents, (i) 2 members shall be appointed by the (v) the appropriateness of the organiza- as the Commission or such designated sub- Majority Leader of the Senate, in consulta- tional structure, policies, practices, and re- committee or designated member may deter- tion with the Chairmen of the Committee on sources of the Department of Defense and mine advisable. Armed Services and the Committee on the Department of State for handling contin- (B) SUBPOENAS.— Homeland Security and Governmental Af- gency contract management and support; (i) ISSUANCE.— fairs of the Senate. (vi) the extent of the misuse of force or (I) IN GENERAL.—A subpoena may be issued (ii) 2 members shall be appointed by the violations of the laws of war or federal stat- under subparagraph (A) only— Speaker of the House of Representatives, in utes by contractors. (aa) by the agreement of the chairman and consultation with the Chairmen of the Com- (4) REPORTS.— the vice chairman; or

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00128 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11903 (bb) by the affirmative vote of 5 members sults from a referral made under this sub- (F) The nature and extent of any incidents of the Commission. paragraph. of misconduct or unlawful activity by con- (II) SIGNATURE.—Subject to subclause (I), (6) TERMINATION.—The Commission shall tractor employees. subpoenas issued under this subparagraph terminate on the date that is 60 days after (G) The extent to which any incidents of may be issued under the signature of the the date of the submittal of its final report misconduct or unlawful activity were re- chairman or any member designated by a under paragraph (4)(C). ported, documented, investigated, and majority of the Commission, and may be (7) CONTINGENCY OPERATION DEFINED.—In (where appropriate) prosecuted. served by any person designated by the this subsection, the term ‘‘contingency oper- (4) CONTINUATION OF SPECIAL INSPECTOR chairman or by a member designated by a ation’’ has the meaning given that term in GENERAL.— majority of the Commission. section 101 of title 10, United States Code. (A) IN GENERAL.—Notwithstanding section (ii) ENFORCEMENT.— 3001(o) of the Emergency Supplemental Ap- (b) INVESTIGATION OF WASTE, FRAUD, (I) IN GENERAL.—In the case of contumacy propriations Act for Defense and for the Re- ABUSE, AND MISMANAGEMENT.— or failure to obey a subpoena issued under construction of Iraq and Afghanistan, 2004 (1) IN GENERAL.—The Special Inspector clause (i), the United States district court (Public Law 108–106; 5 U.S.C. App. 8G note), General for Iraq Reconstruction shall, in col- for the judicial district in which the subpoe- the Office of the Special Inspector General laboration with the Inspector General of the naed person resides, is served, or may be for Iraq Reconstruction shall not terminate Department of Defense, the Inspector Gen- found, or where the subpoena is returnable, until the date that is 60 days after the date eral of the Department of State, the Inspec- may issue an order requiring such person to of the submittal under paragraph (4)(C) of tor General of the United States Agency for appear at any designated place to testify or subsection (a) of the final report of the Com- International Development, the Inspector to produce documentary or other evidence. mission on Wartime Contracting established General of the Director of National Intel- Any failure to obey the order of the court by subsection (a). ligence, the Inspector General of the Central may be punished by the court as a contempt (B) REAFFIRMATION OF CERTAIN DUTIES AND Intelligence Agency, and the Inspector Gen- of that court. RESPONSIBILITIES.—Congress reaffirms that eral of the Defense Intelligence Agency and (II) ADDITIONAL ENFORCEMENT.—In the case the Special Inspector General for Iraq Recon- in consultation with the Commission on of any failure of any witness to comply with struction retains the duties and responsibil- Wartime Contracting established by sub- any subpoena or to testify when summoned ities in sections 4 of the Inspector General section (a), conduct a series of audits to under authority of subclause (I) or this sub- Act of 1978 (5 U.S.C. App. 4; relating to re- identify potential waste, fraud, abuse, or clause, the Commission may, by majority ports of criminal violations to the Attorney mismanagement in the performance of— vote, certify a statement of fact constituting General) and section 5 of the Inspector Gen- such failure to the appropriate United States (A) Department of Defense contracts and eral Act of 1978 (5 U.S.C. App. 5; relating to attorney, who may bring the matter before subcontracts for the logistical support of co- reports to Congress) as expressly provided in the grand jury for its action, under the same alition forces in Operation Iraqi Freedom subsections (f)(3) and (i)(3), respectively, of statutory authority and procedures as if the and Operation Enduring Freedom; and section 3001 of the Emergency Supplemental United States attorney had received a cer- (B) Federal agency contracts and sub- Appropriations Act for Defense and for the tification under sections 102 through 104 of contracts for the performance of security, in- Reconstruction of Iraq and Afghanistan, the Revised Statutes of the United States (2 telligence, and reconstruction functions in 2004. U.S.C. 192 through 194). Operation Iraqi Freedom and Operation En- (c) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated such (C) ACCESS TO INFORMATION.—The Commis- during Freedom. sion may secure directly from the Depart- (2) SCOPE OF AUDITS OF CONTRACTS.—Each sums as may be required to carry out the ment of Defense and any other department audit conducted pursuant to paragraph (1)(A) provisions of this section. shall focus on a specific contract, task order, or agency of the Federal Government any in- SA 3000. Mr. CARDIN (for himself formation or assistance that the Commission or site of performance under a contract or and Ms. MIKULSKI) submitted an considers necessary to enable the Commis- task order and shall examine, at a minimum, sion to carry out the requirements of this one or more of the following issues: amendment intended to be proposed by subsection. Upon request of the Commission, (A) The manner in which requirements him to the bill H.R. 1585, to authorize the head of such department or agency shall were developed. appropriations for fiscal year 2008 for furnish such information expeditiously to (B) The procedures under which the con- military activities of the Department the Commission. Whenever information or tract or task order was awarded. of Defense, for military construction, assistance requested by the Commission is (C) The terms and conditions of the con- and for defense activities of the De- unreasonably refused or not provided, the tract or task order. partment of Energy, to prescribe mili- Commission shall report the circumstances (D) The contractor’s staffing and method tary personnel strengths for such fiscal of performance, including cost controls. to Congress without delay. year, and for other purposes; which was (D) PERSONNEL.—The Commission shall (E) The efficacy of Department of Defense have the authorities provided in section 3161 management and oversight, Department of ordered to lie on the table; as follows: of title 5, United States Code, and shall be State management and oversight, and At the end of subtitle D of title XXVIII, subject to the conditions set forth in such United States Agency for International De- add the following: section, except to the extent that such con- velopment management and oversight, in- SEC. 2842. AUTHORITY TO RELOCATE THE JOINT ditions would be inconsistent with the re- cluding the adequacy of staffing and training SPECTRUM CENTER TO FORT quirements of this subsection. of officials responsible for such management MEADE, MARYLAND. (a) AUTHORITY TO CARRY OUT RELOCATION (E) DETAILEES.—Any employee of the Fed- and oversight. AGREEMENT.—If deemed to be in the best in- eral Government employee may be detailed (F) The flow of information from the con- terest of national security and to the phys- to the Commission without reimbursement tractor to officials responsible for contract ical protection of personnel and missions of from the Commission, and such detailee management and oversight. the Department of Defense, the Secretary of shall retain the rights, status, and privileges (3) SCOPE OF AUDITS OF OTHER CONTRACTS.— Defense may carry out an agreement to relo- of his or her regular employment without Each audit conducted pursuant to paragraph cate the Joint Spectrum Center, a geographi- (1)(B) shall focus on a specific contract, task interruption. cally separated unit of the Defense Informa- (F) SECURITY CLEARANCES.—The appro- order, or site of performance under a con- tion Systems Agency, from Annapolis, Mary- priate departments or agencies of the Fed- tract or task order and shall examine, at a land to Fort Meade, Maryland or another eral Government shall cooperate with the minimum, one or more of the following military installation, subject to an agree- Commission in expeditiously providing to issues: ment between the lease holder and the De- the Commission members and staff appro- (A) The manner in which the requirements partment of Defense for equitable and appro- priate security clearances to the extent pos- were developed and the contract or task priate terms to facilitate the relocation. sible pursuant to existing procedures and re- order was awarded. (b) AUTHORIZATION.—Any facility, road or quirements, except that no person shall be (B) The manner in which the Federal agen- infrastructure constructed or altered on a provided with access to classified informa- cy exercised control over the contractor’s military installation as a result of the agree- tion under this section without the appro- performance. ment must be authorized in accordance with priate security clearances. (C) The extent to which operational field section 2802 of title 10, United States Code. (G) VIOLATIONS OF LAW.— commanders are able to coordinate or direct (c) TERMINATION OF EXISTING LEASE.—Upon (i) REFERRAL TO ATTORNEY GENERAL.—The the contractor’s performance in an area of completion of the relocation of the Joint Commission may refer to the Attorney Gen- combat operations. Spectrum Center, all right, title, and inter- eral any violation or potential violation of (D) The extent to which the functions per- est of the United States in and to the exist- law identified by the Commission in carrying formed were appropriate for performance by ing lease for the Joint Spectrum Center shall out its duties under this subsection. a contractor. be terminated, as contemplated under Condi- (ii) REPORTS ON RESULTS OF REFERRAL.— (E) The degree to which contractor em- tion 29.B of the lease. The Attorney General shall submit to Con- ployees were properly screened, selected, gress a report on each prosecution, convic- trained, and equipped for the functions to be SA 3001. Mr. BAUCUS submitted an tion, resolution, or other disposition that re- performed. amendment intended to be proposed by

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00129 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11904 CONGRESSIONAL RECORD — SENATE September 20, 2007 him to the bill H.R. 1585, to authorize bill H.R. 1585, to authorize appropria- period in which the leave is applied under appropriations for fiscal year 2008 for tions for fiscal year 2008 for military paragraph (1). military activities of the Department activities of the Department of De- ‘‘(3) In this subsection, the term ‘other of Defense, for military construction, fense, for military construction, and available leave’ means available leave, paid and for defense activities of the De- for defense activities of the Depart- or unpaid, that is vacation leave, personal leave, family leave, or medical or sick leave partment of Energy, to prescribe mili- ment of Energy, to prescribe military (including leave available under the Family tary personnel strengths for such fiscal personnel strengths for such fiscal and Medical Leave Act of 1993 (29 U.S.C. 2601 year, and for other purposes; which was year, and for other purposes; which was et seq.)). ordered to lie on the table; as follows: ordered to lie on the table; as follows: ‘‘(d) APPLICABILITY TO MULTIPLE FAMILY At the end of title XXVIII, insert the fol- Strike section 1029. MEMBERS.—Not more than two family mem- lowing: bers of a recovering servicemember are enti- SEC. 2854. RIGHT OF RECOUPMENT RELATED TO SA 3004. Mr. OBAMA (for himself, tled to coverage under subsection (a) at any LAND CONVEYANCE, HELENA, MON- Mr. ENZI, and Mrs. MCCASKILL) sub- one time. TANA. mitted an amendment intended to be ‘‘(e) CERTIFICATION OF COVERAGE.—The Sec- Section 2843(b) of the National Defense Au- proposed by him to the bill H.R. 1585, retary of Defense shall seek to minimize ad- thorization Act for Fiscal Year 2006 (Public ministrative burdens to family members and Law 109–163; 119 Stat. 3525) is amended to to authorize appropriations for fiscal employers under this section and shall, in read as follows: year 2008 for military activities of the consultation with the Secretary of Labor, es- ‘‘(b) EFFECT OF RECONVEYANCE OR LEASE.— Department of Defense, for military tablish procedures for certifying to employ- ‘‘(1) RECONVEYANCE.—If, at any time during construction, and for defense activities ers of coverage by subsection (a) of family the 10-year period following the conveyance of the Department of Energy, to pre- members covered by that subsection. Such of property under subsection (a), the Helena scribe military personnel strengths for procedures shall include mechanisms for Indian Alliance reconveys all or any part of identifying the family members covered by the conveyed property, the Alliance shall such fiscal year, and for other pur- poses; which was ordered to lie on the subsection (a) in circumstances described by pay to the United States an amount equal to subsection (d). the fair market value of the reconveyed table; as follows: ‘‘(f) DEFINITIONS.—In this section: property as of the time of the reconveyance, At the end of subtitle E of title X, add the ‘‘(1) The term ‘caring for’, with respect to excluding the value of any improvements following: a recovering servicemember, means pro- made to the property by the Alliance, as de- SEC. 1070. PROHIBITION ON DISCRIMINATION IN viding personal, medical, or convalescent termined by the Secretary in accordance EMPLOYMENT AGAINST CERTAIN care to the recovering servicemember, under with Federal appraisal standards and proce- FAMILY MEMBERS CARING FOR RE- circumstances that substantially interfere dures. COVERING MEMBERS OF THE ARMED FORCES. with a family member’s ability to work. ‘‘(2) LEASE.—The Secretary may treat a ‘‘(2) The term ‘employer’ has the meaning lease of property conveyed under subsection (a) ADDITIONAL PURPOSE OF USERRA.— Section 4301(a) of title 38, United States given such term in section 4303(4) of this (a) within such 10-year period as a reconvey- title, except that the term does not include ance if the Secretary determines that the Code, is amended— (1) in paragraph (2), by striking ‘‘and’’ at any person who is not considered to be an lease is being used to avoid application of employer under title I of the Family and paragraph (1).’’. the end; (2) in paragraph (3), by striking the period Medical Leave Act of 1993 (29 U.S.C. 2611 et Mr. BAUCUS submitted an at the end and inserting ‘‘; and’’; and seq.) because the person does not meet the SA 3002. requirements of section 101(4)(A)(i) of such amendment intended to be proposed by (3) by adding at the end the following new paragraph: Act (29 U.S.C. 2611(4)(A)(i)). . him to the bill H.R. 1585, to authorize ‘‘(3) The term ‘family member’, with re- appropriations for fiscal year 2008 for ‘‘(4) to ensure that family members of re- covering servicemembers are able to provide spect to a recovering servicemember, has the military activities of the Department family-based care for such servicemembers meaning given that term in section 411h(b) of of Defense, for military construction, during their recovery.’’. title 37. ‘‘(4) The term ‘recovering servicemember’ and for defense activities of the De- (b) PROHIBITION.—Subchapter II of chapter partment of Energy, to prescribe mili- 43 of such title is amended by adding at the means a member of the Armed Forces, in- tary personnel strengths for such fiscal end the following new section: cluding a member of the National Guard or a Reserve, who is undergoing medical treat- year, and for other purposes; which was ‘‘§ 4320. Employment rights of family mem- ment, recuperation, or therapy, or is other- ordered to lie on the table; as follows: bers caring for recovering members of the wise in medical hold or medical holdover sta- At the end of title XXVIII, insert the fol- Armed Forces tus, for an injury, illness, or disease incurred lowing: ‘‘(a) PROHIBITION.—Subject to subsection or aggravated while on active duty in the SEC. 2854. MODIFICATION OF LAND CONVEYANCE (d), a family member of a recovering service- Armed Forces.’’. TERMS, HELENA, MONTANA. member described in subsection (b) shall not (c) TREATMENT OF ACTIONS.— Section 2843(b) of the National Defense Au- be denied retention in employment, pro- (1) IN GENERAL.—Section 4311 of such title thorization Act for Fiscal Year 2006 (Public motion, or any benefit of employment by an is amended— Law 109–163; 119 Stat. 3525) is amended to employer on the basis of the family mem- (A) in subsection (a)— read as follows: ber’s absence from employment as described (i) by inserting ‘‘(1)’’ after ‘‘(a)’’; and ‘‘(b) USE OF PROPERTY FOR OTHER THAN IN- in subsection (b) for a period of not more (ii) by adding at the end the following new TENDED PURPOSE.—If the Secretary deter- than 52 workweeks. paragraph: mines at any time that the real property ‘‘(b) COVERED FAMILY MEMBERS.—A family ‘‘(2) A person described in section 4320(a) of conveyed under subsection (a) is not being member described in this subsection is a this title shall not be denied retention in em- used in accordance with the purposes of the family member of a recovering servicemem- ployment, promotion, or any benefit of em- conveyance specified in such subsection, the ber who is— ployment by an employer on the basis of the Secretary shall require the Helena Indian Al- ‘‘(1) on invitational orders while caring for family member’s absence from employment liance to pay to the United States an the recovering servicemember; as described in section 4320(b) of this title.’’; amount equal to the fair market value of the ‘‘(2) a non-medical attendee caring for the and property as of the time of such determina- recovering servicemember; or (B) in subsection (c)(1), by inserting ‘‘ as tion, excluding the value of any improve- ‘‘(3) receiving per diem payments from the described in paragraph (1) of that subsection, ments made to the property by the Alliance, Department of Defense while caring for the or the person’s absence from employment as as determined by the Secretary in accord- recovering servicemember. described in paragraph (2) of that sub- ance with Federal appraisal standards and ‘‘(c) APPLICATION OF OTHER AVAILABLE section,’’ after ‘‘service in the uniformed procedures.’’. LEAVE.—(1) To the extent that the family services’’. member has other available leave, the family (2) CONFORMING AMENDMENT.—The heading SA 3003. Mrs. MCCASKILL (for her- member shall apply the leave to the 52-work- of such section is amended to read as follows: self, Mr. PRYOR, Mr. LEAHY, Mr. BOND, week period described in subsection (a), ‘‘§ 4311. Discrimination and acts of reprisal Mr. KERRY, Ms. MIKULSKI, Mrs. whether or not the leave would otherwise be prohibited: persons who serve in the uni- HUTCHISON, Mr. CRAPO, Mr. VOINOVICH, usable for the absence from employment as formed services; family caregivers of recov- Mr. SMITH, Mr. ALEXANDER, Mr. MAR- described in subsection (b). ‘‘(2) Except as otherwise provided in this ering members of the Armed Forces’’. TINEZ, Mr. HARKIN, Mr. DODD, Mr. NEL- section, the provisions of any Federal or (d) CLERICAL AMENDMENTS.—The table of SON, of Florida Mrs. LINCOLN, Mr. State law covering the other available leave, sections at the beginning of chapter 43 of WYDEN, Mr. BROWN, Mrs. MURRAY, and or of any employment benefit program or such title is amended— Mr. LUGAR) submitted an amendment plan under which the other available leave is (1) by striking the item relating to section intended to be proposed by her to the offered, shall continue to apply during the 4311 and inserting the following new item:

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00130 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11905 ‘‘4311. Discrimination and acts of reprisal title 5, United States Code, during a covered leave available to an employee, during a cov- prohibited: persons who serve period of service. ered period of service for purposes relating in the uniformed services; fam- (3) DESIGNATION OF CAREGIVER.— to, or resulting from, the giving of care by ily caregivers of recovering (A) IN GENERAL.—A qualified member of the employee to a family member under the members of the Armed the Armed Forces shall submit a written des- designation of the employee as the caregiver Forces.’’; and ignation of the individual who is the care- for the family member. (2) by inserting after the item relating to giver for any family member of that member (B) EXCEPTION.—Subparagraph (A) shall section 4319 the following new item: of the Armed Forces during a covered period not apply to leave made available under the ‘‘4320. Employment rights of family members of service to— Family and Medical Leave Act of 1993 (29 caring for recovering members (i) the employing agency; and U.S.C. 2601 et seq.). of the Armed Forces.’’. (ii) the uniformed service of which the in- (3) VOLUNTARY BUSINESS PARTICIPATION.— dividual is a member. The Secretary of Labor shall solicit business SA 3005. Mr. FEINGOLD (for himself, (B) DESIGNATION OF SPOUSE.—Notwith- entities to voluntarily participate in the pro- Mr. CASEY, Mr. KENNEDY, Ms. MIKUL- standing paragraph (1)(A)(ii), an individual gram under this subsection. SKI, and Mr. COLEMAN) submitted an less than 21 years of age may be designated (4) DESIGNATION OF CAREGIVER.— amendment intended to be proposed by as a caregiver if that individual is the spouse (A) IN GENERAL.—A qualified member of of the qualified member of the Armed Forces him to the bill H.R. 1585, to authorize the Armed Forces shall submit a written des- making the designation. ignation of the individual who is the care- appropriations for fiscal year 2008 for (4) USE OF CAREGIVER LEAVE.—Leave may giver for any family member of that member military activities of the Department only be used under this subsection for pur- of the Armed Forces during a covered period of Defense, for military construction, poses directly relating to, or resulting from, of service to— and for defense activities of the De- the giving of care by the employee to a fam- (i) the employing business entity; and partment of Energy, to prescribe mili- ily member under the designation of the em- (ii) the uniformed service of which the in- tary personnel strengths for such fiscal ployee as the caregiver for the family mem- dividual is a member. ber. (B) DESIGNATION OF SPOUSE.—Notwith- year, and for other purposes; which was (5) REGULATIONS.—Not later than 120 days ordered to lie on the table; as follows: standing paragraph (1)(A)(ii), an individual after the date of enactment of this Act, the less than 21 years of age may be designated At the appropriate place, insert the fol- Office of Personnel Management shall pre- as a caregiver if that individual is the spouse lowing: scribe regulations to carry out this sub- of the qualified member of the Armed Forces SEC. lll. PROGRAMS FOR USE OF LEAVE BY section, including a definition of activities making the designation. CAREGIVERS FOR FAMILY MEMBERS that qualify as the giving of care. SE OF CAREGIVER LEAVE OF INDIVIDUALS PERFORMING CER- (5) U .—Leave may (6) TERMINATION.—The program under this only be used under this subsection for pur- TAIN MILITARY SERVICE. subsection shall terminate on December 31, (a) FEDERAL EMPLOYEES PROGRAM.— poses directly relating to, or resulting from, 2010. the giving of care by the employee to a fam- (1) DEFINITIONS.—In this subsection: (b) VOLUNTARY PRIVATE SECTOR LEAVE ily member under the designation of the em- (A) CAREGIVER.—The term ‘‘caregiver’’ PROGRAM.— ployee as the caregiver for the family mem- means an individual who— (1) DEFINITIONS.—In this subsection: ber. (i) is an employee; (A) CAREGIVER.—The term ‘‘caregiver’’ (ii) is at least 21 years of age; and means an individual who— (6) REGULATIONS.—Not later than 120 days (iii) is capable of self care and care of chil- (i) is an employee; after the date of enactment of this Act, the dren or other dependent family members of a (ii) is at least 21 years of age; and Secretary of Labor shall prescribe regula- qualified member of the Armed Forces. (iii) is capable of self care and care of chil- tions to carry out this subsection. (B) COVERED PERIOD OF SERVICE.—The term dren or other dependent family members of a (7) TERMINATION.—The program under this ‘‘covered period of service’’ means any period qualified member of the Armed Forces. subsection shall terminate on December 31, of service performed by an employee as a (B) COVERED PERIOD OF SERVICE.—The term 2010. EPORT.—Not later than March 31, caregiver while the individual who des- ‘‘covered period of service’’ means any period (c) GAO R 2010, the Government Accountability Office ignated the caregiver under paragraph (3) re- of service performed by an employee as a shall submit a report to Congress on the pro- mains a qualified member of the Armed caregiver while the individual who des- grams under subsections (a) and (b) that in- Forces. ignated the caregiver under paragraph (4) re- cludes— (C) EMPLOYEE.—The term ‘‘employee’’ has mains a qualified member of the Armed (1) an evaluation of the success of each pro- the meaning given under section 6331 of title Forces. gram; and 5, United States Code. (C) EMPLOYEE.—The term ‘‘employee’’ (2) recommendations for the continuance (D) FAMILY MEMBER.—The term ‘‘family means an employee of a business entity par- or termination of each program. member’’ includes— ticipating in the program under this sub- (d) OFFSET.—The aggregate amount au- (i) individuals for whom the qualified section. thorized to be appropriated for fiscal year member of the Armed Forces provides med- (D) FAMILY MEMBER.—The term ‘‘family 2008 for the use of the Department of Defense ical, financial, and logistical support (such member’’ includes— for research, development, test and evalua- as housing, food, clothing, or transpor- (i) individuals for whom the qualified tion shall be reduced by $2,000,000. tation); and member of the Armed Forces provides med- (ii) children under the age of 18 years, el- ical, financial, and logistical support (such SA 3006. Mr. LEVIN submitted an derly adults, persons with disabilities, and as housing, food, clothing, or transpor- amendment intended to be proposed by other persons with a mental or physical dis- tation); and him to the bill H.R. 1585, to authorize ability, who are unable to care for them- (ii) children under the age of 18 years, el- appropriations for fiscal year 2008 for selves in the absence of the qualified member derly adults, persons with disabilities, and of the Armed Forces. other persons with a mental or physical dis- military activities of the Department (E) QUALIFIED MEMBER OF THE ARMED ability, who are unable to care for them- of Defense, for military construction, FORCES.—The term ‘‘qualified member of the selves in the absence of the qualified member and for defense activities of the De- Armed Forces’’ means— of the Armed Forces. partment of Energy, to prescribe mili- (i) a member of a reserve component of the (E) QUALIFIED MEMBER OF THE ARMED tary personnel strengths for such fiscal Armed Forces as described under section FORCES.—The term ‘‘qualified member of the year, and for other purposes; which was 10101 of title 10, United States Code, who has Armed Forces’’ means— ordered to lie on the table; as follows: received notice to report to, or is serving on, (i) a member of a reserve component of the At the end of subtitle E of title XXVIII, active duty in the Armed Forces in support Armed Forces as described under section add the following: of a contingency operation as defined under 10101 of title 10, United States Code, who has SEC. 2854. TRANSFER OF JURISDICTION, FORMER section 101(a)(13) of title 10, United States received notice to report to, or is serving on, NIKE MISSILE SITE, GROSSE ILE, Code; or active duty in the Armed Forces in support MICHIGAN. (ii) a member of the Armed Forces on ac- of a contingency operation as defined under (a) TRANSFER.—Administrative jurisdiction tive duty who is eligible for hostile fire or section 101(a)(13) of title 10, United States over the property described in subsection (b) imminent danger special pay under section Code; or is hereby transferred from the Administrator 310 of title 37, United States Code. (ii) a member of the Armed Forces on ac- of the Environmental Protection Agency to (2) ESTABLISHMENT OF PROGRAM.—The Of- tive duty who is eligible for hostile fire or the Secretary of the Interior. fice of Personnel Management shall establish imminent danger special pay under section (b) PROPERTY DESCRIBED.—The property re- a program to authorize a caregiver to use 310 of title 37, United States Code. ferred to in subsection (a) is the former Nike under paragraph (4)— (2) ESTABLISHMENT OF PROGRAM.— missile site, consisting of approximately 50 (A) any sick leave of that caregiver during (A) IN GENERAL.—The Secretary of Labor acres located at the southern end of Grosse a covered period of service; and shall establish a program to authorize em- Ile, Michigan, as depicted on the map enti- (B) any leave available to that caregiver ployees of business entities described under tled ‘‘07–CE’’ on file with the Environmental under subchapter III or IV of chapter 63 of paragraph (3) to use sick leave, or any other Protection Agency and dated May 16, 1984.

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11906 CONGRESSIONAL RECORD — SENATE September 20, 2007

(c) ADMINISTRATION OF PROPERTY.—Subject On page 449, between lines 16 and 17, insert SEC. 1044. REPORT ON SIZE AND MIX OF AIR to subsection (d), the Secretary of the Inte- the following: FORCE INTERTHEATER AIRLIFT rior shall administer the property described (b) LIMITATION ON TOTAL COST OF CON- FORCE. in subsection (b)— STRUCTION PROJECTS.—Notwithstanding the (a) STUDY REQUIRED.— (1) acting through the United States Fish cost variations authorized by section 2853 of (1) IN GENERAL.—The Secretary of Defense and Wildlife Service; title 10, United States Code, and any other shall conduct a study on various alternatives (2) as part of the Detroit River Inter- cost variation authorized by law, the total for the size and mix of assets for the Air national Wildlife Refuge; and cost of all projects carried out under section Force intertheater airlift force, with a par- (3) for use as a habitat for fish and wildlife 2201 of this Act may not exceed the sum of ticular focus on current and planned capa- and as a recreational property for outdoor the following: bilities and costs of the C–5 aircraft and C–17 education and environmental appreciation. (1) The total amount authorized to be ap- aircraft fleets. (d) MANAGEMENT RESPONSE.—The Sec- propriated under paragraphs (1), (2) and (3) of (2) CONDUCT OF STUDY.— retary of Defense shall manage and carry out subsection (a). (A) USE OF FFRDC.—The Secretary shall se- environmental response activities with re- (2) $70,930,000 (the balance of the amount lect to conduct the study required by sub- spect to the property described in subsection authorized under section 2201(a) for a nuclear section (a) a federally funded research and (b) not later than 2 years after the date of aircraft carrier maintenance pier at Naval development center (FFRDC) that has expe- the enactment of this Act, with the excep- Station Bremerton, Washington). rience and expertise in conducting studies tion of long-term monitoring, using amounts similar to the study required by subsection made available from the account established SA 3009. Mr. LEVIN (for himself and (a). by section 2703(a)(5) of title 10, United States Mr. MCCAIN) submitted an amendment (B) DEVELOPMENT OF STUDY METHOD- Code. intended to be proposed by him to the OLOGY.—Not later than 90 days after the date (e) SAVINGS PROVISION.—Nothing in this bill H.R. 1585, to authorize appropria- of enactment of this Act, the federally fund- section shall be construed to affect or limit tions for fiscal year 2008 for military ed research and development center selected the application of, or any obligation to com- activities of the Department of De- for the conduct of the study shall— ply with, any environmental law, including fense, for military construction, and (i) develop the methodology for the study; the Comprehensive Environmental Response, for defense activities of the Depart- and Compensation, and Liability Act of 1980 (42 (ii) submit the methodology to the Comp- U.S.C. 9601 et seq.) and the Solid Waste Dis- ment of Energy, to prescribe military troller General of the United States for re- posal Act (42 U.S.C. 6901 et seq.). personnel strengths for such fiscal view. year, and for other purposes; which was (C) COMPTROLLER GENERAL REVIEW.—Not SA 3007. Mr. LEVIN (for himself and ordered to lie on the table; as follows: later than 30 days after receipt of the meth- Mr. MCCAIN) submitted an amendment At the end of title XXII, add the following: odology under subparagraph (B), the Comp- intended to be proposed by him to the SEC. 2206. MODIFICATION OF AUTHORITY TO troller General shall— bill H.R. 1585, to authorize appropria- CARRY OUT CERTAIN FISCAL YEAR (i) review the methodology for purposes of 2005 PROJECT. tions for fiscal year 2008 for military identifying any flaws or weaknesses in the (a) MODIFICATION.—The table in section methodology; and activities of the Department of De- 2201(a) of the Military Construction Author- (ii) submit to the federally funded research fense, for military construction, and ization Act for Fiscal Year 2005 (division B of and development center a report that— for defense activities of the Depart- Public Law 108–375; 118 Stat. 2105), as amend- (I) sets forth any flaws or weaknesses in ment of Energy, to prescribe military ed by section 2206 of the Military Construc- the methodology identified by the Comp- personnel strengths for such fiscal tion Authorization Act for Fiscal Year 2006 troller General in the review; and year, and for other purposes; which was (division B of Public Law 109–163; 119 Stat. (II) makes any recommendations the 3493) and section 2205 of the Military Con- ordered to lie on the table; as follows: Comptroller General considers advisable for struction Authorization Act for Fiscal Year improvements to the methodology. On page 491, between lines 8 and 9, insert 2007 (division B of Public Law 109–364; 120 (D) MODIFICATION OF METHODOLOGY.—Not the following: Stat. 2452) is amended— later than 30 days after receipt of the report SEC. 2818. CLARIFICATION OF REQUIREMENT (1) in the item relating to Strategic Weap- under subparagraph (C), the federally funded FOR AUTHORIZATION OF MILITARY ons Facility Pacific, Bangor, Washington, by research and development center shall— CONSTRUCTION. striking ‘‘$147,760,000’’ in the amount column (i) modify the methodology in order to ad- (a) CLARIFICATION OF REQUIREMENT FOR AU- and inserting ‘‘$295,000,000’’; and dress flaws or weaknesses identified by the THORIZATION.—Section 2802(a) of title 10, (2) by striking the amount identified as the Comptroller General in the report and to im- United States Code, is amended by inserting total in the amount column and inserting prove the methodology in accordance with after ‘‘military construction projects’’ the ‘‘$972,719,000’’. the recommendations, if any, made by the following: ‘‘, land acquisitions, and defense (b) CONFORMING AMENDMENT.—Section 2204 Comptroller General; and access road projects (as described under sec- of the Military Construction Authorization (ii) submit to the congressional defense tion 210 of title 23)’’. Act for Fiscal Year 2005 (division B of Public committees a report that— (b) CLARIFICATION OF DEFINITION.—Section Law 108–375; 118 Stat. 2107), as amended by (I) describes the modifications of the meth- 2801(a) of such title is amended by inserting section 2206 of the Military Construction Au- odology made by the federally funded re- after ‘‘permanent requirements’’ the fol- thorization Act for Fiscal Year 2006 (division search and development center; and lowing: ‘‘, or any acquisition of land or con- B of Public Law 109–163; 119 Stat. 3493) and (II) if the federally funded research and de- struction of a defense access road (as de- section 2205 of the Military Construction Au- velopment center does not improve the scribed in section 210 of title 23)’’. thorization Act for Fiscal Year 2007 (division methodology in accordance with any par- B of Public Law 109–364; 120 Stat. 2453) is ticular recommendation of the Comptroller SA 3008. Mr. LEVIN (for himself and amended— General, sets forth a description and expla- Mr. MCCAIN) submitted an amendment (1) in subsection (a)(1), by striking nation of the reasons for such action. ‘‘$722,927,000’’ and inserting ‘‘$870,167,000’’; intended to be proposed by him to the (3) UTILIZATION OF OTHER STUDIES.—The bill H.R. 1585, to authorize appropria- and study shall build upon the results of the re- tions for fiscal year 2008 for military (2) in subsection (b)(6), by striking cent Mobility Capabilities Studies of the De- ‘‘$95,320,000’’ and inserting ‘‘$259,320,000’’. activities of the Department of De- partment of Defense, the on-going Intratheater Airlift Fleet Mix Analysis, and fense, for military construction, and SA 3010. Mrs. MCCASKILL (for her- for defense activities of the Depart- other appropriate studies and analyses. The self, Mr. BIDEN, Mr. KENNEDY, Mr. study should also include any results ment of Energy, to prescribe military BOND, and Mrs. FEINSTEIN) submitted reached on the modified C–5A aircraft config- personnel strengths for such fiscal an amendment intended to be proposed ured as part of the Reliability Enhancement year, and for other purposes; which was by her to the bill H.R. 1585, to author- and Re-engining Program (RERP) configura- ordered to lie on the table; as follows: ize appropriations for fiscal year 2008 tion, as specified in section 132 of the Na- On page 445, in the table preceding line 1, for military activities of the Depart- tional Defense Authorization Act for Fiscal in the item relating to Naval Station, Brem- ment of Defense, for military construc- Year 2004 (Public Law 108–136; 117 Stat. 1411). erton, Washington, strike ‘‘$119,760,000’’ and tion, and for defense activities of the (b) ELEMENTS.—The study under subsection insert ‘‘$190,690,000’’. Department of Energy, to prescribe (a) shall address the following: On page 447, line 5, strike ‘‘Funds’’ and in- military personnel strengths for such (1) The state of the current intertheater sert ‘‘(a) AUTHORIZATION OF APPROPRIA- airlift fleet of the Air Force, including the fiscal year, and for other purposes; TIONS.—Funds’’. extent to which the increased use of heavy On page 447, line 9, strike ‘‘$3,032,790,000’’ which was ordered to lie on the table; airlift aircraft in Operation Iraqi Freedom, and insert ‘‘$3,103,720,000’’. as follows: Operation Enduring Freedom, and other on- On page 447, line 12, strike ‘‘$1,717,016,000’’ At the end of subtitle D of title X, add the going operations is affecting the aging of the and insert ‘‘$1,787,946,000’’. following: aircraft of that fleet.

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00132 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11907 (2) The adequacy of the current interthe- craft (JCA)) with an increasing role for C–5 (vi) The availability and application of ater airlift force, including whether or not aircraft and C–17 aircraft in intratheater Civil Reserve Air Fleet assets in future mili- the current target number of 301 airframes missions. tary scenarios. for the Air Force heavy lift aircraft fleet will (C) The most appropriate and likely mis- (vii) Air mobility requirements associated be sufficient to support future expeditionary sions for C–5 aircraft and C–17 aircraft in with the Global Rebasing Initiative of the combat and non-combat missions as well as intratheater operations and the potential for Department of Defense. domestic and training mission demands con- increased requirements in these mission (viii) Air mobility requirements in support sistent with the requirements of the Na- areas. of peacekeeping and humanitarian missions tional Military Strategy. (D) Any intratheater mission sets best per- around the globe. (3) The optimal mix of C–5 aircraft and C– formed by strategic airlift aircraft as op- (ix) Potential changes in lift requirements 17 aircraft for the intertheater airlift fleet of posed to traditional intratheater airlift air- based on equipment procured for Iraq and Af- the Air Force, and any appropriate mix of C– craft. ghanistan. 5 aircraft and C–17 aircraft for intratheater (E) Any requirements for increased produc- (B) A description of the assumptions uti- airlift missions, including an assessment of tion or longevity of C–5 aircraft and C–17 air- lized in the study regarding aircraft perform- the following: craft, or for a new strategic airlift aircraft, ances and loading factors. (A) The cost advantages and disadvantages in light of the matters analyzed under this (C) A comprehensive statement of the data of modernizing the C–5 aircraft fleet when paragraph. and assumptions utilized in making program compared with procuring new C–17 aircraft, (7) Taking into consideration all applicable life cycle cost estimates. which assessment shall be performed in con- factors, whether or not the replacement of (D) A comparison of cost and risk associ- cert with the Cost Analysis Improvement C–5 aircraft with C–17 aircraft on a one-for- ated with optimal mix airlift fleet versus Group and be based on program life cycle one basis will result in the retention of a program of record airlift fleet. cost estimates for the respective aircraft. comparable strategic airlift capability. (3) FORM.—The report shall be submitted in (B) The military capability of the C–5 air- (c) CONSTRUCTION.—Nothing in this section unclassified form, but may include a classi- craft and the C–17 aircraft, including number shall be construed to exclude from the study fied annex. of lifetime flight hours, cargo and passenger under subsection (a) consideration of airlift carrying capabilities, and mission capable assets other than the C–5 aircraft or C–17 air- SA 3011. Mrs. MCCASKILL submitted rates for such airframes. In the case of as- craft that do or may provide intratheater an amendment intended to be proposed sumptions for the C–5 aircraft, and any as- and intertheater airlift, including the poten- by her to the bill H.R. 1585, to author- sumptions made for the mission capable tial that such current or future assets may rates of the C–17 aircraft, sensitivity anal- reduce requirements for C–5 aircraft or C-17 ize appropriations for fiscal year 2008 yses shall also be conducted to test assump- aircraft. for military activities of the Depart- tions. The military capability study for the (d) COLLABORATION WITH TRANSCOM.—The ment of Defense, for military construc- C–5 aircraft shall also include an assessment federally funded research and development tion, and for defense activities of the of the mission capable rates after each of the center selected under subsection (a) shall Department of Energy, to prescribe following: conduct the study required by that sub- military personnel strengths for such section and make the report required by sub- (i) Successful completion of the Avionics fiscal year, and for other purposes; Modernization Program (AMP) and the Reli- section (e) in concert with the United States ability Enhancement and Re-engining Pro- Transportation Command. which was ordered to lie on the table; gram (RERP). (e) REPORT BY FFRDC.— as follows: (ii) Partially successful completion of the (1) IN GENERAL.—Not later than January 10, At the end of subtitle E of title VI, add the Avionics Modernization Program and the Re- 2009, the federally funded research and devel- following: liability Enhancement and Re-engining Pro- opment center selected under subsection (a) SEC. 673. INDEPENDENT STUDENT. gram, with partially successful completion shall submit to the Secretary of Defense, the (a) AMENDMENT.—Section 480(d)(3) of the of either such program being considered the congressional defense committees, and the Higher Education Act of 1965 (20 U.S.C. point at which the continued execution of Comptroller General of the United States a 1087vv(d)(3)) is amended by inserting ‘‘or is a such program is no longer supported by cost- report on the study required by subsection current active member of the National benefit analysis. (a). Guard or Reserve forces of the United States (C) The tactical capabilities of strategic (2) REVIEW BY GAO.—Not later than 90 days who has completed initial military training’’ airlift aircraft, the potential increase in use after receipt of the report under paragraph after ‘‘purposes’’. of strategic airlift aircraft for tactical mis- (1), the Comptroller General shall submit to (b) EFFECTIVE DATE.—The amendment sions, and the value of such capabilities to the congressional defense committee a re- made by subsection (a) shall be effective tactical operations. port on the study conducted under sub- July 1, 2008. (D) The value of having more than one section (a) and the report under paragraph type of aircraft in the strategic airlift fleet, (1). The report under this subsection shall in- SA 3012. Mr. LAUTENBERG (for him- and the potential need to pursue a replace- clude an analysis of the study under sub- self, Mr. DODD, Mr. COBURN, Mr. HAGEL, ment aircraft for the C–5 aircraft that is section (a) and the report under paragraph and Mr. FEINGOLD) submitted an larger than the C–17 aircraft. (1), including an assessment by the Comp- (4) The means by which the Air Force was troller General of the strengths and weak- amendment intended to be proposed by able to restart the production line for the C– nesses of the study and report. him to the bill H.R. 1585, to authorize 5 aircraft after having closed the line for sev- (f) REPORT BY SECRETARY OF DEFENSE.— appropriations for fiscal year 2008 for eral years, and the actions to be taken to en- (1) IN GENERAL.—Not later than 90 days military activities of the Department sure the production line for the C–17 aircraft after receipt of the report under paragraph of Defense, for military construction, could be restarted if necessary, including— (1), the Secretary of Defense shall submit to and for defense activities of the De- (A) an analysis of the costs of closing and the Committee on Armed Services of the partment of Energy, to prescribe mili- re-opening the production line for the C–5 Senate and the Committee on Armed Serv- tary personnel strengths for such fiscal aircraft; and ices of the House of Representatives a report (B) an assessment of the costs of closing on the study required by subsection (a). year, and for other purposes; which was and re-opening the production line for the C– (2) ELEMENTS.—The report shall include a ordered to lie on the table; as follows: 17 aircraft on a similar basis. comprehensive discussion of the findings of At the end of title XV, add the following: (5) The financial effects of retiring, upgrad- the study, including a particular focus on SEC. 1535. SPECIAL INSPECTOR GENERAL FOR ing and maintaining, or continuing current the following: AFGHANISTAN RECONSTRUCTION. operations of the C–5A aircraft fleet on pro- (A) A description of lift requirements and (a) FINDINGS.—Congress makes the fol- curement decisions relating to the C–17 air- operating profiles for intertheater airlift air- lowing findings: craft. craft required to meet the National Military (1) A democratic, stable, and prosperous (6) The impact that increasing the role and Strategy, including assumptions regarding: Afghanistan is vital to the national security use of strategic airlift aircraft in (i) Current and future military combat and of the United States and to combating inter- intratheater operations will have on the cur- support missions. national terrorism. rent target number for strategic airlift air- (ii) The planned force structure growth of (2) Since the fall of the Taliban, the United craft of 301 airframes, including an analysis the Army and the Marine Corps. States has provided Afghanistan with over of the following: (iii) Potential changes in lift requirements, $20,000,000,000 in reconstruction and security (A) The appropriateness of using C–5 air- including the deployment of the Future assistance. However, repeated and docu- craft and C–17 aircraft for intratheater mis- Combat Systems by the Army. mented incidents of waste, fraud, and abuse sions, as well as the efficacy of these aircraft (iv) New capability in strategic airlift to in the utilization of these funds have under- to perform current and projected future be provided by the KC(X) aircraft and the ex- mined reconstruction efforts. intratheater missions. pected utilization of such capability, includ- (3) There is a stronger need for vigorous (B) The interplay of existing doctrinal ing its use in intratheater lift. oversight of spending by the United States intratheater airlift aircraft (such as the C– (v) The utilization of the heavy lift aircraft on reconstruction programs and projects in 130 aircraft and the future Joint Cargo Air- in intratheater combat missions. Afghanistan.

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(4) The Government Accountability Office (e) DUTIES.— sions of chapter 51 and subchapter III of (GAO) and departmental Inspectors General (1) OVERSIGHT OF AFGHANISTAN RECON- chapter 53 of such title, relating to classi- provide valuable information on such activi- STRUCTION.—It shall be the duty of the In- fication and General Schedule pay rates. ties. spector General to conduct, supervise, and (2) EMPLOYMENT OF EXPERTS AND CONSULT- (5) The congressional oversight process re- coordinate audits and investigations of the ANTS.—The Inspector General may obtain quires more timely reporting of reconstruc- treatment, handling, and expenditure of ap- services as authorized by section 3109 of title tion activities in Afghanistan that encom- propriated funds by the United States Gov- 5, United States Code, at daily rates not to passes the efforts of the Department of ernment, and of the programs, operations, exceed the equivalent rate prescribed for State, the Department of Defense, and the and contracts carried out utilizing such grade GS–15 of the General Schedule by sec- United States Agency for International De- funds in Afghanistan in order to prevent and tion 5332 of such title. velopment and highlights specific acts of detect waste, fraud, and abuse, including— (3) CONTRACTING AUTHORITY.—To the extent waste, fraud, and abuse. (A) the oversight and accounting of the ob- and in such amounts as may be provided in (6) One example of such successful report- ligation and expenditure of such funds; advance by appropriations Acts, the Inspec- ing is provided by the Special Inspector Gen- (B) the monitoring and review of recon- tor General may enter into contracts and eral for Iraq Reconstruction (SIGIR), which struction activities funded by such funds; other arrangements for audits, studies, anal- has met this objective in the case of Iraq. (C) the monitoring and review of contracts yses, and other services with public agencies (7) The establishment of a Special Inspec- funded by such funds; and with private persons, and make such tor General for Afghanistan Reconstruction (D) the monitoring and review of the trans- payments as may be necessary to carry out (SIGAR) position using SIGIR as a model fer of such funds and associated information the duties of the Inspector General. will help achieve this objective in Afghani- between and among the departments, agen- (4) RESOURCES.—The Secretary of State stan. This position will help Congress and cies, and entities of the United States Gov- shall provide the Inspector General with ap- the American people to better understand ernment, and private and nongovernmental propriate and adequate office space at appro- the challenges facing United States pro- entities; priate United States Government locations grams and projects in that crucial country. (E) the maintenance of records on the use in Afghanistan, together with such equip- (8) It is a priority for Congress to establish of such funds to facilitate future audits and ment, office supplies, and communications a Special Inspector General for Afghanistan investigations of the use of such funds; facilities and services as may be necessary position with similar responsibilities and du- (F) the monitoring and review of the effec- for the operation of such offices, and shall ties as the Special Inspector General for Iraq tiveness of United States coordination with provide necessary maintenance services for Reconstruction. This new position will mon- the Government of Afghanistan and other such offices and the equipment and facilities itor United States assistance to Afghanistan donor countries in the implementation of the located therein. The Secretary of State shall in the civilian and security sectors, under- Afghanistan Compact and the Afghanistan not charge the Inspector General or employ- taking efforts similar to those of the Special National Development Strategy and the effi- ees of the Office of the Inspector General for Inspector General for Iraq Reconstruction. cient utilization of funds for economic recon- Afghanistan Reconstruction for Inter- (b) OFFICE OF INSPECTOR GENERAL.—There struction, social and political development, national Cooperative Administrative Sup- is hereby established the Office of the Spe- and security assistance; and port Services. cial Inspector General for Afghanistan Re- (G) the investigation of overpayments such (5) ASSISTANCE FROM FEDERAL AGENCIES.— construction. as duplicate payments or duplicate billing (A) IN GENERAL.—Upon request of the In- (c) APPOINTMENT OF INSPECTOR GENERAL; and any potential unethical or illegal ac- spector General for information or assist- REMOVAL.— tions of Federal employees, contractors, or ance from any department, agency, or other (1) APPOINTMENT.—The head of the Office of affiliated entities and the referral of such re- entity of the Federal Government, the head the Special Inspector General for Afghani- ports, as necessary, to the Department of of such entity shall, insofar as is practicable stan Reconstruction is the Special Inspector Justice to ensure further investigations, and not in contravention of any existing law, General for Afghanistan Reconstruction (in prosecutions, recovery of further funds, or furnish such information or assistance to the this section referred to as the ‘‘Inspector other remedies. Inspector General, or an authorized designee. General’’), who shall be appointed by the (2) OTHER DUTIES RELATED TO OVERSIGHT.— (B) REPORTING OF REFUSED ASSISTANCE.— President. The Inspector General shall establish, main- Whenever information or assistance re- (2) QUALIFICATIONS.—The appointment of tain, and oversee such systems, procedures, quested by the Inspector General is, in the the Inspector General shall be made solely and controls as the Inspector General con- judgment of the Inspector General, unrea- on the basis of integrity and demonstrated siders appropriate to discharge the duties sonably refused or not provided, the Inspec- ability in accounting, auditing, financial under paragraph (1). tor General shall report the circumstances analysis, law, management analysis, public (3) DUTIES AND RESPONSIBILITIES UNDER IN- to the Secretary of Defense and the Sec- administration, or investigations. SPECTOR GENERAL ACT OF 1978.—In addition to retary of State and the appropriate commit- (3) DEADLINE FOR APPOINTMENT.—The nomi- the duties specified in paragraphs (1) and (2), tees of Congress without delay. nation of an individual as Inspector General the Inspector General shall also have the du- (h) REPORTS.— shall be made not later than 30 days after ties and responsibilities of inspectors general (1) QUARTERLY REPORTS.—Not later than 30 the date of the enactment of this Act. under the Inspector General Act of 1978. days after the end of each fiscal-year quar- (4) REMOVAL.—The Inspector General shall (4) COORDINATION OF EFFORTS.—In carrying ter, the Inspector General shall submit to be removable from office in accordance with out the duties, and responsibilities, and au- the appropriate congressional committees a the provisions of section 3(b) of the Inspector thorities of the Inspector General under this report summarizing, for the period of that General Act of 1978 (5 U.S.C. App.). section, the Inspector General shall coordi- quarter and, to the extent possible, the pe- (5) PROHIBITION ON POLITICAL ACTIVITIES.— nate with, and receive the cooperation of, riod from the end of such quarter to the time For purposes of section 7324 of title 5, United each of the following: of the submission of the report, the activi- States Code, the Inspector General shall not (A) The Inspector General of the Depart- ties during such period of the Inspector Gen- be considered an employee who determines ment of State. eral, including a summary of lessons learned, policies to be pursued by the United States (B) The Inspector General of the Depart- and summarizing the activities under pro- in the nationwide administration of Federal ment of Defense. grams and operations funded with amounts law. (C) The Inspector General of the United appropriated or otherwise made available for (6) COMPENSATION.—The annual rate of States Agency for International Develop- the reconstruction of Afghanistan. Each re- basic pay of the Inspector General shall be ment. port shall include, for the period covered by the annual rate of basic pay provided for po- (f) POWERS AND AUTHORITIES.— such report, a detailed statement of all obli- sitions at level IV of the Executive Schedule (1) AUTHORITIES UNDER INSPECTOR GENERAL gations, expenditures, and revenues of the under section 5315 of title 5, United States ACT OF 1978.—In carrying out the duties speci- United States Government associated with Code. fied in subsection (e), the Inspector General reconstruction and rehabilitation activities (d) SUPERVISION.— shall have the authorities provided in sec- in Afghanistan, including the following in- (1) IN GENERAL.—Except as provided in tion 6 of the Inspector General Act of 1978. formation: paragraph (2), the Inspector General shall re- (2) AUDIT STANDARDS.—The Inspector Gen- (A) Obligations and expenditures of appro- port directly to, and be under the general su- eral shall carry out the duties specified in priated funds. pervision of, the Secretary of State and the subsection (e)(1) in accordance with section (B) A project-by-project and program-by- Secretary of Defense. 4(b)(1) of the Inspector General Act of 1978. program accounting of the costs incurred to (2) INDEPENDENCE TO CONDUCT INVESTIGA- (g) PERSONNEL, FACILITIES, AND OTHER RE- date for the reconstruction of Afghanistan, TIONS AND AUDITS.—No officer of the Depart- SOURCES.— together with the estimate of the costs to ment of Defense, the Department of State, or (1) PERSONNEL.—The Inspector General complete each project and each program. the United States Agency for International may select, appoint, and employ such offi- (C) Revenues attributable to or consisting Development shall prevent or prohibit the cers and employees as may be necessary for of funds provided by foreign nations or inter- Inspector General from initiating, carrying carrying out the duties of the Inspector Gen- national organizations to programs and out, or completing any audit or investiga- eral, subject to the provisions of title 5, projects funded by the United States Govern- tion, or from issuing any subpoena during United States Code, governing appointments ment, and any obligations or expenditures of the course of any audit or investigation. in the competitive service, and the provi- such revenues.

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(D) Revenues attributable to or consisting (i) WAIVER.— (1) IN GENERAL.—The Office of the Special of foreign assets seized or frozen that con- (1) AUTHORITY.—The President may waive Inspector General for Afghanistan Recon- tribute to programs and projects funded by the requirement under paragraph (1) or (3) of struction shall terminate on September 30, the United States Government, and any obli- subsection (h) for the inclusion in a report 2010, with transition operations authorized gations or expenditures of such revenues. under such paragraph of any element other- to continue until December 31, 2010. (E) Operating expenses of agencies or enti- wise provided for under such paragraph if the (2) FINAL ACCOUNTABILITY REPORT.—The In- ties receiving amounts appropriated or oth- President determines that the waiver is jus- spector General shall, prior to the termi- erwise made available for the reconstruction tified for national security reasons. nation of the Office of the Special Inspector of Afghanistan. (2) NOTICE OF WAIVER.—The President shall General for Afghanistan Reconstruction (F) In the case of any contract, grant, publish a notice of each waiver made under under paragraph (1), prepare and submit to agreement, or other funding mechanism de- this subsection in the Federal Register not the appropriate congressional committees a scribed in paragraph (2)— later than the date on which the report re- final accountability report on all referrals (i) the amount of the contract, grant, quired under paragraph (1) or (3) of sub- for the investigation of any potential uneth- agreement, or other funding mechanism; section (h) is submitted to the appropriate ical or illegal actions of Federal employees, (ii) a brief discussion of the scope of the congressional committees. The report shall contractors, or affiliated entities made to contract, grant, agreement, or other funding specify whether waivers under this sub- the Department of Justice or any other mechanism; section were made and with respect to which United States law enforcement entity to en- (iii) a discussion of how the United States elements. sure further investigations, prosecutions, or Government entity or entities involved in (j) DEFINITIONS.—In this section: remedies. the contract or grant identified, and solic- (1) AMOUNTS APPROPRIATED OR OTHERWISE ited offers from, potential contractors or MADE AVAILABLE FOR THE RECONSTRUCTION OF SA 3013. Mr. VOINOVICH submitted grantees to perform the contract or grant, AFGHANISTAN.—The term ‘‘amounts appro- an amendment intended to be proposed together with a list of the potential contrac- priated or otherwise made available for the by him to the bill H.R. 1585, to author- tors or grantees that were issued solicita- reconstruction of Afghanistan’’ means— tions for the offers; ize appropriations for fiscal year 2008 (A) amounts appropriated or otherwise for military activities of the Depart- (iv) the justification and approval docu- made available for any fiscal year— ments on which was based the determination ment of Defense, for military construc- (i) to the Afghanistan Security Forces tion, and for defense activities of the to use procedures other than procedures that Fund; provide for full and open competition; and (ii) to the program to assist the people of Department of Energy, to prescribe (v) a description of any previous instances Afghanistan established under section military personnel strengths for such of wasteful and fraudulent activities in Af- 1202(a)(2) of the National Defense Authoriza- fiscal year, and for other purposes; ghanistan by current or potential contrac- tion Act for Fiscal Year 2006 (Public Law which was ordered to lie on the table; tors, subcontactors, or grantees and whether 109–163; 119 Stat. 3455); and and how they were held accountable. as follows: (iii) to the Department of Defense for as- (G) A description of any potential uneth- At the end of subtitle C of title XV, add the sistance for the reconstruction of Afghani- ical or illegal actions taken by Federal em- following: stan under any other provision of law; and ployees, contractors, or affiliated entities in SEC. 1535. RESPONSIBLE REDUCTION OF UNITED (B) amounts appropriated or otherwise the course of reconstruction efforts. STATES FORCES IN IRAQ. made available for any fiscal year for Af- (2) COVERED CONTRACTS, GRANTS, AGREE- (a) FINDINGS.—Congress makes the fol- ghanistan reconstruction under the fol- MENTS, AND FUNDING MECHANISMS.—A con- lowing findings: tract, grant, agreement, or other funding lowing headings or for the following pur- (1) The precipitous withdrawal of United mechanism described in this paragraph is poses: States forces from Iraq would have dan- any major contract, grant, agreement, or (i) Operating Expenses of the United States gerous consequences for the national secu- other funding mechanism that is entered Agency for International Development. rity of the United States and our allies, in- into by the United States Government with (ii) Economic Support Fund. cluding the potential for destabilization of any public or private sector entity for any of (iii) International Narcotics Control and the Middle East region, the disintegration of the following purposes: Law Enforcement. United States relations with United States (A) To build or rebuild physical infrastruc- (iv) International Affairs Technical Assist- allies in the region, the endangerment of ture of Afghanistan. ance. vital energy supplies in the region, and irrep- (B) To establish or reestablish a political (v) Peacekeeping Operations. arable damage to the credibility of the or societal institution of Afghanistan. (vi) Diplomatic and Consular Programs. United States throughout the world. (C) To provide products or services to the (vii) Embassy Security, Construction, and (2) The United States must remain engaged people of Afghanistan. Maintenance. in Iraq and the Middle East region for the (3) SEMIANNUAL REPORT.—Not later than (viii) Child Survival and Health. foreseeable future to protect our national se- December 31, 2007, and semiannually there- (ix) Development Assistance. curity interests. after, the Inspector General shall submit to (x) International Military Education and (3) There are limits on the forces the the appropriate congressional committees a Training. United States has available for deployment, report meeting the requirements of section 5 (xi) Nonproliferation, Anti-terrorism, and those limits necessitate a reduction in of the Inspector General Act of 1978. Demining and Related Programs. United States forces in Iraq. (4) PUBLIC TRANSPARENCY.—The Inspector (xii) Public Law 480 Title II Grants. (4) General Petraeus has stated that a re- General shall post each report required (xiii) International Disaster and Famine duction in United States forces in Iraq will under this subsection on a public and search- Assistance. be imminent as a result of security gains in able website not later than 7 days after the (xiv) Migration and Refugee Assistance. Iraq and the limits on United States forces Inspector General submits the report to the (xv) Operations of the Drug Enforcement available for deployment. appropriate congressional committees. Agency. (b) RESPONSIBLE REDUCTION OF UNITED (5) LANGUAGES.—The Inspector General (2) APPROPRIATE CONGRESSIONAL COMMIT- STATES FORCES IN IRAQ.—The President shall shall publish on a publicly available Internet TEES.—The term ‘‘appropriate congressional commence a responsible reduction in the website each report under this subsection in committees’’ means— number of United States forces in Iraq com- English and other languages that the Inspec- (A) the Committees on Appropriations, mencing not later than 120 days after the tor General determines are widely used and Armed Services, Foreign Relations, and date of the enactment of this Act. understood in Afghanistan. Homeland Security and Governmental Af- (c) IMPLEMENTATION OF REDUCTION AS PART (6) FORM.—Each report submitted under fairs of the Senate; and OF COMPREHENSIVE STRATEGY.— this subsection shall be submitted in unclas- (B) the Committees on Appropriations, (1) IN GENERAL.—The reduction in United sified form, but may include a classified Armed Services, Foreign Affairs, and Home- States forces required by this section shall annex as the Inspector General determines land Security of the House of Representa- be implemented as part of a comprehensive necessary. tives. diplomatic, political, and economic strategy (7) LIMITATION ON PUBLIC DISCLOSURE OF (3) EXECUTIVE AGENCY.—The term ‘‘execu- that will include increased engagement with CERTAIN INFORMATION.—Nothing in this sub- tive agency’’ has the meaning given the term Iraq’s neighbors and the international com- section shall be construed to authorize the in section 105 of title 5, United States Code. munity for the purpose of working collec- public disclosure of information that is— (k) AUTHORIZATION OF APPROPRIATIONS.— tively to bring stability to Iraq. (A) specifically prohibited from disclosure (1) IN GENERAL.—There is authorized to be (2) INTERNATIONAL MEDIATION.—In carrying by any other provision of law; appropriated $20,000,000 for fiscal year 2008 to out the strategy described in paragraph (1), (B) specifically required by Executive carry out this section. the President shall instruct the United order to be protected from disclosure in the (2) OFFSET.—The amount authorized to be States Permanent Representative to the interest of national defense or national secu- appropriated by section 1512 for the Afghani- United Nations to use the voice, vote, and in- rity or in the conduct of foreign affairs; or stan Security Forces Fund is hereby reduced fluence of the United States at the United (C) a part of an ongoing criminal investiga- by $20,000,000. Nations to seek the appointment of a senior tion. (l) TERMINATION.— representative of the Secretary General of

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00135 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11910 CONGRESSIONAL RECORD — SENATE September 20, 2007 the United Nations to Iraq who has the au- Strike section 824 and insert the following: Secretary shall procure the new individual thority of the international community to SEC. 824. COMPTROLLER GENERAL REPORT ON weapon through one or more contracts en- engage political, religious, ethnic, and tribal EMPLOYMENT OPPORTUNITIES FOR tered into after full and open competition leaders in Iraq in an inclusive political proc- FEDERAL PRISONERS. described in paragraph (2). ess. (a) IN GENERAL.—Not later than 180 days (2) FULL AND OPEN COMPETITION.—The full (3) SENSE OF CONGRESS.—It is the sense of after the date of the enactment of this Act, and open competition described in this para- Congress that, in carrying out the strategy the Comptroller General of the United States graph is full and open competition among all described in paragraph (1), the President shall, in coordination with the Attorney responsible manufacturers that— should— General, submit to Congress a report setting (A) is open to all developmental item solu- (A) work with the United Nations to con- forth such modifications to law or regula- tions and nondevelopmental item (NDI) solu- tinue the efforts initiated at Sharm El tions as may be required to provide suffi- tions; and Sheikh in April 2007 and implement fully the cient employment opportunities for Federal (B) provides for the award of the contract terms of the International Compact with re- prisoners to reduce recidivism among, and to or contracts concerned based on selection spect to Iraq; and promote job skills for, the growing popu- criteria that reflect the key performance pa- (B) support the decision of the United Na- lation of Federal prisoners. rameters and attributes identified in an tions Security Council on August 10, 2007, to (b) ELEMENTS.—The report shall include an Army-approved service requirements docu- strengthen the mandate of the United Na- assessment of the following: ment. tions Assistance Mission in Iraq in areas (1) The effect of the current Federal Prison (e) REPORT ON JOINT ENHANCED CARBINE.— such as national reconciliation, regional dia- Industries program on private industry. Not later than 120 days after the date of the logue, humanitarian assistance, and human (2) The impact of limitations on authorized enactment of this Act, Secretary of Defense rights. purchasers of Federal Prison Industries prod- shall submit to the congressional defense (d) LIMITED PRESENCE OF UNITED STATES ucts, and proposed alternative employment committees a report on the feasibility and FORCES AFTER REDUCTION.—The goal of the opportunities for Federal prisoners that may advisability of each of the following: reduction of United States required by this be used to reduce any negative impact on the (1) The certification of a Joint Enhanced section shall be a limited presence for United Federal Prison Industries program of the Carbine requirement that does not require States forces in Iraq at the completion of the modifications set forth in subsection (a). commonality with existing technical data. reduction, with the missions of United (2) The award of contracts for all available States forces in Iraq after the completion of SA 3015. Mr. SESSIONS submitted an nondevelopmental carbines in lieu of a devel- the reduction limited to the following: amendment intended to be proposed by opmental program intended to meet the pro- (1) Protecting United States and coalition posed Joint Enhanced Carbine requirement. him to the bill H.R. 1585, to authorize (3) The reprogramming of funds for the personnel and infrastructure. appropriations for fiscal year 2008 for (2) Training, equipping, and providing lo- procurement of small arms from the procure- military activities of the Department ment of M4 Carbines to the procurement of gistic support to the Iraqi Security Forces. of Defense, for military construction, (3) Engaging in targeted counterterrorism Joint Enhanced Carbines authorized only as operations against al Qaeda, al Qaeda affili- and for defense activities of the De- the result of competition. ated groups, and other international ter- partment of Energy, to prescribe mili- (4) The use of rapid equipping authority to rorist organizations. tary personnel strengths for such fiscal procure weapons under $2,000 per unit that (4) Providing support for targeted oper- year, and for other purposes; which was meet service-approved requirements, which ations by Iraqi Security Forces against ex- weapons may be nondevelopmental items se- ordered to lie on the table; as follows: lected through full and open competition. tremist militia groups, such as Jaish al At the end of subtitle B of title I, add the Mahdi, which conduct attacks against following: SA 3016. Mr. HATCH (for himself and United States forces and Iraqi Security SEC. 115. M4 CARBINE RIFLE. Mr. BENNETT) submitted an amend- Forces. (a) FINDINGS.—Congress makes the fol- (5) Engaging in counterinsurgency oper- ment intended to be proposed by him lowing findings: ations which support the counterterrorism to the bill H.R. 1585, to authorize ap- (1) The members of the Armed Forces are mission described in paragraph (3). propriations for fiscal year 2008 for entitled to the best individual combat weap- (6) Providing personnel and support to Pro- military activities of the Department ons available in the world today. visional Reconstruction Teams until civilian (2) Full and open competition in procure- of Defense, for military construction, personnel can be recruited to fill positions in ment is required by law, and is the most ef- and for defense activities of the De- such teams. fective way of selecting the best individual partment of Energy, to prescribe mili- (7) Sharing information and intelligence as combat weapons for the Armed Forces at the tary personnel strengths for such fiscal necessary with Iraqi Security Forces to best price. year, and for other purposes; which was achieve the missions described in paragraphs (3) The M4 carbine rifle is currently the in- ordered to lie on the table; as follows: (1) through (6). dividual weapon of choice for the Army, and (e) REPORT ON REDUCTION.—Not later than At the end of title X, add the following: it is procured through a sole source contract. 180 days after the date of the enactment of SEC. 1070. REPORT ON SOLID ROCKET MOTOR IN- (4) The M4 carbine rifle has been proven in this Joint Resolution, the Secretary of De- DUSTRIAL BASE. combat and meets or exceeds the existing re- fense shall submit to Congress a report set- (a) REPORT.—Not later than 190 days after quirements for carbines. ting forth the following: the date of the enactment of this Act, the (5) The Army Training and Doctrine Com- (1) The scheduled date of the completion of Secretary of Defense shall submit to the con- mand is conducting a full Capabilities Based the reduction and transition of United gressional defense committees a report on Assessment (CBA) of the small arms of the States forces in Iraq to a limited presence of the status, capability, viability, and capac- Army which will determine whether or not ity of the solid rocket motor industrial base carrying out the missions specified in sub- gaps exist in the current capabilities of such in the United States. section (d). small arms and inform decisions as to wheth- (b) CONTENT.—The report required under (2) A comprehensive description of efforts er or not a new individual weapon is required subsection (a) shall include the following: to prepare for the reduction and transition of to address such gaps. (1) An assessment of the ability to main- United States forces in Iraq in accordance (b) SENSE OF CONGRESS.—It is the sense of tain the Minuteman III intercontinental bal- with this Joint Resolution and to limit any Congress that the Secretary of Defense listic missile through its planned oper- destabilizing consequences of such reduction should consider establishing a new program ational life. and transition, including a description of ef- of record for the Joint Enhanced Carbine not (2) An assessment of the ability to main- forts to work with the United Nations and later than October 1, 2008. tain the Trident II D-5 submarine launched allies in the region toward that objective. (c) REPORT ON CAPABILITIES BASED ASSESS- ballistic missile through its planned oper- ational life. SA 3014. Mr. SESSIONS (for himself, MENT.—Not later than 90 days after the date of the enactment of this Act, the Secretary (3) An assessment of the ability to main- Mrs. FEINSTEIN, and Mr. SPECTER) sub- of the Army shall submit to the congres- tain all other space launch, missile defense, mitted an amendment intended to be sional defense committees a report on the and other vehicles with solid rocket motors, proposed by him to the bill H.R. 1585, Capabilities Based Assessment of the small through their planned operational lifetimes. to authorize appropriations for fiscal arms of the Army referred to in subsection (4) An assessment of the ability to support year 2008 for military activities of the (a)(5). any future requirements for vehicles with Department of Defense, for military (d) COMPETITION FOR NEW INDIVIDUAL solid rocket motors to support space launch, construction, and for defense activities WEAPON.— missile defense, or any range of ballistic mis- of the Department of Energy, to pre- (1) COMPETITION REQUIRED.—In the event siles determined to be necessary to meet de- the Capabilities Based Assessment identifies fense needs or other requirements of the scribe military personnel strengths for gaps in the current capabilities of the small United States Government. such fiscal year, and for other pur- arms of the Army and the Secretary of the (5) An assessment of the required mate- poses; which was ordered to lie on the Army determines that a new individual rials, the supplier base, the production facili- table; as follows: weapon is required to address such gaps, the ties, and the production workforce needed to

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00136 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11911 ensure that current and future requirements fore the Committee on Armed Services of the Iraq security with representatives of the could be met. Senate on September 6, 2007, that ‘‘[w]e Government of the Islamic Republic of Iran. (6) An assessment of the adequacy of the judge that the goings-on across the Iranian (14) Ambassador Crocker testified before current and anticipated programs to support border in particular are of extreme severity Congress on September 10, 2007, with respect an industrial base that would be needed to and have the potential of at least delaying to these talks, stating that ‘‘I laid out the support the range of future requirements. our efforts inside the country. Many of the concerns we had over Iranian activity that (c) COMPTROLLER GENERAL REVIEW.—Not arms and weapons that kill and maim our was damaging to Iraq’s security, but found later than 60 days after submittal under sub- soldiers are coming from across the Iranian no readiness on Iranians’ side at all to en- section (a) of the report required by that border’’. gage seriously on these issues. The impres- subsection, the Comptroller General of the (6) General Petraeus said of Iranian sup- sion I came with after a couple rounds is United States shall submit to the congres- port for extremist activity in Iraq on April that the Iranians were interested simply in sional defense committees a report setting 26, 2007, that ‘‘[w]e know that it goes as high the appearance of discussions, of being seen forth the Comptroller General’s assessment as [Brig. Gen. Qassem] Suleimani, who is the to be at the table with the U.S. as an arbiter of the matters contained in the report under head of the Qods Force. . . . We believe that of Iraq’s present and future, rather than ac- subsection (a), including an assessment of he works directly for the supreme leader of tually doing serious business . . . Right now, the consistency of the budget of the Presi- the country’’. I haven’t seen any sign of earnest or serious- dent for fiscal year 2009, as submitted to (7) Mahmoud Ahmedinejad, the president ness on the Iranian side’’. Congress pursuant to section 1105 of title 31, of Iran, stated on August 28, 2007, with re- (15) Ambassador Crocker testified before United States Code, with the matters con- spect to the United States presence in Iraq, Congress on September 11, 2007, stating that tained in the report under subsection (a). that ‘‘[t]he political power of the occupiers is ‘‘[w]e have seen nothing on the ground that collapsing rapidly. Soon we will see a huge would suggest that the Iranians are altering SA 3017. Mr. KYL (for himself, Mr. power vacuum in the region. Of course we what they’re doing in support of extremist LIEBERMAN, and Mr. COLEMAN) proposed are prepared to fill the gap’’. elements that are going after our forces as an amendment to amendment SA 2011 (8) Ambassador Crocker testified to Con- well as the Iraqis’’. gress, with respect to President proposed by Mr. NELSON of Nebraska (b) SENSE OF SENATE.—It is the sense of the (for Mr. LEVIN) to the bill H.R. 1585, to Ahmedinejad’s statement, on September 11, Senate— authorize appropriations for fiscal year 2007, that ‘‘[t]he Iranian involvement in (1) that the manner in which the United Iraq—its support for extremist militias, States transitions and structures its mili- 2008 for military activities of the De- training, connections to Lebanese Hezbollah, tary presence in Iraq will have critical long- partment of Defense, for military con- provision of munitions that are used against term consequences for the future of the Per- struction, and for defense activities of our force as well as the Iraqis—are all, in my sian Gulf and the Middle East, in particular view, a pretty clear demonstration that the Department of Energy, to prescribe with regard to the capability of the Govern- Ahmedinejad means what he says, and is al- military personnel strengths for such ment of the Islamic Republic of Iran to pose ready trying to implement it to the best of fiscal year, and for other purposes; as a threat to the security of the region, the his ability’’. follows: prospects for democracy for the people of the (9) General Petraeus stated on September region, and the health of the global econ- At the end of subtitle C of title XV, add the 12, 2007, with respect to evidence of the com- following: plicity of Iran in the murder of members of omy; SEC. 1535. SENSE OF SENATE ON IRAN. the Armed Forces of the United States in (2) that it is a vital national interest of the (a) FINDINGS.—The Senate makes the fol- Iraq, that ‘‘[t]e evidence is very, very clear. United States to prevent the Government of lowing findings: We captured it when we captured Qais the Islamic Republic of Iran from turning (1) General David Petraeus, commander of Khazali, the Lebanese Hezbollah deputy com- Shi’a militia extremists in Iraq into a the Multi-National Force Iraq, stated in tes- mander, and others, and it’s in black and Hezbollah-like force that could serve its in- timony before a joint session of the Com- white. . . . We interrogated these individ- terests inside Iraq, including by over- mittee on Armed Services and the Com- uals. We have on tape. . . . Qais Khazali him- whelming, subverting, or co-opting institu- mittee on Foreign Affairs of the House of self. When asked, could you have done what tions of the legitimate Government of Iraq; Representatives on September 10, 2007, that you have done without Iranian support, he (3) that it should be the policy of the ‘‘[i]t is increasingly apparent to both coali- literally throws up his hands and laughs and United States to combat, contain, and roll tion and Iraqi leaders that Iran, through the says, of course not. . . . So they told us back the violent activities and destabilizing use of the Iranian Republican Guard Corps about the amounts of money that they have influence inside Iraq of the Government of Qods Force, seeks to turn the Shi’a militia received. They told us about the training the Islamic Republic of Iran, its foreign extremists into a Hezbollah-like force to that they received. They told us about the facilitators such as Lebanese Hezbollah, and serve its interests and fight a proxy war ammunition and sophisticated weaponry and its indigenous Iraqi proxies; against the Iraqi state and coalition forces all of that that they received’’. (4) to support the prudent and calibrated in Iraq’’. (10) General Petraeus further stated on use of all instruments of United States na- (2) Ambassador Ryan Crocker, United September 14, 2007, that ‘‘[w]hat we have got tional power in Iraq, including diplomatic, States Ambassador to Iraq, stated in testi- is evidence. This is not intelligence. This is economic, intelligence, and military instru- mony before a joint session of the Com- evidence, off computers that we captured, ments, in support of the policy described in mittee on Armed Services and the Com- documents and so forth. . . . In one case, a paragraph (3) with respect to the Govern- mittee on Foreign Affairs of the House of 22-page document that lays out the planning, ment of the Islamic Republic of Iran and its Representatives on September 10, 2007, that reconnaissance, rehearsal, conduct, and proxies; ‘‘Iran plays a harmful role in Iraq. While aftermath of the operation conducted that (5) that the United States should designate claiming to support Iraq in its transition, resulted in the death of five of our soldiers in the Islamic Revolutionary Guards Corps as a Iran has actively undermined it by providing Karbala back in January’’. foreign terrorist organization under section lethal capabilities to the enemies of the (11) The Department of Defense report to 219 of the Immigration and Nationality Act Iraqi state’’. Congress entitled ‘‘Measuring Stability and and place the Islamic Revolutionary Guards (3) The most recent National Intelligence Security in Iraq’’ and released on September Corps on the list of Specially Designated Estimate on Iraq, published in August 2007, 18, 2007, consistent with section 9010 of Pub- Global Terrorists, as established under the states that ‘‘Iran has been intensifying as- lic Law 109–289, states that ‘‘[t]here has been International Emergency Economic Powers pects of its lethal support for select groups no decrease in Iranian training and funding Act and initiated under Executive Order of Iraqi Shia militants, particularly the JAM of illegal Shi’a militias in Iraq that attack 13224; and [Jaysh al-Mahdi], since at least the begin- Iraqi and Coalition forces and civilians. . . (6) that the Department of the Treasury ning of 2006. Explosively formed penetrator Tehran’s support for these groups is one of should act with all possible expediency to (EFP) attacks have risen dramatically’’. the greatest impediments to progress on rec- complete the listing of those entities tar- (4) The Report of the Independent Commis- onciliation’’. geted under United Nations Security Council sion on the Security Forces of Iraq, released (12) The Department of Defense report fur- Resolutions 1737 and 1747 adopted unani- on September 6, 2007, states that ‘‘[t]he Com- ther states, with respect to Iranian support mously on December 23, 2006 and March 24, mission concludes that the evidence of Iran’s for Shi’a extremist groups in Iraq, that 2007, respectively. increasing activism in the southeastern part ‘‘[m]ost of the explosives and ammunition of the country, including Basra and Diyala used by these groups are provided by the Ira- SA 3018. Mr. SANDERS submitted an provinces, is compelling. . . . It is an accept- nian Islamic Revolutionary Guard Corps– amendment intended to be proposed to ed fact that most of the sophisticated weap- Qods Force. . . For the period of June amendment SA 2011 proposed by Mr. ons being used to ‘defeat’ our armor protec- through the end of August, [explosively NELSON of Nebraska (for Mr. LEVIN) to tion comes across the border from Iran with formed penetrator] events are projected to relative impunity’’. rise by 39 percent over the period of March the bill H.R. 1585, to authorize appro- (5) General (Ret.) James Jones, chairman through May’’. priations for fiscal year 2008 for mili- of the Independent Commission on the Secu- (13) Since May 2007, Ambassador Crocker tary activities of the Department of rity Forces of Iraq, stated in testimony be- has held three rounds of talks in Baghdad on Defense, for military construction, and

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00137 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11912 CONGRESSIONAL RECORD — SENATE September 20, 2007 for defense activities of the Depart- of Veterans Affairs personnel during such de- ment by the Comptroller General of the re- ment of Energy, to prescribe military mobilization procedure in order to achieve sponse of the Defense Finance and Account- personnel strengths for such fiscal the following: ing Service to the decision in Butterbaugh v. year, and for other purposes; which was (1) The voluntary registration of members Department of Justice (336 F.3d 1332 (2003)). of the National Guard and Reserve for health ordered to lie on the table; as follows: (b) ELEMENTS.—The report required by sub- care provided by the Department of Veterans section (a) shall include the following: At the end of subtitle B of title II, add the Affairs. (1) An estimate of the number of members following: (2) The provision of assistance to members of the reserve components of the Armed SEC. 214. GULF WAR ILLNESSES RESEARCH. of the National Guard and Reserve in apply- Forces, both past and present, who are enti- (a) FUNDING.—Of the amount authorized to ing for benefits and services from the De- tled to compensation under the decision in be appropriated by section 201(1) for re- partment of Veterans Affairs. Butterbaugh v. Department of Justice. search, development, test, and evaluation for (3) The provision of information to mem- (2) An assessment of the current policies, Army and available for Medical Advanced bers of the National Guard and Reserve on procedures, and timeliness of the Defense Fi- Technology, $15,000,000 shall be available for the benefits and services available through nance and Accounting Service in imple- the Army Medical Research and Materiel the Department of Veterans Affairs. menting and resolving claims under the deci- Command to carry out, as part of its Medical sion in Butterbaugh v. Department of Jus- Research Program required by Congress, a SA 3020. Mr. COLEMAN submitted an tice. program for Gulf War Illnesses Research. amendment intended to be proposed to (3) An assessment of whether or not the de- (b) PURPOSE.—The purpose of the program amendment SA 2011 proposed by Mr. cisions made by the Defense Finance and Ac- shall be to develop diagnostic markers and NELSON of Nebraska (for Mr. LEVIN) to counting Service in implementing the deci- treatments for the complex of symptoms the bill H.R. 1585, to authorize appro- sion in Butterbaugh v. Department of Jus- commonly known as ‘‘Gulf War Illnesses tice follow a consistent pattern of resolu- (GWI)’’, including widespread pain, cognitive priations for fiscal year 2008 for mili- tary activities of the Department of tion. impairment, and persistent fatigue in con- (4) An assessment of whether or not the de- junction with diverse other symptoms and Defense, for military construction, and cisions made by the Defense Finance and Ac- abnormalities, that are associated with serv- for defense activities of the Depart- counting Service in implementing the deci- ice in the Southwest Asia theater of oper- ment of Energy, to prescribe military sion in Butterbaugh v. Department of Jus- ations in the early 1990s during the Persian personnel strengths for such fiscal tice are resolving claims by providing more Gulf War. year, and for other purposes; which was compensation than an individual has been (c) PROGRAM ACTIVITIES.— ordered to lie on the table; as follows: able to prove, under the rule of construction (1) Highest priority under the program that laws providing benefits to veterans are At the end of subtitle F of title V, add the shall be afforded to pilot and observational liberally construed in favor of the veteran. following: studies of treatments for the complex of (5) An estimate of the total amount of symptoms described in subsection (b) and SEC. 574. INNOCENT CHILD PROTECTION IN EXE- compensation payable to members of the re- CUTION OF SENTENCES OF DEATH. comprehensive clinical trials of such treat- serve components of the Armed Forces, both Section 857 of title 10, United States Code ments that have demonstrated effectiveness past and present, as a result of the recent de- (article 57 of the Uniform Code of Military in previous past pilot and observational cision in Hernandez v. Department of the Air Justice), is amended— studies. Force (No. 2006–3375, slip op.) that leave can (1) in subsection (c), by adding at the end (2) Secondary priority under the program be reimbursed for Reserve service before the following new sentence: ‘‘However, in the shall be afforded to studies that identify ob- 1994, when Congress enacted chapter 43 of case of a sentence of death, the convening jective markers for such complex of symp- title 38, United States Code (commonly re- authority shall delay execution of sentence toms and biological mechanisms underlying ferred to as the ‘‘Uniformed Services Em- to the extent necessary to prevent the death such complex of symptoms that can lead to ployment and Reemployment Rights Act’’). of an innocent child in utero.’’; and the identification and development of such (6) A comparative assessment of the han- (2) by adding at the end the following new markers and treatments. dling of claims by the Defense Finance and subsections: (3) No study shall be funded under the pro- Accounting Service under the decision in ‘‘(d) PROTECTION OF INNOCENT CHILD IN gram that is based on psychiatric illness and Butterbaugh v. Department of Justice with UTERO IN EXECUTION OF SENTENCE OF psychological stress as the central cause of the handling of claims by other Federal DEATH.—It shall be unlawful for any author- such complex of symptoms (as is consistent agencies (selected by the Comptroller Gen- ity, military or civil, of the United States, a with current research findings). eral for purposes of the comparative assess- State, or any district, possession, common- (d) COMPETITIVE SELECTION AND PEER RE- ment) under that decision. wealth or other territory under the author- VIEW.—The program shall be conducted using (7) A statement of the number of claims by ity of the United States to carry out a sen- competitive selection and peer review for the members of the reserve components of the tence of death on a woman while she carries identification of activities having the most Armed Forces under the decision in an innocent child in utero. substantial scientific merit, utilizing indi- Butterbaugh v. Department of Justice that ‘‘(e) INNOCENT CHILD IN UTERO DEFINED.—In viduals with recognized expertise in Gulf have been adjudicated by the Defense Fi- this section, the term ‘innocent child in War illnesses in the design of the solicitation nance and Accounting Service. utero’ means a member of the species homo and in the scientific and programmatic re- (8) A statement of the number of claims by sapiens, at any stage of development, who is view processes. members of the reserve components of the carried in the womb.’’. Armed Forces under the decision in SA 3019. Mr. SANDERS submitted an Mr. THUNE submitted an Butterbaugh v. Department of Justice that amendment intended to be proposed to SA 3021. have been denied by the Defense Finance and amendment SA 2011 proposed by Mr. amendment intended to be proposed to Accounting Service. NELSON of Nebraska (for Mr. LEVIN) to amendment SA 2011 proposed by Mr. (9) A comparative assessment of the aver- the bill H.R. 1585, to authorize appro- NELSON of Nebraska (for Mr. LEVIN) to age amount of time required for the Defense priations for fiscal year 2008 for mili- the bill H.R. 1585, to authorize appro- Finance and Accounting Service to resolve a tary activities of the Department of priations for fiscal year 2008 for mili- claim under the decision in Butterbaugh v. Defense, for military construction, and tary activities of the Department of Department of Justice with the average amount of time required by other Federal for defense activities of the Depart- Defense, for military construction, and for defense activities of the Depart- agencies (as so selected) to resolve a claim ment of Energy, to prescribe military under that decision. personnel strengths for such fiscal ment of Energy, to prescribe military (10) A comparative statement of the back- year, and for other purposes; which was personnel strengths for such fiscal log of claims with the Defense Finance and ordered to lie on the table; as follows: year, and for other purposes; which was Accounting Service under the decision in At the end of subtitle C of title V, add the ordered to lie on the table; as follows: Butterbaugh v. Department of Justice with following: At the end of subtitle D of title X, add the the backlog of claims of other Federal agen- cies (as so selected) under that decision. SEC. 536. ENHANCEMENT OF REVERSE SOLDIER following: (11) An estimate of the amount of time re- READINESS PROCESSING DEMOBILI- SEC. 1044. COMPTROLLER GENERAL REPORT ON ZATION PROCEDURE FOR MEMBERS DEFENSE FINANCE AND ACCOUNT- quired for the Defense Finance and Account- OF THE NATIONAL GUARD AND RE- ING SERVICE RESPONSE TO ing Service to resolve all outstanding claims SERVE. BUTTERBAUGH V. DEPARTMENT OF under the decision in Butterbaugh v. Depart- The Secretary of Defense and the Sec- JUSTICE. ment of Justice. retary of Veterans Affairs shall jointly mod- (a) IN GENERAL.—Not later than 180 days (12) An assessment of the reasonableness of ify the demobilization procedure for mem- after the date of the enactment of this Act, the requirement of the Defense Finance and bers of the Armed Forces known as Reverse the Comptroller General of the United States Accounting Service for the submittal by Soldier Readiness Processing by providing shall submit to the congressional defense members of the reserve components of the for the presence of appropriate Department committees a report setting forth an assess- Armed Forces of supporting documentation

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00138 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11913 for claims under the decision in Butterbaugh mittee on Finance be authorized to The PRESIDING OFFICER. Without v. Department of Justice. meet during the session of the Senate objection, it is so ordered. (13) A comparative assessment of the re- on Thursday, September 20, 2007, at 10 SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- quirement of the Defense Finance and Ac- a.m., in room 215 of the Dirksen Senate counting Service for the submittal by mem- AGEMENT, GOVERNMENT INFORMATION, FED- bers of the reserve components of the Armed Office Building, to hear testimony on ERAL SERVICES, AND INTERNATIONAL SECU- Forces of supporting documentation for ‘‘Frozen Out: A Review of Bank Treat- RITY claims under the decision in Butterbaugh v. ment of Social Security Benefits’’ . Department of Justice with the requirement The PRESIDING OFFICER. Without Mr. LEVIN. Mr. President, I ask of other Federal agencies (as so selected) for objection, it is so ordered. unanimous consent that the Sub- the submittal by such members of sup- COMMITTEE ON THE JUDICIARY committee on Federal Financial Man- porting documentation for such claims. Mr. LEVIN. Mr. President, I ask agement, Government Information, (14) Such recommendations for legislative unanimous consent that the Senate Federal Services, and International Se- action as the Comptroller General considers curity of the Committee on Homeland appropriate in light of the decision in Committee on the Judiciary be author- ized to meet in order to conduct a Security and Governmental Affairs be Butterbaugh v. Department of Justice and authorized to meet on Thursday, Sep- the decision in Hernandez v. Department of markup on Thursday, September 20, the Air Force. 2007, at 10 a.m. in the Dirksen Senate tember 20, 2007, at 2:30 p.m. for a hear- ing entitled ‘‘High Risk IT Invest- f Office Building Room 226. ments: Is Poor Management Leading to NOTICE OF HEARING Agenda Billions in Waste.’’ COMMITTEE ON ENERGY AND NATURAL I. Bills The PRESIDING OFFICER. Without RESOURCES S. 1845, A bill to provide for limita- objection, it is so ordered. Mr. BINGAMAN. Mr. President, I tions in certain communications be- SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS would like to announce for the infor- tween the Department of Justice and mation of the Senate and the public the White House (Whitehouse, Leahy). Mr. LEVIN. Mr. President, I ask that a bill has been added to a pre- S. 772, Railroad Antitrust Enforce- unanimous consent that the Sub- viously announced hearing before the ment Act of 2007 (Kohl, Coleman, Fein- committee on Public Lands and For- Committee on Energy and Natural Re- gold). ests of the Committee on Energy and sources, Subcommittee on National S. 1267, Free Flow of Information Act Natural Resources be authorized to Parks. of 2007 (Lugar, Dodd, Graham). hold a hearing during the session of the The hearing will be held on Sep- S. 1703, Trafficking in Persons Ac- Senate on Thursday, September 20, tember 27, 2007, at 2:30 p.m. in room countability Act of 2007 (Durbin, 2007, at 2:30 p.m. in room SD–366 of the SD–366 of the Dirksen Senate Office Coburn). Dirksen Senate Office Building. Building. The bill is S. 1039, a bill to extend the II. Nominations The purpose of the hearing is to re- authorization for the Coastal Heritage Jennifer Walker Elrod to be United ceive testimony on S. 1377, to direct Trail in the State of New Jersey. States Circuit Judge for the Fifth Cir- the Secretary of the Interior to convey Because of the limited time available cuit. to the city of Henderson, NV, certain for the hearing, witnesses may testify Patrick Shen, Special Counsel for Federal land located in the city, and by invitation only. However, those Immigration Related Unfair Employ- for other purposes; S. 1433, to amend wishing to submit written testimony ment Practices. the Alaska National Interest Lands for the hearing record should send it to The PRESIDING OFFICER. Without Conservation Act to provide competi- the Committee on Energy and Natural objection, it is so ordered. tive status to certain Federal employ- Resources, United States Senate, COMMITTEE ON SMALL BUSINESS AND ees in the State of Alaska; S. 1608 and Washington, DC 20510–6150, or by e-mail ENTREPRENEURSHIP H.R. 815, to provide for the conveyance to [email protected]. Mr. LEVIN. Mr. President, I ask of certain land in Clark County, NV, gov. unanimous consent that the Com- for use by the Nevada National Guard; For further information, please con- mittee on Small Business and Entre- S. 1740, to amend the act of February tact David Brooks at (202) 224–9863 or preneurship be authorized to meet dur- 22, 1990, and the act of July 2, 1862, to Rachel Pasternack at (202) 224–0883. ing the session of the Senate in order provide for the management of public f to conduct a hearing entitled ‘‘Expand- land trust funds in the State of North ing Opportunities for Women Entre- Dakota; S. 1802, to adjust the bound- AUTHORITY FOR COMMITTEES TO preneurs: The Future of Women’s aries of the Frank Church River of No MEET Small Business Programs:’’ on Thurs- Return Wilderness in the State of COMMITTEE ON ENVIRONMENT AND PUBLIC day, September 20, 2007, beginning at 10 Idaho; S. 1939, to provide for the con- WORKS a.m. in room 428A of the Russell Senate veyance of certain land in the Santa Fe Mr. LEVIN. Mr. President, I ask Office Building. National Forest, NM; and S. 1940, to re- unanimous consent that the Com- The PRESIDING OFFICER. Without authorize the Rio Puerco Watershed mittee on Environment and Public objection, it is so ordered. Management Program, and for other Works be authorized to meet during COMMITTEE ON VETERANS’ AFFAIRS purposes. the session of the Senate on Thursday, Mr. LEVIN. Mr. President, I ask September 20, 2007 at 9:55 a.m. in room unanimous consent for the Committee And to receive testimony on two ad- 406 of the Dirksen Senate Office Build- on Veterans’ Affairs to be authorized ditional bills added to the hearing: S. ing in order to conduct a business to meet during the session of the Sen- 1143, to designate the Jupiter Inlet meeting to consider several General ate on Thursday, September 20, 2007, in Lighthouse and the surrounding Fed- Services Administration Resolutions order to conduct a Joint Hearing to re- eral land in the State of Florida as an and S. 589, a Bill to provide for the ceive the 2007 legislative presentation Outstanding Natural Area and as a unit transfer of certain Federal property to by the American Legion. The Com- of the National Landscape System, and the United States Paralympics, Incor- mittee will meet in 345 Cannon House for other purposes; and S. 2034, to porated, a subsidiary of the United Office Building, at 9:30 a.m. amend the Oregon Wilderness Act of States Olympic Committee, to be fol- The PRESIDING OFFICER. Without 1984 to designate the Copper Salmon lowed immediately with a hearing enti- objection, it is so ordered. Wilderness and to amend the Wild and tled, ‘‘Oversight Hearing to Examine SELECT COMMITTEE ON INTELLIGENCE Scenic Rivers Act to designate seg- the Condition of our Nation’s Bridges.’’ Mr. LEVIN. Mr. President, I ask ments of the North and South Forks of The PRESIDING OFFICER. Without unanimous consent that the Select the Elk River in the State of Oregon as objection, it is so ordered. Committee on Intelligence be author- wild or scenic rivers, and for other pur- COMMITTEE ON FINANCE ized to meet during the session of the poses. Mr. LEVIN. Mr. President, I ask Senate on September 20, 2007 at 2:30 The PRESIDING OFFICER. Without unanimous consent that the Com- p.m. to hold a hearing. objection, it is so ordered.

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00139 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11914 CONGRESSIONAL RECORD — SENATE September 20, 2007 REMOVAL OF INJUNCTION OF SE- The PRESIDING OFFICER. The Whereas approximately 68,000,000 United CRECY—TREATY DOCUMENT NO. clerk will report the resolution by States citizens lack the adequate level of life 110–7 title. insurance coverage needed to ensure a secure The legislative clerk read as follows: financial future for their loved ones; Mr. KERRY. As in executive session, Whereas life insurance products protect I ask unanimous consent that the in- A resolution (S. Res. 324) supporting the against the uncertainties of life by enabling junction of secrecy be removed from goals and ideals of ‘‘National Life Insurance individuals and families to manage the fi- the following treaty transmitted to the Awareness Month.’’ nancial risks of premature death, disability, Senate on September 20, 2007, by the There being no objection, the Senate and long-term care; and President of the United States: Treaty proceeded to consider the resolution. Whereas numerous groups supporting life with the United Kingdom Concerning Mr. JOHNSON. Mr. President, I rise insurance have designated September 2007 as today to recognize September 2007 as ‘‘National Life Insurance Awareness Month’’ Defense Trade Cooperation, Treaty as a means to encourage consumers to take Document No. 110–7. I further ask that National Life Insurance Awareness the actions necessary to achieve financial se- the treaty be considered as having been Month. curity for their loved ones: Now, therefore, read the first time, that it be referred I speak from personal experience be it with accompanying papers to the Com- when I say that you should never take Resolved, That the Senate— mittee on Foreign Relations and or- for granted that you will always wake (1) supports the goals and ideals of ‘‘Na- dered to be printed; and that the Presi- up tomorrow in the same condition you tional Life Insurance Awareness Month’’; dent’s message be printed in the are in today. We can never be sure and when our time will come, and it is al- (2) calls on the Federal Government, RECORD. States, localities, schools, nonprofit organi- The PRESIDING OFFICER. Without ways best to be prepared for the unex- zations, businesses, and the citizens of the objection, it is so ordered. pected. An important part of prepared- United States to observe the month with ap- The message of the President is as ness is financial readiness, and that is propriate programs and activities. follows: why National Life Insurance Aware- f To the Senate of the United States: ness Month is needed. I transmit herewith for Senate advice There are 68 million Americans ei- ORDERS FOR FRIDAY, SEPTEMBER and consent to ratification the Treaty ther with no life insurance or who are 21, 2007 Between the Government of the United underinsured. It is concerning that Mr. KERRY. Mr. President, I ask States of America and the Government there is such a large segment of the unanimous consent that when the Sen- of the United Kingdom of Great Britain adult population in this country with- ate completes its business today, it and Northern Ireland Concerning De- out proper financial planning tools. In stand adjourned until 9:15 a.m., Friday, fense Trade Cooperation, done at Wash- a time of loss, a life insurance policy September 21; that on Friday, fol- ington and London on June 21 and 26, can mean the difference between hav- lowing the prayer and pledge, the Jour- 2007. I transmit, for the information of ing to sell the family home, pulling the nal of proceedings be approved to date, the Senate, the report of the Depart- kids out of college, or even, in some the morning hour be deemed expired, ment of State concerning this Treaty. cases, having enough money to put the time for the two leaders reserved My Administration is prepared to food on the table. I want to commend for their use later in the day; that the provide to the Senate for its informa- the National Association of Insurance Senate then resume consideration of tion other relevant documents, includ- and Financial Advisors and the Life In- H.R. 1585, the Department of Defense ing proposed implementing arrange- surance Foundation for Education as authorization, as provided for under a ments to be concluded pursuant to the well as more than 100 insurance compa- previous order. Treaty, relevant correspondence with nies for their effort to raise consumer The PRESIDING OFFICER. Without the Government of the United Kingdom awareness of the important role that objection, it is so ordered. life insurance products can play in about the Treaty, and proposed amend- f ments to the International Traffic in helping families plan their financial fu- Arms Regulations. tures. ORDER FOR ADJOURNMENT This Treaty will allow for greater co- I am also pleased that so many of our Mr. KERRY. Mr. President, again, I operation between the United States local financial advisors and financial know the Senator probably wants to and the United Kingdom, enhancing institutions are already actively in- speak. If there is no further business— the operational capabilities and inter- volved in helping South Dakotans in- after the Senator speaks—I ask unani- operability of the armed forces of both crease savings and plan financial con- mous consent that the Senate stand countries. I recommend that the Sen- tingencies for unexpected events. By adjourned under the previous order, designating September 2007 as ‘‘Life In- ate give early and favorable consider- following Senator SESSIONS’ statement. ation to this Treaty. surance Awareness Month,’’ I hope that The PRESIDING OFFICER. Without GEORGE W. BUSH. the increased national attention on objection, it is so ordered. THE WHITE HOUSE, September 20, 2007. this issue will further encourage people Mr. KERRY. I thank the Chair and f across America to achieve financial se- thank my colleague from Alabama. curity for themselves and their loved JOINT REFERRAL—NOMINATION The PRESIDING OFFICER. The Sen- ones. ator from Alabama is recognized. OF CHRISTOPHER A. PADILLA Mr. KERRY. Mr. President, I ask Mr. KERRY. Mr. President, on behalf unanimous consent that the resolution f of Senator REID, as in executive ses- be agreed to, the preamble be agreed IRAQ sion, I ask unanimous consent that PN to, and the motion to reconsider be laid Mr. SESSIONS. Mr. President, I ap- 861, the nomination of Christopher A. upon the table. preciate the comments of the Senator Padilla to be Under Secretary of Com- The PRESIDING OFFICER. Without from Massachusetts. I believe this mat- merce for International Trade, be objection, it is so ordered. ter is an important one. We have jointly referred to the Finance Com- The resolution (S. Res. 324) was troops in the field who are executing mittee and the Banking Committee. agreed to. the policies we have asked them to exe- The PRESIDING OFFICER. Without The preamble was agreed to. cute. We don’t need to be using buzz objection, it is so ordered. The resolution, with its preamble, words; we need to be talking about f reads as follows: truth and facts and trying to make the NATIONAL LIFE INSURANCE S. RES. 324 right decisions for our country, and for AWARENESS MONTH Whereas life insurance is an essential part the world for that matter. Mr. KERRY. Mr. President, I ask of a sound financial plan; I detect fundamentally in the Sen- Whereas life insurance provides financial unanimous consent that the Senate security for families by helping surviving ator’s comments and from quite a num- now proceed to the consideration of S. members meet immediate and long-term fi- ber of others that they believe, as the Res. 324, which was submitted earlier nancial obligations and objectives in the Senator said, ‘‘there is no real way today. event of a premature death in their family; out,’’ and, in effect, we have a doomed

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00140 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11915 policy that will not be successful. then it says: The Secretary of Defense shoot at those—use force against those Therefore, we should withdraw now. If shall complete the transition of the who wear the al-Qaida T-shirts? This is that is the fact, I would agree we U.S. forces to a limited presence and not a practical, realistic directive to should withdraw now. So that is why I missions by not later than 9 months the U.S. military. We are not capable think we need to analyze this very after the enactment of this date. So of deciding how to deploy the forces we point. this is basically a 9-month mandated have there. We are just not capable. Last fall, a lot of people were worried withdrawal in Iraq, whether it creates This is a bunch of politicians—that is about what was happening in Iraq. I instability and problems in places and all we are—doing our best effort to certainly was. I visited Iraq in October. puts our soldiers at greater risk or not. serve the people. We don’t have to be I visited Al Anbar. It was a very trou- Unrelated to the facts on the ground, it bound—I certainly agree—by a report bling report we received from the ma- is an absolute, mandated withdrawal. from a general or the President. rines. It caused me great concern. Re- Now, if we were doomed to failure, We can act if we choose to act. But markably, Al Anbar region has shown, maybe this is what we ought to do, but we need to ask ourselves, are we going almost overnight, tremendous I don’t believe we are doomed to fail- to dismiss the testimony of our top progress. ure. I believe, as Senator LIEBERMAN generals and the independent Jones But let’s go to the facts. The Con- said, there are a number of things that commission about the progress that is gress asked General Jimmy Jones and can cause us to feel better, and General being made and the realistic chance of his commission in May to independ- Petraeus has certainly infused our ef- success that exists? In fact, I think it ently evaluate Iraq when we did the fort with more leadership and effec- may be a realistic fact that one reason funding for the surge. General Jimmy tiveness and purpose. His tactics uti- Osama bin Laden is all over the tele- Jones’s report dealt with the fun- lizing counterinsurgency principles vision apparently in the last few days damentals we are facing. I asked him seem to have made some real progress. is because he is getting worried. The did he believe it was realistically pos- For example, he told us he is embed- Sunni support area of Al Anbar in Iraq sible that we could be successful in ding his soldiers with the local people has turned against him and his people, Iraq. And he said: Yes, sir. I asked him and the local forces to an extraor- and they are fighting against him and did a single member of his 20-member dinary degree, compared to what we have devastated much of their capa- commission believe that we were have done before. As a matter of fact, bility in the Al Anbar region—a direct doomed to failure in Iraq, and he I asked him about that. I said: What change from what I was told last Octo- looked around and asked his commis- are you doing differently? He seemed ber when that was not occurring. We sion members, and none of them said to, I have to say, appreciate the ques- are working with local police, local that was their view. They all believed tion because he had been asked so mayors, local tribal leaders, and that is we had a realistic chance of success. I many other things. But he is doing yielding progress to a degree we have asked General Petraeus did he believe things differently, and he explained not seen before in Iraq. It appears to be we had a realistic chance of success in some of the things he is doing. We are a model that can lead us more success- fully than trying to meet with a bunch Iraq, and he said, yes. embedding our soldiers with their sol- So I guess what I would say is, some diers. They are living with them. They of politicians in downtown Baghdad say we do not. I would say the people— are in the neighborhoods. As a result, and trying to reach an accord that is the generals who are leading the effort we are receiving more information, and going to affect something in Fallujah or Samarra or Mosul. Washington, DC, there—say we have a realistic chance the number of caches of weapons that can’t affect Alabama or Nebraska very of success. The independent commis- have been seized so far this year put us on a pace to double the number of well. sion we sent over there of 20 members But this country is not capable of weapons and munitions seizures that unanimously believes we do. So I think issuing orders that can impact success- we have achieved this year, doubling we should base our opinion on the best fully the daily lives in these provinces the previous rate. He said in his mind information we have. As for me, I have and small towns. That is a product of to accept that. that may have something to do with the new nature of that Government and I also factor into that rather dra- the fact that attacks have been down the lack of maturity it has. So we are matic improvements in the reduction and the number of IED attacks have using different tactics that seem to be of violence in Iraq, where within Bagh- dropped 37 percent. He didn’t over- working. dad we have seen a 70-percent reduc- promise or declare that. He said it Well, we have said our military is tion of civilian deaths and a 55-percent might have something to do with that, being damaged and our morale is bad reduction of civilian deaths across the that we are obtaining twice as many and we have real problems there. Cer- country of Iraq. That is very signifi- caches of weapons and seizing those as tainly, we have had a tremendous cant. It is a product of many different a direct result of more and better infor- amount of our military personnel things. It is a product of the new strat- mation from the people of Iraq. there, and they have performed with egy as well as the new troops we sent So I would also join my colleague, the greatest professionalism. They are there. Senator MCCAIN, who certainly knows well trained, well disciplined, well So I have to say to my friends and something about war firsthand, in con- equipped, they know how to use the colleagues in the Senate: Yes, this is a cluding that the limited presence man- equipment with which they have tough vote. Yes, we need to worry and dated in this amendment, the Reed- trained, and they are performing in a agonize and think carefully about the Levin amendment, that says that the magnificent way. They are at risk challenges we are now facing, and we mission of our forces that are left in every day and they are doing their jobs need to make rational decisions. Based Iraq can only be for the following pur- effectively. on the information I have and the com- poses: No. 1, protecting U.S. and coali- For example, a few days ago, a group mittee hearings I have attended in tion personnel and infrastructure—base came to visit my office from Alabama. Armed Services, my 6 visits to Iraq, I security, defending our bases—No. 2, They were called Veterans for Free- think we should not precipitously training, equipping, and providing lo- dom. It was made up of Alabama Army withdraw. Well, they say, this is not a gistic support to the Iraqi security National Guardsmen and Army Reserv- precipitous withdrawal, it is a dead- forces; and No. 3, engaging in tar- ists. I had the honor of being an Army line, and that is going to make the geted—this is a legal mandate—tar- Reservist for 10 years. I never served in Iraqis do better. But it is not a dead- geted counterterrorism operations combat, but I am honored to have been line; it is a precipitous withdrawal. I against al-Qaida, al-Qaida-affiliated one of them. These are citizen soldiers. mean I just have to tell you, let’s deal groups, and other international ter- They recently returned from being mo- with facts. rorist organizations. That is all they bilized in Iraq. These soldiers were all The Levin-Reed amendment says the can do. As Senator MCCAIN said, asking senior noncommissioned officers. They Secretary of Defense shall commence this question: Are they going to wear had demobilized and were back at their the reduction of the number of U.S. T-shirts that say: I am an al-Qaida, I civilian jobs. They asked for a couple forces in Iraq not later than 90 days am a Shia, or a Sunni terrorist; I am a days off to visit the offices of Ala- after the enactment of this act. And Baathist warrior, and we can only bama’s congressional delegation. They

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00141 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11916 CONGRESSIONAL RECORD — SENATE September 20, 2007 had several messages for me. The first tion—currently their best source of protec- have 9 months to withdraw everything message was: We have to win this bat- tion—has succumbed to the calls from home but a token force to train Iraqis and to tle. (which are heard here by civilians and ter- protect your own bases and to chase in- The group truly believes the con- rorists alike) to leave Iraq, and has aban- dividual al-Qaida members and those doned them. tribution their unit had made in the associated with them. We are talking war effort was measurable and positive. So they are hearing the talk here. It about more than a brigade of 5,500 One of the guardsmen had been wound- creates instability and uncertainty for troops a month having to be pulled out. ed in an IED attack early in the de- those who want to stand with us and When you have an area of responsi- ployment. Thankfully, he was not seri- help them to prevail and create a good bility that has been assigned to a mili- ously wounded and he returned to duty. and decent government in Iraq, if they tary brigade and you draw those down, He noted that by the end of the deploy- think we may flee the country the next then somebody has to assume the re- ment, IEDs were no longer a threat in day. Mr. Emanuel says: sponsibility for that territory. How do his area of operation. The message was In April and May of this year, and again you do that? That takes time, plan- simply their service had made a dif- from the beginning of August through the present, I have been embedded [him person- ning, and care. You can get in a with- ference. ally] in some of the most kinetic combat drawal or a situation that costs lives Another message to me was: We can- zones in Iraq, observing General Petraeus’s and will completely destabilize any not afford to lose this fight by simply strategy from the ground level in several dif- progress that has been made. The mili- giving up. I didn’t make up that ferent locations, and have seen clear evi- tary commanders have told us it can- phrase—that a precipitous withdrawal dence of the strategy’s effects on the situa- not be done. You cannot draw down is equivalent to giving up. That is what tion there. more than a brigade a month. That is a four veterans of Iraq told me they per- I have personally observed clinics in which too fast pace. Remember, it is a bri- ceived we were considering doing. They coalition medics and doctors provided vil- lagers with a level of care that has long been gade that has an area of responsibility urged us not to do it. Certainly, Iraq unheard of in the country. of interfacing with American and coali- cannot be another United States in a He goes on to say this is still a bro- tion forces all around it, plus it inter- short time, they told us. But it can be- ken and unstable country. That I do faces with local police, mayors, and come self-governing and self-sufficient. not doubt. Yet progress is inarguably tribal leaders, plus it interfaces with The group further stated it may be the Iraqi Army and Iraqi police. necessary for us to modify our objec- being made, he said. He goes on to note All of that is part of the responsi- tives in this fight, but please don’t this: bility and the relationship that has quit. The senior NCOs finished by tell- A successful counterinsurgency is one thing, with a timeline which is measured not built up. To precipitously pull out in 9 ing us they had at least one child, or in months, but in years. However, to wage a months all these forces and draw them spouse, on active duty or serving as a successful counterinsurgency and then to back to only a few bases and give them reservist or Guard member. This was a build a stable, autonomous and secure state, a limited responsibility, is a huge, testimony—a form of saying to me which we can leave behind without risking reckless idea that can only result in they and their families believed in its imminent collapse, is another matter al- chaos, confusion and unnecessary what they were doing, even if it meant together. death and will destabilize Iraq, desta- they have to go back to Iraq again. He went on to note we must not bilize the region perhaps, and cost After making this statement, they break faith with those who have stood more lives. were quite polite. They thanked my with us and made their commitment. team for the time they had with us and We all are concerned about the situa- Why don’t we listen to what our fabu- the few minutes they had to be heard. tion in Iraq. The people I talk to—the lous general, General Petraeus, has They came all the way up here to share military people I talk to see us as hav- said? He said: I understand we need to that. ing a realistic possibility of helping to draw down these troops. I plan to draw I say that because I am not hearing establish a decent government in down troops in Iraq. That is certainly the kind of talk from the people who Iraq—maybe not the kind of democracy my goal. are in Iraq serving our country now we would like to have seen but some- I will say what I have said many that I am hearing from the politicians thing that can work, be a bulwark times. The surge was a bitter pill for in Congress. I am not hearing that. against an aggressive Iran and be a bul- me. I had certainly hoped that in 2006 What about Jeff Emanuel, a former wark in a hostile base against al-Qaida we would be drawing down troops, not special operations veteran of Iraqi and the terrorists there, who could be having to increase troop levels. But Freedom? He wrote an article in the an ally to the United States. We have that is what we voted to do in this Con- Washington Times recently. He talked allies in the region. We have a base in gress by an 80-to-14 vote. We funded about the situation we find ourselves Qatar, Bahrain, and we have strong al- that surge, and now we are getting a in today. The title of the article is: lies in Kuwait and other places in the report on it. ‘‘Iraqis show courage. Can Congress do Middle East. We continue to have those He said: I have had success by reduc- the same?’’ and we will continue to do so. But ing violence in Baghdad and in the My colleague from Massachusetts, I there is a danger, without a doubt, country. I am not going to replace a think, was a bit too dismissive of the about an expansive Iran and its leader- Marine unit that will be departing challenges faced by the Iraqi military ship who seem to be disconnected from within a few weeks. That will reduce police and the Iraqi leaders. They have reality in many different ways. Iran’s the numbers. I will bring a brigade a very difficult challenge, I admit that. President Ahmadi-Nejad declared a few home before Christmas and that will be I certainly admit that. I think this Na- days ago that U.S. political influence another 5,000-plus personnel. I will con- tion cannot pour resources into Iraq if was collapsing rapidly and said Tehran tinue to draw down next year accord- we reach the decision it cannot be suc- was ready to help fill the power vacu- ing to my plan through the summer, cessful. We will have to extricate our- um. He said: and I believe I can achieve a 30,000 selves no matter what. Soon, we will see a huge power vacuum in troop reduction by next summer. But I have to tell you I don’t see it the region. Of course, we are prepared to fill that way right now. This is what Mr. that gap. He said: In March, I will report to the Emanuel said: That is from the Philadelphia In- Congress again, and I will tell you . . . Iraqis in many locations have shown quirer of August 29. So the con- what further reductions we can amazing courage, not only by providing an sequences of what we are doing are se- achieve, and I hope to be able to an- ever-increasing amount of information on in- rious. nounce further reductions. surgent activity to coalition forces, but also Let me address one more time a rapid That is the kind of withdrawal that by working to rebuild what the insurgents precipitous withdrawal and what it is consistent with our ultimate goal, to have destroyed, as well as by putting their lives on the line to drive terrorists out of means as it is contained in the Levin- create a stable and decent Iraq in their own villages. They do this despite the Reed amendment. Imagine you are a which the Iraqi Army and the Iraqi po- fact that they do not know whether they will military commander and you have lice can assume more and more respon- wake up the next day to find that the coali- 160,000 troops in Iraq. You are told you sibility.

VerDate Mar 15 2010 22:19 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00142 Fmt 0624 Sfmt 0634 E:\2007SENATE\S20SE7.REC S20SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 20, 2007 CONGRESSIONAL RECORD — SENATE S11917 To me, the stakes are so high, the troops in one day and jerk them out GREGORY DAVID AURIT, OF NEVADA MARK J. BOSSE, OF CALIFORNIA challenges and threats so great that we the next. Let’s follow through in this ROBERTA R. BURNS, OF NEW YORK ought not be driven by polling data. We difficult period and see if we can LYDIA BETH BUTTS, OF TEXAS LISA ARUNEE BUZENAS, OF THE DISTRICT OF COLUM- ought to ask ourselves: What is right achieve that realistic chance of success BIA for America? What is right for our sol- that all 20 members of the Jones com- DANIEL C. CALLAHAN, OF VIRGINIA THOMAS L. CARD, OF VIRGINIA diers? If they are pulled out and this mission reported they believe is pos- MICHAEL CARNEY, OF GEORGIA country falls because we acted reck- sible and as General Petraeus has told MARY KAROL CLINE, OF THE DISTRICT OF COLUMBIA us he believes is possible. I believe it is MARC S. COOK, OF THE DISTRICT OF COLUMBIA lessly, there are going to be more mo- MICHAEL ALBERT DASCHBACH, OF ARIZONA rale problems than we can imagine in the right thing for America to reject THOMAS R. DE BOR, OF PENNSYLVANIA the Levin-Reed amendment. KRISTEN FRESONKE, OF NEW YORK the United States military. There are LAWRENCE H. GEMMELL, OF MAINE going to be some angry people. They Mr. President, I yield the floor. LEWIS GITTER, OF PENNSYLVANIA f KRISTOFOR E. GRAF, OF TEXAS are going to be very disappointed in SEAN S. GREENLEY, OF SOUTH CAROLINA the Congress. They put their necks on ADJOURNMENT UNTIL 9:15 A.M. MICHAEL WILLIAM HALE, OF VIRGINIA PAUL ALLEN HINSHAW, OF MISSISSIPPI the line because we asked them to. TOMORROW A. DIANE HOLCOMBE, OF MARYLAND They lost friends and have wounded RICHARD B. JOHNS, OF VIRGINIA The PRESIDING OFFICER. Under friends in this conflict, and then we up STEVE M. KENOYER, OF CALIFORNIA the previous order, the Senate now RICHARD MORRIS, OF COLORADO and jump away and undermine all that stands adjourned until 9:15 a.m. tomor- ANDREA JANE PARSONS, OF THE DISTRICT OF COLUM- effort. It is not going to be pleasant, ei- BIA row. MIRANDA A. RINALDI, OF THE DISTRICT OF COLUMBIA ther. Thereupon, the Senate, at 8:37 p.m., AMY E. ROTH, OF LOUISIANA I say to my colleagues, I understand ERIK MARTINAS RYAN, OF ARKANSAS adjourned until Friday, September 21, DENISE SHEN, OF VIRGINIA the purpose of this amendment. It 2007, at 9:15 a.m. JOAN RENEE SINCLAIR, OF CALIFORNIA wants reduction in forces. It wants to DIANA MARIA SITT, OF CALIFORNIA f ELIZABETH A. SUNDAY, OF PENNSYLVANIA see us less engaged in the actual mili- MARY C. THOMPSON, OF TEXAS tary operations in Iraq. We want to see NOMINATIONS LAURA A. TILL, OF COLORADO MIRIAM ELISE TOKUMASU, OF WASHINGTON more of that done by the Iraqi Army, Executive Nominations received by NYREE TRIPPTREE, OF GEORGIA the Iraqi police, and that is what Gen- the Senate: CHRISTOPHER VAN BEBBER, OF CALIFORNIA ANGELO RAYE VENTLING, OF NEW YORK eral Petraeus wants. He has a plan to FOREIGN SERVICE VAIDA VIDUGIRIS, OF NEW YORK ZEBULUN Q WEEKS, OF NEVADA achieve that goal. This is a general THE FOLLOWING-NAMED PERSONS OF THE AGENCIES DIANE WHITTEN, OF NEBRASKA INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- who has written a manual for the De- BRANDON L. WILSON, OF VIRGINIA FICERS OF THE CLASSES STATED. DEBORAH WINTERS, OF THE DISTRICT OF COLUMBIA partment of Defense on how to defeat FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF an insurgency, a counterinsurgency CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN IN THE MARINE CORPS manual. Let’s give him that oppor- THE DIPLOMATIC SERVICE OF THE UNITED STATES OF AMERICA: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT tunity. He is making progress so far. DEPARTMENT OF STATE TO THE GRADE OF LIEUTENANT GENERAL IN THE Let’s do our duty and watch. UNITED STATES MARINE CORPS WHILE ASSIGNED TO A We are not bound by everything Gen- JULIA A. STEWART, OF VIRGINIA POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN TITLE 10, U.S.C., SECTION 601: eral Petraeus says. We are not bound SERVICE TO BE CONSULAR OFFICERS AND/OR SECRE- by everything President Bush says. TARIES IN THE DIPLOMATIC SERVICE OF THE UNITED To be lieutenant general STATES OF AMERICA, AS INDICATED: Yes, we are an independent body. We CONSULAR OFFICERS AND SECRETARIES IN THE DIP- MAJ. GEN. SAMUEL T. HELLAND, 0000 LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: have individual responsibilities to THE FOLLOWING NAMED OFFICER FOR APPOINTMENT make up our own minds. But if we do DEPARTMENT OF COMMERCE TO THE GRADE INDICATED IN THE UNITED STATES MA- RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: this, let’s do it right. Let’s don’t be PAUL S. CUSHMAN, OF FLORIDA flip-flopping around. That is not wor- DEPARTMENT OF STATE To be colonel thy of a great nation. We cannot send JESSICA LYNN ADAMS, OF OHIO THOMAS J. KEATING, 0000

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HONORING WEST SIDE recognizing the 35th anniversary of West Side This year also marks the 25th anniversary COMMUNITY HEALTH SERVICES Community Health Services. of the Friends of the Library, a group of com- mitted volunteers who have helped to make f HON. BETTY McCOLLUM the library one of the Borough’s most valuable TRIBUTE TO DOROTHY WOOLFORK assets. With their help and the help of a vol- OF MINNESOTA unteer Board of Trustees, Glen Rock has IN THE HOUSE OF REPRESENTATIVES HON. KEITH ELLISON reached the distinction of having one of the Thursday, September 20, 2007 highest circulation figures of the more than 70 OF MINNESOTA libraries in the Bergen County Cooperative Li- Ms. MCCOLLUM of Minnesota. Madam IN THE HOUSE OF REPRESENTATIVES brary System. In fact, 85 percent of the Bor- Speaker, today I rise to honor West Side ough’s 11,546 residents have library cards. Community Health Services for their 35 years Thursday, September 20, 2007 The Glen Rock Public Library is not just a of dedicated service ensuring the best quality Mr. ELLISON. Madam Speaker, I rise today place where people come to check out books; health care for St. Paul’s bilingual and to pay tribute to the life of Dorothy Woolfork, it is where people come to build their commu- bicultural communities. of Minnesota, a true citizen-servant who never nity. It is an important part of what makes On behalf of the Twin Cities and the citizens hesitated to put the needs of the community Glen Rock such an outstanding place to live, of Minnesota, I wish to congratulate West Side above her own. While I regret to report the re- work, and raise a family. I commend the staff Community Health Services for their work pro- cent passing of Dorothy Woolfork at the age of and volunteers who toil endlessly, yet lovingly viding a progressive health care model that 91, I am grateful for her lifelong service to the for their tremendous efforts on behalf of the emphasizes education, prevention, and inte- community and I am confident that her ideals people of the Borough of Glen Rock. grated services. These outstanding services will inspire future generations of community are provided with respect for the cultures of volunteers. f the patients they serve. For more than a gen- A native of Bradley, Arkansas, Dorothy TERRORISM RISK INSURANCE RE- eration, West Side Community Health Serv- came to Minnesota in 1939 with the hope of VISION AND EXTENSION ACT OF ices has been the voice for Latino, Hmong, finding work. Not only did Dorothy find work in 2007 adolescent, immigrant, and low income com- Minneapolis, she found a new life. After grad- munities. West Side Community Health Serv- uating from cosmetology school, she opened SPEECH OF ices can be proud of their outreach to educate her own business, solidifying her commitment patients and family members where health to the growth of the community. HON. BENNIE G. THOMPSON care knowledge is needed most: in urban Dorothy’s 30-plus year career in political OF MISSISSIPPI neighborhoods, schools, areas of public hous- and community activism began in 1962 when IN THE HOUSE OF REPRESENTATIVES ing and homeless shelters. she attended her first precinct caucus meet- Wednesday, September 19, 2007 In 1969, West Side Community Health Serv- ing. From that point on, her presence in the ices was established when a group of volun- community was pervasive. Her tireless work in The House in Committee of the Whole teers saw the need for bilingual health care for the community did not go unnoticed. Her ef- House on the State of the Union had under Spanish speaking residents. Located in the forts were recognized by the Governor of Min- consideration the bill (H.R. 2761) to extend basement of St. Michael’s Church, volunteers nesota and the Mayor of the City of Min- the Terrorism Insurance Program of the De- served between six and seven patients a day. partment of the Tresury, and for other pur- neapolis by a joint proclamation declaring poses; Since then, West Side Community Health June 17, 1990 as ‘‘Dorothy Woolfork Apprecia- Services has flourished; incorporating its first tion Day.’’ Mr. THOMPSON of Mississippi. Mr. Chair- clinic servicing 1,900 people in 1972, adding In closing, Madam Speaker, I wish to ex- man, I rise in support of H.R. 2761, the Ter- dental services in 1978, health care for the press my condolences to all those surviving rorism Risk Insurance Act (TRIA) Revision and homeless in 1987 and two public housing clin- Dorothy Woolfork and to the community she Extension, as Chairman of the Committee on ics in 1993. In 2000, West Side Community worked for, the community she loved. It is an Homeland Security. This bill necessarily reau- Health Services achieved accreditation by the honor to stand in recognition of the memory thorizes TRIA for 15 years—through 2022. At Joint Commission on Accreditation of Health and life of a model citizen who devoted herself its essence, TRIA provides a Federal backstop Care Organizations. to the City of Minneapolis. Ms. Woolfork, on to the insurance industry by providing com- In its 35 years, West Side Community behalf of the citizens of the 5th District, I thank pensation for a portion of insured losses re- Health Services has increased the number of you for your lifetime of service. sulting from acts certified by the Federal gov- patients served to over 35,000. In 2006, 84 ernment as acts of terrorism. Importantly, percent of their patients were from Asian, Afri- f TRIA has no cost to the taxpayer unless there can American, American Indian or Latino com- IN HONOR OF THE 85TH ANNIVER- is a terrorist attack. This program is not an on- munities; eighty-five percent had incomes less SARY OF THE GLEN ROCK PUB- going subsidy to the insurance industry but, in- than $41,000 for a family of four, and half did LIC LIBRARY stead, an incident-based program that will help not have health insurance. The 250 people to ensure the continuity of our livelihoods and who work at West Side Community Health commerce in the wake of a terrorist incident in Services facilitate access to health care by HON. SCOTT GARRETT the United States. breaking down barriers related to trust, cost, OF NEW JERSEY Mr. Chairman, history has shown that Al location, culture, and language. In doing so IN THE HOUSE OF REPRESENTATIVES Qaeda and other extremist organizations will West Side Community Health Services pro- explicitly direct acts of terror against American vides much needed care to vulnerable mem- Thursday, September 20, 2007 citizens and property in an effort to inflict eco- bers of the community—serving them with the Mr. GARRETT of New Jersey. Madam nomic harm upon this country. The Congres- compassion, respect and quality health care Speaker, I rise in honor of the 85th anniver- sional Research Service estimated that in- they deserve. sary of the Glen Rock Public Library in Bergen sured losses from the attacks on the World Madam Speaker, in honor of the founders of County, New Jersey. On June 9, 1922, the li- Trade Center total around $32 billion. This bill West Side Community Health Services, its brary first opened its doors in a small store on helps build resiliency in our country to respond staff, board members, and volunteers com- the town’s main street. It is now a cornerstone to the known objectives of our adversaries. mitted to educating and improving the health of the community where people come to read As the Committee with oversight of the De- of the community, I am pleased to submit this and learn, meet and discuss. It is where so partment of Homeland Security (DHS), our statement for the CONGRESSIONAL RECORD much of the town business is conducted. Committee works diligently to ensure that DHS

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

VerDate Aug 31 2005 04:59 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A20SE8.001 E20SEPT1 ccoleman on PROD1PC69 with REMARKS E1936 CONGRESSIONAL RECORD — Extensions of Remarks September 20, 2007 effectively executes and manages its duties. This legislation will help our country and its Expanding American Homeownership Act and Since its inception, there has been an under- industry spur economic development and, im- commend the Democratic leadership, Chair- standable focus on the protection of the portantly, will provide the necessary economic man FRANK, and Chairman WATERS for their United States against acts of terror. However, security in the aftermath of a terrorist event to commitment to increasing access to affordable as demonstrated in the wake of Hurricane get our country moving as quickly as possible. housing. Katrina, I do not believe that there has been In closing, let me thank my colleagues on Our country is currently in the middle of a an adequate focus on recovering from the the Financial Services Committee for their subprime mortgage crisis. In my congressional aftermath of a catastrophic incident by the De- leadership on this legislation, especially my district alone, there are 796 homes involved in partment. I believe that the extension of TRIA colleagues Chairman FRANK as well as Rep- foreclosure right now. The University of Min- demonstrates our nation’s necessary commit- resentative CAROLYN MALONEY of New York. nesota’s Center for Urban and Regional Af- ment to planning for the recovery and resump- I encourage my colleagues to support this fairs report, Subprime Lending and Fore- tion of economic activity following an act of legislation. closure in Hennepin and Ramsey Counties, terrorism. Whereas we can never take our f speculates that the problem of foreclosures eyes off of protection and prevention, we must starts with predatory lending practices that are show a commitment to resiliency in the wake TRIBUTE TO SPECIALIST ALUN aimed at removing equity from homes through of an incident. This bill will help our nation HOWELLS refinancing a home multiple times. begin its climb back to normality should we H.R. 1852 takes an important step to pre- ever again be struck on our shores by terror- HON. JOHN T. SALAZAR vent American families from ever having to ists. OF COLORADO turn to a predatory lender by providing them Furthermore, the revision and extension of IN THE HOUSE OF REPRESENTATIVES with a reliable source for affordable mortgage TRIA represents a vital element of homeland loans. This legislation revitalizes and reforms Thursday, September 20, 2007 security, particularly in its protection of critical the Federal Housing Administration, FHA, ena- infrastructure: the effective cooperation be- Mr. SALAZAR. Madam Speaker, I rise today bling it to serve more subprime borrowers, tween the public and private sectors. The to honor the courage and sacrifice of Army offer refinancing to families struggling to make Committee on Homeland Security has focused Specialist Alun R. Howells of Parlin, Colorado. mortgage payments, and create additional af- extensively on this necessary partnership and On August 13, Specialist Howells died from fordable rental housing. the homeland security solutions that can be wounds he suffered while on a combat mis- This legislation also authorizes more than achieved by both sectors working together. sion in Baghdad. Specialist Howells was as- double the current funding level for housing This necessary partnership will be essential to signed to E Company, 1st Battalion, 64th counseling to help subprime home buyers, the successful stabilization of the United Armor Regiment, 3rd Infantry Division, Fort higher risk borrowers who fall behind on their States economy at a time of national crisis, Stewart, Georgia. mortgage payments, and those who need ad- should one occur. Driven by his passion for the outdoors, Alun ditional guidance in establishing a plan for pur- Last year, I expressed my concern with the Howells spent much of his life exploring Colo- chasing their home. TRIA not requiring insurers to offer coverage rado’s Rocky Mountain terrain. After joining We must do more to ensure that all individ- from acts of nuclear, biological, chemical, and the Army in 2006, he turned his passion to- uals and families have safe and stable hous- radiological (NBCR) terrorism. Studies by nu- ward a distinguished military career. Among ing. For this reason, the Expanding American merous entities concluded that the risk of his numerous honors, he was awarded the Homeownership Act authorizes up to $300 NBCR terrorism is essentially uninsurable un- Purple Heart and the Bronze Star for his serv- million a year for an affordable housing trust less there is a Federal government backstop. ice to our country. fund, which will be financed by excess profits, I am pleased that this legislation includes acts Alun Howells will be missed by those who resulting from the expansion of FHA’s loan of- of NBCR terrorism in TRIA and, therefore, pro- knew and loved him, and our hearts go out to ferings. vides that federal backstop. This provision will his family and friends. H.R. 1852 enables the FHA to preserve and hopefully encourage efforts by the insurance Thank you for this opportunity to recognize expand its mission of helping potential first- industry while providing it with the necessary and honor one of Colorado’s fallen heroes. time home buyers obtain affordable mort- support that it needs. f gages. I urge my colleagues to join me in I am pleased that the bill incorporates the helping more families achieve the America Secretary of DHS, especially relating to the PERSONAL EXPLANATION dream of home ownership by voting for this certification of NBCR terrorism. It says that bill. where a certified act of terrorism is carried out HON. LOUISE McINTOSH SLAUGHTER f by means of an NBCR weapon or instrumen- OF NEW YORK TRIBUTE TO REVEREND WILLIAM tality, the Secretary of the Treasury will certify IN THE HOUSE OF REPRESENTATIVES W. SMITH, III that act as an act of NBCR terrorism. Impor- Thursday, September 20, 2007 tantly, if a certified act of terrorism involves any other ‘‘weapon or instrumentality,’’ then Ms. SLAUGHTER. Madam Speaker, I was HON. KEITH ELLISON OF MINNESOTA the Secretary of the Treasury will consult with unavoidably detained on September 18, 2007 IN THE HOUSE OF REPRESENTATIVES the Secretary of Homeland Security, among and missed rollcall votes 870, 871, and 872. other officials, to determine whether the act of Had I been present, I would have voted ‘‘aye’’ Thursday, September 20, 2007 terrorism meets the definition of NBCR ter- for each of the three measures. Mr. ELLISON. Madam Speaker, I rise today rorism, as defined by the bill. This language f to pay tribute to the life of Reverend William recognizes the ever-changing threat we face EXPANDING AMERICAN W. Smith, III, of Minnesota, a selfless servant as well as the expertise and sophistication of HOMEOWNERSHIP ACT OF 2007 who was committed to his faith, family and the DHS. struggle for civil rights and social justice. While It is important that this extension of TRIA SPEECH OF I regret to report the recent passing of Rev. will be for 15 years. This long-term extension Smith at the age of 69, I am grateful for his will enhance economic stability—for example, HON. BETTY McCOLLUM spirit of equality and inclusiveness which will by bringing more stability to the real estate OF MINNESOTA continue to live on in the city of Minneapolis and construction industries so that they can IN THE HOUSE OF REPRESENTATIVES and beyond. move forward with large-scale building Tuesday, September 18, 2007 Rev. Smith’s relationship with Minneapolis projects in areas considered at high risk for began over 50 years ago when he was sta- terrorism. After all, TRIA was enacted in 2002 The House in Committee of the Whole tioned in the city while serving as an airman House on the State of the Union had under in an attempt to stabilize the economy that consideration the bill (H.R. 1852) to mod- in the United States Air Force. Following his was badly disrupted by the events of 9/11 and ernize and update the National Housing Act tour of duty, Smith returned to Minneapolis, to spur commercial development, as well as to and enable the Federal Housing Administra- where he took on the important work of men- prevent an industry-wide catastrophe in the tion to use risk-based pricing to more effec- toring and empowering children, youth, fami- event of another terrorist attack. This 15-year tively reach underserved borrowers, and for lies and the elderly as a staffer at the Phillis extension will create the predictability and con- other purposes: Wheatley Community Center. Smith would fidence that the private sector needs to make Ms. MCCOLLUM of Minnesota. Madam later go on to serve as a leader at the Twin investments that help our national economy. Chairman, I rise today in strong support of the Cities Opportunities Industrial Center.

VerDate Aug 31 2005 04:59 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A20SE8.004 E20SEPT1 ccoleman on PROD1PC69 with REMARKS September 20, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1937 Rev. Smith was a visionary who knew that best efforts of a small number of dedicated students at East Brook Middle School have Minneapolis could become a place of equal personnel, much of that food comes into the decorated lunch bags; stuffed them with let- opportunity for all people regardless of racial country without being inspected. Also, whether ters, poems, candy, and other such items; and or ethnic differences. During the turbulent the food comes from outside or inside the shipped them to local first responders and 1960s, Smith worked vigorously to advance United States, the distribution systems are service members overseas. Fifty thousand the cause of the civil rights movement in Min- largely unsecured. This legislation is a tremen- packages have been shipped already and neapolis. He served as a local facilitator work- dous step forward—increasing inspections, im- each one is sure to bring a smile to the face ing with community leaders to set into action proving research, and giving FDA the nec- of its recipient. the teachings of the Reverend Dr. Martin Lu- essary authorities to inspect, trace, quarantine, As an outgrowth of that effort, Operation ther King, Jr. Smith’s efforts ultimately contrib- and recall certain imported food to ensure Goody Bag decided to participate in the De- uted to the creation of human rights commis- safety. partment of Defense’s America Supports You sions in Minneapolis and throughout the state Al Qaeda and other extremist organizations program and the annual Freedom Walk. This of Minnesota. Smith also helped guide local have indicated the desire to use agroterrorist year, Joey, as the Paramus Freedom Walk social action groups such as the Minneapolis means to attack our food supply. There is also chairman and his fellow students took to the Urban League and the Black Unity and Futur- increasing evidence to indicate that these or- streets with about 400 local citizens to show ism Youth Organization of Minneapolis. ganizations have been recruiting personnel their support for the men and women serving Recognizing the important role which unions with the scientific and technical know-how to in the military and for their families. play in protecting workers rights, Smith fought accomplish these means. Additionally, over I was proud to join Joey and his fellow stu- vigorously to gain union membership for Afri- the past few decades, we have seen cases in dents for this special event. From their homes can American workers. Once that battle was the United States of intentional tampering of in Paramus, these students had a front row won, Smith accepted the challenge of becom- over-the-counter pharmaceuticals and con- seat to the horrific terrorist attacks on Sep- ing a union organizer, working for the Amer- trolled substances, resulting in illness and tember 11. Many of their family members and ican Federation of State, County and Munic- death throughout the country. neighbors were there at the World Trade Cen- ipal Employees, AFL–CIO in New Orleans, At- As the committee with oversight of the De- ter that day or were amongst the first respond- lanta and Tulsa. partment of Homeland Security, DHS, the ers who rushed into Manhattan to help in the In closing, Madam Speaker, I wish to ex- Committee on Homeland Security works dili- hours and days and weeks that followed. press my condolences to those surviving Rev. gently to ensure that DHS effectively executes These students approach their work with poise Smith: his daughter, his sons, former wife, and and manages its duties, and where appro- and grace, dedication and commitment. And the community he worked for, the community priate, ensures that DHS works collaboratively Joey Rizzolo organized and led this first an- he loved. It is an honor to stand in recognition with other Federal agencies. DHS, through Im- nual walk as if he’d been doing it for a lifetime. of the memory and life of a man who gave so migration and Customs Enforcement, often It was an honor to stand with these students much of himself to Minneapolis yet demanded partners with FDA to investigate food and drug earlier this month to commemorate the sixth so little in return. Reverend Smith, today we tampering and contamination cases. Customs anniversary of September 11 and it is an thank you. and Border Protection, as well as the United honor to represent these students, their teach- f States Coast Guard, also have roles in inter- er, and their families in Congress. dicting and inspecting contaminated shipments f FOOD AND DRUG ADMINISTRATION as they cross borders and seas into the coun- AMENDMENTS ACT OF 2007 try. I am pleased that this legislation requires TRIBUTE TO CORPORAL JASON the Secretary of Health and Human Services, LAFLEUR HON. MIKE THOMPSON HHS, to notify the Secretary of the Depart- OF CALIFORNIA ment of Homeland Security when an HHS en- HON. JOHN T. SALAZAR IN THE HOUSE OF REPRESENTATIVES tity believes food has been adulterated. Infor- OF COLORADO Thursday, September 20, 2007 mation-sharing is critical to effective, timely re- IN THE HOUSE OF REPRESENTATIVES sponse to threats and a more secure home- Thursday, September 20, 2007 Mr. THOMPSON of California. Mr. Speaker, land. I rise in support of H.R. 3580, the Food and This legislation addresses a number of im- Mr. SALAZAR. Madam Speaker, I rise today Drug Administration Amendments Act of 2007. portant aspects regarding food and drug safe- to honor the courage and sacrifice of CPL This bill necessarily reauthorizes the Prescrip- ty and security. Actions we take now to better Jason K. LaFleur of Ignacio, Colorado. tion Drug User Fee Program, the Medical De- secure our food and drugs against contamina- On August 4th, Corporal LaFleur was killed vice User Fee Program, and Food and Drug tion, adulteration, and terrorism will add to our while on patrol during combat operations Administration, FDA, authority to grant an ad- overall homeland and transnational security. south of Baghdad. Corporal LaFleur was a ditional 6 months marketing exclusivity to a I encourage my colleagues to pass this leg- member of the Army’s 1st Squadron, 40th manufacturer of a drug in return for FDA re- islation with strong bipartisan support. Cavalry Regiment, 4th Brigade Combat Team, quested pediatric use, for 5 years, through f 25th Infantry Division, Ft. Richardson, Alaska. 2012. The act also addresses a variety of Jason LaFleur was an accomplished schol- other issues of importance to the FDA and to COMMENDING THE TREMENDOUS ar, athlete, and musician. His family and the Nation regarding pediatric medical device PUBLIC SERVICE OF EAST friends watched with pride as his list of ac- safety and improvement, research equity, and BROOK MIDDLE SCHOOLS STU- complishments grew during his service in the pharmaceuticals, a foundation for the FDA, DENT JOEY RIZZOLO United States Army. better ways to deal with potential conflicts of Corporal LaFleur earned many of the interest, clinical trial databases, and measures HON. SCOTT GARRETT Army’s distinguished honors, including the to increase the post-market safety of drugs. All OF NEW JERSEY Purple Heart and the Bronze Star. In doing so, of these issues are important, but I believe IN THE HOUSE OF REPRESENTATIVES he has earned the respect not only of his that one of the most important sections of the community, but of a proud State and a grateful Thursday, September 20, 2007 bill regards additional steps to ensure the Nation as well. safety of our Nation’s food. Mr. GARRETT of New Jersey. Madam Thank you for this opportunity to recognize Mr. Speaker, today we live in a global com- Speaker, I rise today to commend a seventh and honor one of Colorado’s fallen heroes. munity, exchanging goods and services with grade student at East Brook Middle School in f countries around the world. Every country is Paramus, NJ, for demonstrating a tremendous different, and possesses differing standards, commitment to his community with exu- PERSONAL EXPLANATION quality assurance, public health infrastruc- berance and spirit. At his tender young age, tures, safety testing capacity, and desire and Joey Rizzolo has already offered more of an HON. LOUISE McINTOSH SLAUGHTER ability to secure shipments and distribution example of public service for America than OF NEW YORK systems. Additionally, each must deal with a many adults. IN THE HOUSE OF REPRESENTATIVES unique set of threats—naturally caused and in- Under the tutelage of their teacher, Jane tentionally generated. Much of the food on Cosco, Joey Rizzolo and his fellow students Thursday, September 20, 2007 America’s dinner tables comes from beyond take part in a service-learning project called Ms. SLAUGHTER. Madam Speaker, I was our borders, and as we all know, despite the Operation Goody Bag. For the past 3 years, unavoidably detained on September 17, 2007

VerDate Aug 31 2005 04:59 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A20SE8.009 E20SEPT1 ccoleman on PROD1PC69 with REMARKS E1938 CONGRESSIONAL RECORD — Extensions of Remarks September 20, 2007 and missed Rollcall votes 867, 868, and 869. visit Washington, DC on a chartered flight free AMERICAN HERO FINALLY Had I been present, I would have voted ‘‘aye’’ of charge. During their visit, they will visit Ar- RECOGNIZED for each of the three measures. lington National Cemetery and the World War f II Memorial. For many, this will be their first HON. TED POE and only opportunity to see these sights dedi- OF TEXAS HONORING CREAM CITY cated to the great service they have provided IN THE HOUSE OF REPRESENTATIVES FOUNDATION for our nation. Thursday, September 20, 2007 Today I ask my colleagues to join me in HON. TAMMY BALDWIN honoring these great Americans and thanking Mr. POE. Madam Speaker, it’s never too late to say thank you and recognize a hero of OF WISCONSIN them for their unselfish service. our Armed Forces even if it is 62 years later. IN THE HOUSE OF REPRESENTATIVES f I had the opportunity to do this when I recently Thursday, September 20, 2007 met William Oliver Sievertson, of Kingwood, ESTABLISHING A SCIENCE AND Ms. BALDWIN. Madam Speaker, I rise Texas. TECHNOLOGY SCHOLARSHIP today to honor and celebrate the 25th anniver- Sievertson served in the U.S. Marine Corps PROGRAM sary of Cream City Foundation. Founded in in 1945 during World War II and fought against the Japanese in the Battle of Sugar 1982, Cream City Foundation serves as the SPEECH OF leading foundation to mobilize philanthropic re- Loaf Hill in Okinawa, Japan. This battle in- cluded some of the fiercest fighting of the Pa- sources, build allied coalitions, effect positive HON. SHEILA JACKSON-LEE cific Theater in which his division, the Sixth change, and advance the dignity, worth, and OF TEXAS Marine Division Reinforced, suffered 2,662 health of every LGBT person in Southeastern IN THE HOUSE OF REPRESENTATIVES casualties. Wisconsin. Monday, September 17, 2007 According to Mr. James Forrestal, Secretary This vision is realized through the organiza- of the Navy in 1945, ‘‘Units of the division tion’s mission of building a strong foundation Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in support of H.R. 1657, the Science and withstood overwhelming artillery and mortar and infrastructure in the Southeastern Wis- barrages, repulsed furious counter-attacks and consin LGBT community by distributing funds Technology Scholarship Program. H.R. 1657 will establish a Science and Technology staunchly pushed over the rocky terrain to re- to emerging groups and programs that en- duce almost impregnable defenses and cap- hance the quality of life for LGBT people. Scholarship Program to award scholarships to recruit and prepare students for careers in the tured Sugar Loaf Hill.’’ On the evening of September 22, the com- Sievertson was wounded during this battle National Weather Service and in National munity will gather at the beautiful Milwaukee on May 19, 1945 and received the Purple Oceanic and Atmospheric Administration ma- City Hall to note the incredible work of this vi- Heart. After recovering in a Navy hospital in rine research, atmospheric research, and sat- brant foundation. The programs and interests Guam, he returned to his unit and participated that make up the work of Cream City Founda- ellite programs. I support H.R. 1657 because in the occupation of Japan after its surrender tion are driven by a belief that philanthropy it allows more students the opportunity to pur- to the United States. has an immense influence on creating long- sue careers in fields that are vital in pre- Many years later as a civilian, Sievertson lasting social change in our communities. serving our world, and will further enhance the learned from the West Virginia Veterans of Leadership from the LGBT community and our knowledge base of our country. Foreign Wars Newsletter that his division had allies has been essential in bringing about that Mr. Speaker, we need to encourage more of been given a Presidential Unit Citation from social change. We’ve come a long way, but our students to enter the meteorology and cli- President Harry S. Truman. The article de- our work is far from over. Despite all of our matology fields. The young minds of this coun- scribed how another Marine had served in the accomplishments over the years, homophobia try are our greatest asset, and I support the same division during the same time period is still all too pervasive. effort today to encourage innovation, creative and had received the award from his U.S. Yet, with the continued help of Cream City thinking, and academic competitiveness. I am Senator decades later. This inspired Foundation, and the partnership of so many confident we will reap major returns on this Sievertson to contact his Congressman to see groups and individuals working in the commu- program long into the future. if he qualified for the award also. nity, there is no limit to what can be achieved Mr. Speaker, I am pleased to support H.R. After some inquires by my staff, we learned in the years to come. These are historic times 1657 because it will provide for the recruit- that Sievertson did indeed qualify for the cita- for the LGBT community. As we work together ment and preparation of students for careers tion and was long overdue to receive it. After to build a community of acceptance and inclu- in the National Weather Service and in Admin- 62 years, on August 20, 2007, I had the pleas- sion, Cream City Foundation will continue to istration marine research, atmospheric re- ure of personally awarding Mr. Sievertson the lead the way. search, and satellite programs. The legislation Presidential Unit Citation for the Battle of It is fitting and appropriate that in the same specifies a competitive program to select and Sugar Loaf Hill. Along with his wife Joy year as the State of Wisconsin celebrates the award scholarships on the basis of academic Sievertson, their children and grandchildren, 25th anniversary of the Nation’s first Gay and merit, with consideration given to financial we held an award ceremony in my district of- Lesbian Civil Rights Act we take time to con- need and the goal of promoting the participa- fice in Humble, Texas, to finally present the gratulate Cream City Foundation on the occa- tion of individuals identified in section 33 or 34 award to him. sion of its 25th anniversary. Your efforts are of the Science and Engineering Equal Oppor- Mr. William Sievertson is a shining example truly changing the world. I’m delighted to join tunities Act. Individuals selected under the of America’s Greatest Generation. He coura- with all of Wisconsin’s citizens in saluting program agree to serve as full-time employees geously served his country in a time of World Cream City Foundation. of NOAA, for a brief period in positions for War to battle America’s enemies abroad. It is my honor to finally give recognition to this f which individuals are qualified. Mr. Speaker, as a former member of the American patriot for his heroic service to our HONORING THE LOUISIANA Science Committee and a strong supporter of great nation. HONORAIR VETERANS higher education, I have been a champion of And that’s just the way it is. equipping young minds with the technological f HON. CHARLES W. BOUSTANY, JR. and scientific knowledge necessary to com- RECOGNIZING THE 50TH WEDDING OF LOUISIANA pete in a globalized economy. Further, within ANNIVERSARY OF REVEREND IN THE HOUSE OF REPRESENTATIVES the context of globalization, I strongly believe FRED AND JACQUELYN ROGERS that this country’s ability to achieve and main- Thursday, September 20, 2007 tain a high standard of living is dependent on Mr. BOUSTANY. Madam Speaker, I rise the extent to which it can harness science and HON. JEFF MILLER OF FLORIDA today to recognize and honor a very special technology. Thus, in order to enhance the IN THE HOUSE OF REPRESENTATIVES group from South Louisiana. international competitiveness of the country, it On September 22, 2007 a group of 97 vet- is therefore critical for us to promote and sup- Thursday, September 20, 2007 erans and their guardians will fly to Wash- port students pursing careers in meteorology, Mr. MILLER of Florida. Madam Speaker, I ington with a very special program. Louisiana climatology and atmospheric research. rise today on the occasion of the 50th Wed- HonorAir is providing the opportunity for these For these reasons, I am proud to support ding Anniversary of Reverend Fred and Jac- veterans from my home state of Louisiana to H.R. 1657 and urge my colleagues to join me. quelyn Rogers. As the love between Fred and

VerDate Aug 31 2005 04:59 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A20SE8.014 E20SEPT1 ccoleman on PROD1PC69 with REMARKS September 20, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1939 Jackie grew throughout their fifty years of mar- IN RECOGNITION OF DANNY spirit and generous character not only defined riage, so did their love for the church and VARGAS him as a person, but played an important role communities of Northwest Florida. in the lives of others. A native of Milton, Florida, Fred Rogers has HON. FRANK R. WOLF During World War II, Wes served in the United States Navy, joining the United States devoutly served Northwest Florida as Pastor OF VIRGINIA in the fight to defend our Nation and to defend of Milton First Assembly of God since 1960. IN THE HOUSE OF REPRESENTATIVES He is a member of the Kiwanis Club and a those who could not defend themselves. His Thursday, September 20, 2007 member of the Santa Rosa County Ministerial service to this country is honored and greatly Association. Mr. WOLF. Madam Speaker, I want to call admired. Out of her passion for teaching and love for to the attention of the House the outstanding Following the War, Wes grabbed a hold of the American dream and eventually founded children, Jackie Rogers has proudly served in public service of Raul Danny Vargas to his fel- many companies under the Kearney name. the Santa Rosa County Florida school district, low citizens of Virginia’s 10th Congressional Through generous philanthropy, Wes used the where she currently teaches Kindergarten and District. success of his businesses to improve his com- first grade Sunday school. Danny took the helm of my 10th District His- panic Advisory Committee when it was cre- munity and help others. Fred and Jackie continue to demonstrate Wes will be best remembered as a man ated over 2 years ago. As its first chairman, their strong family values and unwavering faith whose virtue and integrity is unmatched, as he has directed the group’s efforts in providing in God as loving parents and grandparents. well as someone who was dearly dedicated to a forum for issues of interest to the Hispanic Through their leadership and dedication, his family and friends. Fred and Jackie honorably and spiritually community in northern Virginia and advising He leaves behind a beautiful family, and is served the church and the Northwest Florida me on ways to assist the community and re- survived by his lovely wife Joanne, his son community. Northwest Florida is truly blessed spond to its unique concerns. Bryan and wife Dawn and their children, Skye to have them as her own. Together, they have Through his extraordinary leadership, the and Sean; son Barry and wife Susan and their touched a number of lives, and the impact group’s membership as well as its outreach to children, Tara and Logan; and son Bing and they have made on the community will leave the community have grown and advanced. his children, son Chad and his wife Shayna, a lasting impression. Danny has led the committee in advising me Chase, Clay and Carlie. Madam Speaker, on behalf of the United on issues of importance to the Hispanic com- As we celebrate his life, we know that he States Congress, it is a great honor for me to munity, such as the infiltration of gangs in our will be dearly missed. recognize Reverend Fred and Jackie Rogers community and how to respond. He led the f advisory panel in organizing a gang prevention for their love and dedicated service to the IN HONOR OF THE A.I. DUPONT communities of Northwest Florida. I would like town hall meeting conducted in Spanish in the Herndon community. The committee also has HIGH SCHOOL TIGER MARCHING to offer my sincere congratulations in celebra- BAND tion of their 50 years together and recognize addressed education and immigration issues that they serve as an inspiration to us all. of importance to the growing Hispanic popu- lation in northern Virginia. HON. MICHAEL N. CASTLE Danny is living the ‘‘American Dream.’’ He OF DELAWARE f was raised in a single parent home along with IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION three other siblings by his mother, who immi- Thursday, September 20, 2007 grated to America from Puerto Rico. Danny Mr. CASTLE. Madam Speaker, it is with HON. KENNY C. HULSHOF served his country as an Air Force intelligence great pleasure that I rise today to pay tribute officer before launching his own company, to the A.I. DuPont High School Tiger Marching OF MISSOURI VARCom Solutions, a full-service marketing, IN THE HOUSE OF REPRESENTATIVES Band as they prepare for their fifth appear- sales, and communications support company ance in the Rose Parade. The school, located Thursday, September 20, 2007 located in Herndon. An active leader in the in Wilmington, Delaware, has worked hard to business, Hispanic and at-large communities, Mr. HULSHOF. Madam Speaker, unfortu- create a strong musical program, for which he has served as chairman of the Dulles Re- nately, I was unavoidably detained and missed they should be very proud. The band’s musi- gional Chamber of Commerce. He also was one of Tuesday’s rollcall votes, No. 877. Had cal performances, which are selected and de- appointed as a board member for two non- I been present, I would have voted ‘‘aye’’ on signed by the students, are always an exciting profit organizations in northern Virginia— H.R. 3096, the Vietnam Human Rights Act of event for the entire community. Northern Virginia Family Service and the Fair- 2007. The band boasts an impressive record wor- fax Partnership for Youth, lending his exper- thy of high praise. Their performances have tise in marketing, communications, media, and inspired audiences at countless local, national f public relations to these organizations and and even international events. Some of these TRIBUTE TO CAPTAIN SCOTT their missions to serve the needs of families notable appearances include; two Orange SHIMP and youth in the region. Bowl Parades, two Presidential Inaugurations, Danny Vargas is a proven and respected the dedication of the Vietnam War Memorial, business and community leader. As he turns the Macy’s Thanksgiving Day Parade, a HON. ADRIAN SMITH over the reins of the 10th District Hispanic Ad- Peace Parade in Vatican City and four Rose OF NEBRASKA visory Committee, I want to thank him on be- Parades—soon to be five. They are currently IN THE HOUSE OF REPRESENTATIVES half of the people of the 10th District for his the most televised high school band in Amer- Thursday, September 20, 2007 hard work and dedication to making the 10th ica and have placed first in every marching District a better place to live and work and competition they have entered since 1989. Mr. SMITH of Nebraska. Madam Speaker, raise a family. That is why it is no surprise that when I was today I rise to honor a brave man from my f asked to recommend a band to represent District, Captain Scott Shimp, a 1998 graduate Delaware in the 2008 Memorial Day Parade in of Bayard High School. Captain Shimp died HONORING CHARLES W. ‘‘WES’’ Washington, DC, the A.I. DuPont Tigers quick- last week when his Black Hawk helicopter KEARNEY, SR. ly came to mind. crashed during training exercises in Alabama. There are currently 265 members in the Scott was an enthusiastic young man who HON. GUS M. BILIRAKIS Tiger Marching Band, all of whom have loved serving his country. A consummate sol- OF FLORIDA worked tirelessly to carry on the strong Tiger dier and a graduate of West Point Academy, IN THE HOUSE OF REPRESENTATIVES tradition set before them. Their efforts are evi- he was a credit to the Bayard community—a dent, which is why they have been invited to community which has rallied around those he Thursday, September 20, 2007 participate in the 119th Rose Parade this Jan- left behind. Mr. BILIRAKIS. Madam Speaker, Charles uary in Pasadena, California. This makes My heart goes out to Scott’s family and all W. ‘‘Wes’’ Kearney, Sr. of Brandon, Florida, them the only band outside California to affected by his death. We owe him a debt of passed away on August 11, 2007, in the lov- march in the parade four times under the gratitude we can repay by living up to the ex- ing presence of his friends and family. same director. I am confident they will rep- ample he set in his personal and professional Wes was a well-known and respected mem- resent Delaware well in California on New life. ber of the community, whose entrepreneurial Year’s Day.

VerDate Aug 31 2005 04:59 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A20SE8.019 E20SEPT1 ccoleman on PROD1PC69 with REMARKS E1940 CONGRESSIONAL RECORD — Extensions of Remarks September 20, 2007 I would like to wish the A.I. DuPont High CONGRATULATING THE FORTY sergeant and 31 years as a member of the School Tiger Marching Band the best of luck FORT MEETING HOUSE ON THE Newark Police Department. in this exciting period of preparation for the OCCASION OF ITS 200TH ANNI- Sergeant Lewis began his career with the upcoming Rose Parade. The hard work and VERSARY Newark Police Department as a reserve police dedication put forth by all of those involved is officer in January 1976 and served in this ca- truly commendable and I can think of no band HON. PAUL E. KANJORSKI pacity until his promotion to the rank of police more capable of representing Delaware at the OF PENNSYLVANIA officer in January 1978. He was selected as Rose Parade this January. IN THE HOUSE OF REPRESENTATIVES the department’s first school resource officer in 1988 and was promoted to the rank of ser- f Thursday, September 20, 2007 geant in February 1991. Mr. KANJORSKI. Madam Speaker, I rise Sergeant Lewis was most recently assigned CREDIBILITY OF THE UNITED today to ask you and my esteemed colleagues to the Patrol Division, but has also served as NATIONS in the House of Representatives to pay tribute a range instructor and supervised the K9 unit. to the Forty Fort Meeting House which is cele- His passion has been the police K9 program, brating its 200th anniversary as a place for which he is responsible for bringing back to HON. TED POE citizens to congregate for the purpose of wor- the department. OF TEXAS shipping God and serving their communities. He has also held numerous specialized as- IN THE HOUSE OF REPRESENTATIVES A national historic landmark, the Forty Fort signments during his tenure including patrol Meeting House, located in the Wyoming Valley officer, traffic officer, property detective, field Thursday, September 20, 2007 of Luzerne County, Pennsylvania, is the oldest training officer, weaponless defense instructor, Mr. POE. Madam Speaker, next week I will existing house of worship in northeastern police reserve officer program coordinator, be traveling to New York City as a Congres- Pennsylvania. substitute DARE instructor, member of the ac- sional Delegate to the United Nations General Two hundred years ago, the colonists cident review board, SWAT member, SWAT Assembly. It’s no secret, Mr. Speaker, that I viewed the discussion of religion and politics leader, SWAT sniper, SWAT sergeant, liaison believe the United Nations has a lot to do in as fundamental to the success and prosperity to the Newark communications volunteers, order to restore the trust of the American peo- of their community and they created an institu- member of C.O.P.P.S. design team, and act- ple. tion strictly for that purpose—the meeting ing lieutenant for the detective division. house. Sergeant Lewis has been a key member of Since its inception, one of the primary ob- The origins of the Forty Fort Meeting House the Citizen Police Academy teaching staff, jectives of the United Nations has been to pro- are rooted in colonial New England where covering many of the courses taught during tect and advance fundamental human rights members of the local community gathered in- the annual 10-week class. He has earned the around the world. It’s a noble cause. Unfortu- side plain wooden structures twice on Sunday Reserve Police Officer of the Year award in nately, Mr. Speaker, in my view, this goal has to worship and during the midweek to discuss 1976 and the Police Officer of the Year award been tarnished by the problem of corruption, community affairs and elect local officials. in 1982. In addition, he has also received nu- hypocrisy, and an unapologetic bias against The Forty Fort Meeting House served as a merous other department awards throughout the state of Israel. This kind of behavior is un- place of worship until 1837 when the Pres- his career. acceptable and the United Nations must be byterians and Methodists built their own I join the Newark Police Department in held accountable. churches, leaving the Meeting House and ad- thanking Sergeant Al Lewis for his years of We all know about the fraud, mismanage- joining cemetery to become neglected. service and commitment to the City of Newark ment, and abuse prevalent in the Oil-for-Food In 1860, the Forty Fort Cemetery Associa- and the community. program. The program was established to tion was established and with it came a re- f bring humanitarian relief to the people of Iraq newed sense of responsibility for stewardship and it fell victim to despicable corruption by of the Meeting House. William Swetland, the INTRODUCTION OF A BILL U.N. officials. Yet, since the scandal was first association’s first president, replaced the roof, discovered and reports were issued, little has painted the exterior and repaired the fence. HON. KENDRICK B. MEEK been done by the United Nations to ensure re- For the next 130 years, the structure received OF FLORIDA form. only cosmetic repairs to the exterior. IN THE HOUSE OF REPRESENTATIVES The Human Rights Council was established Today, efforts are underway to restore the Thursday, September 20, 2007 in 2006, to replace the U.N. Human Rights structure through an endowment project that Commission which had become so discredited seeks to raise funds for the work and to con- Mr. MEEK of Florida. Madam Speaker, I am that Secretary-General Kofi Annan admitted, tinue preservation well into the future. pleased to introduce H.R. ll which includes ‘‘the declining credibility [of the Commission] The Forty Fort Meeting House stands as a ‘‘new construction’’ as qualified restaurant has cast a shadow on the reputation of the legacy to the spiritual fortitude, fierce deter- property to take advantage of the reduction 1 United Nations system as a whole ....’’ The mination and moral courage of the Con- from 39 ⁄2 years to 15 years for depreciation. mission of the Commission—not to mention necticut Yankees who settled the Wyoming H.R. ll also makes permanent the already the United Nations as a whole—was ques- Valley. existing 15-year depreciation for improvements tioned by the election of some of the world’s Madam Speaker, please join me in cele- to restaurant property. worse human rights abusers to serve as mem- brating the 200th anniversary of the Forty Fort Madam Speaker, depreciation schedules for bers of the Commission. The record of the Meeting House and in urging citizens from commercial real estate have not been signifi- new Human Rights Council is dismally better; throughout the region to support the ongoing cantly revised since they were established. of the 47 members only 25 were considered preservation project fund raiser to insure that Currently, commercial real estate generally 1 ‘‘free’’ states. a vital part of our Nation’s past remains intact has a 39 ⁄2-year depreciable life for the origi- nal building and for any subsequent renova- This Council has also demonstrated a so future generations can appreciate how their ancestors laid the foundation for our present tions or improvements to the building. strong bias against Israel. In the first year of Changes have been made in recent years to its operations, more than 70 percent of the great society. f allow certain industries that directly compete country-specific resolutions were on Israel. with restaurants to benefit from shorter sched- This disproportionate focus on Israel and dis- TRIBUTE TO SERGEANT AL LEWIS ules. These schedules range from seven regard for holding major human rights violators years for food outlets located in amusement across the world accountable cannot be toler- HON. FORTNEY PETE STARK parks to 15 years for those in gas stations and ated. It goes against the most basic, funda- convenience stores. This favorable deprecia- mental principles of the U.N. OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES tion schedule has allowed convenience stores I appreciate the mission of the United Na- to expand and improve their foodservice op- tions, Mr. Speaker, but I’m concerned about Thursday, September 20, 2007 tions. the way it’s being carried out. The U.N. has Mr. STARK. Madam Speaker, I rise today to The American Jobs Creation Act of 2004 got to take reform seriously if they plan on pay tribute to Sergeant Al Lewis on his retire- established that restaurants could depreciate gaining the support of the American people. ment from the City of Newark, California, after qualified restaurant building improvement And that’s just the way it is. serving over 29 years as a police officer and costs over 15 years for property in place by

VerDate Aug 31 2005 05:04 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A20SE8.024 E20SEPT1 ccoleman on PROD1PC69 with REMARKS September 20, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1941 the end of 2005. Just as it had intended, this Madam Speaker, it is time to equalize the daughter, Caitlin. At the same time, I wanted provision spurred a tremendous amount of depreciation schedules for new construction to take this opportunity to share with my col- economic activity in both the restaurant indus- with those for combined qualified leasehold leagues some comments written about Mr. try and the overall economy. According to the and restaurant improvements to make tax pol- Torta by his son. U.S. Census Bureau, the restaurant industry icy in this area more uniform, consistent, and spent more than $7.4 billion on new structures For those of you who were not fortunate fair. H.R.l will accomplish this, and put new enough to know my father well, it may be and building improvements in 2005—a 42 per- restaurant construction on a par with lease- difficult for you to understand what kind of cent increase over the $5.2 billion spent in hold and improvements with regard to depre- man my father was—as my father was not 2004. The additional spending—fueled by a ciation. H.R.l helps a service industry—one like other men. shorter depreciation schedule—created thou- that will provide work for approximately 12.8 sands of jobs in construction-related industries My father, first and foremost, was a man million people in the United States in 2007. filled with love. He loved my mother—com- across the country. However, while enhanced f pletely, honestly, selflessly—for more than depreciation for new restaurant construction thirty-five years. I cannot even begin to de- was originally included in this legislation, it IN RECOGNITION OF JIMMY DALE scribe the depth and beauty of their love. was subsequently removed for reasons that SPOONEYBARGER Many men, on their passing, are described as remain uncertain; thus only leasehold and res- ‘‘devoted husbands’’—but I cannot imagine a taurant improvements were included in the HON. JEFF MILLER man more devoted to his wife. His love for final package. her—and hers for him—was a love that tran- OF FLORIDA The Tax Relief and Health Care Act of 2006 scends words. He lived for her—truly, truly— extended the existing combined qualified IN THE HOUSE OF REPRESENTATIVES lived for her. How many husbands can make leasehold and restaurant improvement provi- Thursday, September 20, 2007 such a claim? He lived to make her smile, to sion for costs incurred through the end of make her laugh, to make her happy. She was Mr. MILLER of Florida. Madam Speaker, I more than his wife—she was his heart, his 2007. These provisions do not cover new res- rise today to recognize Jimmy Dale love, his life. She was everything to him. taurant construction in stand-alone buildings Spooneybarger for 30 years of service in law There are so many stories that I could tell but only apply to restaurants leasing space enforcement. Through his dedication and self- you—beautiful stories about my mom and within larger commercial buildings, and to im- less sacrifice, Jimmy has contributed much to dad that would make you believe, really be- provements to existing restaurant structures. the efforts of working to keep our country a lieve—in ‘‘true love.’’ For their’s was the Because the depreciation changes that have safer place. truest of love, and they spent their lives de- voting themselves to each other. But instead been made in the past do not apply to stand- While born in Huntingdon, Pennsylvania in alone/owner occupied buildings, a significant of telling you a story, I want to give you an 1950, Jimmy Dale Spooneybarger spent the image—a simple image, for their’s was a sim- sector of retail businesses is at a distinct eco- majority of his childhood in Niceville, Florida. nomic disadvantage, as they must continue to ple love. I want you to imagine my father Graduating from Niceville High School, Jimmy depreciate their buildings, and any improve- and mother sitting at their kitchen table, pursued a degree in Law Enforcement from taking tea together, talking and laughing ments made to them, over a 391⁄2-year sched- the University of West Florida. Upon comple- about what had happened on that particular ule. This recovery period is particularly oner- day. Then my father would smile wide and ous for the restaurant industry because most tion, he joined the local law enforcement com- munity as a police officer in Pensacola, Flor- say that he had a surprise for her—for he was restaurants remodel and update their building always surprising her with some sort of structures every 6 to 8 years—a much shorter ida. In 1977, Jimmy’s career relocated to the treat—and he would go to some nook in a timeframe than is reflected in the current de- West Coast, where he served as a U.S. Bor- cabinet and bring out some mint milano preciation schedule. Each periodic improve- der Patrol Agent in San Diego. cookies that he had bought earlier in the day ment must in turn be depreciated over its own Throughout his career in law enforcement, and hidden away so that, at this moment, he Jimmy’s passion for music only grew. As a could make her even happier than she was. 391⁄2-year schedule, resulting in concurrent professional musician, Jimmy has served as That was their love, the kind of love that depreciable lives. This ‘‘layering’’ in turn yields showed itself in every minute of every day, an actual net tax value in excess of the res- the Bivocational Minister of Music in five churches, including the First Baptist Church of the simple and pure kind of love—sitting to- taurant’s fair market value. gether, laughing, sharing, wanting only each Restaurants must constantly make changes Gulf Breeze, where he continues to serve other’s company. After thirty-five years to keep up with the daily structural and cos- today. their love was something more than what metic wear and tear caused by customers and Jimmy Dale Spooneybarger has proudly they shared—it was who they were. How employees. On any given day, nearly half of served the law enforcement and church com- many people are blessed with such wondrous all American adults are patrons of the res- munity through his leadership and passion. simplicity? And how can I even begin to tell taurant industry. Restaurants get more cus- But he is also a dedicated husband, loving fa- you how much my father loved his family? tomer traffic and are open longer than other ther and grandfather. Northwest Florida is truly My father would often tell me how proud commercial businesses. This heavy use accel- honored to have him as one of her own. he was to have me as a son—but I was even erates deterioration of a restaurant building’s Madam Speaker, on behalf of the United more proud to have him as my father. I like entrance, lobbies, flooring, restrooms, and in- States Congress, it is a great honor for me to to tell stories about him to my students— how he worked for thirty-five years at a post terior walls. Restaurant built structures there- recognize Jimmy Dale Spooneybarger for his continued service to Northwest Florida and office to support his family, working long fore experience more wear and tear unlike hours and sometimes more than one job to that borne by any other types of buildings in this great Nation. send all three of his children to college and the retail industry. f to make sure than they all had the opportu- These renovations and structural improve- nities in life that he never had. I would tell ments made to restaurants every 6 to 8 years MANO JAMES TORTA them about how he would try to give me the come at an average cost of $250,000 to last dollar he had in his wallet, how he would $400,000. This year alone the restaurant in- HON. JOHN CAMPBELL always make time for us to talk or play catch in the backyard even when he was ex- dustry is expected to spend in excess of $5.5 OF CALIFORNIA billion on capital expenditures for building con- hausted from a long night at work, how he IN THE HOUSE OF REPRESENTATIVES gave everything he had to his family. But struction and renovations. The restaurant in- Thursday, September 20, 2007 again, words cannot tell the story of my fa- dustry is projected to spend over $70 billion ther’s love for his family. If only you could over the next 10 years for building construc- Mr. CAMPBELL of California. Madam have seen how gently he picked us up when tion and renovations. These expenditures in Speaker, I rise to pay tribute to Mano James we fell down and scraped our knees, how se- turn have a significant economic impact on the Torta. Mr. Torta was tragically killed on March curely he held us in his arms when we cried, construction industry, with whose members 30, 2007, when he was hit by a drunk-driver how he held our hands when we were sick. It restaurants contract to perform the new con- while crossing the street in front of his apart- is often said that you never know what you struction and renovations. According to the ment building. Mr. Torta was on the way to have until it is gone, but my sisters and I Bureau of Economic Analysis, every dollar meet his wife, Lorraine, for dinner. knew how lucky we were. It was impossible not to know what a good father my dad was. spent in the construction industry generates Madam Speaker, my thoughts and prayers We depended so much on him and he never, an additional $2.39 in spending in the rest of go out to Lorraine, and the rest of the Torta never, let us down. He always wanted to give the economy, while every $1 million spent in family, including his son James and his two us more, help us more, and spend more time the construction industry creates more than 28 daughters, Kimberly and Christine, Christine’s with us. We would give anything to spend jobs in the overall economy. husband Peter and their daughter, his grand- more time with him now.

VerDate Aug 31 2005 04:59 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A20SE8.028 E20SEPT1 ccoleman on PROD1PC69 with REMARKS E1942 CONGRESSIONAL RECORD — Extensions of Remarks September 20, 2007 My sisters would tell you that no matter RECOGNIZING WAYNE VIGER, NA- With Roach the cymbals led the way, not how much we loved him, he loved us more. TIONAL ASSOCIATION OF LET- just followed the chart; and, every now and Listening to my sisters remember him, hear- TER CARRIERS NATIONAL HERO then, Roach would accent a beat or drop an ing my mom mourn—I’ve come to under- OF THE YEAR explosion on the tom-tom, to carve up the stand that he taught us about many things, rhythm and extend the horns’ liberties. Even but the most important thing he taught us HON. MICHAEL H. MICHAUD the most casual listener could not help hearing about was love. He showed us that love was the difference. Throughout the next 47 years not to be spent on material things, but to be OF MAINE his virtuosity would change the way drummers given to people who are close to you. He IN THE HOUSE OF REPRESENTATIVES and musicians looked at playing jazz. taught us that love, above all other things, Thursday, September 20, 2007 Max Roach was a prolific performer and re- was of paramount importance in this life— cording artist; indeed, he was the percus- that without love we have nothing. And he Mr. MICHAUD. Madam Speaker, today I sionist on many of the seminal jazz recordings didn’t just say these things; he lived his life rise to congratulate Mr. Wayne Viger, this of the last half century. inspired by these ideals. year’s recipient of the National Association of Renowned throughout his performing life, Letter Carriers’ National Hero of the Year My father wrote me a letter seven years Roach has won an extraordinary array of hon- Award. ago, a letter I have carried around in my ors. He was one of the first winners of the We are all familiar with the unofficial motto wallet ever since. In the letter he wrote— MacArthur Foundation ‘‘genius’’ grant, cited as of the letter carriers which says that ‘‘neither with touching simplicity and sincerity—to a Commander of the Order of Arts and Letters tell me how much he loved me, how proud he snow, nor rain, nor heat, nor gloom of night in France, twice awarded the French Grand was of me, and how he hoped that I would stays these couriers from the swift completion Prix du Disque, elected to the International follow my heart and make all my dreams of their appointed rounds.’’ Mr. Viger went Percussive Society’s Hall of Fame and the come true. I didn’t need to carry it around— above and beyond even this solemn promise, Downbeat Magazine Hall of Fame, awarded I mean, I never needed any reminder of how putting himself at risk to evacuate residents of Harvard Jazz Master, celebrated by Aaron he felt—but I whenever I touched the folded a burning apartment building. Davis Hall, given eight honorary doctorate de- up paper, no matter where I was or what I While completing his rounds, Mr. Viger grees, including degrees awarded by the Uni- was doing, I felt as though everything was smelled smoke at an apartment building on his versity of Bologna, Italy and Columbia Univer- going to be okay. And that’s how he made all route. Hearing a smoke alarm and seeing sity. of us feel—warm and loved and safe. I was smoke pouring from the door and windows of He is survived by five children: sons Daryl not surprised when, on Friday night, my a ground floor apartment, he entered the and Raoul, and daughters Maxine, Ayo and mom showed me a note he had written her— apartment to find an elderly woman with Dara. My heart goes out to them and I wish also folded up and tucked into her purse. He clothes aflame and hair singed. Viger pulled them all well in this time of difficulty. It is un- had that effect on all of us. the woman to safety and extinguished her likely that we will ever see another Max My father had so many things to look for- burning clothing. He proceeded to alert and Roach, but we were blessed to have had him ward to—he was going to retire this summer evacuate other residents of the building, pro- while we did. after 35 years of service and travel around viding comfort and care wherever he could. f the world with my mom. He was going to I am very proud to extend my heartfelt con- IN RECOGNITION OF DR. LILLI watch his lovely granddaughter Caitlin grow gratulations to Mr. Wayne Viger for his actions LAND up. He was finally going to get a chance- and for receiving the National Association of after all those years of struggling and work- Letter Carriers’ National Hero of the Year ing—to take a deep breath and relax. No man Award. His actions speak to deep-rooted cour- HON. MIKE ROGERS has ever deserved to enjoy the fruits of life age and compassion for others as well as OF ALABAMA after retirement more than he. Yet there he quick thinking and decisiveness, qualities IN THE HOUSE OF REPRESENTATIVES was, crossing the street, on the cusp of a which make him a role model for others and Thursday, September 20, 2007 whole new chapter in life—and he was taken a deserving Hero of the Year. Mr. ROGERS of Alabama. Madam Speaker, from this world . . . not by illness or old age, f but by cruel, cruel chance. His death was a I respectfully ask the House’s attention today senseless tragedy—proof of what an unfair HONORING THE LIFE AND WORK to recognizing a highly distinguished educator and senseless world this can be—but today I OF MAX ROACH in my Congressional district, Dr. Lilli Land. Dr. beg you instead to remember how he lived Land is the principal of the Auburn Early Edu- his life . . . for his kindness, grace, and gen- HON. JOHN CONYERS, JR. cation Center, and recently received a Na- erosity should be an example to us all. He tional Distinguished Principal award from the OF MICHIGAN would not want us to harden our hearts and National Association of Elementary School spend this time burning with anger at the IN THE HOUSE OF REPRESENTATIVES Principals. enormity of this tragedy. Instead remember Thursday, September 20, 2007 Dr. Land is a graduate of Auburn University, what a wonderful, beautiful man he was, the and holds the following degrees in Early Child- kind of man who gave so much and took so Mr. CONYERS. Madam Speaker, I rise hood Education: Bachelor of Science, Master little. Remember how a man who had seen so today to honor and remember the incredible of Education, Specialist in Education, and a much and worked so hard somehow managed life and work of legendary jazz drummer and Doctorate in Philosophy. She has been a part to keep his heart so pure, and his soul so composer Max Roach. of the Alabama Public School system since gentle. For who here ever knew a man as Few of the musicians remain who were she first taught second grade in Tallapoosa gentle as he? there with Charlie Parker, Coleman Hawkins, County in 1981, and has more recently served Yesterday I said that my dad was lucky to Dizzy Gillespie, Miles Davis, Bud Powell and as a kindergarten teacher and in various ad- have met his granddaughter Caitlin—for she Thelonious Monk as they created a new more ministrative capacities. In 2000, Dr. Land was born only 14 months ago—and my sister adventurous, unbridled form of jazz: bebop. joined Auburn City Schools and now serves as Kim corrected me and said that Caitlin was The passing of Max Roach on August 16, at AEEC’s principal. lucky to have met him. And that is the truth age 83, marks another step towards the end During Dr. Land’s tenure, AEEC has be- of it—we all were lucky to have known him. of the modern jazz world’s greatest genera- come a renowned example of excellence in He was the best of men . . . the very best. He tion. early childhood education. Her educational will be missed more than anyone can pos- Roach’s style, marked by its awe inspiring philosophy promotes original, student-driven sibly imagine. clarity and control, would come to redefine content and individual attention to help maxi- and expand the role of jazz drummers. In the mize every student’s potential. AEEC has also Again, my thoughts and prayers go out to mid-1940’s he transformed the sound of jazz received numerous awards for outstanding in- the Torta family. percussion from an easy-going, head-swaying tegration of new technologies into their cur- swing sound, with just a dash of horn-led syn- riculum. copation, to a sound that had a propulsive I congratulate Dr. Lilli Land for her years of drive. After Max Roach, being a jazz drummer service and outstanding leadership in helping meant more than being a mere tempo-keeper. educate Alabama’s children.

VerDate Aug 31 2005 04:59 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A20SE8.032 E20SEPT1 ccoleman on PROD1PC69 with REMARKS September 20, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1943 TRIBUTE TO COLONEL FRAZIER Had I been present for rollcall No. 868 on RECOGNIZING TEXARKANA, TX, suspending the rules and passing H.R. 1657, T.J. MAXX ACCOMPLISHMENT HON. DARRELL E. ISSA to establish a Science and Technology Schol- OF CALIFORNIA arship Program, I would have voted ‘‘yea.’’ HON. RALPH M. HALL IN THE HOUSE OF REPRESENTATIVES Had I been present for rollcall No. 869 on OF TEXAS suspending the rules and passing H.R. 3527, IN THE HOUSE OF REPRESENTATIVES Thursday, September 20, 2007 to extend the authorities of the Overseas Pri- Thursday, September 20, 2007 Mr. ISSA. Madam Speaker, I rise today to vate Investment Corporation, I would have Mr. HALL of Texas. Madam Speaker, I rise honor the 30 years of exemplary service that voted ‘‘yea.’’ today to recognize the generosity of my con- Colonel Frazier of the United States Marine On September 18, had I been present for Corps has given to this great country. stituents in Texarkana, TX, for their efforts to rollcall No. 870, to approve the Journal, I help children in need during back-to-school Colonel Frazier has served in many capac- would have voted ‘‘yea.’’ ities since he enlisted in the U.S. Marine shopping last month. Had I been present for rollcall No. 871 on Corps in 1974. During his seven years of en- For over twenty years, T.J. Maxx has Ordering the Previous Question on H. Res. listed service and 30 total years of service, he partnered with Save the Children to help raise 650, providing for consideration of H.R. 1852, served a myriad of posts in a variety of loca- money for and awareness about their pro- Expanding American Homeownership Act of tions worldwide. He has served his country grams in the United States. These include 2007, I would have voted ‘‘yea.’’ both in enlisted service and in positions of early childhood development, literacy, nutrition leadership in Saigon, Korea, Okinawa, Thai- Had I been present for rollcall No. 872 on and physical activity programs that are imple- land, Russia, Camp Pendleton, CA; Parris Is- approving H. Res. 650, providing for consider- mented through partnerships with schools and land, SC; Australia, Quantico, VA; Stuttgart, ation of H.R. 1852, Expanding American community organizations serving low-income Germany; and finally, in Iraq. Homeownership Act of 2007, I would have children in rural communities. In 1989, he earned his BS in Criminal Jus- voted ‘‘yea.’’ On August 31st, T.J. Maxx concluded its in- tice Administration from National University Had I been present for rollcall No. 873, on store ‘‘Happy Hearts’’ campaign that raised using the Marine Corps College Degree Pro- passing the Hensarling amendment to H.R. $1.47 million for Save the Children. I thank all gram. Upon graduation from Top Level School 1852, Expanding American Homeownership who contributed to this great cause, but I am in 2003 he was assigned to I Marine Expedi- Act of 2007, I would have voted ‘‘nay.’’ especially pleased that the T.J. Maxx store tionary Force G-4 Division and completed two Had I been present for rollcall No. 874, on that raised the most money per customer was deployments to Iraq. He was promoted to passing the Biggert amendment to H.R. 1852, in my district, in Texarkana, Texas. Considering all the demands that individuals Colonel on 1 January 2005 and joined Expanding American Homeownership Act of have on their time and money, I applaud the MCIWEST Headquarters in March 2006 and 2007, I would have voted ‘‘nay.’’ customers in the Texarkana area who gener- served concurrently as Head, Infrastructure Had I been present for rollcall No. 875, a ously donated to the worthy cause of Save the Plans Branch and as Assistant Chief of Staff motion to recommit H.R. 1852, Expanding Children. T.J. Maxx is giving communities Facilities, MCB, Camp Pendleton, CA. American Homeownership Act of 2007, I across the country the opportunity to help With such a diverse resume and a multi- would have voted ‘‘nay.’’ those in need, and I heartily applaud their ef- disciplinary record of leadership positions, his Had I been present for rollcall No. 876, on forts. deep understanding of many facets of the passing H.R. 1852, Expanding American f United States Marine Corps lends him to Homeownership Act of 2007, I would have being not only just an excellent advocate for voted ‘‘yea.’’ IN RECOGNITION OF THE our troops, but a quintessential example for Had I been present for rollcall No. 877 on FLUSHING REMONSTRANCE how diversely talented a Marine can be. With suspending the rules and passing H.R. 3096, his willingness to travel, to continue his edu- to promote freedom and democracy in Viet- HON. GARY L. ACKERMAN cation and to serve his country wherever and nam, I would have voted ‘‘yea.’’ OF NEW YORK whenever possible, the United States and the IN THE HOUSE OF REPRESENTATIVES U.S. Marine Corps could not have asked for On September 19, had I been present for more. In his 30 years of military service Colo- rollcall No. 878, to approve the Journal, I Thursday, September 20, 2007 nel Frazier has proven himself an able and would have voted ‘‘yea.’’ Mr. ACKERMAN. Madam Speaker, I rise willing leader. Had I been present for rollcall No. 879 on today to recognize and celebrate the 350th His personal decorations include the Bronze Ordering the Previous Question on H. Res. anniversary of the signing of the Flushing Re- Star, three Meritorious Service Medals, two 660, providing for consideration of H.R. 2761, monstrance. Though sadly not as well known Navy and Marine Corps Commendation Med- the Terrorism Risk Insurance Revision and Ex- as some of our country’s other founding docu- als, three Navy and Marine Corps Achieve- tension Act, I would have voted ‘‘yea.’’ ments, the Flushing Remonstrance’s heroic ment Medals, and two Good Conduct Medals. Had I been present for rollcall No. 880 on call for religious freedom made this document Colonel Frazier is married to the former passing H. Res. 660, providing for consider- fundamental to the establishment of our coun- Myra Marie Marbrey of Carlsbad, CA. They ation of H.R. 2761, the Terrorism Risk Insur- try as a land of religious liberty. have five children: Gerald, an Air Force Mas- ance Revision and Extension Act, I would On December 27, 1657, in Flushing, New ter Sergeant, Clyde III, Jeremy, Michael and have voted ‘‘yea.’’ Netherland, in the Borough of Queens, in New Anthony. Had I been present for rollcall No. 881 on York City, 29 brave English citizens composed On behalf of the people of the United passing the Frank amendment to H.R. 2761, a document stating their unwillingness to tol- States, whom Colonel Frazier spent a career the Terrorism Risk Insurance Revision and Ex- erate or enforce an official mandate for reli- serving, I thank him for his service and com- tension Act, I would have voted’’ yea.’’ gious persecution. These daring patriots rose mitment to the defense of our Nation; he truly Had I been present for rollcall No. 882 on in protest of Governor Peter Stuyvesant’s call is a great American hero. passing the Pearce amendment to H.R. 2761, to persecute the area’s new Quaker inhab- f the Terrorism Risk Insurance Revision and Ex- itants, and affirmed their belief in the ‘‘law of tension Act, I would have voted ‘‘nay.’’ love, peace and liberty.’’ PERSONAL EXPLANATION Madam Speaker, some of the signatories of Had I been present for rollcall No. 883, a the Remonstrance were imprisoned, and many HON. THOMAS H. ALLEN motion to recommit H.R. 2761, the Terrorism suffered for their actions. Nevertheless, by Risk Insurance Revision and Extension Act, I standing up for their beliefs, they successfully OF MAINE would have voted ‘‘nay.’’ IN THE HOUSE OF REPRESENTATIVES initiated the fight for religious freedom in the Had I been present for rollcall No. 884, on New World. We all owe the signers of the Thursday, September 20, 2007 passing H.R. 2761, the Terrorism Risk Insur- Flushing Remonstrance a debt of gratitude, as Mr. ALLEN. Madam Speaker, on September ance Revision and Extension Act, I would their appreciation of, and commitment to reli- 17, had I been present on rollcall No. 867 to have voted ‘‘yea.’’ gious freedom has become the cornerstone of suspend the rules and pass H.R. 3246, the Had I been present for rollcall No. 885, on our democracy. Regional Economic and Infrastructure Devel- suspending the rules and passing H.R. 3580, Later this year, the Borough of Queens will opment Act of 2007, I would have voted the Food and Drug Administration Amend- celebrate the 350th anniversary of the Flush- ‘‘yea.’’ ments Act of 2007, I would have voted ‘‘yea.’’ ing Remonstrance with many descendants of

VerDate Aug 31 2005 04:59 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A20SE8.037 E20SEPT1 ccoleman on PROD1PC69 with REMARKS E1944 CONGRESSIONAL RECORD — Extensions of Remarks September 20, 2007 the document’s signatories. The original docu- verbal and physical assaults, school closings, And I am proud that, just as this body was ment will be transported from the State Ar- and other adversities, the Little Rock Nine per- the first in our Government to give the Dalai chives in Albany, New York and will be on dis- severed in their mission of school integration. Lama a venue to speak on behalf of his peo- play at the Queens Borough Public Library, And despite the violence that was inflicted ple, we will take the lead again and honor him Flushing, during the official celebration. upon them, the Little Rock Nine did as Dr. with the Congressional Gold Medal. Madam Speaker, I ask all my colleagues to King instructed: ‘‘[M]eet physical force with I have come to know the Dalai Lama is one join me in recognizing the 350th anniversary soul force.’’ On September 26, 1957, Dr. King of our era’s greatest moral heroes, sharing a of the Flushing Remonstrance, a document urged the people of Little Rock to ‘‘adhere rig- commitment to peace of other great leaders of that pioneered the right to religious freedom in orously to a way of non-violence,’’ and they our time, including Mahatma Gandhi, Nelson America and throughout the world. did. The Little Rock Nine not only furthered Mandela and the Reverend Martin Luther f the Civil Rights Movement’s strategy of non-vi- King, Jr. olence, but proved that ordinary citizens, and At a time in history when national griev- PERSONAL EXPLANATION young citizens like themselves, could bring ances are often expressed in the most strident about change. Just as Rosa Park’s refusal to language and when political violence and rage HON. TED POE give up her seat led to integration of public ac- are everywhere, the Dalai Lama speaks with a commodations, the Little Rock Nine’s refusal OF TEXAS different voice. Instead of hating his oppo- to be denied an education led to integration of IN THE HOUSE OF REPRESENTATIVES nents, he recognizes the humanity of those public schools. who are oppressing his people. Always, he Thursday, September 20, 2007 Members of the Little Rock Nine went on to seeks to find the path to harmony and peace. become social workers, educators, govern- Mr. POE. Madam Speaker, on rollcall No. ‘‘I speak not with a feeling of anger or ha- ment officials, and other distinguished profes- 867, H.R. 3246, the Regional Economic and tred toward those who are responsible for the sionals. In 1999, the Little Rock Nine estab- Infrastructure Development Act, I was inad- immense suffering of our people and the de- lished the Little Rock Nine Foundation. The vertently detained. I would have voted ‘‘nay.’’ struction of our land, homes and culture,’’ said Foundation is dedicated to advancing edu- On rollcall Nos. 868 and 869, I was also de- His Holiness in his Nobel Lecture. ‘‘They, too, cational access and opportunities for young tained. I would have voted ‘‘aye’’ on H.R. are human beings who struggle to find happi- people of color—a commitment that reflects 1657, Science and Technology Scholarships ness and deserve our compassion. I speak to the significant and historic role of the Little and ‘‘aye’’ on H.R. 3527, Extending Authorities inform you of the sad situation in my country Rock Nine in the Civil Rights Movement and for the Overseas Investment Corporation—Pri- today and of the aspirations of my people, be- within the realm of education. vate. cause in our struggle for freedom, truth is the Today, because of the Little Rock Nine, our only weapon we possess.’’ f country’s children, regardless of race, are enti- tled to fair and equal education. In furthering We have before us today, a resolution INTRODUCTION OF RESOLUTION whose purpose is to authorize the use, on Oc- RECOGNIZING THE 50TH ANNI- this entitlement, the Congress must continue to work to promote racial diversity, integration, tober 17, of the rotunda of the Capitol as the VERSARY OF THE LITTLE ROCK venue for the ceremony at which my dear NINE and inclusion within our Nation’s schools. It is our responsibility to continue the legacy of friend, His Holiness the Dalai Lama, will re- Brown v. Board and the Little Rock Nine. A ceive the Congressional Gold Medal. HON. JOHN CONYERS, JR. resolution recognizing the 50th anniversary of That is an appropriate location. The Capitol OF MICHIGAN the Little Rock Nine integrating Little Rock is the great symbol of American freedom—and IN THE HOUSE OF REPRESENTATIVES Central High is symbolic of this commitment. of hope to millions around the world. Who bet- ter to be honored there? Thursday, September 20, 2007 f I strongly support the resolution and urge Mr. CONYERS. Madam Speaker, today I AUTHORIZING THE USE OF THE my colleagues to do the same. rise to introduce a resolution recognizing the ROTUNDA AND GROUNDS OF THE 50th anniversary of the desegregation of Little CAPITOL FOR A CEREMONY TO f Rock Central High School by the Little Rock AWARD THE CONGRESSIONAL Nine. GOLD MEDAL TO TENZIN TRIBUTE TO MARINE CPL CARLOS Fifty years ago today, on September 25, GYATSO, THE FOURTEENTH OROZCO 1957, 9 African American students who would DALAI LAMA come to be known as the Little Rock Nine— HON. ZOE LOFGREN Minnijean Brown, Elizabeth Eckford, Ernest HON. TOM LANTOS OF CALIFORNIA Green, Thelma Mothershed, Melba Pattillo, OF CALIFORNIA Gloria Ray, Terrence Roberts, Jefferson IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Thomas, and Carlotta Walls—successfully in- Thursday, September 20, 2007 tegrated Little Rock Central High. With Thursday, September 20, 2007 strength, determination, and dignity, the Little Mr. LANTOS. Madam Speaker, 20 years Ms. ZOE LOFGREN of California. Madam Rock Nine stood up to the inequities and in- ago—in October of 1987—His Holiness the Speaker, I rise today to honor Marine Cpl. justices of their time. Dalai Lama came here to Washington for the Carlos Gil Orozco, who died on September The Little Rock Nine realized that the prom- purpose of sharing with the leaders of our 10th while out on patrol in AI-Anbar province. ise of the 1954 Brown v. Board (347 U.S. 483) country his mission to end the systematic In 1993, Carlos and his family immigrated to was unfulfilled 3 years later in 1957. The abuse by the People’s Republic of China of San Joe, California from Colombia, in search Brown decision recognized that the segrega- the fundamental human rights of the people of of a better life. Carlos graduated from Willow tion of public schools deprived students of the Tibet. Glen High School, and later decided to join Constitution’s Fourteenth Amendment guar- In that effort, His Holiness did not have the Marines with the support of his family. antee of equal protection. Continued segrega- much success. Carlos was described by friends as a good tion on the basis of race was to be no more. For fear offending the People’s Republic of American, who will be sorely missed. More Armed with the Brown v. Board decision, the China, President Reagan chose not to meet than 300 mourners gathered in downtown San Little Rock Nine would successfully dismantle with him. Jose this past Monday to attend his memorial years of school segregation. At the Department of State, it was the same service. Implementing the law of the land, the ac- story. On behalf of this Congress and California’s tions of the Little Rock Nine were symbolic of But at the Congressional Human Rights 16th Congressional District, I offer Carlos’s the promise of educational access and equal- Caucus, which I founded and of which I was family our deepest condolences as they cope ity not just in Little Rock, but in cities through- then—and remain—co-chairman, we decided with this painful loss. We are so thankful for out the nation. The Little Rock Nine conveyed in the face of much protest to give to the Dalai his dedicated service to our country. Our that ‘‘separate, but equal’’ would have no Lama the forum he deserved. To this day, I thoughts and prayers are with Carlos’s family place in this country. Despite death threats, am proud of that decision. and friends.

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INTRODUCTION OF ‘‘LOCAL LAW communities have the ability to discourage ille- RA, Rep. GRACE NAPOLITANO, Rep. HILDA ENFORCEMENT RESTORATION gal immigration consistent with federal law, SOLIS, Rep. ED ROYCE, and Rep. JANE HAR- ACT OF 2007’’ then join me in passing the The Local Law En- MAN pay tribute today to Ehud Danoch, Consul forcement Restoration Act of 2007. General of Israel in Los Angeles. We have HON. DAVE WELDON f had the pleasure of working with the Consul OF FLORIDA General on many Middle East issues since his TRIBUTE TO CONGREGATION OHEV IN THE HOUSE OF REPRESENTATIVES arrival in Los Angeles in October of 2004 and SHOLOM view his return to Israel with regret. Thursday, September 20, 2007 Consul General Danoch is a distinguished Mr. WELDON of Florida. Madam Speaker, I HON. DENNIS MOORE and greatly admired individual who has en- rise today to introduce the Local Law Enforce- OF KANSAS joyed an outstanding diplomatic career. Prior to arriving in Los Angeles, he served as Chief ment Restoration Act of 2007 in response to IN THE HOUSE OF REPRESENTATIVES the recent decision by a federal judge to strike of Staff to Deputy Prime Minister and Minister down a local ordinance in Hazleton, Pennsyl- Thursday, September 20, 2007 of Foreign Affairs Silvan Shalom. He held this vania aimed at addressing out of control illegal Mr. MOORE of Kansas. Madam Speaker, position during some of Israel’s most chal- immigration in that community. The purpose of Ohev Sholom is the oldest continuously oper- lenging moments in foreign policy—the road that local ordinance was to keep illegal aliens ating Jewish House of Worship in the state of map, the disengagement plan, and the secu- from taking up residence within the town’s ju- Kansas. rity fence. He served as Senior Advisor to risdiction or taking local jobs. I believe that my Congregation Ohev Sholom was founded in Israel’s Minister of Finance, where he helped legislation is necessary at this time in order to 1877 and is currently a Member of The United shape Israel’s economic policy and the na- provide clarity and ensure that local elected Synagogue of Conservative Judaism. The first tional budget. His contributions as liaison to officials are able to enforce ordinances against building erected by Gomel Chesed Syna- the Ministry of Finance, the Prime Minister’s illegal immigration in their communities. Immi- gogue, at 925 State Line, was dedicated by Bureau, the Israeli Parliament, and other gov- gration enforcement has already overburdened Rabbi M. Gershonowitz on September 3, ernment offices, were invaluable. our federal law enforcement agencies, and 1893. Congregation Ohev Sholom was the re- Consul General Danoch received both a law degree and an MBA from Manchester Univer- state and local governments should not be sult of a merger between Gomel Chesed and sity. He is a member of the Israeli Bar Asso- hampered when they want to step in where Shearith Israel Synagogues. Congregation ciation and has specialized in corporate and fi- the federal government has failed. The federal Ohev Sholom’s first building was at 7th and nance law and business litigation. Born in judge misread current federal immigration law Sandusky in Kansas City, Kansas and they Ashkelon, Israel, he lived abroad for many and communities should not be penalized by moved into that building in 1925. years. over-reaching federal judges. My legislation Ohev Sholom began the transition from 7th His multi-cultural experiences and knowl- simply clarifies the right of local communities and Sandusky, Wyandotte County, Kansas, to edge of Hebrew, English, and Spanish have and states to address the consequences of il- 75th and Nall, Johnson County, Kansas, in the been extremely useful during his years in Los legal immigration within their jurisdictions. 1950s. The current location was completed in Angeles. He met with leaders in the Latino po- A number of other communities and several two stages. The school building was finished litical, business, and media communities; and states have taken similar approaches to ad- in 1961, while the remaining structure was fin- forged new partnerships which provide great dress illegal immigration in their communities. ished about a decade later. mutual benefits. The Consul General was also Given the Federal Government’s failure to act Congregation Ohev Sholom offers a sched- a strong force in uniting the Jewish commu- to enforce the laws already on the books to ule of programs that include Regular Daily nities in the area through Israel-centered combat illegal immigration, a growing number Morning Services, Weekly Sabbath Services, events. of state and city officials across the United an Active and Vibrant Sisterhood, a Robust Consul General Danoch’s passion for film States are pursuing laws similar to those en- Breakfast Club, Social Action Activities, and endeared him to many influential individuals in acted in Hazelton. These elected officials are Programs for Adult Education, and Community Hollywood. The relationships he forged en- driven by Washington’s failure to control our Action including participation in building a abled him to marshal entertainment industry borders or deal with the more than 12 million Habitat for Humanity House. Congregation support for Israel during the Hezbollah war of illegal immigrants living in the U.S. Ohev Sholom’s Religious School is an exciting 2006. It is important to remove any ambiguity part of programming and spans kindergarten During his three year tenure as Consul Gen- about the ability of states and localities—the to tenth grade. Congregation Ohev Sholom eral of Israel, Ehud Danoch dedicated his time ones who bear the financial costs associated also offers an Adult Education Program that and energy in promoting Israel’s many re- with illegal immigration—to enforce their local includes Torah Study, lectures and sources and providing opportunities for mutual ordinances aimed at addressing illegal immi- minicourses, lunches, brunches, and speak- advancements in the fields of high tech, trade, gration in their community. In many ways, ille- ers. Additionally, Congregation Ohev Sholom and finance. A man of tradition and devout ob- gal immigration is the ultimate unfunded man- conceived and executed the metro Kansas servance, he furthered religious tolerance by date—the federal government fails to control City area’s first KosherFest—A Celebration of arranging for Israeli spiritual leaders to meet the border, but then saddles states and local- Jewish Food—and will continue that tradition with those in the United States. ities with the costs imposed by illegal aliens on June 1, 2008 and thereafter. Madam Speaker, distinguished colleagues, (in the form of education spending, public Congregation Ohev Sholom will celebrate its we ask you to join us in saluting Ehud Danoch services, and law enforcement costs). 130th Anniversary, October 27, 2007. Madam on his many achievements as Consul General It is important to clarify that states and local- Speaker, I know that you and the entire U.S. of Israel in Los Angeles and extending our ities are not preempted by federal law from House of Representatives join with me in tak- best wishes for his future endeavors. imposing civil or criminal sanctions upon those ing note of this special and important occa- f who employ, recruit or refer for a fee for em- sion. H.R. 3161—MAKING APPROPRIA- ployment, unauthorized aliens. In the case of f TIONS FOR AGRICULTURE, the ruling against Hazleton, the judge went RURAL DEVELOPMENT, FOOD TRIBUTE TO EHUD DANOCH, CON- well beyond the intent of federal law. Essen- AND DRUG ADMINISTRATION, SUL GENERAL OF ISRAEL IN tially, he said that cities and states are power- AND RELATED AGENCIES PRO- LOS ANGELES less to discourage illegal immigration within GRAMS FOR THE FISCAL YEAR their jurisdiction. The good news is that by ENDING SEPTEMBER 30, 2008, AND amending the INA we can address this prob- HON. HOWARD L. BERMAN FOR OTHER PURPOSES lem and provide the degree of clarity to this OF CALIFORNIA issue that would remove any ambiguity in the IN THE HOUSE OF REPRESENTATIVES HON. ANDER CRENSHAW law. My legislation does just this, and makes OF FLORIDA sure that cities and states have leeway to rein- Thursday, September 20, 2007 IN THE HOUSE OF REPRESENTATIVES force federal immigration law. Mr. BERMAN. Madam Speaker, it is with If you believe that the Federal Government great pleasure that I and my colleagues, Rep. Thursday, September 20, 2007 has failed to effectively enforce our immigra- HENRY WAXMAN, Rep. ADAM SCHIFF, Rep. Mr. CRENSHAW. Madam Speaker, I rise tion laws, and believe that the Federal Gov- BRAD SHERMAN, Rep. LINDA SA´NCHEZ, Rep. today in opposition to H.R. 3161, the Agri- ernment should ensure that states and local LUCILLE ROYBAL-ALLARD, Rep. XAVIER BECER- culture, Rural Development, Food and Drug

VerDate Aug 31 2005 04:59 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A20SE8.046 E20SEPT1 ccoleman on PROD1PC69 with REMARKS E1946 CONGRESSIONAL RECORD — Extensions of Remarks September 20, 2007 Administration, and Related Agencies pro- DR. JAMES H. BILLINGTON: TWEN- can be designated as a living national treas- gram. I regretfully do so even though agri- TY YEARS OF DISTINGUISHED ure. We don’t have that tradition here in Amer- culture is second only to tourism in terms of SERVICE AS LIBRARIAN OF CON- ica, but if we did, I do not think that I would revenue for my home state of Florida. GRESS be alone in submitting for that honor the name of James H. Billington. By passing this legislation in its current I congratulate Dr. Billington on his 20th an- form, the House of Representatives is almost HON. TOM LANTOS OF CALIFORNIA niversary—and I thank him for the great things ensuring a veto from the White House. This that he has done for our country. bill would spend $91.5 billion including $18.8 IN THE HOUSE OF REPRESENTATIVES f in discretionary spending, and is $993 million Thursday, September 20, 2007 over the President’s budget request. I am con- Mr. LANTOS. Madam Speaker, on Sep- H.R. 3162:—THE CHILDREN’S cerned that if we send this bill to the Presi- tember 14, 1987, Dr. James H. Billington, who HEALTH AND MEDICARE PRO- dent’s desk with the current excessive spend- had already distinguished himself as one of TECTION ACT ing, it will be vetoed along with many of the this nation’s most eminent cultural historians, other fiscal year 2008 Appropriations bills. It is was installed as the 13th Librarian of Con- HON. ANDER CRENSHAW imperative that we write a bill with real reform gress. As one of Dr. Billington’s many admir- OF FLORIDA and realistic spending levels. My constituents ers, I want to extend to him my warmest con- IN THE HOUSE OF REPRESENTATIVES of the Fourth Congressional District of Florida, gratulations on his 20th anniversary in that Thursday, September 20, 2007 along with the rest of America deserve legisla- distinguished post. Mr. CRENSHAW. Madam Speaker, I rise tion that contains realistic funding levels to en- As a youngster in his native Pennsylvania, today to express my displeasure with H.R. sure the safety of their food, promote con- Dr. Billington began what was to be a life-long 3162—The Children’s Health and Medicare servation, provide assistance to those in need pattern of exceptional intellectual accomplish- Protection Act (CHAMP). The CHAMP Act and protect the health of plants and animals ment. He was one of those habitual valedic- would expand the existing State Children’s through research. torians—first at Lower Merion High School and Health Insurance Program (SCHIP) by giving then, at Princeton University. He next went as nearly 5 million children who come from mid- f a Rhodes Scholar to Oxford University, where dle-income families access to free healthcare. he completed his Ph.D. This proposal pays for this expansion by cut- LIEUTENANT MICHAEL J. SPIRITO Dr, Billington has been a professor at two of ting 3 million senior citizens’ access to Medi- our most famous universities—Harvard and care. This legislation would nearly double the Princeton. 6.6 million children who are currently enrolled HON. JIM GERLACH He is the author of several notable books on in the SCHIP program. the cultural and political history of Russia— OF PENNSYLVANIA In my home state of Florida, the current The Icon and the Axe and Fire in the Minds SCHIP program level covers children in fami- IN THE HOUSE OF REPRESENTATIVES of Men, to name just two. Another of his lies who earn up to 200 percent above the books—The Face of Russia—became the poverty level, which amounts to a $41,200 an- Thursday, September 20, 2007 basis of a three-part television series on PBS. nual income for a family of four. I support the At last count, Dr. Billington had been award- Mr. GERLACH. Madam Speaker, I rise SCHIP program in its current form. However, ed 33 honorary degrees from institutions all I cannot support an over-expansion of the pro- today to honor Lieutenant Michael J. Spirito over the world, including Oxford, Moscow for his long-time service to the Tredyffrin gram that uses hard-earned tax dollars to pro- State University and Tblisi State University in vide free healthcare to children and adults Township Police Department and surrounding the Republic of Georgia. communities. who come from middle-income families that It is in his present job, however—that of Li- make 300 to 400 percent of the federal pov- Lieutenant Spirito began his career in law brarian of Congress—that Dr, Billington has erty level. enforcement as a police officer in West Brad- made truly monumental contributions to our The CHAMP Act is nothing more than a ford Township, Chester County, Pennsylvania nation’s cultural and intellectual life. veiled effort to develop a single-payer in March 1972. On his way to the Tredyffrin ‘‘This place has a destiny to be a living en- healthcare system. In order to pay for this Township Police Department, Lt. Spirito cyclopedia of democracy,’’ he said in his inau- gross expansion of socialized medicine, this served four years with the West Chester Bor- gural address, ‘‘not just a mausoleum of cul- proposal would cut Medicare funds for 9,746 ough Police Department. Lt. Spirito joined the ture, but a catalyst for civilization.’’ seniors who live in the Fourth Congressional Tredyffrin Township Police in August 1977 and For two decades, he has worked to fulfill District of Florida and are currently enrolled in has been a proud member of that force from that destiny. the Medicare Advantage Program. I believe that day on. During Dr. Billington’s tenure, the holding of that my constituents would be unsupportive of the Library of Congress have grown from 86 any measure that compromises healthcare to Lt. Spirito is a graduate of Newman College million to over 135 million items. The Library’s the elderly in an attempt to give free and is also a graduate of the 253rd session of budget has grown in that same period by over healthcare to middle-class children and adults the National Academy of the FBI. Born in 200 percent. who were already covered by private health Brooklyn, New York and raised in Delaware In the Billington years, the Library has insurance plans. Finally, the funding mecha- County, Pennsylvania, giving back to the com- launched many new services—THOMAS, for nism for this expansion incorporates an in- munity has always been a priority with Lt. example, is familiar to all of us here in Con- crease in the federal cigarette tax from 39 Spirito. In addition to his service as a police gress and the American Memory Program is cents to 84 cents per pack and increases officer, Lt. Spirito volunteered his services to being used in schools and libraries around the taxes on many other forms of tobacco prod- the Aston Fire Company. In his spare time, Lt. country. ucts. Spirito is an avid pilot and a technology ex- Just recently, the Library’s Packard Campus In the Fourth Congressional District of Flor- pert. for Audio-Visual Conservation began oper- ida, 27,416 families, or 31 percent of all fami- His leadership will be missed at the ations in Culpeper, VA. The Packard Campus, lies with children under the age of 18, are al- Tredyffrin Township Police Department, how- which is the result of the largest private gift ready eligible for either Medicaid or SCHIP ever I expect the entire County of Chester to ever made to the Library, is dedicated to under current law. Despite this fact, the Medi- transferring the Library’s priceless, but deterio- benefit by his recent appointment as Deputy care cuts to seniors are exacerbated by the rating, collection of moving images and re- fact that the CHAMP Act would cover individ- Director of Computer Services with the Ches- corded sounds to digital files and placing uals up to the age of 25. Once again, the very ter County Government Services Department. these materials in a digital storage archive. nature of the program, which is intended to Madam Speaker, I ask that my colleagues But of all the Billington era projects, the provide medical care to children, is com- join me today in honoring Lieutenant Michael most-far-reaching is the National Digital Li- promised by the expansion plan to cover J. Spirito for his exemplary and dedicated brary. This massive effort, funded by a public- young adults as well. service to the Tredyffrin Township Police De- private partnership, has already placed 135 In addition to all the concerns I mentioned partment and citizens it serves. His commit- million items on the Library’s web site—with above, I was unable to support this legislation ment and energy to make his community a many, many millions more to come. due to several additional concerns I had dur- better place is an example for all citizens to In Japan, Madam Speaker, a person who ing the consideration of this legislation. First of follow. has made exceptional cultural contributions all this bill was clouded in secrecy until hours

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before the House of Representatives voted on Chief Friel continues to believe that commu- Chairman FRANK and Congressman CAPUANO the bill. Additionally, the proposal authorizes a nity policing is the foundation for a successful for their fine work in shepherding this critical one-month waiting period for a motorized police team. He promotes teamwork as the legislation to the House floor. This act reminds scooter even if a doctor determined the scoot- key to maintaining a strong police force and us that the true measure of our homeland’s er was medically necessary, and reduces the believes that being respectful and fair is what preparedness against terrorist attack is our amount of time that the government would has made him such a successful police officer. ability to prepare for such an attack com- rent oxygen equipment to seniors from 36 In recognition for all of Chief Friel’s accom- prehensively and that includes the insurance months to only 13 months. Finally, the plishments and leadership, the Pennsylvania industry which is an essential part of our eco- CHAMP Act, in its current form, provides free American Legion recently named him Pennsyl- nomic landscape. healthcare to illegal immigrants. This complete vania Law Officer of the Year. This award is Mr. Chairman, the horrendous events of disregard for existing law will inevitably aggra- a testament to the example Chief Friel pre- September 11, 2001, tested our Nation’s abil- vate the existing illegal immigration problem. sents to other brave men and women of law ity to defend itself in many ways. Along with This legislation was an erratic attempt to re- enforcement, as well as a reflection of the the human and emotional toll these events authorize the State Children’s Health Insur- great people he has worked with over the took on all Americans, we noticed that not ance program while creating an open-ended years. I know all my colleagues join me today only our Government but also our private in- entitlement program that moves us further in commending Chief Friel for his exemplary dustries were not sufficiently prepared to deal away from providing benefits to those most in service and reward of accomplishment and we with the implications of a terrorist attack. Ter- need. honor him for his ongoing commitment to the rorist activity since September 11, 2001, has come to prove that our enemies are becoming f safety and well-being of the residents of Valley Township and Chester County, Pennsylvania. more agile and technologically sophisticated. VALLEY TOWNSHIP CHIEF OF There is no doubt in my mind that terrorists f POLICE JOE FRIEL are targeting not only our fellow citizens but IN RECOGNITION OF PATTY also our critical infrastructure including our fi- HON. JIM GERLACH ARISMENDEZ nancial services sector, since they are deter- OF PENNSYLVANIA mined to undermine the United States in the most fundamental of ways. IN THE HOUSE OF REPRESENTATIVES HON. JIM COSTA History has shown that al Qaeda and other OF CALIFORNIA Thursday, September 20, 2007 extremist organizations will explicitly direct IN THE HOUSE OF REPRESENTATIVES Mr. GERLACH. Madam Speaker, I rise their efforts against American citizens and today to honor Valley Township Chief of Po- Thursday, September 20, 2007 property in an effort to inflict economic harm. lice Joe Friel, a dedicated law enforcement of- Mr. COSTA. Madam Speaker, I rise today to According to a RAND policy brief, ‘‘there is ficer who epitomizes honor and valor. Chief honor Patty Arismendez of Bakersfield, Cali- reason to believe that al Qaeda is interested Friel is a graduate of the Downingtown Area fornia, the recipient of the National Association in continuing its efforts to disrupt the fiscal School District, who then went on to attend of Letter Carriers Heroes of the Year Award base of the United States by attacking its bor- the Delaware Country Municipal Police Acad- on behalf of the Western Region. This award ders.’’ If al Qaeda and others are determined emy. He started his police career in is to honor Letter Carriers who have gone to strike our financial targets, public policy- Royersford Borough in Montgomery County, above and beyond the call of duty. makers need to examine possible financial Pennsylvania as a part-time police officer, and During her 17 years with the United States mechanisms to mitigate these effects. Mr. Chairman, H.R. 2761 is a critical and then eventually moved to western Chester Postal Service, Patty worked her way up to a timely legislative response to the fact that after County. He has worked for the Caln Township Letter Carrier. She spent the last 10 years the terrorist attacks of September 11, many in- Police Department, Parkesburg Borough Po- working at Branch 782 of the National Asso- surance companies excluded terrorism events lice Department and Sadsbury Township Po- ciation of Letter Carriers in Bakersfield, Cali- from their policies. After the 9/11 terrorist at- lice Department, before taking a part-time job fornia. tacks, many insurance companies excluded with the Valley Township Bureau of Police in Today we honor Patty Arismendez for her terrorism events from their insurance policies. 1989. He was eventually hired full-time in heroic action. On October 14, 2006, Patty saw As a result, Congress passed the Terrorism 1990 and, in 2000, he obtained the rank of a toddler wandering into the middle of the Risk Insurance Act as a 3-year temporary pro- Sergeant. Following 17 years of service, the street. She used her vehicle to block the traffic gram in 2002. The act created a Federal back- young officer, who ‘‘was just happy to be a po- in this busy intersection and jumped out to stop to protect against terrorism related lice officer,’’ is now called Chief Friel and is in save the toddler. After Patty rescued the child, losses. In 2005, the measure was extended charge of nine other officers. He is married to she searched for her family and eventually re- until 2007. TRIA is now set to expire at the Annette Friel and they have two children, Joe united them. end of this year, unless we today extend the Jr. and Brittany. Patty saved the toddler from being hit by a law. In addition to Chief Friel’s duties as a police car or kidnapped. We recognize her bravery Since its enactment, TRIA has ensured the officer, he was also a D.A.R.E. officer for six and appreciate her devotion to her community. availability of affordable terrorism risk insur- years, allowing him to work closely with stu- Patty Arismendez is an honest, compas- ance in the marketplace and thereby fostered dents and schools in an effort to keep them sionate woman. I wish her continued success continued urban development and real estate safe. Chief Friel has received four outstanding and good luck in all of her future endeavors. development in the United States. While the service awards, two from the Valley Township f TRIA program has successfully kept terrorism Bureau of Police and two from the Coatesville TERRORISM RISK INSURANCE RE- insurance affordable, the President’s Working Area School District for his service as a Group on Financial Markets’ most recent re- D.A.R.E. officer. Chief Friel is a certified field- VISION AND EXTENSION ACT OF 2007 port concluded that a private market for ter- training officer for the Bureau of Police and rorism reinsurance is virtually nonexistent—es- has extensive training in domestic violence in- SPEECH OF pecially with regard to nuclear, biological vestigation. HON. SHEILA JACKSON-LEE chemical and radiological (NBCR) acts of ter- During his distinguished career, he was rorism. given a commendation for the apprehension of OF TEXAS IN THE HOUSE OF REPRESENTATIVES Mr. Chairman, I support H.R. 2761 because a subject that confronted police with two fully- it provides federal backstop for private ter- loaded shotguns following a violent domestic Wednesday, September 19, 2007 rorism insurance. One of the strongest fea- dispute, as well as a commendation from the The House in Committee of the Whole tures of the bill is that it comes at no cost to Westwood Fire Department for helping a man House on the State of the Union had under the American taxpayer unless there is a ter- who was injured in an explosion. consideration the bill (H.R. 2761) to extend rorist attack. Prior to becoming a police officer, Chief the Terrorism Insurance Program of the De- The security of our country can not be en- Friel worked for Hope Ambulance Service and partment of the Treasury, and for other pur- sured unless we make certain that the U.S. was a member of the patient recovery oper- poses: Government works hand-in-hand with the pri- ation team, which provided air transports for Ms. JACKSON-LEE of Texas. Mr. Chair- vate sector to confront terrorist threats. H.R. sick or injured persons. He was a firefighter man, I rise in strong support of H.R. 2761, 2761 exemplifies this idea. with the East Brandywine Fire Company and which revises and extends the Terrorism Risk The bill before us is based on the idea that was an Emergency Medical Technician. Insurance Act (TRIA) for 15 years. I commend it is in the best interest of our country that the

VerDate Aug 31 2005 04:59 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\K20SE8.002 E20SEPT1 ccoleman on PROD1PC69 with REMARKS E1948 CONGRESSIONAL RECORD — Extensions of Remarks September 20, 2007 Federal Government coordinate with insurers on individual lives. We come to seek the aid H.R. 1495—THE WATER RESOURCES to provide financial compensation to insured of the Surrogate and her office when we are DEVELOPMENT ACT parties for losses from acts of terrorism. It will in the midst of issues involving trusts, wills, contribute to the stabilization of the United estates, and probate. Our visits to the Surro- HON. ANDER CRENSHAW States economy at a time of national crisis. gate’s office are rarely on happy occasions, OF FLORIDA Mr. Chairman, I am also in support of this often following loss of a loved one. And, IN THE HOUSE OF REPRESENTATIVES bill because I believe that extending TRIA for though winding through the confusing red tape 15 years will contribute to the long-term sta- of probate law is just about the last thing we Thursday, September 20, 2007 bility of 2 critical American industries, the con- want to do under those circumstances, Susan Mr. CRENSHAW. Madam Speaker, I rise in struction and real estate industries. The long- Dickey and her staff have done all in their support of the conference report for H.R. term stability it provides will allow both indus- power to ease the difficult burden. 1495, the Water Resources Development Act. tries to engage in large-scale building projects Susan has sought to computerize estate This important legislation provides overdue au- in areas considered high-risk for terrorism. processing, to make information and forms thorization for hundreds of critical water Mr. Chairman, terrorist attacks target our available online, and to simplify the process. projects throughout the United States including country as a whole and not individual cities or She has made her office more accessible to several in my district, the Fourth Congres- States. I support the bill because it also exem- those who are handicapped, ill, or home- sional District of Florida. The bill authorizes plifies the critical idea that the risk from such bound. And, she has been working with the 900 flood-control, navigation and environ- attacks should be dealt with at the national County Office on Aging to develop a free-will mental projects managed by the Army Corps level. H.R. 2761 should be seen as part of our program for qualified seniors—a program she of Engineers and will authorize $21 billion dol- broader efforts to confront and defeat the ter- first introduced as a Warren County lars. Many of these projects are critical to the rorist enemy. Freeholder before she was elected to the Sur- safety of our commercial and recreational ship No legislative initiative, especially in such a rogate’s Office. traffic as they navigate inland waterways. I ap- critical field related to the security of our coun- Susan Dickey is a true public servant, and plaud the Chairman and Ranking Member of try, can become really effective unless it en- I commend her for her work and for the exam- the House Transportation & Infrastructure joys the support of the private industry it af- ple she provides. Committee for completing this imperative leg- fects. f islation. Mr. Chairman, I understand that H.R. 2761 IN RECOGNITION OF MOLLY P. f is broadly supported by insurance companies, HOWARD ON BEING NAMED NA- insurance agents and brokers, policyholders, WAGONTOWN VOLUNTEER FIRE TIONAL PRINCIPAL OF THE COMPANY 60TH ANNIVERSARY commercial developers, and construction com- YEAR panies. Another important provision in the bill is that HON. JOHN BARROW HON. JIM GERLACH it extends TRIA to cover both foreign and do- OF PENNSYLVANIA OF GEORGIA mestic terrorism. Currently, it covers only for- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES eign terrorism. It also adds group life insur- Thursday, September 20, 2007 ance to the types of insurance for which ter- Thursday, September 20, 2007 rorism insurance coverage must be made Mr. BARROW. Madam Speaker, on Tues- Mr. GERLACH. Madam Speaker, I rise available by insurers. It also sets the ‘‘trigger’’ day, September 4, 2007, Molly Parish Howard, today to honor the Wagontown Volunteer Fire level—the size of an attack at which the Fed- Principal of Jefferson County High School in Company in Chester County, PA which will eral Government would provide aid to insur- Louisville, Georgia, was named National High dedicate its new facility and celebrate its 60th ers—at $50 million. Current law (P.L. 109–44), School Principal of the Year by the National anniversary on Saturday, September 22, 2007. enacted in 2005, sets the level at $50 million Association of Secondary School Principals. I This fire company traces its history back to in 2006 and $100 million in 2007. Yet another had the privilege of attending her recognition 1947 when it was housed in a single-bay fire strong feature of the bill is it requires continu- ceremony and was moved by her dedication station located on Wagontown Road and ation of studies of the development of a pri- to, and passion for, her students, her school Route 340. vate market for terrorism and risk insurance. and her community. The original fire station was replaced in Mr. Chairman, I support the passage of H.R. Dr. Howard has devoted the past 30 years 1954 with a larger building located at 416 2761 and call on my colleagues to do likewise of her life to the children of Jefferson County, West Kings Highway with direct access to because I strongly believe that it will strength- Georgia. In one way or another, she’s been Route 340. It was designed and built with en our Nation’s efforts to confront the terrorist walking the halls of the public schools in that room for additional equipment that would be threat in a more comprehensive way and will area nearly all her life. Dr. Howard began her needed as the community grew. It was not provide long-term stability for critical American own education in the schools of Jefferson only used to house the fire apparatus, but also industries. County. Just three years after her graduation as a meeting, banquet and fundraising facility. In 1995, the Company decided that in order f from Wrens High School she returned to be- come one of the school system’s first special to keep up with the continuing growth in West IN HONOR OF THE PUBLIC SERV- education teachers. Caln and West Brandywine Townships, an ad- ICE OF SUSAN A. DICKEY, WAR- Dr. Howard has been serving as Principal of ditional facility was needed. The small, single- REN COUNTY SURROGATE the Jefferson County High School since 1995. station fire company that started in 1947 had When she became principal, she made it her grown into a fully operational fire and rescue HON. SCOTT GARRETT policy that every child in her high school would company. The fleet at that time consisted of OF NEW JERSEY receive a college preparatory education. Even five vehicles. A groundbreaking ceremony was IN THE HOUSE OF REPRESENTATIVES with an increasingly challenging curriculum, held on July 23, 2005, with site preparation nearly every indicator of the success of a high and building construction beginning shortly Thursday, September 20, 2007 school has improved since Dr. Howard took thereafter. The building of five bays, offices Mr. GARRETT of New Jersey. Madam that job. and a three-hundred seat community banquet Speaker, this evening, Susan A. Dickey, who Dr. Howard represents what is best about facility was then completed and the Company has served as elected Surrogate for the past our best schools. What’s more important, she was able to occupy and begin working out of seven years, will be honored for her record of brings out the best in her faculty and staff, her the new facility in September of 2006. dedicated service to the people of Warren students, and their families. She uses innova- Over the past sixty years, the Wagontown County, New Jersey. I join my friends and tion and creativity to inspire excellence in her fleet has grown to seven apparatus and the neighbors in commending Susan for her com- teachers; she is a conscientious member of Company is led by the tireless work of Chief mitment to this office. her community; and she is a friend, a mentor, Jeff Benach. The Company is 100% volunteer The constitutional office of Surrogate is not and a good example to her students. She is and has been supported by donations from a glamorous one. There aren’t a lot of ribbon the kind of person I’m grateful to have working the community and with numerous fundraisers. cuttings and photo ops to do. There aren’t on the front lines of our nation’s future. I’m The Wagontown Volunteer Fire Company has many big ticket items that make it to the front proud to represent her and her school, and I thrived due to the countless sacrifices and pages of the local papers. But, there are few congratulate her on this well deserved endless dedication of the many men and elected offices that can have a greater impact achievement. women who volunteer to support this local

VerDate Aug 31 2005 04:59 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A20SE8.051 E20SEPT1 ccoleman on PROD1PC69 with REMARKS September 20, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1949 treasure and to preserve and protect the lives Drew made a choice to serve his country; gree that the noise will be 5 times greater than and property of their fellow citizens. Drew made a choice to serve in Iraq; Drew it is now. These actions have caused many of I know all my colleagues join me today in made a choice to make his community a bet- us to question whether or not the FAA prop- congratulating the Wagontown Volunteer Fire ter place. erly and adequately met their responsibilities Company for all the work they do in their com- There are no words that can heal the under the environmental justice Executive munity. We wish them another 60 years of he- wounds of our hearts today; Oregon is far Order. Therefore, my amendment would have roic lifesaving and honorable stewardship as dimmer than it was with Drew a part of our stipulated that before implementing the New they continue to keep West Caln and West community. York/New Jersey/Philadelphia Redesign Brandywine Townships safe. Forever changed are the lives of Stacia, the project, the FAA Administrator must submit a f Jensen Family, and the community of Damas- report to Congress explaining how the agency cus. has met the requirements relating to environ- TRIBUTE TO CAPTAIN DREW We cannot undo any of the choices that mental concerns in minority communities. JENSEN brought us to this moment here, today. Needless to say, I am disappointed that the But we can recognize the courage and brav- Rules Committee did not accept my amend- HON. DARLENE HOOLEY ery of one of our own. ment, but I have received assurances that OF OREGON We can celebrate the life and legacy of Congress will keep up the pressure to ensure IN THE HOUSE OF REPRESENTATIVES Drew Jensen. that the FAA meets its responsibilities to all of And we can keep his spirit alive through re- Thursday, September 20, 2007 those who are impacted by the airspace rede- membering all that he was—all that he sign plan. Ms. HOOLEY. Madam Speaker, let us meant—all that he believed in. mourn the loss of an American Hero. Let us renew our commitment to making this f Just a short time ago, Captain Drew Jensen America, this Oregon, this community a place succumbed to wounds he received in Iraq. worthy of such sacrifice. TRIBUTE TO FRANK BECKMANN Drew was critically wounded in combat on Let us begin today. May 7, 2007 in the Diyala Province while serv- f ing with the 5th Battalion, 20th Infantry Regi- HON. THADDEUS G. McCOTTER ment north of Baghdad. AIRSPACE REDESIGN UNFAIRLY OF MICHIGAN IMPACTS MINORITY COMMUNITIES Captain Jensen was an officer in the 3rd IN THE HOUSE OF REPRESENTATIVES Brigade, 2nd Infantry—it is more commonly known as the ‘‘Stryker Brigade.’’ HON. DONALD M. PAYNE Thursday, September 20, 2007 Forty-eight young soldiers left Fort Lewis OF NEW JERSEY Mr. MCCOTTER. Madam Speaker, I rise to and never returned to duty. The Strykers were IN THE HOUSE OF REPRESENTATIVES honor Frank Beckmann upon the 35th anniver- sent into the toughest neighborhood in Iraq. Thursday, September 20, 2007 sary of his distinguished broadcasting career Their mission was to meet Al Qaeda on its at WJR, the ‘‘Great Voice of the Great Lakes.’’ ground and take it back. Mr. PAYNE. Madam Speaker, I rise to ex- It is with a heavy heart the Pacific North- press my disappointment that I was not per- Since his broadcasting career commenced west welcomes home the Brigade: they served mitted to offer an amendment to this bill after on September 11, 1972 as a WJR news re- honorably; they left Iraq better than they found testifying before the Rules Committee yester- porter at the age of 22, Frank Beckmann it, but the cost was high—the losses irreplace- day. My amendment would have addressed steadily rose through the ranks and served as able. concerns about the New York/New Jersey/ the station’s sports director and only play-by- Captain Jensen knew from an early age he Philadelphia Airspace Redesign. While all of play announcer to cover all four Detroit sports wanted to serve his country: he was a soldier us recognize the pressing need to improve the teams at least once. Today, he stands as a that lived and died with courage, integrity, and current system in order to promote efficiency beloved—in most quarters—Detroit radio per- selflessness. and reduce flight delays, the implementation of sonality. As a young man he worked hard and se- this particular plan will have a disproportionate Frank’s status was cemented in February of cured for himself the opportunity to attend negative impact on some minority commu- 2003, when the Frank Beckmann Show West Point. nities, including the city of Elizabeth, New Jer- debuted. Over the ensuing years, Frank’s After graduation in 2002, Drew approached sey, which is partially located in my Congres- commitment to providing fair and candid news the Army with absolute commitment. sional District. Unfortunately, our government coverage has earned him a legion of fans and Captain Jensen served two combat tours in has a history of causing minority communities countless awards, which he is trying to count Iraq—knowing that his men depended upon to bear a disproportionate share of undesir- regardless. Faithfully carrying on the WJR tra- his willingness to lead from the front and fulfill able environmental effects, whether it is air dition, the Frank Beckmann Show features on- the call of our Nation. noise, air pollution, or toxic waste dumps— air interviews, in-depth issue analyses, reliable At home, Stacia did her best to soldier on. these objectionable projects too often end up business reports, and continuous sports cov- An Army family knows the risks of combat. in poor and minority communities. In response erage. Frank’s enduring style and popularity She supported Drew on and off the battlefield to this injustice, Executive Order 12898, which with listeners has earned the attention of the through some of the toughest circumstances, was signed by President Clinton on February Michigan Association of Broadcasters who the harshest moments any family can encoun- 11, 1994 and reaffirmed by President Bush, awarded the Frank Beckmann Show two ‘‘Best ter. aims to ensure that environmental justice is in Class Awards,’’ Broadcast Personality/Team I ask that we take pause: cease the frenzied considered when federal agency decisions are of the Year 2006 and Best News Special: 9/ activities of modernity for just a moment and made. The population of the city of Elizabeth 11 Anniversary Broadcast From New York reflect upon the sacrifices we are asking of is about 65 percent non-white, with most mi- City. The Detroit Press Club Foundation also young soldiers like Drew Jensen. norities being Hispanic or African American. named him the 2007 Michigan Excellence in Drew was a casualty of war: he served with The Elizabeth community is especially Journalism winner and he was inducted into distinction, gave his last full measure of devo- alarmed about the proposed plan because the Michigan Sports Hall of Fame in 2007. tion, and ultimately sacrificed his life—and his under a previous procedure in the 1950s With a radio personality fans have come to family’s future—to answer the call of his men where planes ‘‘fanned out’’ over Elizabeth, know and love, Frank Beckmann’s extraor- in mortal combat. there were three tragic airplane crashes in a dinary accomplishments are well deserved. Leaders are not born, they are not made— very short time period—from December 1951 Madam Speaker, over the years, Frank has leaders such as Drew Jensen choose. to February 1952. elated audiences with his laid-back humor, Drew saw a problem and fixed it. He saw Under the Airspace Redesign proposal, high probing interviews, and male pattern baldness. that his men needed help, and he helped. He aircraft noise exposure in the immediate vicin- After 35 years of award-winning broadcasts on was a good officer that recognized the bur- ity of the airport increases from 53,276 resi- WJR, Frank truly is the best in his class. dens of command—an American that made a dents to 100,893 residents in Union County, Today, I ask my colleagues to join me in hon- choice to be a part of something larger—to where the city of Elizabeth is located. It also oring Frank Beckmann’s loyalty to his lis- live a life that mattered. increases from 94,407 residents to 131,916 teners, dedication to truth, and legendary con- My colleagues: the legacy of Captain Drew residents in Essex County. In some neighbor- tributions to talk radio, our community and our Jensen is a lesson for us all. hoods, the decibel levels could rise to a de- country.

VerDate Aug 31 2005 04:59 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\K20SE8.006 E20SEPT1 ccoleman on PROD1PC69 with REMARKS E1950 CONGRESSIONAL RECORD — Extensions of Remarks September 20, 2007 VINCENT SUPPAN the Catasauqua Band for 100 years, a feat to play tuba under Vince, receiving the going that reflects on the Suppan family’s passion rate of $2, which was good money for a high HON. JIM GERLACH for music and love of their community. school student at the time. Vince provided Mr. OF PENNSYLVANIA Today, Vince is a retired associate pro- Demkee with his first opportunity to play a IN THE HOUSE OF REPRESENTATIVES fessor of speech pathology at West Chester solo with a professional band, which is just University. He still resides near the University, Thursday, September 20, 2007 one example of the numerous lives Mr. faithfully commuting over 100 miles on Suppan has touched. Mr. GERLACH. Madam Speaker, I rise Wednesdays to lead rehearsals in today to honor one of the leaders of the arts Catasauqua. He has never lost his love of The Catasauqua Band continues to this day in my district, and someone who has dedi- leading the Band in ‘‘run-throughs’’ of music due to the passion of one man: Vincent cated his life to bringing the gift of music to from the Band’s extensive library. He often re- Suppan. Leading this band for 60 years is a countless others. Vincent Suppan was born in gales the Band with fascinating stories from testament to the dedication and hard work of 1920 and grew up in West Catasauqua, Penn- his long career. The combination of chal- Vincent, and a reflection of the passion he sylvania. He is a part of a proud family who lenging sight-reading and great tales makes brings to every performance. I know all my has tirelessly led the Catasauqua Band for rehearsals a delight for all the Band members. colleagues join me today in congratulating Vin- 100 years. Vincent’s cousins conducted the Among the many local musicians who played cent Suppan for his tireless leadership of the band from 1907 to 1947, when he took over with the Catasauqua Band is Ronald Demkee, treasured Catasauqua Band, and for all the as conductor. This ‘‘passing of the baton’’ has now conductor of the Allentown Band. Mr. great work he has and continues to do for all ensured that a dedicated conductor has led Demkee still recalls the first time he was paid those who love music.

VerDate Aug 31 2005 04:59 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\K20SE8.007 E20SEPT1 ccoleman on PROD1PC69 with REMARKS Thursday, September 20, 2007 Daily Digest Senate members of the United States Armed Forces. (A Chamber Action unanimous-consent agreement was reached providing Routine Proceedings, pages S11775–S11917 that the amendment, having achieved 60 affirmative Measures Introduced: Eleven bills and two resolu- votes, be agreed to). Pages S11785–88 tions were introduced, as follows: S. 2072–2082, and Levin (for Bond) Amendment No. 2875 (to S. Res. 323–324. Page S11853 Amendment No. 2011), to provide certain limita- tions to the issuance of security clearances. Measures Reported: Page S11810 S. 1771, to increase the safety of swimming pools Levin (for Nelson (NE)/Graham) Amendment No. and spas by requiring the use of proper anti-entrap- 2865 (to Amendment No. 2011), to authorize the ment drain covers and pool and spa drainage sys- Secretary of Defense to expand the persons eligible tems, to educate the public about pool and spa safe- for continued health benefits coverage. Page S11810 ty, with amendments. (S. Rept. No. 110–182) Levin (for Nelson (NE)/Graham) Amendment No. Page S11853 2867 (to Amendment No. 2011), to repeal the au- Measures Passed: thority for payment of a uniform allowance to civil- ian employees of the Department of Defense. Food and Drug Administration Amendments Pages S11810–11 Act: Senate passed H.R. 3580, to amend the Federal Levin (for Nelson (NE)/Graham) Amendment No. Food, Drug, and Cosmetic Act to revise and extend 2868 (to Amendment No. 2011), to provide for a the user-fee programs for prescription drugs and for continuation of eligibility for TRICARE Standard medical devices, to enhance the postmarket authori- coverage for certain members of the Selected Reserve. ties of the Food and Drug Administration with re- Page S11811 spect to the safety of drugs, clearing the measure for Levin (for Akaka) Amendment No. 2871 (to the President. Pages S11831–41 Amendment No. 2011), to provide flexibility in National Life Insurance Awareness Month: Sen- paying annuities to certain Federal retirees who re- ate agreed to S. Res. 324, supporting the goals and turn to work. Page S11811 ideals of ‘‘National Life Insurance Awareness Levin (for Nelson (NE)) Amendment No. 2866 (to Month’’. Pages S11862, S11914 Amendment No. 2011), to authorize demonstration Measures Considered: projects on the provision of services to military de- pendent children with autism. Pages S11811–12 National Defense Authorization Act: Senate con- Levin (for Nelson (NE)) Amendment No. 2869 (to tinued consideration of H.R. 1585, to authorize ap- Amendment No. 2011), to authorize increases in propriations for fiscal year 2008 for military activi- compensation for the faculty and staff of the Uni- ties of the Department of Defense, for military con- formed Services University of the Health Sciences. struction, and for defense activities of the Depart- Page S11812 ment of Energy, to prescribe military personnel, tak- Levin (for Inhofe) Amendment No. 2293 (to ing action on the following amendments proposed Amendment No. 2011), to authorize the transfer to thereto: Pages S11782–S11831, S11841–48 the Government of Iraq of three C–130 E tactical Adopted: airlift aircraft. Page S11812 By 72 yeas and 25 nays (Vote No. 344), Cornyn Levin (for Boxer) Amendment No. 2285 (to Amendment No. 2934 (to Amendment No. 2011), Amendment No. 2011), to require recurring reports to express the sense of the Senate that General David on the readiness of the National Guard for domestic H. Petraeus, Commanding General, Multi-National emergencies. Page S11812 Force-Iraq, deserves the full support of the Senate Levin (for Salazar) Amendment No. 2880, to re- and strongly condemn personal attacks on the honor quire a report on the High-Altitude Aviation Train- and the integrity of General Petraeus and all the ing Site, Colorado. Page S11812 D1230

VerDate Aug 31 2005 05:21 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D20SE7.REC D20SEPT1 ccoleman on PROD1PC69 with DIGEST September 20, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1231 Levin (for Kyl) Amendment No. 2892 (to Amend- Levin (for McCaskill) Amendment No. 2939 (to ment No. 2011), to require information regarding Amendment No. 2011), to provide for independent asymmetric capabilities in the annual report on the management reviews of contracts for services. military power of the People’s Republic of China. Page S11814 Page S11812 Levin (for McCaskill) Amendment No. 2940 (to Levin Amendment No. 2278 (to Amendment No. Amendment No. 2011), to provide for the enforce- 2011), to authorize a land exchange in Detroit, ment of requirements applicable to undefinitized Michigan. Pages S11812–13 contractual actions. Page S11814 Levin (for Bingaman) Amendment No. 2119 (to Levin (for Bond/Leahy) Amendment No. 2893 (to Amendment No. 2011), to require a report from the Amendment No. 2011), to enhance the national de- Inspector General of the Department of Defense on fense through empowerment of the Chief of the Na- a pilot program for the imposition of fines for non- tional Guard Bureau and the enhancement of the compliance of contractor personnel with require- functions of the National Guard Bureau. ments for contractor personnel performing private se- Pages S11814–16 Levin (for Reed/Dole) Amendment No. 2941 (to curity functions in areas of combat operations. Amendment No. 2011), to modify the termination Page S11813 of assistance to State and local governments after Levin (for Carper/McCaskill) Amendment No. completion of the destruction of the United States 2123 (to Amendment No. 2011), to provide for chemical weapons stockpile. Page S11816 training on contingency contracting for contractor Withdrawn: personnel outside the defense acquisition workforce. By 51 yeas and 46 nays (Vote No. 343), Boxer Page S11813 Amendment No. 2947 (to Amendment No. 2011), Levin (for Murray) Amendment No. 2921 (to to reaffirm strong support for all the men and Amendment No. 2011), to require a plan for the women of the United States Armed Forces and to participation of members of the National Guard and strongly condemn attacks on the honor, integrity, the Reserves in the benefits delivery at discharge and patriotism of any individual who is serving or program. Page S11813 has served honorably in the United States Armed Levin (for Hutchinson) Modified Amendment No. Forces, by any person or organization. (A unani- 2233 (to Amendment No. 2011), to require a report mous-consent agreement was reached providing that on the feasibility of housing a National Disaster Re- the amendment, having failed to achieve 60 affirma- sponse Center at Kelly Air Field, San Antonio, tive votes, be withdrawn). Pages S11782–85 Texas. Pages S11813–14 By 28 yeas to 70 nays (Vote No. 345), Feingold Levin (for Snowe/Kerry) Amendment No. 2299 Amendment No. 2924 (to Amendment No. 2011), (to Amendment No. 2011), to require consideration to safely redeploy United States troops from Iraq. (A of small business concerns in evaluating actions that unanimous-consent agreement was reached providing should be taken to address any disadvantage in the that the amendment, having failed to achieve 60 af- performance of contracts to actual and potential con- firmative votes, be withdrawn). Pages S11788–S11802 tractors and subcontractors of the Department of De- Pending: fense when employees of such contractors and sub- Nelson (NE) (for Levin) Amendment No. 2011, in contractors are mobilized as part of a United States the nature of a substitute. Page S11782 Warner (for Graham/Kyl) Amendment No. 2064 military operation overseas. Page S11814 (to Amendment No. 2011), to strike section 1023, Levin (for Snowe) Amendment No. 2300 (to relating to the granting of civil rights to terror sus- Amendment No. 2011), to require relevant reports pects. Page S11782 to be submitted to the Committee on Small Business Levin/Reed Amendment No. 2898 (to Amend- and Entrepreneurship of the Senate. Page S11814 ment No. 2011), to provide for a reduction and Levin (for Nelson (NE)/Graham) Amendment No. transition of United States forces in Iraq. 2864 (to Amendment No. 2011), to modify the pro- Pages S11802–10, S11816–27, S11828–31 visions relating to mandatory separation for years of Kyl/Lieberman Amendment No. 3017 (to Amend- service of Reserve officers in the grade of lieutenant ment No. 2011), to express the sense of the Senate general or vice admiral. Page S11814 regarding Iran. Pages S11827–28 Levin (for Kennedy) Amendment No. 2262 (to A unanimous-consent agreement was reached pro- Amendment No. 2011), to modify the sunset date viding for further consideration of the bill at 9:15 for the Office of the Ombudsman of the Energy Em- a.m., on Friday, September 21, 2007; provided that ployees Occupational Illness Compensation Program. the time until 9:50 a.m., be equally divided and Page S11814 controlled between Senators Levin and McCain, or

VerDate Aug 31 2005 05:21 Sep 21, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D20SE7.REC D20SEPT1 ccoleman on PROD1PC69 with DIGEST D1232 CONGRESSIONAL RECORD — DAILY DIGEST September 20, 2007 their designees; that the time from 9:50 a.m. to 10 The treaty was transmitted to the Senate today, a.m., be under the control of the two Leaders, or considered as having been read for the first time, and their designees, with the Majority Leader, or his des- referred, with accompanying papers, to the Com- ignee, controlling the final 5 minutes; provided fur- mittee on Foreign Relations and ordered to be print- ther, that at 10 a.m., Senate vote on or in relation ed. Page S11914 to Levin/Reed Amendment No. 2898 (to Amend- Padilla Nomination—Agreement: A unanimous- ment No. 2011) (listed above), with no amendment consent agreement was reached providing that the in order to the amendment prior to the vote; that nomination of Christopher A. Padilla, of the District the amendment be subject to 60 affirmative votes of Columbia, to be Under Secretary of Commerce for and that if it does not achieve 60 affirmative votes, International Trade, be referred jointly to the Com- the amendment be withdrawn; provided further, that mittee on Finance and the Committee on Banking, upon disposition of Levin/Reed Amendment No. Housing, and Urban Affairs. Page S11914 2898 (to Amendment No. 2011), Senator Biden be recognized to offer an amendment and that whenever Nominations Received: Senate received the fol- the Senate resumes consideration of the Biden lowing nominations: Amendment, that there be 30 minutes of debate Marine Corps nomination in the rank of general. prior to a vote on or in relation to the amendment, Routine lists in the Foreign Service, Marine with the time equally divided and controlled be- Corps. Page S11917 tween Senators Biden and McCain, or their des- Messages from the House: Page S11852 ignees, with no amendment be in order to the Measures Referred: Page S11852 amendment prior to the vote; provided further, that the Biden amendment be subject to a threshold of Measures Placed on the Calendar: 60 affirmative votes and that if it does not achieve Pages S11775, S11852 60 affirmative votes, the amendment be withdrawn. Executive Communications: Pages S11852–53 Page S11801 Executive Reports of Committees: Page S11853 Water Resources Development Act—Conference Additional Cosponsors: Pages S11853–56 Report: A unanimous-consent agreement was reached providing that at 3 p.m., on Monday, Sep- Statements on Introduced Bills/Resolutions: tember 24, 2007, Senate begin consideration of the Pages S11856–62 conference report to accompany H.R. 1495, to pro- Additional Statements: Pages S11850–51 vide for the conservation and development of water Amendments Submitted: Pages S11862–S11913 and related resources, to authorize the Secretary of the Army to construct various projects for improve- Notices of Hearings/Meetings: Page S11913 ments to rivers and harbors of the United States; Authorities for Committees to Meet: Page S11913 provided further, that the time until 5:45 p.m. be Record Votes: Three record votes were taken today. divided for debate as follows: 30 minutes under Sen- (Total—345) Pages S11785, S11787, S11801 ator Feingold’s control with the remainder of the time under the control of the two Leaders, or their Adjournment: Senate convened at 9:30 a.m. and designees; provided further, that at 5:45 p.m., Senate adjourned at 8:37 p.m., until 9:15 a.m. on Friday, vote on adoption of the conference report. September 21, 2007. (For Senate’s program, see the Page S11818 remarks of the Acting Majority Leader in today’s Record on page S11914.) Message from the President: Senate received the following message from the President of the United States: Committee Meetings Transmitting, pursuant to law, a report on the (Committees not listed did not meet) continuation of the national emergency that was originally declared on September 23, 2001, with re- LAND BILLS spect to persons who commit, threaten to commit, Committee on Energy and Natural Resources: Sub- or support terrorism; which was referred to the Com- committee on Public Lands and Forests concluded a mittee on Banking, Housing, and Urban Affairs. hearing to examine S. 1143, to designate the Jupiter (PM–26) Pages S11851–52 Inlet Lighthouse and the surrounding Federal land in Removal of Injunction of Secrecy: The injunction the State of Florida as an Outstanding Natural Area of secrecy was removed from the following treaty: and as a unit of the National Landscape System, S. Treaty with United Kingdom Concerning Defense 2034, to amend the Oregon Wilderness Act of 1984 Trade Cooperation (Treaty Doc. No. 110–7). to designate the Copper Salmon Wilderness and to

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amend the Wild and Scenic Rivers Act to designate rity benefits, after receiving testimony from Montrice segments of the North and South Forks of the Elk Godard Yakimov, Managing Director for Compli- River in the State of Oregon as wild or scenic rivers, ance and Consumer Protection, Office of Thrift Su- S. 1377, to direct the Secretary of the Interior to pervision, and Julie L. Williams, First Senior Deputy convey to the City of Henderson, Nevada, certain Comptroller and Chief Counsel, Office of the Comp- Federal land located in the City, S. 1608 and H.R. troller of the Currency, both of the Department of 815, bills to provide for the conveyance of certain the Treasury; Sara A. Kelsey, General Counsel, Fed- land in Clark County, Nevada, for use by the Ne- eral Deposit Insurance Corporation; Margot Saun- vada National Guard, S. 1740, to amend the Act of ders, National Consumer Law Center, Washington, February 22, 1889, and the Act of July 2, 1862, to D.C.; and Waverly Taliaferro, New York, New provide for the management of public land trust York. funds in the State of North Dakota, S. 1802, to ad- just the boundaries of the Frank Church River of No HIGH RISK IT PROJECTS Return Wilderness in the State of Idaho, S. 1939, to Committee on Homeland Security and Governmental Af- provide for the conveyance of certain land in the fairs: Subcommittee on Federal Financial Manage- Santa Fe National Forest, New Mexico, S. 1940, to ment, Government Information, Federal Services, reauthorize the Rio Puerco Watershed Management and International Security held an oversight hearing Program, and S. 1433, to amend the Alaska Na- to examine the Office of Management and Budget’s tional Interest Lands Conservation Act to provide ongoing information systems projects, focusing on competitive status to certain Federal employees in the efficacy of the management practices used by the State of Alaska, after receiving testimony from agencies to ensure the success of the projects, receiv- Joel Holtrop, Deputy Chief, National Forest System, ing testimony from Karen S. Evans, Administrator, U.S. Forest Service, Department of Agriculture; Mi- Electronic Government and Information Technology, chael Nedd, Assistant Director for Mineral, Realty, Office of Management and Budget; David A. and Resource Protection, Bureau of Land Manage- Powner, Director, Information Technology Manage- ment, Department of the Interior; and Mayor Jim ment Issues, Government Accountability Office; Auborn, and Jim Rogers, Friends of Elk River, on Barry C. West, Chief Information Officer, Depart- behalf of sundry organizations, both of Port Orford, ment of Commerce; Daniel G. Mintz, Chief Informa- Oregon. tion Officer, Department of Transportation; Michael NATION’S BRIDGES D. Duffy, Chief Information Officer, Department of the Treasury; Scott Charbo, Chief Information Offi- Committee on Environment and Public Works: Com- cer, Department of Homeland Security; and Paul A. mittee concluded an oversight hearing to examine Brinkley, Deputy Under Secretary of Defense for the condition of our nation’s bridges, focusing on the Business Transformation. Federal Highway Administration’s oversight of struc- Hearing recess subject to the call. turally deficient bridges with the National Highway System, after receiving testimony from Senators BUSINESS MEETING Klobuchar and Coleman; Mary E. Peters, Secretary, Committee on the Judiciary: Committee ordered favor- and Calvin L. Scovel III, Inspector General, both of ably reported the following items: the Department of Transportation; Kirk Steudle, S. 1845, to provide for limitations in certain com- Michigan Department of Transportation, Lansing, on munications between the Department of Justice and behalf of the American Association of State Highway the White House Office relating to civil and crimi- and Transportation Officials; and Andrew Herrmann, nal investigations, with an amendment in the nature Hardesty and Hanover, New York, New York, on of a substitute; behalf of the American Society of Civil Engineers. S. 772, to amend the Federal antitrust laws to BUSINESS MEETING provide expanded coverage and to eliminate exemp- Committee on Environment and Public Works: Com- tions from such laws that are contrary to the public mittee ordered favorably reported S. 589, to provide interest with respect to railroads, with an amend- for the transfer of certain Federal property to the ment; United States Paralympics, Incorporated, a subsidiary S. 1703, to prevent and reduce trafficking in per- of the United States Olympic Committee, with an sons, with an amendment; and amendment in the nature of a substitute. The nominations of Jennifer Walker Elrod, of Texas, to be United States Circuit Judge for the SOCIAL SECURITY BENEFITS Fifth Circuit, and Patrick P. Shen, of Maryland, to Committee on Finance: Committee concluded a hearing be Special Counsel for Immigration-Related Unfair to examine a review of bank treatment of social secu- Employment Practices.

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FUTURE OF WOMEN’S SMALL BUSINESS LLC, Burke, Virginia; and Rosemary Bratton, Wyo- PROGRAMS ming Women’s Business Center, Laramie. Committee on Small Business and Entrepreneurship: Com- LEGISLATIVE PRESENTATION mittee concluded a hearing to examine expanding opportunities for women entrepreneurs, focusing on Committee on Veterans’ Affairs: Committee concluded a the future of women’s small business programs, after joint hearing with the House Committee on Vet- receiving testimony from Anoop Prakash, Associate erans Affairs to examine the legislative presentation Administrator, Office of Entrepreneurial Develop- by the American Legion, after receiving testimony ment, and Debra S. Ritt, Assistant Inspector General from Martin F. Conatser, American Legion, Cham- for Auditing, both of the Small Business Adminis- paign, Illinois. tration; William B. Shear, Director, Financial Mar- kets and Community Investments, Government Ac- INTELLIGENCE countability Office; Wendi Goldsmith, Bio- Select Committee on Intelligence: Committee held closed engineering Group, Salem, Massachusetts; Ann hearings on intelligence matters, receiving testimony Marie Almeida, Association of Women’s Business from officials of the intelligence community. Centers, Camden, Maine; Gale King, Treats By Gale, Committee recessed subject to the call. h House of Representatives Rules of the House of Representatives to provide for Chamber Action enforcement of clause 9 of rule XXI of the Rules of Public Bills and Resolutions Introduced: 25 pub- the House of Representatives (Discharge Petition lic bills, H.R. 3607–3631; 1 private bill, H.R. No. 2). Page H10697 3632; and 4 resolutions, H. Con. Res. 216; and H. Committee Elections: The House agreed to H. Res. Res. 667–669 were introduced. Pages H10695–96 667, electing the following Members to serve on cer- Additional Cosponsors: Pages H10696–97 tain committees of the House of Representatives: Reports Filed: Reports were filed today as follows: Committee on Armed Services: Representative H.R. 3540, to amend the Internal Revenue Code Langevin. Committee on Homeland Security: Rep- of 1986 to extend the funding and expenditure au- resentative Pascrell. Committee on Science and Tech- thority of the Airport and Airway Trust Fund (H. nology: Representative Richardson (to rank imme- Rept. 110–337, Pt. 1) and diately after Representative McNerney). Committee H.R. 2830, to authorize appropriations for the on Small Business: Representatives Higgins and Coast Guard for fiscal year 2008, with an amend- Hirono. Committee on Transportation and Infra- Page H10695 ment (H. Rept. 110–338, Pt. 1). structure: Representative Richardson. Page H10635 Speaker: Read a letter from the Speaker wherein she FAA Reauthorization Act of 2007: The House appointed Representative DeGette to act as Speaker passed H.R. 2881, to amend title 49, United States Pro Tempore for today. Page H10629 Code, to authorize appropriations for the Federal Journal: The House agreed to the Speaker’s approval Aviation Administration for fiscal years 2008 of the Journal by voice vote. Pages H10629, H10636 through 2011, to improve aviation safety and capac- Committee Resignation: Read a letter from Rep- ity, and to provide stable funding for the national resentative Honda wherein he resigned from the aviation system, by a recorded vote of 267 ayes to Committee on Science and Technology, effective 151 noes, Roll No. 890. today. Page H10631 Pages H10631–33, H10634–35, H10636–87 Motion to Adjourn: Rejected the Lincoln Diaz- Pursuant to the rule, the amendment in the na- Balart motion to adjourn by a yea-and-nay vote of ture of a substitute printed in part A of H. Rept. 137 yeas to 265 nays, Roll No. 886. Pages H10633–34 110–335, modified by the amendment printed in Discharge Petition: Representative Boehner moved part B of such report, shall be considered as adopted to discharge the Committees on Rules from the con- in the House and in the Committee of the Whole sideration of H. Res. 559, providing for the consid- and shall be considered as the original bill for the eration of the resolution (H. Res. 479) to amend the purpose of further amendment. Pages H10650–80

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Rept. 110–335) that requires, subject to ap- ations exceed hourly maximum arrival and departure propriations, the Secretary of Transportation to in- rules at airports; call for an update of the Depart- vestigate consumer complaints regarding flight can- ment of Transportation Inspector General’s 2000 re- cellations, overbooking of flights, baggage problems, port on air carrier flight delays, cancellations, and ticket refund problems, incorrect or incomplete fare causes for such delays and cancellations. Essential Air information, the rights of frequent flyer passengers, Service communities receive additional resources to and deceptive or misleading advertising. The amend- help their communities continue to receive service, ment also requires the Secretary to provide, as an including a repeal of the local participation match, annex to the Department’s annual budget request, an a notice to communities prior to termination of eli- estimate of resources that would have been needed to gibility, procedures for the restoration of eligibility, investigate all consumer complaints received the pre- and the creation of an Office of Rural Aviation. The vious fiscal year; and Pages H10684–85 amendment also provides for labor integration dur- Neugebauer amendment (No. 8 printed in part C ing airline mergers, directs the FAA to conduct of H. Rept. 110–335) that requires the Adminis- rulemakings on flight time limitations, OSHA trator of the Federal Aviation Administration to standards for flight attendants, and aircraft rescue carry out a study on the feasibility of developing a and firefighting standards, and includes provisions publicly searchable, Internet Web-based resource on cabin air quality; Page H10680 that provides information regarding the acceptable LaTourette amendment (No. 2 printed in part C height and distance that wind turbines may be in- of H. Rept. 110–335) that provides the Secretary the stalled in relation to aviation sites and the level of authority to grant Airport Improvement Program obstruction such turbines may present to such sites funds no greater than $1,220,000 to Lake County (by a recorded vote of 418 ayes with none voting for the purpose of purchasing the Lost Nation Air- ‘‘no’’, Roll No. 889). Pages H10685–87 port from the city of Willoughby; Pages H10680–81 Agreed that the Clerk be authorized to make Poe amendment (No. 3 printed in part C of H. technical and conforming changes to reflect the ac- Rept. 110–335) that extends drug and alcohol test- tions of the House. Page H10687 ing to individuals performing maintenance work on U.S. air carriers at foreign aircraft repair stations; H. Res. 664, the rule providing for consideration of the bill, was agreed to by a yea-and-nay vote of Page H10681 218 yeas to 196 nays, Roll No. 888, after agreeing Shays amendment (No. 4 printed in part C of H. Rept. 110–335) that requires a GAO report assess- to order the previous question by a yea-and-nay vote ing the possibility of utilizing market-based strate- of 223 yeas to 189 nays, Roll No. 887. gies for air congestion reduction, such as Pages H10634–35 incentivizing airlines to move flights to off-peak Meeting Hour: Agreed by unanimous consent that times, implementing slotting systems for airports or when the House adjourns today, it adjourn to meet quotas, and comparing these strategies’ effectiveness at 12:30 p.m. on Monday, September 24th for against redesigning airspace; Pages H10681–82 morning hour debate. Page H10690 Hastings (FL) amendment (No. 5 printed in part Calendar Wednesday: Agreed by unanimous con- C of H. Rept. 110–335) that states that Section 807, sent to dispense with the Calendar Wednesday busi- which establishes a working group on ‘‘Consolidation ness of Wednesday, September 26th. Page H10690 and Realignment of FAA Facilities’’, covers consoli- dation of FAA regional offices and also ensures that Presidential Message: Read a message from the the working group could include representatives of President wherein he notified Congress of the con- the employees of the regional offices; Page H10682 tinuation of the national emergency declared with Costello amendment (No. 6 printed in part C of respect to persons who commit, threaten to commit, H. Rept. 110–335) that requires the Secretary of or support terrorism—referred to the Committee on Transportation to issue regulations requiring air car- Foreign Affairs and ordered printed (H. Doc. riers to provide initial and annual recurring training 110–59). Page H10690 for flight attendants and gate attendants regarding Senate Message: Message received from the Senate serving alcohol, dealing with disruptive passengers, today appears on page H10629. and recognizing intoxicated persons. The training

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Quorum Calls—Votes: Three yea-and-nay votes EAST ASIA AND PACIFIC ASSISTANCE and two recorded votes developed during the pro- Committee on Foreign Affairs: Subcommittee on Asia, ceedings of today and appear on pages H10633–34, the Pacific, and the Global Environment held a hear- H10634–35, H10635, H10686, H10687. There ing on U.S. Assistance in East Asia and the Pacific: were no quorum calls. An Overview. Testimony was heard from the fol- Adjournment: The House met at 10 a.m. and ad- lowing officials of the Department of State: Glyn T. journed at 3:08 p.m. Davies, Deputy Assistant Secretary, Australia, New Zealand, and the Pacific Islands, Bureau of East Committee Meetings Asian and Pacific Affairs; and Lisa Chiles, Deputy Assistant Administrator, Bureau for Asia and the ACCOUNTABILITY DURING CONTINGENCY OPERATION Near East, U.S. Agency for International Develop- ment. Committee on Armed Services: Held a hearing on Ac- countability During Contingency Operations: Pre- FIRST RESPONDERS HEALTH AND SAFETY venting and Fighting Corruption in Contracting and Committee on Homeland Security: Held a hearing enti- Establishing and Maintaining Appropriate Controls tled ‘‘Protecting the Protectors: Ensuring the Health on Materiel. Testimony was heard from the fol- and Safety of Our First Responders in the Wake of lowing officials of the Department of Defense: Catastrophic Disasters.’’ Testimony was heard from Thomas F. Gimble, Principle Deputy Inspector Gen- Jon R. Krohmer, M.D., Principal Deputy Assistant eral; Shay Assad, Director, Defense Procurement and Secretary and Deputy Chief Medical Officer, Office Acquisition Policy and Strategic Sourcing; LTG N. of Health Affairs, Department of Homeland Security; Ross Thompson, USA, Military Deputy to the As- John Howard, M.D., Director, National Institute for sistant Secretary of the Army for Acquisition, Logis- Occupational Health and Safety, Centers for Disease tics, and Technology; Kathryn Condon, Executive Control and Prevention, Department of Health and Deputy to the Commanding General Army Materiel Human Services; Cynthia A. Basscetta, Director, Command; and Peter Velz, Foreign Affairs Specialist Health Care, GAO; Mike D. McDaniel, Secretary, for Iraq, Office of the Deputy Assistant Secretary for Department of Environmental Quality, State of Lou- Middle East. isiana; and public witnesses. FEDERAL BUDGET EFFICIENCY CITIZENSHIP AND IMMIGRATION Committee on the Budget: Held a hearing on Using SERVICES FEES Taxpayers’ Dollars Most Efficiently: Perspectives on Committee on the Judiciary: Subcommittee on Immi- Performance Budgeting. Testimony was heard from gration, Citizenship, Refugees, Border Security, and Clay Johnson, III, Deputy Director, Management, International Law held a hearing on the United OMB; David M. Walker, Comptroller General, States Citizenship and Immigration Services Fee In- GAO; and Peter R. Orszag, Director, CBO. crease Rule. Testimony was heard from the following PROTECTING CHILDREN FROM LEAD- officials of the U.S. Citizenship and Immigration TAINTED IMPORTS Services, Department of Homeland Security: Jona- Committee on Energy and Commerce: Subcommittee on than R. Scharfen, Deputy Director; Rendell Jones, Commerce, Trade, and Consumer Protection contin- Chief Financial Officer; and Michael Aytes, Associate ued hearings entitled ‘‘Protecting Children From Director, Domestic Operations; and public witnesses. Lead-Tainted Imports.’’ Testimony was heard from VIRGIN ISLANDS EDUCATION public witnesses. Committee on Natural Resources: Subcommittee on In- MINIMIZING/MITIGATING MORTGAGE sular Affairs approved for full Committee action H. FORECLOSURES R. 53, Virgin Islands National Park School Lease Committee on Financial Services: Held a hearing enti- Act. tled ‘‘ Legislative and Regulatory Options for Mini- mizing and Mitigating Mortgage Foreclosures.’’ Tes- MISCELLANEOUS MEASURES timony was heard from Henry M. Paulson, Jr., Sec- Committee on Oversight and Government Reform: Ordered retary of the Treasury; Alphonso Jackson, Secretary reported the following measures: H. Con. Res. 193, of Housing and Urban Development; Ben S. Recognizing all hunters across the United States for Bernanke, Chairman, Board of Governors, Federal their continued commitment to safety; H. Res. 303, Reserve System; Daniel H. Mudd, President and Expressing the sense of the House of Representatives CEO, Fannie Mae; Richard F. Syron, Chairman and that a day ought to be established to bring aware- CEO, Freddie Mac; and public witnesses. ness to the issue of missing persons; H. Res. 584,

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Supporting the goals and ideals of ‘‘National Life In- Sickle Disease Awareness Month; and H.R. 663, surance Awareness Month;’’ H. Res. 605, Supporting Supporting the goals and ideals of Veterans of For- the goals and ideals of Gold Star Mothers Day; H. eign Wars Day. Res. 641, Acknowledging the importance of under- standing the history of the United States of America SMALL BUSINESS INVESTMENT and recognizing the need to foster civic responsi- EXPANSION ACT bility in all citizens; H.R. 2089, To designate the Committee on Small Business: Ordered reported H.R. facility of the United States Postal Service located at 3567, Small Business Investment Expansion Act of 701 Loyola Avenue in New Orleans, Louisiana, as 2007. the ‘‘Louisiana Armed Services Veterans Post Office;’’ OVERSIGHT—VETERANS’ WORKFORCE H.R. 2276, To designate the facility of the United TRANSITION States Postal Service located at 203 North Main Street in Vassar, Michigan, as the ‘‘Corporal Chris- Committee on Veterans’ Affairs: Subcommittee on Eco- topher E. Esckelson Post Office Building;’’ H.R. nomic Opportunity held an oversight hearing on Li- 3233, To designate the facility of the United States censure and Certification of Transitioning Veterans. Postal Service located at Highway 49 South in Piney Testimony was heard from Leslye A. Arsht, Deputy Woods, Mississippi, as the ‘‘Laurence C. and Grace Under Secretary, Military Community and Family M. Jones Post Office Building;’’ H.R. 3297, To des- Policy, Department of Defense; John McWiliam, ignate the facility of the United States Postal Service Deputy Assistant Secretary, Veterans’ Employment located at 950 West Trenton Avenue in Morrisville, and Training Services, Department of Labor; Keith Pennsylvania, as the ‘‘Nate DeTample Post Office N. Wilson, Director, Education Service, Veterans Building;’’ H.R. 3307, To designate the facility of Benefits Administration, Department of Veterans Af- the United States Postal Service located at 570 fairs; and representatives of veterans organizations. Broadway, Bayonne, New Jersey, as the ‘‘Dennis P. FISA Collins Post Office Building;’’ H.R. 3308, To des- ignate the facility of the United States Postal Service Permanent Select Committee on Intelligence: Held a hear- located at 216 Main Street in Atwood, Indiana, as ing on FISA with the DNI. Testimony was heard the ‘‘Lance Corporal David K. Fribley Post Office;’’ from Michael McConnell, Director, National Intel- H.R. 3325, to designate the facility of the United ligence; and Kenneth Wainstein, Assistant Attorney States Postal Service located at 235 Mountain Road General, National Security, Department of Justice. in Suffield, Connecticut, as the ‘‘Corporal Stephen B. RENEWABLE ELECTRICITY STANDARDS Bixler Post Office;’’ H.R. 3382, To designate the fa- cility of the United States Postal Service located at Select Committee on Energy: Held a hearing entitled 299 North William Street in Goldsboro, North ‘‘Renewable Electricity Standards: Lighting the Carolina, as the ‘‘Philip A. Baddour, Sr. Post Of- Way.’’ Testimony was heard from William Ritter, fice;’’ H.R. 3518, To designate the facility of the Governor of Colorado; and public witnesses. United States Postal Service located at 1430 South f Highway 29 in Cantonment, Florida, as the ‘‘Charles COMMITTEE MEETINGS FOR FRIDAY, H. Hendix Post Office Building;’’ H.R. 1236, To SEPTEMBER 21, 2007 make permanent the authority of the United States Postal Service to issue a special postage stamp to (Committee meetings are open unless otherwise indicated) support breast cancer research; H.R. 1110, To Senate amend the Internal Revenue Code of 1986 to allow Federal civilian and military retirees to pay health Committee on Finance: Business meeting to consider original bills entitled, ‘‘American Infrastructure Invest- insurance premiums on a pretax basis and to allow ment and Improvement Act’’, ‘‘The Habitat and Land a deduction for TRICARE supplemental premiums; Conservation Act of 2007’’, and to review and make rec- H.R. 3530, To designate the facility of the United ommendations on proposed legislation implementing the States Postal Service located at 1400 Highway 41 U.S.-Peru Trade Promotion Agreement, 8 a.m., SD–215. North in Inverness, Florida, as the ‘‘Chief Warrant Officer Aaron Weaver Post Office Building;’’ H. House Con. Res. 210, Supporting the goals and ideals of No committee meetings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:15 a.m., Friday, September 21 12:30 p.m., Monday, September 24

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Monday: To be announced. of H.R. 1585, National Defense Authorization Act, and after a period of debate, vote on or in relation to Levin/ Reed Amendment No. 2898 at 10:00 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE Ellison, Kieth, Minn., E1935, E1936 Michaud, Michael H., Me., E1942 Garrett, Scott, N.J., E1935, E1937, E1948 Miller, Jeff, Fla., E1938, E1941 Ackerman, Gary L., N.Y., E1943 Gerlach, Jim, Pa., E1946, E1947, E1948, E1950 Moore, Dennis, Kans., E1945 Allen, Thomas H., Me., E1943 Hall, Ralph M., Tex., E1943 Payne, Donald M., N.J., E1949 Baldwin, Tammy, Wisc., E1938 Hooley, Darlene, Ore., E1949 Poe, Ted, Tex., E1938, E1940, E1944 Barrow, John, Ga., E1948 Hulshof, Kenny C., Mo., E1939 Rogers, Mike, Ala., E1942 Berman, Howard L., Calif., E1945 Issa, Darrell E., Calif., E1943 Salazar, John T., Colo., E1936, E1937 Bilirakis, Gus M., Fla., E1939 Jackson-Lee, Sheila, Tex., E1938, E1947 Slaughter, Louise McIntosh, N.Y., E1936, E1937 Boustany, Charles W., Jr., La., E1938 Kanjorski, Paul E., Pa., E1940 Smith, Adrian, Nebr., E1939 Campbell, John, Calif., E1941 Lantos, Tom, Calif., E1944, E1946 Stark, Fortney Pete, Calif., E1940 Castle, Michael N., Del., E1939 Lofgren, Zoe, Calif., E1944 Thompson, Bennie G., Miss., E1935 Conyers, John, Jr., Mich., E1942, E1944 McCollum, Betty, Minn., E1935, E1936 Thompson, Mike, Calif., E1937 Costa, Jim, Calif., E1947 McCotter, Thaddeus G., Mich., E1949 Weldon, Dave, Fla., E1945 Crenshaw, Ander, Fla., E1945, E1946, E1948 Meek, Kendrick B., Fla., E1940 Wolf, Frank R., Va., E1939

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